Effective Date: June 1, 2023
You acknowledge that MyCollect may make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Services or changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following our notice to you of the adoption of the amended terms. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Site, or by other means, consistent with applicable law. By continuing to use the Site you will be deemed to have agreed to and accepted any changes to the Agreement. You are responsible for periodically reviewing this Agreement for updates and amendments. If you do not agree to any change to this Agreement, you may not use the Site or the Services.
As used herein, “you” means anyone who accesses and/or uses any aspect of the Site, including individuals acting on behalf of an individual, corporation, partnership, or other entity.
IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS ADDRESS HOW YOU CAN BRING CLAIMS BETWEEN YOU AND MYCOLLECT, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 17 BELOW. PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 17 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH MYCOLLECT ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE CONSIDERED THE CONSEQUENCES OF THIS DECISION.
1. License and Access to the Site
Subject to the restrictions and conditions set forth in these Terms, MyCollect grants you a personal, limited, revocable, non-transferable, non-exclusive license to, in compliance with all applicable laws and regulations (1) access and use the Services, and (2) install and use a copy of our mobile application for using the Services on a device owned or controlled by you, but only to the extent such application is obtained from a MyCollect-authorized marketplace. This license shall not include any right: to resell or make any commercial use of the Site or any information, content and/or materials available on, within, via or in connection with the Site (collectively, “Content”); to publicly display any of the Site or its Content (commercial or non-commercial); to create any derivative works based on the Site or any Content; or to use data mining, robots, or similar data gathering and extraction tools or techniques on the Site. This license shall automatically terminate if you violate any provision of these Terms and may be terminated by MyCollect at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Certain Site functions, Content, and aspects of the Services may not be accessible or work properly without registration; such registration is voluntary and may, in certain cases, require the approval of and/or payment to MyCollect.
MyCollect accepts no liability for the accuracy or completeness or use of, and no liability to update, the Content contained on the Site. We make no guarantees regarding the availability of the Site or the Services. Additionally, we reserve the right, within our sole discretion, to discontinue the Site, or to restrict anyone’s access to the Site for any reason. You agree that we will not be liable to you or any third party for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.
2. Intellectual Property
Any and all rights associated with the Site, its Content and the Services, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, trade names, moral rights and patents (“Intellectual Property”) are the sole property of MyCollect or its licensors, affiliates or other third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, display, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise use any Intellectual Property displayed or made available in, or otherwise associated with, the Site, in any way, without MyCollect’s express written consent. Except as provided herein, MyCollect does not grant to you any express or implied rights to our or any third party’s Intellectual Property.These Terms do not take away any Intellectual Property rights you may own in Content that you share or upload to the Site, provided that such ownership shall not limit or nullify any license you grant to MyCollect or any third party under these Terms (including the Submission License).
You hereby grant to MyCollect a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, fully transferable, and sub-licensable through multiple tiers, license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display any and all feedback, suggestions, ideas, content and materials submitted, uploaded or posted by you via or in connection with the Site, along with any name, username, voice, or likeness provided in connection with such feedback, suggestions, ideas, content and materials (collectively “Your Submissions”), and to exploit Your Submissions in any way, whether for profit or not, in any manner, medium and jurisdiction, now known or hereafter discovered or developed, throughout the universe, without permission or notice (the “Submission License”). You represent and warrant that you have the legal right and ability to grant the foregoing Submission License to MyCollect. You acknowledge and agree that (1) Your Submissions are submitted, uploaded or posted by you voluntarily and that (2) you have no expectation of review, compensation or consideration from any and all exploitations by MyCollect under the Submission License. To the extent that any moral rights, attribution rights or ancillary rights are involved, you agree not to enforce any such rights against MyCollect. Notwithstanding anything else in these Terms, to the extent applicable law prohibits any of Your Submissions from being subject to the Submission License, such of Your Submissions shall be excluded from the scope of the Submission License to the extent required by such law in order to maintain the validity of the Submission License.
Any submissions, uploads or postings on the Site are not made in confidence, and no fiduciary relationship is created between you and MyCollect. You alone are responsible for Your Submissions, and you may expose yourself to liability if you post or share Your Submissions without all necessary rights. We reserve the right to screen or edit Your Submissions, but are not obligated to do so. We may, in our sole discretion, delete or remove any of Your Submissions at any time and for any reason, including for violating these Terms, or if you otherwise create, or we believe you are likely to create, liability for us.
5. User Accounts
In order to access certain aspects of the Services and Content, you must register for and maintain a user account on one or more portions of the Site (an “Account”). Account registration requires you to submit to MyCollect certain personal information, such as your name and email address, and to setup a password. The email you use must be one where we can reach you. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. Passwords are subject to cancellation or suspension by MyCollect at any time. Unless otherwise permitted by MyCollect in writing, you may only possess one Account on any particular web domain that is part of the Site.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
When you set up an Account, we create a member profile for you that will include personal information you provide. We may update your profile with information you provide us on the Site.
6. Fees and Payments
MyCollect charges fees for access to certain Services and Content. You hereby agree to pay all fees and charges you incur, including through your Account(s), at the rates in effect for the billing period for which such fees and charges are incurred, including but not limited to charges for any Services offered for sale through the Site. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Site, Content and any other Services purchased through your Account(s). In no event will you be allowed access to any portion of the Site, Services or Content for which a prepaid fee is required unless and until MyCollect receives all fees and charges payable by you. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
If you purchase access to any Services or Content, you may request cancellation of your purchase up and until you use or view any portion of such purchased Services or Content; by using or viewing any portion of such purchased Services or Content, you are waiving any right to cancel said purchase and receive a refund. If you wish to cancel a purchase, you must do so by emailing [email protected].
When purchasing access to any Services or Content, you may be directed to a third-party website to render payment; these Terms will not apply to your use of such a third-party website. Please review the terms governing your use of that third party website and your purchases thereon.
7. Links to Third-Party Websites
8. Warranties and Consents
You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms herein as well as to disseminate any material you upload to the Site. You additionally consent to the use of electronic signatures whenever necessary and acknowledge that such electronic signatures are legally binding and enforceable.
The Site may include testimonials. MyCollect does not guarantee the accuracy of such testimonials, and in no event shall such testimonials constitute a guarantee, warranty, or prediction regarding your experience with MyCollect.
No individuals under 13 years of age are authorized to use the Site. Individuals submitting information via the Site represent that they are over 13 years of age. If you are between the ages of 13 to 18, you must have your parent or guardian’s permission to use the Site and/or to create an Account; by using the Site, you are representing and warranting that you have obtained the necessary permissions do so.
11. Jurisdictional Issues
MyCollect controls and operates the Site from our offices in the United States of America. Only persons located outside of the European Economic Area, United Kingdom or Switzerland are authorized to access and use the Site and the Services. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so without authorization, on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
By providing any personal information via the Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States, as well as any other countries where MyCollect’s affiliates or service providers may be located, to the extent consistent with applicable law.
12. No Warranty; Disclaimer
MyCollect provides its Services and the information on its Site “as-is” and without representation or warranty of any kind, express or implied. To the full extent permissible under applicable law, MyCollect disclaims all implied warranties including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
By using MyCollect’s Site, you agree that, to the extent permissible by law, MyCollect is not liable to you or others for any damages under any theory arising from the Site or Services, your access to or use of the Site or Services, or your reliance on any information on this Site or provided in the course of receiving Services.
While we endeavor to create a secure and reliable Site, MyCollect is not responsible for the security of information transmitted via the Internet, the accuracy of information on the Site, or for the consequences of any reliance on such information. You must make your own determination regarding these matters. This Site may be temporarily unavailable from time to time for maintenance or other reasons. You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that you transmit to the Site.
You acknowledge and agree that the value of collectibles is inherently subjective. MyCollect makes no representations or warranties as to accuracy of any statement or other information on the Site regarding the value, condition or status of any collectible or other item, or published statistics related to any of your Ads. For example, in connection with MyCollect’s TheftCheck™ service, MyCollect publishes information on the Site regarding reports from third parties about whether particular collectibles have been reported as stolen; however, MyCollect (1) is in no way representing, warranting or guaranteeing that such information is accurate or up-to-date, and (2) disclaims any and all liability relating to any such information that may be inaccurate.
YOU EXPRESSLY AGREE THAT:
(1) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYCOLLECT DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERRORS OR MALICIOUS CODE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(2) YOUR USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL.
(3) MYCOLLECT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. MYCOLLECT IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF MYCOLLECT. THE SITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”). MYCOLLECT HAS NOT REVIEWED ALL OF THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITES OR ANY FURTHER SITES LINKED THEREIN. YOUR ACCESS AND USE OF THE LINKED SITES IS AT YOUR SOLE RISK.
13. Limitation of Liability
IN NO EVENT SHALL MYCOLLECT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF MYCOLLECT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYCOLLECT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYCOLLECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYCOLLECT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
14. Prohibited Conduct
You agree to only use MyCollect’s Site for purposes that are lawful and in accordance with these Terms and any applicable law, rules, or regulations. You may not:
- use MyCollect’s Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
- attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through MyCollect’s Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or “spam” on MyCollect’s Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its users for any unauthorized purpose;
- modify, create derivative works of, disassemble, decompile, or reverse engineer any of the Services or Content;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by MyCollect, any of its affiliates or any third parties;
- use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- use the Site for any commercial purpose whatsoever, other than as allowed herein or otherwise approved in writing by MyCollect.
15. Social Media
MyCollect may, in its sole discretion, offer certain individuals access to MyCollect-affiliated social media groups. While MyCollect encourages individuals to engage in positive and constructive dialogue, MyCollect makes no representations or warranties regarding the behavior or conduct of third parties in such social media groups. If you observe any negative or harmful conduct in such settings – including any of the prohibited conduct detailed in Section 14 – please promptly inform MyCollect using the contact information available in Section 25.
You represent and warrant that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. You agree to indemnify, defend and hold MyCollect and its subsidiaries, affiliates, officers, members, employees, agents, and business partners harmless from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your alleged violation of this Agreement; your alleged use or misuse of the Site or the Content, and/or any products and services available on or via the Site; any information, feedback, suggestions, ideas, content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; any dealings between you and any third parties relating to the Site; your violation of applicable laws or regulations; or your Ads materials.
MyCollect maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if MyCollect is made aware of the possibility of damage before such damage occurs.
17. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against MyCollect on an individual basis in arbitration, as set forth in this Section 17 (the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against MyCollect, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MyCollect by someone else.
(a) Agreement to Binding Arbitration Between You and MyCollect.
You and MyCollect agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and MyCollect, and not in a court of law.
You acknowledge and agree that you and MyCollect are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and MyCollect otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MyCollect each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(b) Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (except in connection with a dispute related to Ads you requested MyCollect to place on the Site, in which case such arbitration shall be administered in accordance with the AAA’s Commercial Arbitration Rules) (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1‑800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
(d) Location and Procedure.
Unless you and MyCollect otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MyCollect submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If MyCollect changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing MyCollect written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process or (b) by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MyCollect in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
18. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 17 or to any arbitrable disputes as defined therein. Instead, as described in Section 17, the Federal Arbitration Act shall apply to any such disputes. For any claim, dispute, or other legal proceeding not subject to the Arbitration Agreement, the claim or dispute shall be brought and litigated exclusively in the state or federal courts located in Los Angeles County, California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. California Consumer Rights Notice
Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this Site are MyCollect LLC, sometimes doing business as MyCollect, 17891 Cartwright Rd, Irvine, CA 92614, 949-679-4180. Complaints regarding the Site or requests to receive further information regarding use of this Site may be sent by e-mail to [email protected].
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
20. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MyCollect with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MyCollect with respect to such subject matter. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
You may not assign, delegate, transfer, or sublicense your rights or obligations under this Agreement. Any purported assignment, delegation, transfer or sublicense by you shall be ineffective and void. MyCollect may freely assign, delegate, transfer or sublicense any or all of our rights or obligations under this Agreement, without notice to you and without requiring your consent.
22. Notice and Procedure for Making Claims of Intellectual Property Infringement
MyCollect respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide MyCollect, in writing, the information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Please note that this procedure is exclusively for notifying MyCollect that your intellectual property rights have been infringed. MyCollect’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached via:
17891 Cartwright Rd
Irvine, CA 92614
If you knowingly misrepresent that material or activity on our Site is infringing, you may be liable for certain costs or damages.
MyCollect has a policy to, in certain circumstances, terminate the accounts of users who are repeat infringers of intellectual property rights or who are repeatedly charged with infringement of intellectual property rights.
23. Advertising Terms and Conditions
From time to time, MyCollect may allow you to place advertisements or sponsored posts (collectively “Ads”) on the Site. MyCollect can place, position and size Ads on the Site in its discretion, unless otherwise agreed to in writing by you and MyCollect. For Ads that are to be displayed for a specific period of time, MyCollect may deliver such Ads continuously or, at MyCollect’s option, intermittently for the requested duration. MyCollect makes no representations, warranties or covenants regarding what Content will be displayed in proximity to any Ad.
Ads may not promote: any products or services targeted to or originating from countries subject to trade embargoes or sanctions by the United States; the sale or resale of counterfeit goods; products or services that facilitate illegal, fraudulent, or misleading behavior; or obscene, offensive, or inappropriate products or services. Ads also may not be deceptive, false or misleading.
MyCollect has sole and absolute discretion in deciding whether to display an Ad on the Site, and whether to reject, modify, or remove any Ad at any time. You represent, warrant and covenant that your Ads shall comply with all applicable laws and regulations. In addition, you shall be solely responsible for any contests, sweepstakes, coupons or other promotions that you offer or promote in an Ad.
If you request to cancel or modify an Ad campaign, there may be a period of time between when you send your request and when MyCollect cancels or modifies such campaign. You are responsible for any payment obligations that accrue during this period.
MyCollect may, at its option, provide you with statistics related to your Ads. Any such statistics are offered “as-is”, as further detailed in Section 12; provided, however, that if you are paying for Ads on a cost per click basis, MyCollect shall make a commercially reasonable and good faith effort to accurately report statistics material to your payment obligations.
All provisions of these Terms shall survive termination or expiration of these Terms (to the extent permitted by law), except those provisions granting access to or use of the Site or the Services.
The failure of MyCollect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, or a breach of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between MyCollect and you solely as a result of these Terms or your use of the Site. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of the provisions of this Agreement.
26. Contact Information
If you have any questions, please contact MyCollect at [email protected].