MEMBER TERMS OF SERVICE AGREEMENT
Effective Date: April 3, 2024
Overview
Welcome to Beckett Collectibles, LLC (“Beckett”, “we”, “our” or “us”) and its affiliates, subsidiaries, and divisions (collectively, “Affiliates”) , is your in-person and online collectibles grading source. Your use of our Beckett.com website or those of our Affiliates (collectively, “Website”) and our Services (as defined below) is governed by these Terms of Service and our privacy policy (available at www.beckett.com/privacy , which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”) (collectively, “Agreement”). By accessing our Website, becoming a member or using our Services you (referred to as “Member”, “you” or “your”), expressly accept and agree to be bound by the terms and conditions of this Agreement .
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR THE SERVICES. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Sections 22-24 of this Agreement for more information.
We regularly update and improve our Website, and Services, and we may at times add, change, or remove features, and this Agreement may also need to change. The current version of this Agreement will be posted on our Website and will be effective immediately upon posting, provided, however, that any amendment or modification to the arbitration, class action wavier, waiver of jury trial, or any other provisions applicable to dispute resolution (see the “Dispute Resolution” section below) shall not apply to any Disputes arising prior to the applicable amendment or modification. You are encouraged to review the Agreement from time to time for any possible changes. You must discontinue use of our Website and Services if you do not agree to any terms of this Agreement.
Members can create personal account profiles online in order to reflect their passion for collectibles. The Services we offer include the Website and any other features, content, or applications offered from time to time by us in connection with the Website, as well as grading, authentication, and/or vaulting services, or any other services or offerings of Beckett which may change from time to time (collectively, the “Services”). Our Website and Services are not intended for commercial use. The features and tools are structured and developed for the individual collector and their personal collections. If you wish to utilize our Services for commercial purposes, such as to start your own collectibles business, please contact us at ecommerce@beckett.com for further information on becoming a Beckett Marketplace dealer. If you use our Website or Services for anything other than personal purposes, we do not guarantee access, functionality, or updating capability, and may revoke your access if you use the Website or Services for any purpose that might be detrimental to us, our Affiliates, other members, or is in violation of this Agreement.
1. Eligibility; Account Creation:
A. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information submitted is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and reside in a state, region, or country in which the Services may legally be provided; (d) you have not previously been suspended or removed from the Services; and, (e) use of the Services does not violate any applicable law or regulation. All required fields must contain true, accurate, current and complete information. If we believe that untrue, inaccurate, outdated, or incomplete information has been provided, we may immediately, and at their sole discretion, suspend your account without notice. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to invalidate your password and require you to change it if we believe it has become unsecure. We may reject any user name that violates this Agreement, including any user name that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your Member account profile to provide you with service messages and updates. By becoming a Member you are consenting to the receipt of these communications.
B. Use By Minors. We do not knowingly collect or solicit Personal Information from children under 18. If you under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us.
C. Personal Information. We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy, and which may be modified from time to time in our discretion, which modifications are effective as of the date posted on our Website. Your continued access or use of the Website or purchase or use of our Services indicates that you agree with such modifications.
D. Members are responsible for maintaining and updating their contact information, including, but not limited to, information in My Account: About Me, Contact Information, and Trade Settings (as applicable).
2. Online App Transactions and Subscriptions:
A. Your chosen terms will automatically renew unless auto-renew is cancelled in your subscription area 24 hours before the end of the current subscription. You can choose a different subscription offering in your device account settings, or tap Cancel Subscription to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle. Additional details on this are presented on our webform under “Online Subscription Terms and Conditions” when subscribing to our Online Price Guide or Organize services. Certain areas of the Services require payment before you can access them (“Subscriptions”). Subscriptions can be purchased by paying a periodic subscription fee. We will disclose to you the particular terms for any Subscription prior to collecting initial payment for any Subscription. When you register for a Subscription, you get access to the premium areas of our Website. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND WE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We may change the price for the Subscriptions, from time to time, by posting the new price on its Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Therefore, please make sure you carefully read any such notification of price changes.
3. Suspension of Account and/or Services:
A. Suspension. We may suspend your account and access to your account or the Service, with or without notice, if you violate any provision of this Agreement.
B. Suspension. We may immediately suspend or restrict access to your account or the Service, in whole or in part, with or without notice to you if: (a) we reasonably believe that you have violated any applicable law which may have a potentially adverse effect on us or other members; (b) we believe that providing access to the Website or advertising or offering the Services may violate any applicable law or regulation; (c) we reasonably believe that it is necessary to protect our servers, systems, infrastructure, data, or information or that of our third-party providers or other customers or users, from a denial of service attack, security breach, introduction of a virus or other malware, ransomware attack, or similar event; (d) requested or ordered by a law enforcement agency, government agency, or similar authority; or, (e) you fail to cooperate with us to investigate suspected violations of this Agreement. Upon removal, cessation or mitigation of the underlying cause for any of the above that occurs, we may resume providing access to the affected Service unless your account has been terminated.
4. Privacy Policy:
A. Our Privacy Policy is available for review at any time. Changes may be made by Beckett at any time and can be found at the link above. Check the Privacy Policy frequently for changes.
B. Unless otherwise authorized or consented, information regarding other Members or customers that has been obtained through our Website or otherwise disclosed by us or our Affiliates may not be used except to enter into and complete transactions. The use of such information by Members for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct is prohibited..
5. Disclosure of Information:
A. You acknowledge that we have the right to investigate and prosecute violations of this Agreement, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
B. You understand and agree that we may disclose your Personal Information if required or requested to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our Affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this Agreement (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
6. Account Security:
A. When Members register for an account, they will also be asked to choose a password. The safety and security of your information also depends on you. You should maintain good internet security practices. Where you have password-protected access to an account or certain parts of the Website or Services, you are responsible for keeping this password confidential. Please help keep your account safe by using a strong password, or, better yet, a strong pass phrase. You should not share your password with anyone. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or mobile device and browser by signing off after you have finished accessing your account. If your email account is compromised this could allow access to your account with us if you have given up those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. If you think that your account has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. The information you share in public areas may be viewed by other users. We will never email you to ask for your password or other account login information. If you receive such an email, please send it to us so we can investigate. You hereby release and forever discharge us and our Affiliates, subsidiaries, officers, directors, employees, and agents, and their respective successors and assigns, and you will indemnify, defend and hold us harmless, from and against any liability, claim, or cost (including attorneys’ fees), arising directly or indirectly from any failure by you to maintain the security of your email or other accounts that directly or indirectly results in an unauthorized third party having access to such email or accounts or causes us to transfer funds based on instructions purporting to have originated from you (i.e., “wire transfer fraud” or “business email compromise” events).
7. Investigation: We reserve the right, but assumes no obligation, to monitor any activity and content associated with our Website. We may investigate any complaints or reported violation of our policies and take any action that we deems appropriate, with or without notice to you. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from our Website, including listings and bids. We reserve the right and have absolute discretion, to remove, screen or edit any content that violates this Agreement or is otherwise objectionable. Member agrees that Beckett shall not be liable to Member for such loss or damages, in any circumstances, related to such investigation.
8. Fees: Membership to Beckett is free. A fee is required to participate in certain services through our Website, including, but not limited to, Organize, Online Price Guide subscriptions, and selling through the Trade system. Please review our help section available at beckett.com/help for information about any applicable fees. All online subscription fees are non-refundable. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change at any time, without notice. At our option, we may convert free membership and Services to paid Services. Please see our Help Section for any updated information. All fees are payable by Visa, MasterCard, American Express, or Discover credit or debit card or PayPal. By utilizing Services for which a fee may be charged, Member authorizes us to charge the credit or debit card on file for any fees due. All expired credit cards are subject to bank verification and will be charged accordingly. There may be additional terms and conditions and fees for certain Services, which will be described on the applicable submission or order form when you select the Service you wish to purchase.
9. Termination: You may terminate your membership at any time, for any reason, by contacting us at customerservice@Beckett.com . We, in our sole discretion, may terminate this Agreement, access to our Website or our Services, any Forum post (as described below), or any current sales or orders immediately without notice for any reason. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination.
10. Grading:
A. Please see the specific additional terms and conditions for grading services on the applicable submission form, which is incorporated by reference herein.
B. All fees paid to us are NON-REFUNDABLE once the order begins the grading process. If you would like their cards returned, ungraded, prior to the grading process being started, there will be a charge of $2 per card plus return shipping and insurance. Please note, cards showing evidence of counterfeiting, tampering, or restoration will be charged the full amount according to the service option selected as the determination to reject an item requires review by our graders and authenticators.
C. We shall have no liability whatsoever to the customer for any damage to or loss of any items that we can reasonably demonstrate occurred while not in our custody or control. However, if we determine your submitted item(s) was lost or damaged while in our possession, your sole and exclusive remedy will be compensation based upon the lower of (a) the fair market value of the submitted item(s) as determined by our standard procedures, which may include filing a claim with our insurance carrier, or (b) limited to any insurance purchased through the shipment carrier at the time of submission. The owner’s declared value is used for determining insurance cost of the return shipment and the maximum amount that can be claimed for damage or loss in shipment for any items. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM.
E. Subject to our confirmation that your declared value is reasonable and reflects the fair market value of the item(s) at the time of submission, such declared value will be used only for determining the insurance cost of the return shipment, and shall be the maximum amount that may be claimed for damage or loss during the return shipment of any item, regardless of any grade assigned by us to the item(s). Your failure to list a declared value on the submission form and/or purchase return shipment insurance will result in forfeit of any recovery.
A. We provide collectors with the finest, most thorough, consistent and accurate authentication efforts available in the industry. Occasionally an item may have a typographical error on the label. Upon receipt from us, you must inspect all items and report any damage or discrepancy to us within five (5) days of receipt. You agree to return any incorrectly described item to us upon request, and agrees to indemnify and hold harmless us and our Affiliates against all damages, losses, and expenses (including attorney’s fees) from any third-party claims based on the circulation or sale of a mismarked or inappropriate item or any unauthorized use of a Beckett certificate or label.
B. We will review any Beckett-Graded item(s) that you feel warrants a different grade. Additionally, we accept crossover submissions on items that have previously been graded by another third-party grading service. State a minimum grade, the lowest grade that you are willing to accept from us, we will review the card in its existing holder and will only remove and encapsulate it in a Beckett holder if it meets or exceeds the minimum grade. On occasion, a flaw may be completely hidden by the existing holder, and once cracked out, the card cannot be crossed, for which we will have no liability whatsoever. If the item doesn’t meet the minimum grade, it is returned to you in the original holder. All service fees are charged regardless of your item being crossed-over or receiving a grade bump.
C. In the ordinary course of its operations, we (i) compile data regarding each item submitted for authentication/grading, including, but not limited to, data relating to the identity, production, condition and grade of the item (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the authentication/grading services being provided by us, you, on behalf of yourself and any third party for whom you may be acting, hereby authorize us (i) to compile and maintain such Data with respect to each item submitted hereunder for authentication/grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that we will be the owner of such Data and all such Images and that we may use and exploit such Data and the Images for commercial and any other purposes, as we in our sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, you, on behalf of yourself and any third party for whom you may be acting with respect to this agreement, unconditionally and irrevocably transfers, conveys and assigns to Beckett any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that you or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
D. No Returns if Inadequate Payment or Information: For any item for which either full payment or current contact information is not received within three months from our receipt of the item (“Abandoned Item”), we will make a reasonable effort to contact you by email based on the contact information we have, but, if full payment and/or correct contact information is not received within such time, we will not be responsible for returning Abandoned Items. We can use, keep, destroy, discard, transfer, sell, donate, or give away Abandoned Items and retain any proceeds received from any disposition.
11. Trade:
A. Trade Services: We offer Members the opportunity to trade sports cards or other items with other Members (on the www.beckett.com/trade Website). A “Trade” is defined as a transaction (or offer to transact) in which each Member participating in the trade includes at least one item on their side of the offer. By entering into this Agreement and offering an item for sale or Trade, Member agrees to complete the transaction as described in this Agreement and comply with the Online Subscription Terms and Conditions (incorporated by reference herein) which are presented to you when submitting your subscription request. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable. Member agrees all necessary information will be provided upon completion of a transaction. Members are solely responsible for their interactions with other Members when using our Trade services. We reserves the right, but has no obligation, to monitor disputes between Members. Please note that when using our Trade services (available to subscribers only), some Personal Information may be displayed and may be viewed by potential buyers, sellers, or traders. This is information that the Member provides at his or her own risk.
B. Reservation of Rights:
i. We reserve the right to immediately halt any Trade, prevent or restrict access to our Website, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any counterfeit or unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
ii. We reserve the right, in its sole discretion, to identify at any time and from time to time particular goods or types of goods as inappropriate for participation as Trades, and you agree not to attempt to post any such restricted goods on the Website.
C. Trade Fee: No fees are applied for Trades where only items are included in the transactions. If a dollar amount is added to either side of the trade, a 5% fee will be applied to the dollar value and is paid by the recipient of the money.
D. Buy/Sell: Identified as a transaction in which a Member (“seller”) offers one (1) or more items in exchange for a specified dollar amount without any additional item(s) from another Member. A 5% fee will be applied to the dollar value of the Total Asking Price and is paid by the seller of the item(s). This fee is non-renewing and applies on a pay-per-use basis.
E. A valid credit card must be on file to sell on our Websiteand may be entered through the My Account, Payment Options tab. When utilizing Services for which a fee may be charged, Member authorizes us to charge the credit or debit card on file for any fees due. Fees are subject to change with or without notice and the most up-to-date fee information is available in the Help Section of our Website. All dollar values are listed and must be paid in U.S. dollars unless otherwise stated. No fees will be refunded upon account suspension, Member termination of transactions, or any other terminations of Trade services.
F. Restrictions: We offer a platform to facilitate third-party Members to complete buy, sell, or Trade transactions. We are not involved in the actual transaction and is not the agent of and has no authority for either for any purpose. The actual purchase contract is between the buyer and seller. Members are expressly prohibited from listing or describing any item, linking or posting any related materials, or purchasing any item that is or is alleged to be:
i. an infringement of any third-party intellectual property rights (including, but not limited to, copyrights, trademarks, patents, trade secrets), or other proprietary rights (including rights of publicity, privacy, moral rights);
ii. misappropriated, counterfeited, illegal, stolen, faked, or fraudulent;
iii. pornographic, derogatory, offensive or insensitive to any user’s religious beliefs, national origin, race or gender; or
iv. not lawful to offer for sale.
It is up to the Member listing the item to accurately describe the item for sale or trade. We cannot and do not know whether any listing is accurate, complete, misleading or deceptive or if the Member will perform as promised. As a Member, use of our Websiteand the Trade services are at your own risk. Always take due care in entering into any agreement with another Member.
We recommend the use of an escrow service and delivery confirmation for proof of delivery.
G. Transactions: Upon completion of a transaction, whether a trade or a sale transaction type, the Member is obligated to provide the item(s) or payment according to the agreed upon terms. By presenting an offer and completing a transaction, each Member represents and warrants that they have the right and ability to sell or otherwise deliver the item(s), that the item is not otherwise encumbered or claimed, in whole or in part, by another party, and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is no longer available, the seller must notify the buyer and promptly refund or return any payment or item(s) received. All Members agree to binding arbitration or mediation of disputes arising between two or more Members from the offer, purchase, sale, or trade of merchandise through a transaction via our Website.
H. Deliveries and Returns: Each Member in the transaction is responsible for establishing their own delivery and return policies, and assumes the risk of loss and title for such item(s) upon the delivery of the item(s) to the shipping carrier if an uninsured delivery option is chosen. Each Member agrees to indemnify and hold us and our Affiliates harmless for any loss incurred by any alleged damage or non-delivery of goods or other loss or damage. A Member who receives and processes payment, whether check, money order, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner.
I. Sales, Use, or Similar Taxes: It is the seller’s responsibility to determine whether sales, use, or similar taxes apply to each transaction. Member agrees to be solely responsible for the collection, reporting, and remittance of the correct tax to the appropriate tax authority. We shall not provide any guidance regarding whether sales, use, or similar taxes apply and we are not responsible to calculate, collect, report, or remit any sales, use, or similar taxes arising from any transaction and Member agrees to indemnify and hold us harmless from any claims for such taxes.
12. Becket Forums and Guidelines:
Our forums are a free benefit to members of our Website. If you are not a member JOIN HERE!
A. Using the forums on our Websitecan be informative, helpful and entertaining. People may receive support, learn about us, learn about the hobby, share their collecting interests, can find trade partners and make new friends around the world. The forums are intended to be a positive and enjoyable experience for everyone. To help make your experience more enjoyable, please read through the following forum guidelines.
B. Forum Guidelines
i.You agree, through your use of our forum service, that you will not use our forums to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although we DO NOT review the messages posted and is NOT responsible for the content of any of these messages, we reserve the right to delete any post, thread, image, profile, avatar, attachment, signature, or other content for any or no reason whatsoever.
ii.Messages posted to our forums by community members are solely the opinion and responsibility of the person posting the message. Please note that each individual Member is responsible for his or her actions on the forums, and remains solely responsible for the content of their posts. Member agrees to indemnify and hold harmless, us and our Affiliates, and their respective agents, successors and assigns, with respect to any claim based upon transmission of forum posts or messages.
iii.Members may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We may terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to us by the copyright owner or the copyright owner’s legal agent.
iv.DMCA Notice. If a Member believes that work has been copied and posted to a forum in a way that constitutes copyright infringement, they may provide the following information to our Copyright Agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Website;
d. your address, telephone number, and email address;
e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a notarized statement by you, made under penalty of perjury, that all information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for DMCA notice of claims of copyright infringement can be reached as follows: Copyright Agent, Beckett Collectibles, LLC, 2700 Summit Ave, Ste. 100, Plano, TX 75074.
v.Any violations of Beckett’s policies will result in immediate post removal, written warnings, board sanctions and/or total suspension from the forums. Member posts that are in violation of Beckett’s policy will be removed and the member may be suspended without warning. We have the right to terminate the account of any Member who repeatedly submits content that violates our intellectual property policies. A repeat infringer is one who has been notified of infringing activity more than twice and/or has had content removed from the Website more than twice.
vi. Violations our guidelines include, but are not limited to:
a. Including another individual’s contact information and/or e-mail address in a post (this includes phone numbers, physical addresses, IP addresses, e-mail addresses, etc.).
b. Including profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence/harm in a post.
c. Including material (graphic or text) that is obscene, pornographic, or not suitable for a general audience (including sexual references, alcohol or drug discussions, etc.), e.g., foul language, sexual references or images, graphic/violent references or images, and drug/alcohol references or images.
d. Any actions that interfere with site operations (including spam).
e. Attempting to impersonate our staff, site moderators, or other Members.
f. Encouraging others to violate our policies or the Beckett Terms of Service Agreement, including the re-posting of suspended topics or threads or the discussion of warning letters, member violations, banned members, or suspended members.
g. Advertising merchandise, services or commercial websites of any kind or posting advertisements, chain letters, pyramid schemes, or solicitations.
h. Posting e-mail or other electronic communications from private parties, e.g., private message conversations, text messages, e-mail, etc.
i. The use of false registration information or creating multiple accounts for use on or forums.
j. Reporters, researchers, and third party representatives emailing any members in their official capacity without prior permission.
k. Posting any copyrighted items without the permission of the copyright owner, e.g., posting information from the Beckett Online Price Guides, Beckett Online Checklists, Beckett Price Guides (Monthlies, Plus’, or Annuals) or any other copyrighted material.
vii.We allow the use of signatures on the forums (limit of 255 characters). Images used in signatures should not contain any inappropriate or offensive content, and are subject to review by site moderators, our staff, or the forum administrators. Also, as a courtesy to other users, you must limit your signature text length to a reasonable number of lines (6 or less), or the signature block may be edited by a moderator or site administrator to an appropriate length. If you have an excessively long signature, you may be asked to make an adjustment. If other questionable topics arise, please note that our moderators and administrators will use their best judgment, and act in the best interests of us and our forum users, and their determinations are final. Links to commercial sites in your signature is a violation of our policy and may result in suspension or termination of your account.
viii.Posting links that take users outside of the forum website for commercial purposes is expressly prohibited (unless specifically built into the Website profile pages, for example). This includes links to auction sites, marketing sites, MLM sites, and any other retail sites. In addition, threads and posts may not contain links to outside websites, except for the purpose of legitimate hobby discussions, though we and our moderators reserve the right to delete questionable posts at any time. Auction spam may result in suspension from the forums and/or your account.
ix.We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. Please remember that you are responsible for your actions on our Website and forums, and you could be held accountable should legal action arise.
x.In order to keep the forums safe and friendly for everyone, we have several active moderators and administrators who examine the forums on a daily basis. Most of our moderators have volunteered their time to help, and we appreciate their efforts and hard work. Our moderators work as a team to issue warnings, clean up posts, and issue suspensions, and they work in conjunction with our administrators and moderators. Please keep all posts clean and friendly, and we can all enjoy the safe environment of a fun forum system. If you wish to communicate with the moderators, they can be reached at moderator.beckett@gmail.com. If you have other forum concerns, please address them to customerservice@beckett.com .
C. Trading sub-forum Guidelines
xi.As the name implies, our forums are for “trading” only. Items available for trade must be in your Organize, marked “Trade Away” or “Trade For”. All trades must be initiated and completed using the official Beckett Trade system.
xii.Offering items for sale on the trading sub-forums is strictly forbidden, and can result in a suspension of your account. Repeat offenders are subject to permanent expulsion from the site. You will not be notified of a violation, and your post(s) will be deleted. This includes items posted for sale at a fixed price, or for best offer. In addition, buys and group buys (splitting cases) are not allowed on the forums. All “buy offers” should be initiated through the Organize feature.
xiii.The trading forums are for trading only, and should not contain any Hobby Talk or Sports Talk posts. Inappropriate posts will be moved to the correct forum or deleted without notice. Violators are subject to suspension or expulsion from the site.
D. Box Breaks sub-forum Guidelines. As the name implies, the Box Breaks sub-forum is a place to post your box breaks for other Members to see. The format of your box break post is up to you and we encourage you to include images of your best pulls as well as links to box break videos.
E. Additional Requirements.In addition to the guidelines stated above, here are a few other requirements to help make your forums experience a pleasurable one.
xiv. When dealing with fellow users, please treat them as you would wish to be treated. A little common courtesy goes a long way to making friends and keeping the peace.
xv.Avoid “hot button” topics in your discussions like religion and politics. Our forums are a place for sports card and collectibles enthusiasts to share experiences and engaging in ‘hot button” topics can only lead to trouble. We reserve the right to remove “hot button” posts/threads where appropriate.
xvi.Be extremely careful with making allegations relating to such things as users selling or buying fake patches, accusations of card trimming, etc. Please remember that it is against this Agreement to publish user information, and doing so (especially in cases like this) can possibly result in legal action against you.
13. By submitting any ideas or suggestions to us through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Website or Services, as well as submissions, posts, communications or interactions, whether in the form of articles, comments, emails, images, suggested pricing, confirmed sales, checklist information, photos, or other material (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and a waiver of all moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part, but, you shall not be liable for our use or disclosure of any Feedback.
14. Proprietary Rights
A. Member Content: By displaying or publishing (“posting”) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, Member hereby grants to us a nonexclusive, fully-paid and royalty-free, perpetual, irrevocable, worldwide, transferrable, right and license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, create derivative works of, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content. You represent and warrant that:
i. you own the Content posted by you on or through the Services or otherwise has the right to grant the license set forth in this section, and
ii. the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
The Services contain Content of Beckett (“Beckett Content”). Beckett Content is protected by copyright, trademark, patent, and other laws, and we own and retain all rights in the Beckett Content and the Services. We hereby grant you a limited, nonexclusive, revocable, non-sublicensable license to reproduce and display the Beckett Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
The Services contain Content of Members and other Beckett licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
15. SMS/Text Messages: Our Services may include sending you Short Message Service (“SMS”) messages, to which you hereby consent, which may deliver up to two messages per day to your cellphone or other wireless device (unless you communicate further with us and we need to or can respond), but message frequency may vary. We may use your information to contact you about your purchases, trades, our Services, Website updates, conduct surveys, or informational and service-related communications, including important security updates. You may request us to stop sending text messages by replying “STOP” to the SMS text message you received or by sending “STOP” via SMS to short code xxx. After you send the SMS message “STOP” to us, we will send you a SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.
16. Reservation of Rights: All rights not expressly granted by us herein are reserved. Failure to exercise such right at any time shall not be deemed a waiver of our right to exercise same at a later date.
17. Disclaimers:
A. We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on our Website may contain links to other websites. We are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked, third-party website on our Website does not imply our approval or endorsement of the linked website. When Members access these third-party sites, they do so at their own risk. We take no responsibility for collection and dissemination of information by third-party websites, third-party advertisements which are posted on our Website or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. We are not responsible for any problems or technical malfunction of any network or other communication lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Beckett event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline.
B. THE SERVICES, AND THE WEBSITE AND THE CONTENT, MATERIALS, INFORMATION, AND SERVICES DESCRIBED AND/OR OFFERED FOR SALE ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEOS, AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR RELATED TO THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR RELATED TO THE SERVICES OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED.
18. Limitation of Liability:
A. WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE WEBSITE OR SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE WEBSITE OR THE SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
B. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU PAID TO US FOR THE PARTICULAR SERVICE OR TRANSACTION FOR WHICH LIABILITY IS ALLEGED, AND (B) ONE HUNDRED DOLLARS (US$100).
C. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTY LIMITATIONS OR OTHER RESTRICTIONS, IN WHICH CASE THE ABOVE EXCLUSIONS OR RESTRICTIONS DO NOT APPLY TO YOU, BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
D. NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
E. IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.
19. Indemnification: You agree to indemnify and hold harmless Beckett and its Affiliates, (and their respective employees, directors, agents, representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) the products you sell or trade, any Content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof “Claim” means any allegation, claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and “Seller Taxes” means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through our Website or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives. We may require you to defend us as part of such indemnification, or we may control the defense of any Claim, the cost of which you will reimburse as part of the indemnity.
20. Trade Disputes; General Release: Unless otherwise specified, Beckett is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. Beckett will not be involved in resolving any disputes between Members relating to or arising out of any transaction. Beckett urges sellers and buyers to cooperate with each other to resolve such disputes. Unless otherwise specified, we only facilitate transactions between sellers and buyers of goods posted for sale on our Website. All transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members, each fully and unconditionally releases and agrees to indemnify and hold us (and our Affiliates, agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute. To the extent we are required to incur time or expense in responding to any discovery request or participating in any dispute between Members, we may invoice the disputing Members for such time and expense, and the Members agree to pay such invoice upon receipt.
21. Applicable Law: You agree that our Services shall be deemed to have occurred in the State of Texas, USA. The laws of the State of Texas govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
A. Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
B. MANDATORY BINDING ARBITRATION
i. Other than for the grounds set forth in Section C below (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or our Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Collin County, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
ii. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
iii. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
C. Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, or (c) your violation of our Content posting guidelines. Member agrees that any action at law or in equity, as permitted in this Agreement, arising out of or relating to this Agreement shall be filed only in state or federal court located in Collin County, Texas and you hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
23.Class Action Waiver. Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
25. General Provisions:
A. Entire Agreement: This Agreement, including any terms and conditions, attachments or policies incorporated herein by reference, and the general terms and conditions of the Website, including but not limited to the Privacy Policy and any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. In the event of and to the extent of any conflict between this Agreement and any specific terms and conditions associated with a Beckett submission or order form, the terms of that submission or order form shall prevail.
B. No Agency: We are not the agent, fiduciary, trustee, or other representative of you or any member. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Beckett, you, and buyers and sellers.
C. Severability: If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
D. No Waiver: Nothing contained herein shall be construed as a waiver by us of any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by our authorized agent. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
E. Assignment: You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) this Agreement, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of this Agreement will be of no power or effect. We may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. You hereby consent to our disclosure, transfer, and/or assignment of your personal information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in this Agreement.
26. Communications: By creating a Member account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the communications on the Website (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For Member, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
27. Please contact us via our website page www.beckett.com/contact with any questions regarding this Agreement.