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Terms of Use

Last updated: December 30, 2024

TERMS OF USE

Ladder Studios, Inc. (“LSI”, “We,” or “Us”) offer the Card Ladder website and mobile application (collectively, the “Site”), and the information, materials, services, and other content available on or through the Site (collectively, “Content”), subject to these Terms of Use (these “Terms”).

BEFORE USING THE SITE OR CREATING A CARD LADDER ACCOUNT, YOU SHOULD CAREFULLY READ THESE TERMS. By creating a Card Ladder Account (“Account,” as described further below) or otherwise using the Site, you agree to be bound by the Terms. If you do not agree to the Terms, then you should not create or use an Account or otherwise use the Site or access any Content. Should you object to any of the Terms, or any subsequent modifications, or become dissatisfied with any Content, your sole remedy is to discontinue use of the Site and properly cancel your Account in accordance with these Terms.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND LSI HAVE AGAINST EACH OTHER ARE RESOLVED. READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; AND (II) A PROVISION REQUIRING BINDING ARBITRATION OF DISPUTES BETWEEN US, FORECLOSING RESOLUTION THROUGH OTHER MEANS INCLUDING CLASS ACTIONS AND/OR JURY TRIAL (See the Dispute Resolution and Arbitration section below for applicable terms).

LSI reserves the right to update and make changes to the Terms at any time by updating this posting or providing notice to you electronically or as otherwise permitted under applicable law. Updates and changes take effect when LSI posts them, unless LSI specifies an effective date in our notice to you. Your continued access to or use of your Account, the Content and the Site after any updates and/or changes indicates your acceptance to the Terms as modified. It is your responsibility to periodically visit this page and review the Terms for updates.

SUBSCRIPTIONS

Card Ladder Account: In order to access all features of the Site, you must have a valid Card Ladder Account (“Account”). You can create an Account by logging into the Site using your unique credentials, either (1) your email address and unique password, or (2) identity credentials from a service authorized by Card Ladder (e.g., Google SSO or Apple ID). For your Account to remain valid, you must at all times (1) own and control the email address and/or identity credential associated with Your Account, (2) use your Account for your own personal lawful purposes, and (3) refrain from creating multiple Card Ladder Accounts under separate credentials or otherwise obscuring your true identity in relation to any Account. LSI reserves the right to revoke any Account privileges and/or terminate your Account, at any time, without refund, if you use the Site in violation of these Terms.

Monthly Subscription: By purchasing a one-month recurring subscription to the Site (a “Monthly Subscription”), you agree that your Account with the site will be charged initial and recurring Monthly subscription fees at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges on your Account until you cancel your subscription or LSI otherwise terminates your Monthly Subscription. You may cancel your Monthly Subscription at any time. The initial fee will be processed after the 7-day "free-trial" is complete. You may cancel your subscription at any time before the 7 days to avoid any charge. After that, your recurring Monthly Subscription fee will be processed automatically on the monthly anniversary date that the "free-trial" ended and will automatically renew on each monthly anniversary date thereafter.

Annual Subscription: By purchasing a one-year subscription to the Site (an “Annual Subscription”), you agree that your Account will be charged initial and recurring Annual subscription fees at the then-current Annual Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Annual Subscription at any time. The initial fee will be processed after the 7-day "free-trial" is complete. You may cancel your subscription at any time before the 7 days to avoid any charge. After that, your recurring Annual Subscription fee will be processed automatically on the 1-year anniversary date that the "free-trial" ended and will automatically renew on each annual anniversary date thereafter.

As the context requires, an Annual Subscription or Monthly Subscription may be referred to in these Terms as a “Subscription.”

Fees & Payments:

By purchasing a Subscription, you authorize LSI to charge your payment method upon enrollment and again at each renewal for the Subscription fee amount and any applicable taxes, until you cancel or amend such Subscription in accordance with these Terms. You further authorize us to store your payment method information for this purpose and to retain it on file as a payment method you may authorize for purchase of other LSI Content or services. The service fees, prices, rates, and charges we charge are listed with the applicable services or Subscription level, and exclude applicable taxes. We may change our fees from time to time by posting the changes with the applicable subscription level in accordance with these Terms and applicable law, but may not provide advance notice for temporary promotions or any changes that result in the reduction of fees. UNLESS YOU NOTIFY US BEFORE A RECURRING CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND THAT YOUR SUBSCRIPTION FOR SERVICES WILL AUTOMATICALLY CONTINUE AT THE APPLICABLE TIER LEVEL AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW) TO CHARGE THE PAYMENT METHOD WE HAVE ON FILE FOR YOU TO COLLECT THE THEN-APPLICABLE FEE.

If the details of your selected payment method change, the issuer of your payment method may provide us with updated details that we may use to charge your fees in order to help prevent any interruption to your benefits. If the eligible payment method we have stored for you declines our charge for Subscription fees, we may immediately (1) suspend all benefits and privileges of your Subscription, and/or (2) terminate your Subscription. If you provide a new eligible payment method and are successfully charged, your membership and benefits will be reactivated and your new membership period will be based on the date of the successful change. Your membership tier will remain the same unless you expressly select otherwise. We reserve the right to terminate your benefits at the end of your applicable membership term if we are unable to successfully charge an eligible payment method.

NO INVESTMENT ADVICE

The Content is for informational purposes only. LSI does not provide the Site, any Content or other material for the purposes of providing professional, legal, tax, investment, financial, or other advice. To the extent you are using the Site or any Content for the purposes of making financial or investment decisions, LSI encourages you to consult a financial and tax advisor.

All Content on this site is information of a general nature and does not address the circumstances of any particular individual, entity, item, or market. LSI does not independently review, and does not warrant as to the fitness for particular purpose (or lack thereof) or condition of any individual item shown within the Content. LSI is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold LSI, its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.

INVESTMENT RISKS

There are risks associated with buying, selling, trading, or holding sports cards and trading cards. The risks include, without limitation, risk of loss of financial investment or loss of intrinsic value. All Content is provided at a single point in time and is subject to change at any time. A sports or trading card’s past financial performance or market value is not a guarantee of future financial performance or market value.

THIRD PARTY LINKED SITES

As a convenience to you, LSI may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks, you will be leaving the LSI site. Because LSI has no control over such sites or their content, LSI is not responsible for the availability of such external sites or their content, and LSI does not adopt, endorse nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Site or Content with or without LSI’s authorization. LSI does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. LSI may, in its sole discretion, block links to the Site and Content without prior notice.

YOUR USE OF THIRD-PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.

SITE AND CONTENT NOT WARRANTED

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. LSI MAKES NO GUARANTEES OR WARRANTIES AS TO THE AVAILABILITY OF THE SITE. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE. LSI AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS, AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.

In accordance with the disclaimer above, LSI may, at any time and without notice to you, make changes to the Content, the Site, or other LSI services, and restrict or amend the scope of your access thereto. LSI may further interrupt access to the Content or the operation of the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes.

While LSI tries to maintain the integrity and security of the Site and the servers from which the Site is operated, LSI does not guarantee that your Account, the Site or Content is or remains secure, complete or correct, or that access to the Site or Content will be uninterrupted or error free. If you become aware of any unauthorized third party alteration to the Site or Content, contact LSI at [email protected] with a description of the material(s) at issue and the URL.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT IS TO STOP USING THE SITE AND CONTENT. LSI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INTRINSIC OR SENTIMENTAL VALUE, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LSI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE YOUR ACCOUNT, THE SITE, OR CONTENT. IT IS YOUR RESPONSIBILITY TO KEEP YOUR ACCOUNT SECURE.

NOTICES, COMMUNICATIONS, PRIVACY, AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement that you transmit on or through the Site or any other aspect of LSI’s services that you access by computer or other electronic device, including internet, telephonic and wireless devices. You further agree to receive communications from LSI solely through electronic transmission. Personal information you provide in connection with your Account or use of the Site is subject to the Card Ladder Privacy Policy. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

USE/OWNERSHIP OF CONTENT

You are permitted to use your Account, the Site and Content for your personal, non-commercial use only. The Site and Content are and shall remain the property of LSI and are protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws. When using the Site and Content you must keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by LSI in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, de-compile or dissemble, all or any part of the Site or Content.

Trade names, trademarks and service marks of LSI include, without limitation, the word mark “Card Ladder” and any associated Card Ladder logos included on the Site. All trademarks, service marks and other intellectual property rights contained on the Site not owned by LSI are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LSI’s or any third party’s trade names, trademarks, service marks or intellectual property rights without LSI’s or such intellectual property holder’s, as applicable, express prior written consent.

To the extent you post any text, images, or other content on the Site (collectively, “User Content”), you hereby grant LSI and its affiliates an irrevocable, perpetual, royalty-free, fully paid-up, sublicensable, worldwide right and license to use such User Content for any purposes. You hereby represent, warrant, and covenant that any User Content does not and will not infringe, misappropriate or otherwise violate any rights of any third party, including intellectual property rights.

TERMINATION

LSI, in its sole discretion, may terminate your Account and/or your access to or use of the Site and Content, without refund, at any time and for any reason. YLSI shall not be liable to you or any third party for any termination of your access to your Account, the Site or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination. You may cancel your Account at any time by visiting the link available here. https://app.cardladder.com/account. At this link, click “Manage Subscription” and follow the instructions to cancel your account after clicking “Manage Subscription” to continue with cancellation of your Account.

RULES OF CONDUCT

Your use of your Account, the Site and Content is conditioned on your compliance with these Terms, as well as the additional rules of conduct set forth below. Without limiting anything contained in these Terms or otherwise communicated to you in writing, you will not:

  • Access or use the Site or Content for any fraudulent or unlawful purpose.
  • Post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability.
  • Interfere with or disrupt the operation of the Site or Content or the servers or networks used to make the Site and Content available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site or Content (including without limitation by hacking or defacing any portion of the Site or Content).
  • Use the Site or Content to advertise or offer to sell or buy any goods or services without LSI’s prior express written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Content.
  • Modify, adapt, reverse engineer, or de-compile/disassemble any part of the Site or Content.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or Content.
  • Frame or mirror any part of the Site or Content without LSI’s express prior written consent.
  • Populate a database by systematically downloading and storing Content and/or Site data.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
  • Encourage others to violate any of these rules of Conduct or the Terms.

MONITORING

LSI has the right, but no obligation, to monitor content posted on the Site by users to determine compliance with the Terms, any other operating rules established by LSI or the Site, and to comply with any law, regulation, or authorized government request.

INDEMNIFICATION

By accessing and using the Site and Content, you agree to indemnify, defend and hold harmless LSI, its affiliates, and its and their respective officers, directors, owners, partners, employees, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms or (b) your use of or activities in connection with the Site or Content. LSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without LSI’s prior written approval.

DISPUTE RESOLUTION AND ARBITRATION

Please read this section carefully—it affects your rights.

By accepting these Terms, you and Collectors Holdings, Inc. through its various divisions and affiliate entities, including LSI, (“Collectors Entities”) each agree to the terms and conditions of this dispute resolution process and arbitration agreement. That means you are agreeing to resolve any and all disputes with the Collectors Entities or claims and/or causes of action against Collectors Entities (“Claims”) through binding arbitration or small claims dispute procedures (unless you opt out) and agreeing to waive your rights to a jury trial and to participate in any class action suit. Additional terms and conditions governing a dispute between Collectors Entities, including disclaimers of certain warranties, limitations of liability, your indemnification obligations, and governing law are set out in separate sections in these Terms.

To expedite resolution of disputes and control related costs, you and the Collectors Entities agree that any past, present, or future legal or equitable Claims will be resolved as follows.

YOU AND THE COLLECTORS ENTITIES EACH AGREE THAT, EXCEPT AS DISCUSSED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE PRIVACY POLICY, YOUR USE OF THE SITE, OR YOUR RELATIONSHIP WITH ANY OF THE COLLECTORS ENTITIES WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. You and the Collectors Entities each agree that this agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution process. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages as a court.

Your right to opt out of the Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE DATE YOU BECOME BOUND BY THIS AGREEMENT (the “Opt-Out Deadline”). If you do not wish to be bound by this Arbitration Agreement, you must timely notify the Collectors Entities by sending an email to [email protected] and providing the following information in your email: (1) your name; (2) your address; (3) your phone number, and (4) a clear statement that you wish to opt out of this Arbitration Agreement. Any opt-out notice received after the Opt Out Deadline will not be valid and you will be required to pursue any claim in arbitration or small claims court.

If you opt out of the Arbitration Agreement under the terms provided above, you and the Collectors Entities agree to resolve all disputes in the state and federal courts located in Orange County, California.

Informal resolution. The Collectors Entities will first try to resolve any Claim informally. You and the Collectors Entities agree to negotiate to resolve your claim in good faith. You agree that you may not start a formal proceeding for at least 60 days after you notify the Collectors Entities of a Claim in writing, consistent with the Notice and Demand requirements below.

If you intend to file a demand for arbitration, in order to give the Collectors Entities an opportunity to informally resolve your claim, you must first send the Collectors Entities, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to Card Ladder Arbitration, Attn: Collectors Legal Department, 1610 E. St. Andrew Pl., Santa Ana, California 92705. If you and the Collectors Entities do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon the Collectors Entities’ denial of your Claims, you or the Collectors Entities may start an arbitration by filing a Demand for Arbitration (“Demand”), as set forth below, or start small claims court proceedings.

Formal resolution. If the Collectors Entities cannot resolve a Claim informally, then either you or the Collectors Entities may seek to formally resolve any Claim by starting arbitration or small claims proceedings under the following agreed procedure and rules.

To begin arbitration, you must send a Demand to the Collectors Entities and to the American Arbitration Association (“AAA”). You and the Collectors Entities agree that any and all Claims will be submitted to final, binding, and confidential arbitration before the AAA under its Consumer Arbitration Rules and Commercial Arbitration Rules, as applicable to a particular dispute (“AAA Rules”). Where any of the AAA rules conflict with the terms of this arbitration agreement, however, the terms of this agreement will control. This agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after this agreed dispute resolution procedure went into effect.

This agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive, or declaratory relief, and all claims arising under any federal or state statute, rule, or regulation. ARBITRATION MEANS THAT YOU AND THE COLLECTORS ENTITIES WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE COLLECTORS ENTITIES EACH UNDERSTAND THAT ARBITRATION IS A DISPUTE-RESOLUTION PROCESS THAT IS DIFFERENT FROM FILING A LAWSUIT IN COURT AND THAT BY AGREEING TO SUBMIT ALL CLAIMS TO ARBITRATION, YOU AND THE COLLECTORS ENTITIES ARE EACH GIVING UP THE RIGHT TO FILE A LAWSUIT AND THE RIGHT FOR A JURY TO DECIDE SUCH CASE. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS ABOVE.

You and the Collectors Entities agree that Claims submitted to arbitration will be decided in a single arbitration before a single arbitrator. The arbitrator will be selected using the following procedure: (1) the AAA will send the parties a list of five candidates; (2) if the parties cannot agree to select an arbitrator from that list of five, then within 14 days, each party will return its list to the AAA striking up to two candidates and ranking the remaining candidates by order of preference, (3) the AAA will appoint as arbitrator the candidate with the highest preferred ranking on an aggregated basis; and (4) if for some reason appointment cannot be made under this procedure, the AAA will have discretion to appoint an arbitrator of its choosing.

One of the Collectors Entities will pay or reimburse all AAA filing, administration, and arbitrator fees. If, however, the Arbitrator finds that either the substance of your Claim or the relief sought in the Demand was frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA rules. An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees. For claims under $75,000 as to which you provided Notice and negotiated in good faith before starting an arbitration, if the arbitrator finds you are the prevailing party in the arbitration, then you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, the Collectors Entities agree not to seek recovery of its attorneys’ fees from you even where it might otherwise be permitted under applicable law.

If the Claims asserted in any request or demand for arbitration could have been brought in small claims court (e.g., for Claims that do not exceed the jurisdictional limit of small claims court), then either you or the Collectors Entities may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.

Class action waiver. YOU AND THE COLLECTORS ENTITIES AGREE THAT FOR ANY PROCEEDINGS, WHETHER BROUGHT IN ARBITRATION OR COURT, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND THE COLLECTORS ENTITIES WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. You and the Collectors Entities agree that Claims of two or more persons may not be joined or consolidated in the same arbitration unless arising from the same transaction. Furthermore, you and the Collectors Entities agree that neither you nor the Collectors Entities may pursue claims in arbitration as a class or collective action, private attorney general action, or other representative action. The arbitrator shall have the authority to award relief only on an individual basis. The AAA Rules for Class Actions will not apply to such arbitration. If you opt out of this dispute resolution process and arbitration agreement as described above, this class action waiver will not apply to you. Neither you, nor any other individual, can be a class representative or class member in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

Jury trial waiver. If a Claim proceeds in court rather than arbitration, YOU AND THE COLLECTORS ENTITIES EACH STILL WAIVE ANY RIGHT TO A JURY TRIAL.

Severability. If any part of this dispute resolution process and arbitration agreement is held invalid and unenforceable, then that part may be severed from the rest of the agreement. You and the Collectors Entities agree that any ruling by an arbitrator or court allowing any claimant to seek relief for other persons in a representative capacity would be contrary to your and the Collectors Entities’ intent and would require immediate judicial review. If the Collectors Entities believe that any Claim you have filed in arbitration or in court is inconsistent with the class action waiver, then you agree that the Collectors Entities may seek an order from a court determining whether your claim is within the scope of this class action waiver.

GOVERNING LAW

Except as otherwise expressly stated in these Terms, your relationship with LSI or its affiliates, and use of the Site and access to any Content, will be governed by construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any principles or conflicts of laws.

MISCELLANEOUS

The terms and provisions in these Terms (and other terms referenced herein, as applicable), constitute the entire agreement between LSI and you (and any third party for whom you may be acting) regarding the Site and the Content and supersede all prior agreements and understandings (written or oral) between or among such parties relating thereto (with the exception of any written agreement between you and LSI). If any term or provision of the Terms is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other terms or provisions of these terms and conditions. Your rights and obligations under these Terms may not be assigned or transferred without the prior written consent of LSI. Each party shall execute and deliver such additional documents and instruments as any other party may request to better evidence or effectuate the agreements contained herein, including the assignment of rights set forth herein, and procedures, and further agree that LSI is entitled to rely upon and benefit from those terms and procedures.

CONTACT

For questions about these Terms or the Site, please reach out to [email protected]