Terms Of Service
IMPORTANT – PLEASE READ OUR TERMS OF USE AND
CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES, LIMITATIONS OF LIABILITIES, AND CLASS ACTION WAIVER AND MANDATORY
ARBITRATION PROVISIONS (SEE SECTIONS 13, 14, AND 15, RESPECTIVELY.
Welcome to our website. We are a leading retailer for
patriotic collectibles. We thank you for visiting our website and we hope you
enjoy our products and services.
Crimson Collectibles,
(“Crimson Collectibles,” “we,” or “us”) provides its website, Proud
Patriots, located at www.CrimsonCollectibles.com (together with all other
websites, mobile applications, and services operated on behalf of Crimson
Collectibles, the “Site”), to you, an individual user (“you”) for your
individual usage, subject to your acceptance of, and compliance with, the terms
and conditions set forth herein.
TABLE OF CONTENTS
1. Agreement
2. Changes
to these Terms
3. Privacy
and Security Disclosure
4. Intellectual
Property
5. User
Conduct
6. Account
Registration
7. Refunds
8. Automatic
Billing and Cancellation Policy
9. Trial
Offers
10. Payment
Methods
11. Social
Media
12. Copyright
Notice
13. Disclaimer
of Warranties
14. Disclaimer
of Liabilities
15. Dispute
Resolution by Mandatory Binding Arbitration and Class Action Waiver
16. Indemnification
17. Third-Party
Websites and Links
18. Testimonials,
Reviews, and Other Submissions
19. Electronic
Communications
20. Assignment
21. No
Waiver
22. No
Agency Relationship
23. Severability
24. Termination
25. Entire
Agreement
26. Questions
or Additional Information
Terms of Use & Conditions of Sale
1. Agreement
By accessing or using this Site, or placing an order
through the Site, you agree to be bound by our Terms of Use & Conditions of
Sale (“Terms”) and Crimson Collectibles’s Privacy Policy, which is expressly
incorporated into these Terms. If you do
not agree to these terms and conditions in their entirety, you are not
authorized to use the Site in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION
WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY
TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND
IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN
SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION
PROVISIONS IN SECTION 15 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
By using the Site and agreeing to these Terms, you
represent that you are at least the age of majority in your state or province
of residence. If you use the Site, you are affirming that you have the legal
capacity to enter into a binding contract with us, and have read this Agreement
and understand and agree to its terms.
2. Changes to these Terms
Crimson Collectibles reserves the right to update,
change, or replace any part of these Terms by posting updates and/or changes to
our Site. You can review the most
current version of these Terms at any time by visiting this page
(https://CrimsonCollectibles.com/policies/terms-of-service). It is your
responsibility to check this page periodically for changes. Your continued use of, or access to, the Site
following the posting of any changes constitutes your binding acceptance of
those changes. CRIMSON COLLECTIBLES MAY CHANGE THESE TERMS, IN WHOLE OR IN
PART, AT ANY TIME WITHOUT NOTICE.
3. Privacy and Security Disclosure
Crimson Collectibles’s Privacy Policy may be viewed at
https://CrimsonCollectibles.com/policies/privacy-policy. The Privacy Policy is hereby incorporated
into these Terms by reference and constitute a part of this Agreement. Crimson
Collectibles reserves the right to modify the Privacy Policy at its sole
discretion.
4. Intellectual Property
The Site and the content contained herein, as well as
all copyrights, including without limitation, the text, documents, articles,
products, software, graphics, photos, sounds, videos, interactive features,
services, links, user submissions (as defined in Section 18), third-party apps,
and any other content on the Site (collectively, “Content”) and the trademarks,
service marks and logos contained therein are the property of Crimson
Collectibles and its third-party licensors or providers. You may access and use
the Content, and download and/or print out copies of any content from the Site,
solely for your personal, non-commercial use. If you download or print a copy
of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You acknowledge that you do not acquire
any ownership rights by using the Site. Crimson Collectibles reserves all
rights not expressly granted in and to the Site.
The site may contain references to protected
trademarks and service marks of other parties, but Crimson Collectibles may not
specifically identity them as such.
Crimson Collectibles does not claim ownership in any such marks.
5. User Conduct
You may not use, copy, display, sell, license,
de-compile, republish, upload, post, transmit, distribute, create derivative
works or otherwise exploit Content from the Site to online bulletin boards,
message boards, newsgroups, chat rooms, or in other any manner, without our
prior written permission. Modification of the Content or use of the Content for
any purpose other than your own personal, noncommercial use is a violation of
our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site
and its services, you agree not to:
• Restrict
or inhibit any other visitor from using the Site, including, without
limitation, by means of “hacking” or defacing any portion of the Site;
• Use
the Site for any unlawful purpose;
• Express
or imply that any statements you make are endorsed by us, without our prior
written consent;
• Modify,
adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site;
• Disable,
damage or alter the functioning or appearance of the Site, including the
presentation of advertising;
• “Frame”
or “mirror” any part of the Site without our prior written authorization;
• Use
any robot, spider, site search/retrieval application, or other manual or
automatic device or process to download, retrieve, index, “data mine,”
“scrape,” “harvest” or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents;
• Harvest
or collect information about visitors to the Site without their express
consent;
• Send
unsolicited or unauthorized advertisements, spam, chain letters, etc. to other
users of the Site; or
• Transmit
any Content which contains software viruses, or other harmful computer code,
files or programs.
6. Account Registration
In order to access some of the services of the Site,
you will be required to create an account. By creating this account you agree
to the following:
• You
may only maintain a single account;
• You
may never share your account user name or password or knowingly provide or
authorize access to your account;
• You
may never use another user’s account without permission;
• When
creating your account, you must provide accurate and complete information;
• You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure;
• You
must notify us immediately of any breach of security or unauthorized use of
your account; and
• You
will be liable for any use made of your account or password and the losses of
Crimson Collectibles or others due to such unauthorized use. We will not be
liable for your losses caused by any unauthorized use of your account.
Crimson Collectibles has the right, in its sole
discretion, to cancel your subscription or suspend your access to the Site.
7. Refunds
Return Policy For Currency Products And Bobbleheads:
If you are not 100% satisfied with your purchase you can return it for a full
refund within 30 days of purchase by emailing
"support@CrimsonCollectibles.com". Be sure to identify your order
with your order number, receipt, or invoice along with ample information about
your concern with your order.
Return Policy For Jewelry and Clothing: If you receive
a damaged or incorrect order, you can return it for a full refund within 60
days of purchase by emailing "support@CrimsonCollectibles.com". We DO
NOT offer refunds on orders that are incorrect based on customer input or wrong
sizing. Make sure to double-check that your order is correct.
8. Automatic Billing and Cancellation Policy
Some of Crimson Collectibles’ products are provided on
a subscription basis. Your subscription
will automatically renew at the then-current rate for the subscribed service
plus applicable shipping and handling, until you notify us of your decision to
terminate your subscription. Most subscriptions will renew of one-month terms,
regardless of the offer under which that subscription started.
By allowing the renewal to proceed, you have provided
your electronic authorization for future charges against the card that you have
on file. You further agree that your
subscription fee(s) will be billed automatically at the beginning of each
renewal period at the then-current rate (plus shipping and handling and sales
tax, if applicable) to the credit card(s) you have on file. If you have more than one card on file, the
first card will be used. If you have
more than one credit card on file, and one or more credit cards has expired, we
will use the unexpired credit card.
Crimson Collectibles reserves the right to immediately
terminate a user’s account and/or service for any unpaid (in whole or part)
period of the subscription (with or without notice). Termination of service in no way relieves or
excuses you from any obligation to pay outstanding charges or expenses.
You may cancel your subscription(s) at any time prior
to the renewal term. To cancel your
membership, please send an email to support@CrimsonCollectibles.com.
9. Trial Offers
Some of Crimson Collectibles’ products are offered on
a 60 -day trial basis. You understand and agree that you can cancel this trial
at any time within the first 60 days and you will not be charged. You also
understand and agree that if you decide not to cancel the trial within the
first 60 days, that you will automatically be enrolled for the subscription of
that product and will be billed the cost of the subscription until you cancel.
10. Payment Methods
All charges are in U.S. Dollars. We accept U.S. issued
credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
1. The
address the card’s statement is sent to (billing address);
2. The
card number and expiration date; and
3. The 3
or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment
information to us, you represent and agree that: (i) you are fully entitled to
use that card or account; (ii) if you choose a subscription-based purchase,
that you will pay all payments for your subscriptions by the date due; (iii)
all payment information provided is complete and accurate; (iv) you will be
responsible for any credit card fees; and (v) that sufficient funds exist to
pay us the amount(s) due.
We and our third party payment service providers may
request, and we may receive, updated credit card information from your credit
card issuer, such as updated card numbers and expiration date information when
your credit card has expired. If such updated information is provided to us and
our third-party payment service providers, we will update your account
information accordingly, and will use such updated information to process
payments for your subscription(s) if you signed up for subscription(s). Your
credit card issuer may give you the right to opt out of providing vendors and
third-party payment service providers with your updated credit card
information. If you wish to opt out of your credit card’s updating service, you
should contact your credit card issuer.
We are not responsible for any fees or charges that
your bank or credit card issuer may apply. If your bank or credit card issuer
reverses a charge to your credit card, we may bill you directly and seek
payment by another method including a mailed statement.
11. Social Media
This section applies to everyone who interacts with
our social media presence, including comment sections, feeds, and other
elements of social media presence viewable on Facebook, Instagram, Twitter,
YouTube, Google+, LinkedIn, or any of the many other available external third
party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public
information exchange, and you should have no expectation of privacy when using
them. Specifically, neither these Terms nor our Privacy Statement apply to our
Social Media Presence. The sites and platforms that host our Social Media
Presence are not controlled by us and therefore have their own privacy policies
and terms of use. The comments and opinions expressed by users on social media
are theirs alone and do not reflect the opinions of Crimson Collectibles.
Comments that some would consider inappropriate or offensive may appear on our
Social Media Presence and may remain there until they have been identified by
us or called to our attention and we are able to work through the necessary
procedures and technical processes to have them removed. If you see an
offensive or inappropriate post or comment on our Social Media Presence, you
should report it to the operator of the applicable site or platform using the
procedures they have established for that purpose.
12. Copyright Notice
The Site maintains specific contact information
provided below, including an e-mail address, for notifications of claimed
infringement regarding materials posted to this Website. All notices should be
addressed to the contact person specified below (our agent for notice of
claimed infringement):
Notification of Claimed Infringement:
Crimson Collectibles, Email Address: Support@CrimsonCollectibles.com
You may contact our agent for notice of claimed
infringement specified above with complaints regarding allegedly infringing
posted material and we will investigate those complaints. If the posted
material is believed in good faith by us to violate any applicable law, we will
remove or disable access to any such material, and we will notify the posting
party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the
Digital Millennium Copyright Act requires that you include the following
information: (i) description of the copyrighted work that is the subject of
claimed infringement; (ii) description of the infringing material and
information sufficient to permit us to locate the alleged material; (iii)
contact information for you, including your address, telephone number and/or
e-mail address; (iv) a statement by you that you have a good faith belief that
the material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law; (v) a statement by you,
signed under penalty of perjury, that the information in the notification is
accurate and that you have the authority to enforce the copyrights that are
claimed to be infringed; and (vi) a physical or electronic signature of the
copyright owner or a person authorized to act on the copyright owner’s behalf.
Failure to include all of the above-listed information may result in the delay
of the processing of your complaint.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY
LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL,
REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)
THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C)
ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS
IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE
THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY
LAW, IN NO EVENT SHALL CRIMSON COLLECTIBLES OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS,
AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR
A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS
OF WHETHER CRIMSON COLLECTIBLES HAS HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF
USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF
LIABILITY SET FORTH ABOVE, CRIMSON COLLECTIBLES IS FOUND LIABLE UNDER ANY
THEORY, CRIMSON COLLECTIBLES’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE
LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL
CLAIMS, REGARDLESS OF WHETHER CRIMSON COLLECTIBLES WAS AWARE OF OR ADVISED IN
ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution by Mandatory Binding
Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER
PROVISION CAREFULLY. IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH CRIMSON COLLECTIBLES AND LIMITS THE MANNER IN WHICH YOU
CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY
CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND
BINDING CONFIDENTIAL ARBITRATION. YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT
TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY
BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE)
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU
FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT
REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON
AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING
INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE
TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
General
Arbitration is a manner of resolving a “Claim” without
filing a lawsuit. “Claim” means any dispute between you, Crimson Collectibles,
or any involved third-party relating to your account, your use of the Website,
your relationship with Crimson Collectibles, these Terms, or the Privacy
Policy. This includes any and all claims that relate in any way to your use or
attempted use of the products, and any act or omission by Crimson Collectibles
or any third-party related to your use or attempted use of the products. You,
Crimson Collectibles, or any involved third-party may pursue a Claim. Crimson
Collectibles agrees to final and binding confidential arbitration should it
have any Claims against you. Likewise, you agree to final and binding
confidential arbitration should you have any Claims against Crimson
Collectibles. By agreeing to arbitrate,
you waive the right to go to court and agree instead to submit any Claims to
final and binding confidential arbitration. You further agree that all claims
must be arbitrated on an individual basis and not on a class basis, only
individual relief is available, and that claims of more than one customer
cannot be arbitrated or consolidated with those of any other customer. This
arbitration provision sets forth the terms and conditions of our agreement to
final and binding confidential arbitration and is governed by and enforceable
under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a
representative action for public injunctive relief pursuant to California’s
Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition
Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law
(Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class
basis, (b) in the event that the foregoing clause is deemed invalid or
unenforceable, a representative action for public injunctive relief pursuant to
California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.),
Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or
False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be
brought in the state or federal courts on a class
basis, and (c) any claims other than for public injunctive relief must be
arbitrated on an individual, non-class basis as otherwise set forth in this
Section.
Exceptions
Notwithstanding the foregoing, and as an exception to
final and binding confidential arbitration, you and Crimson Collectibles both
retain the right to pursue, in small claims court, any claim that is within
that court’s jurisdiction and proceeds on an individual (non-class) basis,
including overdue account matters within the small claims court’s jurisdiction.
Crimson Collectibles will not demand arbitration in connection with any
individual claim that you properly file and pursue in a small claims court, so
long as the claim is and remains pending in that court. The following claims
shall not be subject to final and binding arbitration and must be adjudicated
only in the state or federal courts: (i) an action
by Crimson Collectibles relating to the infringement or validity of our
proprietary rights, including without limitation, trademarks, service marks,
trade dress, copyrights, trade secrets, or patents; or (ii) an action by
Crimson Collectibles for temporary, preliminary, or permanent injunctive
relief, whether prohibitive or mandatory, or other provisional relief, against
you for breach or threatened breach of this Agreement. You expressly agree to
refrain from bringing or joining any claims that are excluded from final and
binding arbitration pursuant to this subsection “b” in any representative or
class-wide capacity, including but not limited to bringing or joining any
claims in any class action or any class-wide arbitration. Small claims matters
may be filed in any small claims court with personal and subject matter
jurisdiction over the parties. For all other matters excluded from final and
binding arbitration by this subsection “b,” the parties consent to exclusive
jurisdiction and venue in the state and federal courts , and forever waive any challenge to said courts’ jurisdiction and
venue.
Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any
Claim against the other, we agree to first contact the other with a written
description of the dispute, which shall include all relevant documents and
information, and the proposed resolution.
Collectibles will contact you by letter at the billing address you provided to
us or at the email address you provided to us. You agree to negotiate with
Crimson Collectibles or its designated representative in good faith about your
problem or dispute. If for some reason the dispute is not resolved within 60
days after receipt of the written dispute, we agree to the dispute resolution
provisions below. Notwithstanding the foregoing or any other term of this
arbitration agreement, we will have the right to seek injunctive or other
equitable relief in state or federal court to
enforce these Terms or prevent an infringement of a third party’s rights or our
intellectual property rights, as stated in subsection “b” above. You hereby
expressly consent to, and forever waive any challenge to, the exclusive
personal jurisdiction and venue of said courts in such actions.
Commencing Arbitration
You and Crimson Collectibles agree to commence any
arbitration proceeding within 1 year after the Claim arises (the 1 year period
includes the required pre-dispute procedures set forth above) and that any
arbitration proceeding commenced after 1 year shall be forever barred.
We each agree that any and all Claims other than those
exempted under subsection “b” above shall be submitted to final and binding
confidential arbitration before a single arbitrator of the American Arbitration
Association (“AAA”). Either party may commence the arbitration process by
submitting a written demand for arbitration with the AAA, and providing a copy
to the other party, within the time period set forth in subsection “d” above.
The arbitrator shall be selected by agreement of the parties or, if the parties
cannot agree, chosen in accordance with Rules of the AAA. The arbitration will
be conducted in accordance with the provisions of the AAA’s Commercial Dispute
Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes,
in effect at the time of submission of the demand for arbitration. The AAA’S
Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator
shall have the exclusive and sole authority to resolve any dispute relating to
the interpretation, construction, validity, applicability, or enforceability of
these Terms, the Privacy Policy, and this arbitration provision. The arbitrator
shall have the exclusive and sole authority to determine whether any dispute is
arbitrable. The arbitrator shall have the exclusive and sole authority to
determine whether this arbitration agreement can be enforced against a
non-signatory to this agreement and whether a non-signatory to this agreement
can enforce this provision against you or Crimson Collectibles.
Fees
Payment of all filing, administration and arbitrator
fees will be governed by the AAA’s Rules.
Governing Law and Award
The arbitrator shall follow the substantive law of the
Any award
rendered shall include a confidential written opinion and shall be final,
subject to appeal under the FAA. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.
Enforceability
This provision survives termination of your account or
relationship with Crimson Collectibles, bankruptcy, assignment, or transfer. If
the class action waiver is deemed unenforceable (i.e., unenforceability would
allow arbitration to proceed as a class or representative action), then this
entire arbitration provision shall be rendered null and void and shall not
apply. If a portion of this arbitration provision (other than the class action
waiver) is deemed unenforceable, the remaining portions of this arbitration
provision shall remain in full force and effect.
Miscellaneous
Failure or any delay in enforcing this arbitration
provision in connection with any particular Claim will not constitute a waiver
of any rights to require arbitration at a later time or in connection with any
other Claims except all Claims must be brought within the 1 year limitation
period set forth above. This provision is the entire arbitration agreement
between you and Crimson Collectibles and shall not be modified except in
writing by Crimson Collectibles.
Amendments
Crimson Collectibles reserves the right to amend this
arbitration provision at any time. Your continued use of the Website, purchase
of a product on or through the Website, or use or attempted use of a Crimson
Collectibles product, is affirmation of your consent to such changes. Should
the changes to this arbitration provision be material, Crimson Collectibles
will provide you notice and an opportunity to opt-out. Your continued use of
the Website, purchase of a product on or through the Website, or use or
attempted use of a Crimson Collectibles product or service, is affirmation of
your consent to such material changes.
YOU UNDERSTAND
AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING,
FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS
ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE,
USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER
COMES FIRST) BY WRITING TO US AT Crimson Collectibles, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU
PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 60 DAYS AND THE DATE YOU FIRST
PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS
HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST
PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS
AGREEMENT. Should either party file an
action contrary to this provision, the other party may recover attorney’s fees
and costs up to $1000.00.
16. Indemnification
To the fullest extent permitted by law, you agree to
indemnify, defend, and hold harmless Crimson Collectibles, its affiliates
(including without limitation all affiliated professional entities),
subsidiaries, and their directors, officers, employees, contractors, licensors,
suppliers, representatives, proprietors, partners, shareholders, servants,
principals, agents, predecessors, successors, assigns, accountants, and
attorneys from and against any claims, actions, losses, liabilities, damages,
expenses, demands, and costs of any kind, including, but not limited to,
reasonable attorneys’ fees, arising out of, resulting from, or in any way connected
with or related to (1) your breach of these Terms, the documents they
incorporate by reference, or the Agreement; (2) your breach of any
representations or warranties in this Agreement; or (3) your violation of any
law or the rights of a third-party.
17. Third-Party Websites and Links
Our Site may include materials from third-parties or
links to third-party websites. Crimson Collectibles is not liable for any
third-party materials or 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.
18. Testimonials, Reviews, and Other Submissions
Crimson Collectibles may use testimonials and/or
product/service reviews, in whole or in part, together with the name and
state/country of the person submitting it. Testimonials may be used for any
form of advertising relating to Crimson Collectibles’ products or services, in
printed and online media, as Crimson Collectibles determines in its absolute
discretion. Testimonials represent the unique experience of the customers
submitting the testimonial, and do not necessarily reflect the experience that
you may have using our products or services.
Anything that you submit or post to the Website and/or
provide us, including without limitation, photographs, testimonials, ideas,
know-how, techniques, questions, reviews, comments, and suggestions
(collectively, “User Submissions” or simply, “Submissions”) is and will be
treated as non-confidential and nonproprietary, and we shall have the
royalty-free, worldwide, perpetual, irrevocable and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and
create derivative works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. You represent and warrant that you are the owner or have
sufficient rights to share the Submissions with us. All Submissions shall automatically become
our sole and exclusive property and shall not be returned to you.
Additionally, Crimson Collectibles reserves the right
to correct grammatical and typing errors, to shorten testimonials prior to
publication or use, and to review all testimonials prior to publication or use.
Crimson Collectibles shall be under no obligation to use any, or any part of,
any testimonial or product/service review submitted. If you submit a
testimonial, you are confirming that you have read, understood and agree to
these Terms. If you disagree with any part of these Terms, do not submit a
testimonial.
19. Electronic Communications
You agree that we may communicate electronically with
you and that such communications, as well as notices, disclosures, agreements,
and other communications that we provide to you electronically, are equivalent
to communications in writing and shall have the same force and effect as if
they were in writing and signed by the party sending the communication.
20. Assignment
You may not assign any of your rights under these
Terms, and any such attempt will be null and void. Crimson Collectibles and its affiliates may,
in their individual discretion, transfer, without further consent or
notification, all contractual rights and obligations pursuant to these Terms if
some or all of Crimson Collectibles’ business is transferred to another entity
by way of merger, sale of its assets or otherwise.
21. No Waiver
No waiver by Crimson Collectibles of any term or
condition set forth in these Terms shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure by Crimson Collectibles to assert a right or provision under
these Terms shall not constitute a waiver of such right or provision.
22. No Agency Relationship
No joint venture, partnership, employment, or agency
relationship exists between you and Crimson Collectibles as a result of your
receipt of any Crimson Collectibles product, your use of any Crimson
Collectibles Service, or use of the Site.
23. Severability
In the event that any provision of these Terms 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 Terms.
Such determination shall not affect the validity and enforceability of any
other remaining provisions.
24. Termination
In the event that we terminate this Agreement,
Sections 1-26, as well as any representations, warranties, and other
obligations made or taken by you, shall survive the termination of this
Agreement.
25. Entire Agreement
These Terms, the Agreement, and any policies or
operating rules posted by us on the Website or in respect to the Website
constitutes the entire agreement and understanding between you and Amplify, and
supersedes and replaces any prior or contemporaneous agreements. Any
ambiguities in the interpretation of these Terms or the Agreement shall not be
construed against the drafting party.
26. Questions or Additional Information
If you have any questions regarding your account,
subscription services, or these Terms, please email Support@CrimsonCollectibles.com
for assistance.
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SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS
Proud Patriots (hereinafter, “We,” “Us,” “Our”) is
offering a mobile messaging program (the “Program”), which you agree to use and
participate in subject to these Mobile Messaging Terms and Conditions and
Privacy Policy https://CrimsonCollectibles.com/policies/privacy-policy (the
“Agreement”). By opting in to or participating in any of our Programs, you
accept and agree to these terms and conditions, including, without limitation,
your agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.
1. User
Opt In: The Program allows Users to receive SMS/MMS mobile messages by
affirmatively opting into the Program, such as through online or application-based
enrollment forms. Regardless of the opt-in method you utilized to join the
Program, you agree that this Agreement applies to your participation in the
Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with your
opt-in, and you understand that consent is not required to make any purchase
from Us. While you consent to receive messages sent using an autodialer, the
foregoing shall not be interpreted to suggest or imply that any or all of Our
mobile messages are sent using an automatic telephone dialing system (“ATDS” or
“autodialer”). Message and data rates may apply. Message frequency varies.
2. User
Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the
Program. You may receive an additional mobile message confirming your decision
to opt out. You understand and agree that the foregoing options are the only
reasonable methods of opting out. You acknowledge that our text message
platform may not recognize and respond to unsubscribe requests that alter,
change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands,
such as the use of different spellings or the addition of other words or
phrases to the command, and agree that Proud Patriots and its service providers
will have no liability for failing to honor such requests. You also understand and agree that any other
method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
3. Program
Description: Without limiting the scope of the Program, users that opt into the
Program can expect to receive messages concerning the marketing, promotion,
payment, delivery and sale of digital and physical products, services, and
events. Messages may include checkout reminders.
4. Cost
and Frequency: Message and data rates may apply. You agree to receive messages
periodically at Our discretion. Daily, weekly, and monthly message frequency
will vary. The Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your interaction with Us.
5. Support
Instructions: For support regarding the Program, text “HELP” to the number you
received messages from or email us at support@CrimsonCollectibles.com. Please
note that the use of this email address is not an acceptable method of opting
out of the program. Opt outs must be submitted in accordance with the
procedures set forth above.
6. MMS
Disclosure: The Program will send SMS TMs (terminating messages) if your mobile
device does not support MMS messaging.
7. Our
Disclaimer of Warranty: The Program is offered on an "as-is" basis
and may not be available in all areas at all times and may not continue to work
in the event of product, software, coverage or other changes made by your
wireless carrier. We will not be liable for any delays or failures in the
receipt of any mobile messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless service provider/network
operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile
messages.
8. Participant
Requirements: You must have a wireless device of your own, capable of two-way
messaging, be using a participating wireless carrier, and be a wireless service
subscriber with text messaging service. Not all cellular phone providers carry
the necessary service to participate. Check your phone capabilities for
specific text messaging instructions.
9. Age
Restriction: You may not use or engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging
with the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18)
and have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with
the Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited
Content: You acknowledge and agree to not send any prohibited content over the
Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous,
threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination on the basis of
race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan
horses, or other harmful code;
- Any product, service, or promotion that is unlawful
where such product, service, or promotion thereof is received;
- Any content that implicates and/or references
personal health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health Information
Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable
Law in the jurisdiction from which the message is sent.
1. Dispute
Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge Inc. d/b/a Postscript or any other
third-party service provider acting on Our behalf to transmit the mobile
messages within the scope of the Program, arising out of or relating to federal
or state statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim, or controversy will be, to the fullest extent permitted by
law, determined by arbitration in Orlando, FL before one arbitrator.
The parties agree to submit the dispute to binding
arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) then in effect. Except as otherwise provided
herein, the arbitrator shall apply the substantive laws of the Federal Judicial
Circuit in which Proud Patriots’s principal place of business is located,
without regard to its conflict of laws rules. Within ten (10) calendar days
after the arbitration demand is served upon a party, the parties must jointly
select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the dispute. If
the parties do not agree on an arbitrator within ten (10) calendar days, a
party may petition the AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator shall decide
the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree
that the AAA’s rules governing Emergency Measures of Protection shall apply in
lieu of seeking emergency injunctive relief from a court. The decision of the
arbitrator shall be final and binding, and no party shall have rights of appeal
except for those provided in section 10 of the FAA. Each party shall bear its
share of the fees paid for the arbitrator and the administration of the
arbitration; however, the arbitrator shall have the power to order one party to
pay all or any portion of such fees as part of a well-reasoned decision. The
parties agree that the arbitrator shall have the authority to award attorneys’
fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each party
hereby waives any right to seek or recover punitive damages with respect to any
dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION
PROCEEDING. Further, unless both parties agree otherwise in a signed writing,
the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor
the arbitrator may disclose the existence, content, or results of any
arbitration without the prior written consent of both parties, unless to
protect or pursue a legal right. If any term or provision of this Section is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of
this Section or invalidate or render unenforceable such term or provision in
any other jurisdiction. If for any reason a dispute proceeds in court rather
than in arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.
13. Miscellaneous: You warrant and represent to Us
that you have all necessary rights, power, and authority to agree to these
Terms and perform your obligations hereunder, and nothing contained in this
Agreement or in the performance of such obligations will place you in breach of
any other contract or obligation. The failure of either party to exercise in
any respect any right provided for herein will not be deemed a waiver of any
further rights hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless
explicitly stated otherwise in writing. We reserve the right to change this
Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By continuing
to participate in the Program after any such changes, you accept this Agreement,
as modified.
Anti-Spam Policy: In the context of electronic
messaging, spam refers to unsolicited, bulk or indiscriminate messages,
typically sent for a commercial purpose. We provide a facility that enables
users to send email messages / private messages to others. Users must not use
this facility to send unsolicited, bulk, or indiscriminate messages, whether or
not for commercial purposes. Receipt of unwanted messages from our company: In
the unlikely event that you receive any message from us or sent using our
systems that may be considered to be spam, please contact us by using the
details below and the matter will be investigated."