Collecto Inc

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. BY ACCESSING OR USING THIS SITE OR OUR SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

Collecto, Inc., together with all services rendered by Collecto, Inc., its affiliates, and any interactions with Collecto (collectively referred to as the “Site” or “services”), encompasses a variety of webpages or services administered by Collecto, Inc. (“Collecto”, “we”, “us”, or “our”). For the purposes of these Terms of Use (“Terms”), all references to “website”, “services”, or “site” shall be interpreted as including the services provided by Collecto, Inc., unless expressly stated otherwise. The Site is made available to you conditioned on and subject to your acceptance without modification of the terms, conditions, and notices contained herein (collectively, “Terms” or “Agreement”). Your use of the Site constitutes your acceptance of and agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. These Terms are applicable for all services provided by Collecto and this “Site.”
For the purposes of these Terms, the term “program provider” refers to any third-party company, organization, or entity that engages Collecto, Inc., to collect and process payments on its behalf for services, programs, or evaluations offered by the program provider. Program providers are solely responsible for the content, terms, quality, delivery, and fulfillment of the services, programs, or evaluations they provide. Collecto’s role is limited to acting as a payment intermediary and providing relevant metrics or reports to the Program Provider as required.

For the purposes of these Terms, the terms “you,” “user,” refer to any individual, entity, or organization accessing or using the Site, services, or any associated offerings provided by Collecto, Inc., whether as a participant in evaluation programs offered by program providers or for any other purpose.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

THE COMPANY’S ROLE IS LIMITED TO PROCESSING AND COLLECTING PAYMENTS FOR SIMULATED GAMING PROGRAMS AND PROVIDING GAMING-RELATED METRICS AND PERFORMANCE DATA TO THE PROGRAM PROVIDER. ANY SIMULATED GAMING ACTIVITIES, ARE NOT INCLUDED IN THE SCOPE OF THE COMPANY’S SERVICES AND REMAIN SOLELY THE RESPONSIBILITY OF THE PROGRAM PROVIDER OR THE USER.

Services

The Company’s primary purpose is to facilitate the collection and processing of payments while providing simulated gaming-related metrics to the company from which users purchase evaluation programs. The Company collects payments from users who purchase simulated gaming evaluations and ensures the secure and efficient processing of these transactions. Additionally, the Company gathers, analyzes, and delivers detailed performance data and statistics to the program provider only, enabling them to evaluate Users progress effectively. Through its services, the Company streamlines payment management and data reporting, ensuring a transparent and efficient process for both users and program providers.

Eligibility

By accessing and using the services provided by Collecto, you hereby represent and warrant that:

•   You are at least 18 years of age.
•   You have the legal capacity to enter into and be bound by a contractual agreement.
•   You are not accessing Collecto’s services from any jurisdiction where such access or use is restricted or prohibited by applicable law.

You are solely responsible for determining and ensuring that your access to Collecto’s services complies with all applicable laws and regulations in your location. By using our services, you affirm that you are not accessing our platform from any jurisdiction where such access or use is restricted or prohibited. It is your duty to verify and comply with any legal restrictions applicable to your jurisdiction.

You further acknowledge and agree that Collecto does not offer services within restricted jurisdictions. Should you access Collecto’s services from any such prohibited jurisdiction, Collecto reserves the right, at its sole discretion, to discontinue services to your account.

You agree to provide accurate, current, and complete information during the registration process and to update such information promptly as needed to maintain its accuracy. You are solely responsible for maintaining the confidentiality and security of your account credentials and for any and all activities that occur under your account. Any unauthorized access or suspected misuse of your account must be reported to Collecto immediately.
Limitation of Liability for Program Providers
Collecto shall not be held liable for any claims, disputes, losses, or damages arising from or related to the services, programs, or evaluations offered by Program Providers. By using Collecto’s services, users acknowledge and agree that:
1.   Responsibility of Program Providers: All services, programs, or evaluations purchased from a Program Provider are the sole responsibility of that Program Provider. This includes but is not limited to the accuracy of program descriptions, delivery of services, compliance with applicable laws, and fulfillment of any obligations to users.
2.   Disputes: Any disputes, concerns, or complaints regarding services provided by a Program Provider must be addressed directly with that Program Provider. Collecto is not responsible for resolving such disputes and will not provide refunds or compensation related to such disputes unless explicitly authorized by the Program Provider as outlined in the Refund Policy.
3.   No Endorsement or Warranty: Collecto does not endorse, guarantee, or warrant the quality, legality, suitability, or performance of any services, programs, or evaluations offered by Program Providers. Users engage with Program Providers at their own risk.
4.   Indemnification: Users agree to indemnify and hold harmless Collecto, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorney’s fees) arising from or related to interactions with Program Providers, including but not limited to the purchase or use of their services, programs, or evaluations.
By accessing or using Collecto’s services, users acknowledge that Collecto’s role is limited to payment processing and metric reporting and agree to release Collecto from any liability related to the actions or omissions of Program Providers.
Refunds, Chargebacks, and Fraud

All payments made to the Company are final and non-refundable. The only exception to this policy is if the evaluation program provider expressly authorizes the Company to issue a refund. In such cases, the refund will be issued directly by the program provider, not by the Company. The Company acts solely as a payment processor and is not responsible for approving or disbursing refunds under any circumstances. By completing a purchase, the user acknowledges and agrees to this policy and understands that any refund requests must be directed to the program provider. Users are encouraged to thoroughly review the terms and conditions of the program or service prior to making a payment.

The user expressly agrees not to initiate any chargeback or payment reversal through their bank or payment provider for any payment made to the Company. The Company acts solely as a payment processor on behalf of the evaluation program provider and does not have control over or responsibility for the services provided by the program provider.

By initiating a chargeback, the user acknowledges that they are circumventing the agreed-upon payment process and attempting to impose liability on the Company, which serves only as an intermediary. In the event of a chargeback, the Company reserves the right to immediately suspend or terminate the user’s access to its services and pursue all available remedies, including but not limited to:

•   Recovering the full amount of the chargeback, plus any associated fees and costs, including reasonable attorney’s fees and expenses incurred by the Company.
•   Engaging third-party collection agencies to recover outstanding amounts.
•   Reporting the user’s actions to relevant financial institutions and authorities for investigation.

The user agrees to resolve any disputes related to their payment or the services received directly with the evaluation program provider. The Company is not liable for any claims, disputes, or dissatisfaction related to the program or services purchased from the program provider.

By using the Company’s services, the user acknowledges and agrees to this provision and accepts that any unauthorized chargeback may result in further legal or financial consequences.
Collecto reserves the right to investigate any suspected abuse or fraudulent activity and take any measures necessary to protect the integrity of its services.

Prohibited Conduct

By using Collecto’s services, you agree to adhere to all applicable laws, rules, and regulations, and you agree to refrain from engaging in any of the following prohibited activities:

•   Using Collecto’s services for any unlawful, unauthorized, or illegal purpose, including activities that violate any applicable laws or regulations in your jurisdiction.
•   Engaging in any form of manipulation, exploitation, or deceptive practices aimed at fraudulently using the Company services, including but not limited to providing false or misleading information.
•   Circumventing, disabling, tampering with, or otherwise interfering with any security features, protocols, or measures on our platform intended to safeguard the integrity, security, and proper functioning of Collecto’s services.
•   Using automated assistance, including but not limited to automated programs or any other unauthorized tools, technologies, or mechanisms, to interact with Collecto’s services. This includes any attempt to gain an unfair advantage or bypass intended functionality within the platform.
•   Accessing, collecting, or harvesting any personally identifiable information, including account data, from other users without their express permission.

Engaging in any prohibited conduct may result in the immediate suspension or termination of your account, and any additional legal or corrective actions deemed necessary by Collecto. Collecto reserves the right to investigate any suspected violation and enforce these terms to the fullest extent permissible by law.

Taxes and Reporting

You acknowledge and agree that any funds, earnings, points, rewards, or benefits received from Collecto may be considered taxable income under applicable federal, state, and local laws. As such, you are solely responsible for accurately reporting such income on your tax returns and for remitting any taxes owed to the appropriate tax authorities. Collecto bears no responsibility or liability for your tax obligations, including any interest, penalties, or other consequences resulting from your failure to comply with applicable tax laws.

In certain cases where required by law, Collecto may issue you a Form 1099 or any equivalent documentation necessary for tax reporting purposes. You agree to provide any necessary information to facilitate such compliance. Collecto expressly disclaims any liability related to your individual tax obligations, and you are encouraged to consult with a qualified tax professional to ensure you meet all tax compliance requirements associated with your use of Collecto’s services.

Other Policies
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise. Additional policies and terms may apply to the use of specific portions of a service provided by the Company and to the purchase of certain services and are included as part of these Terms whether they reference these Terms or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
•   Collecto FAQ therein, as amended from time to time and which are incorporated by reference and made a part of these Terms. By agreeing to these Terms, you are agreeing to abide to all rules identified within the knowledge center and other sources within the website.
•   The Privacy Policy
•   The Refund Policy
Electronic Communications
Visiting this Site, contacting Collecto via social media and live chat support, or sending emails to Collecto constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, live chat support, social media and on this Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Collecto is not responsible for third-party access to your account that results from theft or misappropriation of your account. Collecto and its afilliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Minors
Collecto does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you are prohibited from the use of services and interactions with Collecto. If a minor circumvents the controls Collecto has implemented to restrict use of our services, any resulting actions or consequences are solely the responsibility of the minor. By accessing our services, you agree to hold us harmless for any actions or consequences resulting from your failure to comply with our age restrictions.

Links to Third Party Sites/Third Party Services
Our Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Collecto, and Collecto is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Collecto is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Collecto of any site or any association with its operators.
Certain services made available via our Website are delivered by third-party sites and organizations. By using any product, service, or functionality originating from our Website domain or services, you acknowledge, agree, and consent that Collecto may share such information and data with any third party with whom Collecto has a contractual relationship to provide the requested product, service, or functionality on behalf of the user.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Website or the Company services strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Collecto that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law, regulation, or requirement to which Collecto or you is or may be subject. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Company’s services and Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Collecto or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Collecto materials and Site content are not for resale, and by accessing the Site you acknowledge and agree that you will not resell, redistribute or otherwise use or attempt to use the Site or its contents in any manner or for any purpose except as permitted or authorized by Collecto. Your use of the Site does not entitle you to make any unauthorized use of any content, and without limiting the foregoing, in particular you will not delete, alter or otherwise modify or attempt to modify any proprietary rights or attribution notices in any content. You will use protected content solely for your personal non-commercial use and will make no other use of the content without the express written permission of Collecto and the copyright owner. You agree that you do not acquire any ownership rights in or claims to any Site content. We do not grant you any licenses, express or implied, to the intellectual property of Collecto or our licensors except as expressly authorized by these Terms.

Indemnification
You agree to indemnify, defend, and hold harmless Collecto, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or any applicable laws, regulations or requirements. Collecto reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Collecto in asserting any available defenses.

Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
In the event the parties are not able to resolve any dispute, claim or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by either: (i) final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”), conducted by a single neutral arbitrator and administered by the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement or (ii) submitted to small claims court in Miami-Dade County, Florida. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence.
The arbitrator’s award shall be final, and judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Miami-Dade in the State of Florida. For more information about arbitration, the AAA and the arbitration process, please consult the AAA website at www.adr.org.

The arbitrator’s award shall be binding only between the parties to the arbitration proceeding. It shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different parties.

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:

Collecto, Inc
ATTN: LEGAL DEPARTMENT
850 New Burton Road, Suite 201
Dover, DE 19904

With a copy to:
[email protected]

If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Collecto shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Collecto. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost virtual profit.. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Severance of Arbitration Agreement. If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and Collecto agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. COLLECTO, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
COLLECTO, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLECTO AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLLECTO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Collecto LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
FURTHERMORE, COLLECTO SHALL NOT BE HELD LIABLE FOR ANY LOSSES INCURRED BY USERS IN CONNECTION WITH THE SERVICES OFFERED BY ANY PROGRAM PROVIDER, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM THEIR TRADING ACTIVITIES, ADHERENCE TO THE PROGRAM PROVIDERS’ RULES AND REGULATIONS, OR THE PROGRAM PROVIDERS’ INSOLVENCY RESULTING IN NON-PAYMENT. ALL TRADING OUTCOMES AND DECISIONS ARE THE SOLE RESPONSIBILITY OF THE USERS AND THE PROGRAM PROVIDERS THEY CHOOSE TO ENGAGE WITH.
THE INFORMATION PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO PRICING DETAILS AND OTHER RELEVANT PARTICULARS, IS OFFERED SOLELY FOR INFORMATIONAL PURPOSES. USERS ARE ADVISED TO CONDUCT THEIR OWN DUE DILIGENCE AND SEEK INDEPENDENT ADVICE AS NEEDED BEFORE MAKING ANY TRADING-RELATED DECISIONS.
New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes & Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree to that these California Civil Code Section 1542 protections no longer apply to you.

International Users
This Site is controlled, operated and administered by Collecto from our offices in the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws. You agree that you will not use Collecto content accessed through the Site in any country or in any manner prohibited by any applicable laws, regulations or requirements.
The products referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

AUSTRALIA

Where any Act of Parliament implies any condition or warranty in relation to your use of a Site and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
CANADA

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail or contact us in writing by writing to the Collecto address listed in the notice provision herein.

EUROPEAN UNION

Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Japan

Any intellectual property rights vested in us under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions.
Each Party represents and warrants that it (a) is not an anti-social force (meaning here and hereinafter, gangsters, anti-social forces, and others equivalent thereto) and (b) does not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.
UNITED KINGDOM

Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

GENERAL
This Agreement constitutes the entire agreement between you and Collecto regarding the use of the Site and the purchase of any Services offered by Collecto, Inc. Collecto’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the Federal Arbitration Act and the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation.
COLLECTO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THIS SITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. THESE TERMS ARE GOVERNED BY THE LAWS OF FLORIDA, AND YOU AGREE THAT ANY DISPUTE, DISAGREEMENT, ARBITRATION, OR MEDIATION WITH COLLECTO OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THAT IS NOT RESOLVED THROUGH ARBITRATION AS PROVIDED HEREIN SHALL BE FILED AND RESOLVED ONLY BY THE FEDERAL OR STATE COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA, AND EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR ANY SUCH CONTROVERSY. Use of the Site or the Company Services is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Collecto as a result of these Terms or your use of the Site. Collecto’s performance of these Terms is subject to applicable laws, regulations and requirements, and nothing contained in these Terms is in derogation of Collecto’s right to comply with governmental, judicial and law enforcement requests or requirements relating to you or your use of the Site or information provided to or gathered by Collecto with respect to you or such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect so that it is valid and enforceable to the maximum extent permitted by law.
This Agreement, including all rights and obligations contained herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the prior written consent of Collecto. Any attempted assignment, subcontract, delegation, or transfer in contravention of this provision shall be deemed null and void. The terms of this Agreement shall only bind any assignees if prior written consent has been explicitly granted by Collecto.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Collecto with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Collecto with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms
Collecto reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms supersedes all previous versions. Collecto encourages you to review the Terms to keep informed regarding any updates periodically. Your continued use of our website and/or Services available after any such modifications will constitute your: (a) acknowledgment of the revised Terms of Use; and (b) agreement to abide and be bound by such Terms of Use as revised.

Contact Information

If you have any questions regarding these Terms of Use, please contact us by filling out the form available on our website or by sending an email to [email protected].

Updated: January 8, 2025.

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