User Agreement / Terms of Service

INTRODUCTION
1. This User Agreement is between you the user (“you” or “User”) and Check Out My LLC (“us,” “our,” or “COMC”). This User Agreement (also referred to as the "Terms of Use", "TOS", and "Agreement"), and all policies and additional terms posted on and in our web sites, applications, tools, and services (collectively "Services"), and any other agreements between you and us regarding any Services, set out the terms on which COMC offers you access to and use of our Services. If you are accessing and using our Services on behalf of a company or business ("Company"), you, by your acceptance to these Terms of Use, hereby represent and warrant that you are authorized to bind the Company and that you are accepting the User Agreement on the Company's behalf. You agree to comply with all of the terms of this User Agreement when accessing or using our Services. Additional terms and conditions displayed on the COMC.com website at www.COMC.com now or in the future, or as provided to you otherwise, become part of this agreement by reference.
  PLEASE READ ARTICLE VII (DISPUTE RESOLUTION) CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMC HAVE AGAINST EACH OTHER ARE RESOLVED.
2. COMC.com provides a proprietary online system that allows registered users to, among other Services:
  1. buy, trade, exchange, list, and sell items for store credit with COMC.com (“Store Credit”) or for money;
  2. have items shipped to third-party graders to be graded and authenticated;
  3. ship items to COMC.com to be scanned and stored in a safe, insured, climate-controlled facility;
  4. set trade values for their items;
  5. trade for items offered by other users; and
  6. have traded items shipped to you or to other users.
3. If you are not a registered user, you may use the Services only to buy items using money. For everything else, you must be a registered user with an Account. Registered and unregistered users are subject to this Agreement equally.
  In addition, COMC.com may provide, in our sole discretion, information to you about items listed on COMC, including, but not limited to, the following: suggested retail price, suggested listed price, suggested whole sale price, and past sales data. This additional information is provided to you for informational purposes only. You use the information provided at your own risk, and we recommend that you conduct independent research before listing, buying, or trading any items via the Services. Included in the limitation on liability in Article VI below, is that COMC will have no liability to you whatsoever out of your use of the Services, which includes for any goods bought or sold above or below market value.
GENERAL PROVISIONS
1. You understand that the technical processing and transmission of the Services, including your material and information you provide to us, may involve (a) transmissions over various computer and mobile telephone networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Services are reliant on infrastructure over which COMC has no control, and COMC cannot and will not be liable for anything caused by a disruption in such infrastructure.
2. You acknowledge that we reserve the right, in our sole discretion with or without notice, to temporarily or permanently change the Services, User Agreement, usage rules, and/or the general business practices.
3. In connection with the Services, you agree to abide by the terms of this Agreement, all applicable laws, not use the Service for any unlawful purpose, and not violate any other persons' rights. This includes abiding by the laws of Washington, the laws of your home state, United States Federal law, and any other applicable laws or regulations.
4. COMC has sole discretion over how and whether to enforce the terms of this Agreement. When an issue arises with or between users, we may take into account any history either party has and the circumstances of the dispute in determining the application of our policies, including these TOS. We may, in our sole discretion, choose to be more lenient with policy enforcement in an effort to find a fair and equitable resolution. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion. COMC may make the final decision with regard to any dispute regarding this Agreement, the Services, or with or between Users, and COMC’s decision will be binding on all parties involved.
5. Stolen, fraudulent, and counterfeit items are not permitted on COMC. COMC is not required to, and as a general practice will not, inquire into or substantiate the ownership or legitimacy of any items submitted to COMC. However, if COMC has reason to believe or suspect that any items submitted to COMC are stolen, fraudulent, counterfeit, or otherwise have issues concerning their ownership or legitimacy, COMC may, in its sole discretion, de-list any such items and return them to the original consignor of the item, to the last address associated with such person in COMC’s records, and at such person’s sole expense, and suspend or terminate any Accounts associated with such person. Furthermore, if we learn that you sent us stolen, fraudulent, or counterfeit items, we may require you to pay for, including by charging any Store Credit you hold, losses suffered by other users as a result of such stolen, fraudulent, or counterfeit items. Any disputes between users and non-users concerning the ownership or legitimacy of any items sent to or sold from COMC must be handled directly between the parties to that dispute; COMC is not required to adjudicate any such disputes. In case of any such dispute, COMC may, in its sole discretion, de-list any such items and return them to the original consignor of the item, to the last address associated with such person in COMC’s records, and at such person’s sole expense. In case of any returns, we may also require, including by charging any Store Credit you hold, you to pay for our reasonable costs and expenses, including employee and contractor time, involved in responding to the dispute or prohibited activities and returning the items.
USER ACCOUNTS
1. Account Set Up, Password, Security and Responsibilities
  1. Account Set Up: As discussed above, you will need an account to use certain features of the Services (an “Account”). In order to create an Account, you will be asked to provide a user name, email address, and password for your Account (the “Credentials”). COMC will then send you an account activation email and ask you to provide your first and last name or identify any company or other entity that will own the Account, gender, and birthdate, and ask you if you are interested in buying, selling, or trading, how many cards you are potentially interested in sharing, a default shipping address, and a telephone number. Next, you will be required to read and accept the terms of this Agreement. COMC may approve or reject your Account for any reason, or ask for additional information before making a determination. You may not provide false or misleading information during the Account creation process.
  2. One Account Per User: Unless COMC provides its prior, written consent, each user can only have one Account.
  3. Your Account: If accepted by COMC, the Credentials you selected will then provide access to the Services through the login section on the home page of COMC.com.
  4. Your Account Security: You are responsible for maintaining the confidentiality and security of your Credentials.
  5. Your Account Responsibilities: You are fully responsible for all activities that occur under your Account, including without limitation the following activities: item postings; setting the sales price of items; acceptance of offers; sales; and purchases.
    1. We cannot and will not be liable for any loss or damage arising from your failure to comply with your security and use obligations. You agree to be solely responsible for such loss or damage.
    2. We are not responsible for the transfer of legal ownership of items from seller to buyer. You agree to be solely responsible for any steps necessary to transfer legal ownership of items you sell to a buyer.
    3. You agree to immediately notify us, in writing, of any unauthorized use of your Credentials or Account, or of any other breach of security. Within a reasonable time after receiving written notice of any such unauthorized use of your Account, we will disable the Account.
    4. In the event that you notify us in writing of any such unauthorized use, you shall still be responsible for all activity on your Account, except for activity which occurs after we have acknowledged that the Account has been disabled.
    5. You will only conduct business for yourself through your Account, and you will not allow others to conduct their business through your Account.
  6. Privacy and Use of Your Account Information: We will use reasonable efforts to keep your information and content you provide during registration confidential. See the COMC.com privacy policy for more details on how information is collected, received and stored in connection with your use of our Services: https://www.comc.com/privacy.
  7. Account Ownership: The Account will be owned by the person or business named during the registration process, and from COMC’s perspective any items held in an Account will be considered owned by the owner of the Account. An account for a business must be identified as such and must be registered in the name of the business. Personal accounts should not be used for a business’s activities, and business accounts should not be tied to a personal email.
  8. Accounts Not Assignable: User Accounts are not property and are not assignable, licensable, leasable, or otherwise transferrable in any way. If you allow anyone to use your Account, you are ultimately responsible for their actions. We are not able to reverse any transactions completed via the Services.
  9. Registration Maintenance and Potential Cancellation and Termination: We reserve the right, at any time without prior notice, and at our sole discretion, to deny or cancel your access to the Services, including suspending or terminating your Account. You acknowledge that we have the right, in our sole discretion, to delete, disable or suspend your Account and/or any postings or transactions at any time for any reason, including without limitation for any violation of this User Agreement, any other policies and rules on COMC.com, and/or other laws or regulations. If we terminate your Account, we will return all items we are holding in the Account, at your cost and expense, to the address associated with the Account. We will also pay you out your Store Credit at the rate listed on our website at the time of the termination (see seller rates page), after deducting any shipping and other expenses involved in returning your items, including our employees’ time in collecting and shipping your items.
2. Submissions; Listings.
  1. Submission Process; Price. You shall pay all shipping costs for shipping items between yourself and COMC, regardless of whether an item is being exhibited, sold or returned.
  2. Declined Submissions. We reserve the right to reject a submission or refuse to exhibit or to sell any item for any reason whatsoever. Additional information can be found on the COMC Supported Cards page, which is hereby incorporated by reference. If you send us items we are unable to process, they will be added to your account as Declined Items and we may, in our discretion, charge reasonable processing fees for such items (for example if you submit numerous items that must be declined and which require significant time or effort on our behalf to process or store) or return them to you, at your cost and expense (which we may take by deducting the cost from your Store Credit). You may add Declined Items to any shipment request to have those items returned to you, at your cost and expense. We will notify you at the email address associated with your Account, or via physical mail delivered to a physical address associated with your Account, if any, of any Declined Items. If you fail to pay applicable processing fees for Declined Items (including if you have an insufficient balance of Store Credit to pay such fees) for 30 days then we will issue a notice of abandonment to the email address associated with your Account, or via physical mail delivered to a physical address associated with your Account, if any. If you fail to pay all accrued processing fees and fail to pay to have the Declined Item shipped back to you within 60 days after our notice, then we will consider the Declined Item(s) abandoned, and may dispose of it in accordance with applicable law, in accordance with Section VI. The terms pertaining to submission of stolen, fraudulent, or counterfeit items are in Section II.B.
  3. Insurance and Warranty Disclaimer. COMC will maintain insurance, at its own expense, covering risks of physical loss or damage to items while stored by COMC (e.g., from fire and flood), subject to usual and standard insurance conditions and exclusions (each covered loss, an “Insured Loss”). Except as expressly provided for as an Insured Loss under this Agreement, COMC will not be liable for any loss or damage unless such loss or damage results from COMC or its partner’s negligence or willful misconduct. No unforeseeable events (i.e., force majeure) outside of COMC or its partner’s control will be covered unless expressly provided for in this Agreement. Insured Losses for items purchased on COMC will be measured by the price the user paid for the item on COMC. Insured Losses for items tendered via submission to COMC will be measured by the lesser of 1) any item value provided with the submission (to the extent supported by sufficient evidence) or 2) the market value (as determined by COMC’s insurers). Insurance coverage for items will commence once the item is entered into COMC’s systems and will remain in full force until the item has been withdrawn or fulfilled from COMC. In the event of an Insured Loss, owners of items consigned with COMC will be compensated in line with the insurance principles outlined above and COMC’s total liability will be limited to the amount of the insurance proceeds. Any claim for loss will only be paid out upon item owner’s full cooperation with the underlying insurance claim, including proof of actual damages and/or item value. Actual damages are limited to Insured Losses described in this section. Any claim made without full cooperation will not be paid.
  4. Accuracy of Listings. We use our best efforts to accurately identify and list all items on COMC. However, we will have no liability whatsoever for any inaccuracies. We may update listings at any time, in our sole discretion.
PURCHASES AND USER OBLIGATIONS
1. Purchases.
  1. Review Listings. You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy. COMC is not responsible for verifying the ownership or legitimacy of any items listed on COMC.
  2. Binding Legal Contract. When you buy, commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted), you enter into a legally binding contract with the seller to purchase that item.
  3. No Title Transfer. We do not take legal ownership of items or transfer legal ownership of items from the seller to the buyer. All transfer of title and other legal ownership occurs between the buyer and seller.
2. User Obligations. In using the Services you agree to:
  1. provide accurate and verified information to the Services, including, without limitation, information concerning your name, contact information, and other information needed in connection with registration, items, sales, purchases and any information potentially material to a transaction or the operation of the Services;
  2. not commit fraudulent and/or misleading conduct, representations or other activity, including that you will not impersonate any persons, businesses, or entities;
  3. not take any actions intended to or that could unfairly manipulate the pricing, selling, or trading process;
  4. not interfere with other users’ use of the Services;
  5. timely respond to reasonable requests for information;
  6. not contact other users directly to potentially conclude, outside the System, transactions for items posted within the Services;
  7. not violate any other person's intellectual property rights, including without limitation, their patents, trade secrets, trademarks and/or copyrights;
  8. not allow unauthorized persons to use the Services through your Account and/or Credentials;
  9. comply with these TOS, all other agreements and policies on COMC.com, and all applicable laws and regulations; and
  10. not take, encourage, or contribute to any activities that could, in COMC’s sole discretion, cause reputational harm to COMC or our affiliates.
  Among the other reasons why COMC may suspend or terminate your Account or use of the Services, COMC may suspend or terminate your Account or use of the Services if COMC believes you have violated any of the obligations in this Section IV.B.
COMC.COM STORE CREDIT, FEES, and COMMISSIONS
1. COMC allows you to use Store Credit you have purchased into your Account, earned through sales, or otherwise acquired to pay fees and to list and trade items. Store Credit may be purchased online (see Store Credit page) at a price determined by us.
2. Store Credit may be redeemed online (see seller rates page) on terms determined by us.
3. If we believe there is any fraudulent, unlawful, or suspicious activity concerning the Store Credit in your Account, we may cancel, suspend or otherwise limit your Account or your access to the Services, upon which your right to use the Services, including your access to the Store Credit, will immediately cease.
4. We may obtain fees from transactions that are completed through the Services. We may charge maintenance and storage fees to keep items in our system. Our current fees may be reviewed at our seller rates page. We may change fees charged by posting changes on COMC.com.
VI. TERMINATION; ABANDONED PROPERTY
1. In addition to the reasons specifically listed in this TOS, COMC may suspend or terminate your Account or access to the Service for any reason, without any liability to you whatsoever. If we terminate your Account, we will return all items associated with the Account to you, at your expense and to the address currently associated with the Account. We will also pay you out your Store Credit at the rate listed on our website at the time of the termination (see seller rates page), after deducting any shipping and other expenses involved in returning your items, including our employees’ and contractors’ time in collecting and shipping your items.
2. If you abandon any items on COMC, after COMC attempts to reach you for a reasonable period of time, of at least 90 days, COMC may dispose of any such abandoned items, in accordance with the terms of this Section VI. For the purposes of this agreement, examples of abandoned items include: (i) items for which you are no longer paying any applicable COMC fees, after notice from us of your failure to do so; (ii) items that COMC is unable to return to you on account of you not having an up-to-date address associated with your Account; (iii) where you are a buyer and an item sent to you from COMC is sent back to COMC as undeliverable, including as having the wrong address; and (iv) where you submit an item for auction and it does not receive a minimum bid. Once an item is abandoned, COMC may charge reasonable processing fees for such items (for example, for time or effort on our behalf to process or store the items) or return them to you, at your cost and expense (which we may take by deducting the cost from your Store Credit). If we are unable to return the items to you because of insufficient store credit, we will notify you, at the email address associated with your Account, or via physical mail delivered to a physical address associated with your Account, if any, of your abandoned item(s) and of any processing fees that will be incurred. If you fail to pay all accrued processing fees and fail to pay to have the abandoned item(s) shipped back to you within 30 days after our first notice we will send you a second notice. If you fail to pay all accrued processing fees and fail to pay to have the abandoned item(s) shipped back to you within 60 days after our second notice, then we will consider the abandoned item(s) finally abandoned, and may dispose of it in accordance with applicable law.
3. YOU HEREBY EXPRESSLY RELEASE US FROM ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO ANY PROPERTY YOU ABANDON WITH US, INCLUDING ANY TRESPASS TO OR CONVERSION OF CHATTEL CLAIMS, BREACH OF CONTRACT CLAIMS, AND ANY OTHER CLAIMS, REGARDLESS OF LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT YOU KNOW OF SUCH CLAIMS AS OF THE EFFECTIVENESS OF THIS AGREEMENT, AS OF YOUR SUBMISSION OF THE APPLICABLE ITEMS, OR AS OF THE ABANDONMENT THEREOF, AND EXPRESSLY AGREE THAT WE MAY, WITHOUT ANY LIABILITY TO YOU WHATSOEVER, DISPOSE OF ANY ABANDONED PROPERTY IN ANY WAY PERMITTED UNDER APPLICABLE LAW.
NO WARRANTY FROM COMC, RELEASE OF LIABILITY, AND DAMAGE LIMITATIONS
1. No Warranty of User Content, Users, Items, or Contracts:
  1. Pursuant to this Agreement and others like it, we simply facilitate retail item transactions between users, including facilitating communications between users about items. AS SUCH, UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING, WE DO NOT AND CANNOT VERIFY, EVALUATE, WARRANT OR GUARANTEE (EXPRESS, IMPLIED OR OTHERWISE):
    1. the performance or availability of the Services;
    2. the accuracy of any user content, user information and/or user representations;
    3. the condition of items;
    4. that you will make any money from buying and selling on COMC;
    5. the contractual performance, attributes and/or reliability of users; and/or
    6. a user’s performance of obligations of user contracts formed by use of the Services.
  2. No Warranty of the Services: WE PROVIDE THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR FREE ACCESS OR USE.
  3. No Responsibility for User Breach of Sales Contracts: We cannot warranty, guarantee, or be responsible for any breach by users of sales agreements formed by use of the Services. We are not party to and cannot enforce such agreements.
2. Limitation of Liability; Release of COMC: UNLESS EXPRESSLY STATED IN THIS AGREEMENT: (A) COMC WILL HAVE NO LIABILITY TO YOU WHATSOEVER ARISING OUT OF YOUR USE OF THE SERVICES, WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, OR FORESEEN OR UNFORESEEN; AND (B) YOU (AND ALL USERS) HEREBY RELEASE US FROM ANY AND ALL LIABILITY FOR ANY DAMAGES YOU MAY CLAIM RESULT FROM YOUR USE OF THE SERVICES. MORE SPECIFICALLY, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE YOUR RIGHTS (IF ANY) TO RECOVER FROM COMC, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, AND AFFILIATES ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES (AND CLAIMS THEREOF), WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, OR FORESEEN OR UNFORESEEN, WHICH MAY BE CAUSED BY, ARRIVE FROM OR BE RELATED TO YOUR USE OF THE SERVICES.
3. No Unforeseeable Damages: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMC BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SALE, DISTRIBUTION, USE OF (OR THE INABILITY TO USE) ANY ITEM BOUGHT OR SOLD IN THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISPUTE RESOLUTION
1. Choice of Law and Forum: The TOS and the relationship between you and COMC will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and COMC agree to submit to the personal and exclusive jurisdiction of the courts and/or arbitrators located within the county of King, Washington.
2. Agreement to Arbitrate
  1. You and COMC each agree that any and all disputes or claims that have arisen, or may arise, between you and COMC (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of COMC or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.
  2. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (“FAA”), and to the extent not inconsistent with the FAA, the laws of the State of Washington, without regard to principles of conflict of laws, governs the interpretation and enforcement of this agreement to arbitrate.
  3. YOU AND COMC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and COMC’s right to appeal the court's decision. All other claims will be arbitrated.
  4. Arbitration: In the event that a dispute arises between the parties to this Agreement that relates in any way to or arises out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of COMC or its agents, or any products or services sold, offered, or purchased through our Services, you and COMC hereby agree that the dispute shall be referred to the American Arbitration Association (“AAA”) office in Seattle, Washington for arbitration in accordance with the AAA’s then current commercial Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. The costs and fees of the arbitration shall be awarded to the prevailing party. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fees for having to compel arbitration, defend or enforce the award.
3. Opt-Out Procedure. IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO CHECK OUT MY LLC, ATTN: LEGAL DEPARTMENT, RE: OPT-OUT NOTICE 6727 - 185TH AVE NE, REDMOND, WA 98052, UNITED STATES.
4. You must complete the Opt-Out Notice by providing your name, address (including street address, city, state and zip code), and the Credentials and email address(es) associated with your Account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
5. Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against COMC prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and COMC. We will notify you of amendments to this agreement to arbitrate by posting the amended terms on COMC.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your Account within the 30-day period and you will not be bound by the amended terms.
INDEMNITY
1. You agree to indemnify, defend, and hold COMC, and our subsidiaries, affiliates, owners, officers, agents, co-branders or other partners, contractors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party against COMC or the indemnified parties listed above, due to or arising out of your use of the Services, including without limitation, any violations by you of the TOS, the purchases/sales terms or agreements reached through the Services, and/or any rights of another, and out of your breach of this Agreement, any other agreement between you and COMC, and/or any applicable law. Upon request you will provide us with a reasonable advance payment for such defense and indemnification.
INTELLECTUAL PROPERTY RIGHTS
1. You have only a license to access the Services, and then only if you are a user in good standing as determined solely by COMC. All rights and interests in the Services, its technology, its trademarks and service marks, software, copyrights, and know-how related to the Services is the sole property of COMC. Under no circumstances shall you claim any ownership rights to the Services, or to any of our technology, images, data, trademarks or service marks, software, copyrights, or know-how.
2. “COMC.com,” “COMC,” “CheckOutMyCards,” “Check Out My LLC” and other names, slogans, and logos used in connection with the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. They may not be used without our express written prior consent.
3. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials, information and/or software provided to you during the Services, in whole or in part, is strictly prohibited.
4. You (and other users) expressly grant to us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sublicensable, license to use, display, edit, copy, modify, distribute, display, store, and prepare derivative works of the information and/or materials, whether physical or digital, which you and other users submit to COMC (both during the User Registration Application and through use of the Services). You acknowledge that when you submit information and/or materials, whether physical or digital, to COMC that we will image and otherwise collect and record certain data pertaining to such information and materials and that COMC will own all right, title, and interest in and to such images and data, including all copyright in and to such images and data.
5. By submitting items to COMC in association with the Services, you represent that you are the legal owner of those items, or that you otherwise have the rights to submit, use, and/or copy those items, and to sell or otherwise dispose of those items, and that our use of the items in any way will not infringe the intellectual property or other proprietary rights of any third party.
INFRINGEMENT POLICY
1. Infringement Policy. We will remove user content posted to the Services if we believe in good faith that the user content ‎is infringing a copyrighted work. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
  1. Identification of the copyrighted work you believe to have been infringed.
  2. Identification of the material on the Services you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  3. Adequate information by which we can contact you (including your name, address, telephone number, and email address).
  4. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the written notice is accurate.
  6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  7. Your physical or electronic signature.
  Our copyright contact to receive DMCA Notices is:
  Attn: Legal Department
  Check Out My LLC
  6727 - 185th Ave NE
  Redmond, WA 98052
  staff@comc.com
  If you fail to comply with all of the requirements above, your DMCA Notice might not be effective.
  Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
2. Counter Notification Procedures. If you believe that material you posted on the Services was removed by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notice to our copyright contact above. The Counter Notice must include substantially the following:
  1. An identification of the material that has been removed and the location of the Services at which the material appeared before it was removed.
  2. Adequate information by which we can contact you (including your name, address, telephone number, and email address).
  3. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed.
  4. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside of the United States, for any judicial district in which we may be found) and that you will accept service from the person (or an agent of that person) who provided us with the applicable DMCA Notice.
  5. Your physical or electronic signature.
  The DMCA requires us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you (the alleged infringer) within ten business days of receiving the copy of your Counter Notice.
  Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees).
3. Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Services users who are repeat infringers.
GENERAL PROVISIONS
1. Waiver and Severability of Terms: The failure of COMC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
2. No Agency: The relationship between you and COMC is that of customer and services provider, and as such, neither party is, nor may either party represent itself as, an employee, agent, partner, franchisee or joint venturer of the other. This Agreement is not authority for you to act for COMC in any way.
3. Entire Agreement: This TOS, and all documents and agreement referenced herein, available on the website www.COMC.com, and any other written agreements entered into between yourself and COMC, constitutes the entire agreement regarding your use of the Services, and supersedes any prior or contemporaneous agreements, understandings, or communications regarding the Services.