Terms of Service
LEVEL UP SPORTSCARDS, INC.’S
TERMS AND CONDITIONS OF USE
General Conditions and Definitions
1. This website is operated by Level Up Sportscards Inc.
2. The terms "we", "us" and "our" refers Level Up Sportscards Inc.
3. The terms “you”, “your” or “user” refer to you and all of your employees, agents, representatives and agents, including but not limited to family members
4. Level Up Sportscards Inc. offers this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
5. By either visiting our site (http://www.levelupsubs.com), purchasing any of our services from us or by entering into any consignment and/or bailment relationship with us, you engage in our "Service" and agree to be bound by the following terms and conditions (“TOS”, "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
6. These TOS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
7. Please read these TOS carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TOS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these TOS are considered an offer, acceptance is expressly limited to these TOS.
8. Any new features or tools which are added to the services section shall also be subject to the TOS. You can review the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of these TOS by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
9. Our store is hosted on Level Up Sportscards Inc. along with Square Payments. They provide us with the online e-commerce payment processing that allows us to sell our services to you.
I. ONLINE STORE TERMS
a. By agreeing to these TOS, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
b. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
c. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
II. GENERAL CONDITIONS
a. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
b. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
c. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
III. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk, given the volatile nature of the Service we offer.
b. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
c. Given the volatile nature of the sports card grading industry, prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
d. We shall not be and will never be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
V. SERVICES PROVIDED BY US
a. Certain services may be available exclusively through the website. Details regarding the services provided by us can be found at: https://levelupsportscards.com/faq-s .
b. We have made every effort to display as accurately as possible the service information and images of our services that appear in payment section. We cannot guarantee that your computer monitor's display of any color will be accurate.
c. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of services that we offer. All descriptions of services and pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
d. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
e. NO REFUND POLICY
There are no refunds under any circumstances for our services. It is possible your card(s) or item(s) may be returned by PSA as ungradable. Even if your card(s) or item(s) are returned as ungradable, there are no refunds. By using our services, you agree there are no refunds if your card(s) or item(s) is determined ungradable by PSA.
Please see PSA Website for its grading standard https://www.psacard.com/resources/gradingstandards.
Moreover, PSA reserves the right to make judgment calls on the grade of a particular card(s) or item(s). Even if you disagree with PSA’s judgment call, there are no refunds.
By agreeing to these TOS, you agree that we are not liable for any change in condition to your card(s) or item(s) at any time during the shipping or delivery process.
VI. ACCURACY OF BILLING AND ACCOUNT INFORMATION
a. We reserve the right to refuse any order you place with us whether or not your order violates these TOS.
b. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit service that, in our sole judgment, appear to be placed by group submitters.
c. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
d. Should we not be able to contact you regarding the accuracy and account information, we reserve the right to restrict your ability to use the Service and limit or prohibit use of our Service.
e. There are no refunds. For more information, please see Section V.e. of these TOS.
VII. SUBTRACKER
a. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
b. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.
VIII. THIRD-PARTY LINKS
a. Content, products and services available via our website ( www.levelupsubs.com ) may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
b. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
IV. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
X. PERSONAL INFORMATION
Your submission of personal information through the website (www.leveupsubs.com ) is governed by our Privacy Policy.
XI. ERRORS, INACCURACIES AND OMISSIONS INCLUDING PRICES
a. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). You agree to not hold us liable under any circumstances should our website contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
b. Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XII. PROHIBITED USES
a. In addition to other prohibitions as set forth in the TOS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and services delivered to you through our website ( levelupsubs.com ) are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
b. In no case shall Level Up Sportscards Inc. our directors, officers, employees, affiliates, agents, attorneys, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services, or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
XIV. INDEMNIFICATION
a. You agree to indemnify, defend and hold harmless Level Up Sportscards Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, attorneys, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
XV. SEVERABILITY
a. In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.
XVI. TERMINATION
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to use our Services, and/or when you cease using the Level Up Sportscards Inc.website.
b. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XVII. ENTIRE AGREEMENT
a. The failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. These TOS and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS).
Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.
XVIII. CHOICE OF LAW
a. All issues and questions concerning the construction, validity, enforcement and interpretation of the TOS shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. All disputes regarding these TOS shall
XIX. FORUM SELECTION
a. Any action brought on or with respect to this TOS or any other document executed in connection herewith or therewith by a party to this TOS against another party to this TOS shall be brought only in a court of competent jurisdiction in Ventura County California, or if venue does not lie in any such court only in a court of competent jurisdiction within the State of California (the "Chosen Courts"). Each party to this TOS (a) consents to jurisdiction in the Chosen Courts; (b) waives any objection to venue in any of the Chosen Courts; and (c) waives any objection that any of the Chosen Courts is an inconvenient forum.
XX. CHANGES TO TOS
a. Level Up Sportscards Inc reserves the right to change, amend or modified these TOS at any time. You can review the most current version of the TOS at any time at this page.
XXI. FAILURE TO PAY.
If the Customer fails to pay the fees for the grading and authentication services within 30 Days after completion at PSA, Level Up Sports Cards, INC. shall have the right, without further notice or demand, to sell the Cards to satisfy the unpaid fees. The Customer acknowledges and agrees that the Company shall have no obligation to return any surplus proceeds from the sale of the Cards to the Customer, and the Customer hereby forfeits any such surplus proceeds.
CONTACT INFORMATION
Questions about the TOS should be sent to contact@levelupsubs.com.