Welcome to PopPriceGuide! You may have come here from one of our subsidiary sites, partner site marketplaces, or partner site databases. All of these instances are part of the hobbyDB ecosystem, and the following terms and conditions apply. If you have any questions, send us a message, here.
These terms and conditions apply to the services available from the domain and sub-domains of https://www.poppriceguide.com and https://www.hobbydb.com. You are contracting with hobbyDB, a Delaware company, known in this User Agreement as “hobbyDB”, “we”, “us” or “our”. Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the “Additional terms” section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the “User Agreement”). By becoming a user of PopPriceGuide, you are indicating your agreement to accept and abide by all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. The User Agreement constitutes a legally binding agreement between you and hobbyDB. This User Agreement is valid from 1 September 2013 and is effective upon acceptance for new users.
You may not use the Site if you are under the age of 18 and do not have permission from your parent or legal guardian to do so, if you are not able to form legally binding contracts, or if your PopPriceGuide user status has been suspended. While using the Site, you will not:
- post, list or upload content or items in inappropriate categories or areas on the Site;
- breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- breach our policies;
- fail to pay for items purchased by you, unless the seller materially changes the item’s description after you place a bid on the item or a clear typographical error is made;
- fail to deliver items purchased from you, unless the buyer fails to meet your listing terms;
- manipulate the price of any item or otherwise interfere with other users’ listings;
- circumvent or manipulatePopPriceGuide’s fee structure, the billing process, or fees owed to hobbyDB;
- post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
- take any action that may undermine the feedback or ratings systems; transfer your PopPriceGuide account (including feedback) and/or User ID to another party without our express consent; distribute or post spam, chain letters, pyramid schemes or any other content intended to derive revenue, fraudulently or otherwise;
- distribute viruses or any other technologies that may harm PopPriceGuide, or the interests or property of PopPriceGuide users;
- record collectibles in the database or sell items depicting or representative of inappropriate content including but not limited to excessive violence, marginalization of individuals or groups of people, and genitalia;
- copy, modify, or distribute PopPriceGuide’s copyrighted works or trademarks, or other content from the Site, without our express consent; or
- harvest or otherwise collect information about users, including email addresses, without their express consent.
If you are registering with PopPriceGuide as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on PopPriceGuide, you must comply with all applicable laws relating to online trading in your location. We will commence supplying our services to you as soon as you accept this User Agreement.
PopPriceGuide and the PopPriceGuide community work together to keep the site working properly and the community safe. Any problems, offensive content or policy breaches should be reported to us. Without limiting our options for further action, we may issue you with warnings, limit, suspend, or terminate the supply of our services to you and/or your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the PopPriceGuide community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
- we have grounds to believe that you are intentionally creating problems (including, without limitation, by harassing PopPriceGuide staff or other users) or exposing us or another PopPriceGuide user to financial loss or legal liabilities;
- we have grounds to believe that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us.
We also reserve the right to cancel unconfirmed accounts. You agree not to hold PopPriceGuide responsible for any loss you may incur as a result of PopPriceGuide taking any of the actions described above.
We do not tolerate spam (unsolicited commercial communications) and do not send any out to our users. In the event that you do not wish to adhere to the default settings for methods by which we will communicate with you, please set your PopPriceGuide notification preferences in order that we can communicate with you in the method of your choice. You may not add other PopPriceGuide users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. We do not rent or sell any of our users’ email addresses or any other email addresses we may receive communication from to third parties. To report spam from other PopPriceGuide users, please contact us.
In registering as a PopPriceGuide user, you agree to receive non-commercial email communications from us and we reserve the right to send these to all users who have not specifically opted out of receiving email from the site using the links supplied for this purpose within all email communications sent.
Using information about other PopPriceGuide users
Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other’s name, User ID, email address, physical address and other contact information, including financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage all users to evaluate the privacy and security policies of their trading partners before entering into transactions and choosing to share sensitive information with them. Similarly, we ask all users to respect other users’ privacy and disclose their privacy and security policies to them prior to involvement in transactions. In all cases, users must be given the option of removing themselves from other users’ databases and the opportunity to review the information any other user has collected about them. All users agree to use other users’ information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
- PopPriceGuide-transaction-related purposes that are not unsolicited communications of any sort;
- using services offered through PopPriceGuide; and
- any other purposes that the users have expressly agreed to.
Usernames & Avatars
Your Username is the name by which you choose to be known on the Site when registering. Your avatar is the image which appears on your profile by your Username and/or the image which appears on your store homepage if you have a store. In registering, you agree not to do so under a Username which is:
- identical to, or could reasonably be deemed an approximation of, any copyrighted name, trademark or trading name not held by yourself or an entity on behalf of which you are directly contracted to operate;
- identical to, or could reasonably be deemed an email address or website address;
- any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language;
- a phrase or compound word which incorporates any word or words or any approximation of any word or words that could reasonably be deemed offensive in any language;
- any word, words, name or names or any approximation of any word, words, name or names that are intended (or could reasonably be believed to be intended) to mock, harass, belittle or otherwise upset other PopPriceGuide users or users of the general public;
- any word, words, name or names or any approximation of any word, words, name or names intended to convey (or which could reasonably be believed to be intended to convey) political or other beliefs or any opinions of any sort, in particular (but not limited to) any viewpoints, beliefs or opinions (political or otherwise) that could potentially offend other PopPriceGuide users or any users of the general public; and
- Furthermore, you agree not to upload as an avatar any picture to which you do not own the copyright, any image which includes or depicts an email address, URL, telephone number or any other contact details. You also agree not to upload as an avatar any image of an adult or offensive nature or which could potentially cause offense to any other PopPriceGuide users or any users of the general public.
In any instance where your choice of Username violates these conditions, we will inform you of this and request that you specify an alternate Username. If for any reason you fail to supply us with a reasonable alternative Username, we reserve the right to amend your Username to an alternative chosen by ourselves.
In any instance where your avatar violates these conditions, we will inform you of this, delete your avatar and replace it with the site’s standard avatar placeholder.
At PopPriceGuide, it’s our mission to build the world’s most comprehensive collectibles database. Anyone can use the catalog to research their favorite collectibles, free of charge.
We also support a marketplace where buyers and sellers can come together to purchase and sell collectibles. In order to protect all marketplace stakeholders, we have certain policies and standards that we ask the community to abide by. At the moment, every transaction must occur in US dollars. If you have any additional questions about our policies, please feel free to get in touch by emailing [email protected], visiting our contact page, or check out our FAQs.
When purchasing an item, either via a buy-it-now price or by making an offer, you agree to the following rules –
- You are responsible for reading the full item listing before making an offer or a commitment to buy an item.
- By making an offer on an item, you enter into a legally binding contract to purchase the item if your offer is accepted.
- When you commit to buying an item, you enter into a legally binding contract to purchase the item.
- When you commit to buying an item, you are responsible for paying the advertised shipping and handling cost in addition to the purchase price.
- You must pay for the item that you commit to buying with one of our accepted payment methods; currently PayPal, all major credit or debit cards (Visa, American Express, Discover, Mastercard).
Community members will be able to participate in our refer-a-friend program and are eligible to receive credits when they refer a new user to sign up, or when that user purchases an item. Credit will only be given if the new user is unique, with no previous registered Username on the Site. If a community member creates fraudulent or duplicate accounts to receive credit, PopPriceGuide reserves the right to ban said community member from the site and to pursue legal action against community member.
Shipping and Handling Policy
PopPriceGuide allows sellers to charge fair and reasonable shipping rates, which can exceed shipping costs charged by the shipping provider allowing sellers to cover expenses related to packaging materials, etc. Sellers are encouraged to use tracking, delivery confirmation, or signature confirmation.
International Hub Shipping Policy
A seller is not responsible for item loss or damage that occurs after the item is forwarded by the US shipping center. Once an item has been forwarded by the US shipping center, a seller won’t be responsible for refunding the buyer if a PayPal Purchase Protection case is filed against you for one of the following reasons:
A buyer claims an item isn’t received or
A package is damaged in transit
Returns and Refunds Policy
PopPriceGuide’s Refund and Return policies are:
- If there are issues with your order or a seller, please email the PopPriceGuide team at [email protected] and we will help you with your resolution.
- If buyer is not satisfied for any reason with their purchase, they have 5 days upon receipt to return an item to sender. Buyer is responsible for return shipping cost to the seller. A refund will be made for the full cost of the purchase item via Paypal once the seller has received said item.
- If item is significantly different than the listing description, then the seller will be responsible for return shipping costs. Upon receiving the returned item, if the seller does not resolve the issue with the buyer within 5 business days, all associated costs with item purchased will be refunded to the buyer.
- If buyer has waited beyond 5 days (after receipt) to voice any concerns – ALL SALES are FINAL and there will be no returns or refunds. Additionally, if more than 72 hours elapses between buyer and customer service communications on the matter of a return or refund, the return or refund is subject to cancellation.
- If a buyer does not receive an item within a reasonable amount of days after receiving their tracking information dependent on shipping location – all associated costs with item purchased will be refunded.
If there are issues with your order please email the PopPriceGuide team at [email protected] and we will help you your resolution.
If seller cannot meet their obligation of a sale within 7 days, unless otherwise posted on the listing, the sale will be canceled and buyer will be refunded for the item and shipping costs. The seller needs to notify the PopPriceGuide team at [email protected] to start a resolution with the buyer. If the seller refuses to accept a valid buyer return or is uncommunicative throughout the return process, PopPriceGuide holds the right to route the return to our office. If after 30 days of holding the item(s), the seller remains uncommunicative, the seller forfeits ownership of the item(s) to PopPriceGuide.
Fees for Sellers
PopPriceGuide only charges fees if an item sells. There is no cost to list an item for sale. The PopPriceGuide fee is 7% of the item cost, plus the customary PayPal fee of approximately 3%. The PopPriceGuide fee is capped at a maximum amount of $100 (exclusive of PayPal fees) for any single sale. Once an item sells, you will receive payment via PayPal, minus the PopPriceGuide fee and PayPal fee. PopPriceGuide reserves the right to charge a service and handling fee of $2 if a seller is unable to fulfill an order due to inaccurate marketplace listings.
Store owners are not charged any additional fees. Starting on January 1st, 2020, PopPriceGuide will charge a fee of $9.99 per month to operate a store.
Seller Payment Schedule
Seller payouts are made weekly, on Wednesdays.
Sellers who are members of our Trusted Seller program will receive payment for all sales which have had a valid tracking number entered into our system and which have not been paid out in a previous cycle. Sellers who are not yet members of our Trusted Seller program will receive payment for all sales which have had a valid tracking number entered into our system, which the buyer has marked as received and which have not been paid out in a previous cycle.
Items which have been sent via non-trackable services and marked as Shipped Without Tracking will be paid once the buyer has marked the items as received.
In the event that an item has either been shipped via a non-trackable service or shipped with tracking by a seller who is not yet a member of the Trusted Seller program and is not marked as received, payment will be made once a reasonable period of time has passed and no buyer complaint has been filed. The length of this period is calculated based on a number of factors, including the item’s value, the number of successful transactions the seller and buyer have completed, their respected length of site membership and the locations the order is shipping from and to.
Trusted Seller Program
Sellers are considered for our Trusted Seller program on a case-by-case basis, taking into account factors including quantity of sales, quality of items, buyer satisfaction and other risk factors.
Sellers Using PopPriceGuide to Promote Offsite Sales
Site members are prohibited from using PopPriceGuide to contact each other with offers to either sell or purchase items outside of PopPriceGuide. Also, members are forbidden from using information obtained from PopPriceGuide or any PopPriceGuide systems to contact each other about buying or selling outside of PopPriceGuide.
Sellers are liable for fees arising out of all sales made using some or all PopPriceGuide Services, even in the event that sales terms are finalized or payment is made outside of PopPriceGuide.
Sellers are also liable for final value fees if they offer or reference their contact information, or ask for a buyer’s contact information, in the context of buying or selling outside of PopPriceGuide, even if the item does not sell.
If you receive an offer to buy or sell outside PopPriceGuide, please report this to [email protected]
Also, the following activities are prohibited;
- Including, requesting, offering, or referencing contact information or an offer to buy or sell an item outside of an email message, or other communication with a PopPriceGuide user; and
- Referring to or promoting a personal website or any other unapproved off-Site link on a listing page or in communications with another PopPriceGuide member.
Failure to follow these guidelines may result in you being subject to a range of actions, including limitations of your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademarks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We need these rights to host and display your content.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, you causing content to be posted using our services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with our services and in compliance with this Agreement.
Offensive and inappropriate content
We reserve the right to remove from the site any user-generated content deemed to be offensive or inappropriate in any way, and to suspend and/or delete without warning the account of any user of the site who uploads such content, in accordance with the terms of this user agreement.
Attempting to use the site to arrange or facilitate sale or trade of real weapons of any sort (including but not limited to replica handguns) is expressly forbidden and any attempts to do this will result in the immediate and permanent suspension of the user accounts involved.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. You cannot and will not hold PopPriceGuide responsible for other users’ actions or inactions.
Although PopPriceGuide is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer but provide through the Site a platform to allow anyone to offer, sell, and/or buy just about any collectible, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of any item listed or sold through the Site. We do not review user’s listings and we are not party to the actual transactions between buyers and sellers.
PopPriceGuide is in no way responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off PopPriceGuide) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for:
- the quality, safety or legality of items advertised;
- the truth or accuracy of listings;
- the truth or accuracy of feedback or other content posted by users on the Site;
- the ability of sellers to sell items;
- the ability of buyers to pay for items; or
- whether a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal in your territory simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. Although we use techniques intended to verify the accuracy and truth of the information provided by our users, User verification on the internet is difficult. PopPriceGuide cannot and does not confirm, and is not responsible for ensuring the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use all reasonable means to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us and which may arise out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, or (b) $100.
In cases where you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from or in any way connected with such disputes.
Note that views and opinions expressed within comments or anywhere else on the site by users are not those of PopPriceGuide or endorsed by PopPriceGuide.
Access and interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to PopPriceGuide by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
- take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of PopPriceGuide and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur which arise from any breach by you of this User Agreement.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
All notices to PopPriceGuide shall be sent by registered mail to our registered address. We shall send notices to you by email or by registered mail to the email address or postal address (as applicable) that you provided to PopPriceGuide when you registered as a user of PopPriceGuide. Notices sent to you by email shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement, but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
You and PopPriceGuide agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the PopPriceGuide User Agreement your use of or access to our services, or any products or services sold or purchased through our services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and PopPriceGuide, except as otherwise stated in the User Agreement.
Agreement to Arbitrate
You and PopPriceGuide each agree that any and all disputes or claims that have arisen or may arise between you and PopPriceGuide relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to PopPriceGuide’s services, or any products or services sold, offered, or purchased through PopPriceGuide’s services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert 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 governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND POPPICEGUIDE 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 ACTION OR PROCEEDING. UNLESS BOTH YOU AND POPPRICEGUIDE 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, OR CLASS 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.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to PopPriceGuide should be sent to hobbyDB Corp., Attn: Legal Department, 2405 Broadway St, Boulder CO 80304. PopPriceGuide will send any Notice to you to the physical address we have on file associated with your PopPriceGuide account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.If you and PopPriceGuide are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or PopPriceGuide may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to PopPriceGuide at the following address: hobbyDB Corp., Attn: Legal Department, 2405 Broadway St, Boulder CO 80304. In the event hobbyDB initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your PopPriceGuide account. Any settlement offer made by you or PopPriceGuide shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or PopPriceGuide may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and PopPriceGuide subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or PopPriceGuide may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same PopPriceGuide user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PopPriceGuide will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PopPriceGuide for all fees associated with the arbitration paid by PopPriceGuide on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
- Opt-Out Procedure
IF YOU ARE A NEW POPPRICEGUIDE USER, 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 HOBBYDB CORP, 2405 BROADWAY ST, BOULDER, CO 80304. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate
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 PopPriceGuide 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 PopPriceGuide. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.poppriceguide.com at least 30 days before the effective date of the amendments and by providing notice through a PopPriceGuide site message and/or by email. 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.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and PopPriceGuide must be resolved exclusively by a state or federal court located in Colorado. You and PopPriceGuide agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.
Claims of Infringement
Just as we require users of our Site to respect our copyrights and other intellectual property rights (and those of our affiliates and other third parties), we too respect the copyrights and other intellectual property rights of users of our Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright infringement agent by mail to:
Attn: Copyright Notice Agent
2405 Broadway St
Please provide the following information in any notice of any potential infringement you send to our copyright infringement agent:
- The identity of the infringed work, and of the allegedly infringing work;
- Your name, address, daytime phone number, and email address;
- A statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
- HobbyDB Corp is located at 2405 Broadway St, Boulder, CO 80304, USA. Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
- Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
- We may amend this User Agreement at any time by posting the amended terms on www.poppriceguide.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Additionally, we will notify you of significant changes through a site message and/or by email. Your continued access or use of our services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a PopPriceGuide representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
- The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the PopPriceGuide site.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
- The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.