Terms of Service
Last Updated: June 11, 2026
1. Agreement to Terms
Welcome to My Oh My Sports Cards & Collectibles ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.myohmycards.com (the "Site"), including any content, functionality, and services offered on or through the Site, particularly the "Grail Machine" feature (collectively, the "Services").
Please read these Terms carefully before you start to use the Services. By accessing or using the Services, creating an account, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at /privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.
2. Eligibility
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2.1 Export Controls and Sanctions
The Services are intended for users physically located in the United States and are only available to users who comply with U.S. export control and sanctions laws. By using the Services you represent that you are not (a) located in, ordinarily resident in, or a national of any country, territory, or region subject to comprehensive U.S. sanctions or embargoes, including any region designated by the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) as a covered region, as updated from time to time, and (b) not identified on any list of restricted parties maintained by OFAC or the U.S. Department of Commerce Bureau of Industry and Security. You agree not to use the Services in violation of any export control or sanctions law.
3. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3.1 Changes to the Services
We may add, modify, suspend, or discontinue any feature of the Services — including the Grail Machine, MoM Cash, MoM Coins, Card Trading, Tradebacks, Buybacks, and Hold Limits — at any time and in our sole discretion, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of any feature. If we discontinue a feature in a way that materially affects existing MoM Cash balances or open trade proposals, we will use commercially reasonable efforts to notify you and provide a fair transition (such as continuing to honor existing balances or completing pending trades).
4. User Accounts
- Account Creation: To access certain features of the Services, including the Grail Machine, you must register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form.
- Account Security: You are responsible for maintaining the confidentiality of your account password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any unauthorized use of your account or any other breach of security. We encourage the use of Two-Factor Authentication (TOTP) where available.
- Account Termination: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.
4.1 Investigation Holds
If we suspect fraud, manipulation, chargeback abuse, identity theft, or any violation of these Terms, we may, in our sole discretion and without prior notice, place a hold on your account, your MoM Cash and MoM Coin balances, pending trades, tradeback or buyback transactions, shipments, and any other related activity while we investigate. Investigations will be conducted in a reasonable time frame, generally within forty-five (45) calendar days, after which we will notify you of our findings and any actions taken.
4.2 Circumvention of Suspension
If your account has been suspended or terminated, you may not access the Services through another account, create a new account, induce another user to act on your behalf, or otherwise attempt to circumvent the suspension or termination. Doing so is an independent violation of these Terms and may result in further enforcement actions, including termination of associated accounts and forfeiture of MoM Cash or MoM Coin balances obtained through, used in, or traceable to the circumvention or the underlying violation.
4.3 Account Inactivity
If your account has no user-initiated activity for twelve (12) consecutive months, we may classify it as inactive and use reasonable efforts to reach you using the contact information on file. MoM Cash does not expire, will not be charged dormancy or inactivity fees, and will not be forfeited solely due to your inactivity. If applicable unclaimed-property law requires or permits us to report or remit a MoM Cash balance to a state authority, we may do so after providing any legally required notice. To avoid escheatment, please keep your contact information current and use or redeem your balance from time to time.
5. The Grail Machine
The Grail Machine is a feature allowing users to purchase a chance to receive a randomly selected collectible item ("Grail") from a predefined set ("Case").
- Purchase: To participate, you must purchase a "Pack" at the price indicated on the Site. Payment is required before a Grail is revealed. All purchases are processed through our third-party payment processor (Stripe). You agree to abide by their terms and conditions.
- Random Selection: Upon successful purchase, the system will randomly assign one Grail from the available items remaining in the current Case. The selection process is automated and random.
- Item Condition: Grails are typically graded collectible cards or similar items. Condition is generally represented by the grade assigned by a third-party grading company (e.g., PSA, BGS). We provide items as received from grading services or suppliers. We make no additional warranties regarding the condition or grade beyond what is stated by the grading company slab/label.
- No Guarantee of Value: While Cases are curated with items we believe to be desirable or valuable, we make no guarantee regarding the current or future market value of any Grail received. Market values fluctuate.
- ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES: Due to the nature of the random selection process and the collectible items involved, all purchases made through the Grail Machine are final. We do not offer refunds, returns, or exchanges once a Pack has been purchased and a Grail has been revealed, except as may be required by applicable law.
- Claiming & Shipping: Revealed Grails will be added to your account dashboard. You are responsible for providing accurate shipping information through your dashboard to claim your items. Shipping costs, methods, and timelines will be detailed during the item claiming or checkout process. We are not responsible for items lost or damaged during shipping, although shipping insurance options may be available as detailed during the claiming process.
- Tradebacks: Where available, you may trade back cards from your collection in exchange for a new randomly selected card. Initial tradebacks within a rolling 24-hour period may be free; additional tradebacks may require MoM Coins at rates that increase with volume. The number of free tradebacks and coin costs are subject to change at our discretion.
- Buybacks: Where available, you may sell cards back to us at a percentage of fair market value. Buyback offers, rates, and availability are determined at our sole discretion and may be modified or discontinued at any time.
- Hold Limits: We may limit the number of unshipped cards you may hold at any given time. To purchase additional packs when at the hold limit, you must ship, sell back, or trade back existing cards. Hold limits are subject to change at our discretion.
- Rate Limits & Availability: We reserve the right to impose volume limits, rate limits, cooldowns, or temporary restrictions on purchases, tradebacks, buybacks, or other features to maintain platform integrity. These limits may be adjusted at any time without prior notice.
6. MoM Cash (Store Credit)
"MoM Cash" is a store credit program that allows you to receive credit towards future Grail Machine purchases as an alternative to PayPal payouts when selling items back to us through our buyback program.
- Nature of MoM Cash: MoM Cash is store credit, not currency, gift cards, or a stored value card. It has no cash value except as required by applicable state law. MoM Cash represents a credit balance on your account that may only be used towards eligible purchases on our platform.
- How to Earn: MoM Cash may be earned by opting to receive store credit instead of PayPal payment when selling items back to us through our buyback program. The MoM Cash payout amount may include a bonus percentage above the standard PayPal payout rate as an incentive.
- How to Spend: MoM Cash can ONLY be used to purchase Grail Machine packs, which provide a randomly selected collectible item as described in Section 5. It cannot be used for other products, services, shipping costs, or any purchases outside the Grail Machine.
- No Expiration: MoM Cash does not expire. Your balance will remain available on your account indefinitely, subject to these Terms and applicable law.
- No Fees: We do not charge any dormancy fees, inactivity fees, service fees, or any other periodic fees on your MoM Cash balance.
- Not Redeemable for Cash: Except as required by applicable state law (see Cash Redemption Rights below), MoM Cash is not redeemable for cash, check, credit, or any other form of payment.
- Not Transferable: MoM Cash cannot be transferred to another user, sold, exchanged, gifted, or used as consideration in a trade with another user. It is tied to your account only and represents a closed-loop store credit between you and the Company. Any user-to-user value transfers on the platform (where offered) will be processed exclusively through our third-party payment processor (Stripe and Stripe Connect), not by transferring MoM Cash balances.
- Balance Displayed in Cents: Your MoM Cash balance is tracked internally in cents to ensure accuracy. One hundred (100) cents equals one U.S. dollar ($1.00).
- Anti-Abuse: MoM Cash balances and transactions are subject to our anti-abuse policies. We reserve the right to freeze, reduce, or forfeit MoM Cash balances associated with accounts engaged in manipulation, exploitation of platform features, or violations of these Terms. Frozen balances may be reinstated upon resolution of any investigation.
6.1 Cash Redemption Rights (Applicable State Laws)
Certain U.S. states have laws governing gift certificates and store credit that require us to allow you to redeem your remaining store credit balance for cash when your balance falls below a specified threshold as a result of making a purchase on our platform. A balance that is already below the threshold but has not been reduced by a purchase does not qualify for cash redemption.
If you are a resident of a state with such requirements and your MoM Cash balance is below the applicable threshold after making a purchase, you may request a cash redemption by contacting us or using the redemption feature in your account dashboard.
- California: If your balance is less than $10.00 (or $15.00 on or after April 1, 2026), you may request cash redemption.
- Washington: If your balance is less than $5.00, you may request cash redemption.
- Colorado, Maine, Montana, New Jersey, Oregon: If your balance is less than $5.00, you may request cash redemption.
- Rhode Island, Vermont: If your balance is less than $1.00, you may request cash redemption.
- Massachusetts: You may request cash redemption at any balance amount.
- Other States: If your state has an applicable gift card or store credit cash-back law, you may request redemption if your balance is below your state's threshold. Contact us for specific information about your state.
Cash redemptions are typically paid via PayPal to an email address you provide. If you cannot receive PayPal payments, please contact us to discuss alternative arrangements. Processing may take 3-5 business days after approval.
7. MoM Coins (Rewards Program)
"MoM Coins" is a rewards program that allows you to earn and redeem virtual coins for discounts on Grail Machine purchases.
- Nature of MoM Coins: MoM Coins are promotional rewards with no cash value. They are not currency, store credit, or a stored value instrument.
- Earning Coins: You may earn MoM Coins through various promotional activities, referrals, and other programs as we may offer from time to time.
- Redemption: MoM Coins can be redeemed for discounts on Grail Machine purchases at a rate we determine (e.g., 100 coins = $1.00 discount). The redemption rate may change at our discretion.
- Promotional Nature: MoM Coins are promotional rewards and may be subject to expiration, modification, or discontinuation at our discretion. This is distinct from MoM Cash, which does not expire. We will provide reasonable notice of any material changes to the MoM Coins program.
- Not Redeemable for Cash: MoM Coins cannot be exchanged for cash, MoM Cash, or any other form of payment.
- Not Transferable: MoM Coins cannot be transferred to another user, sold, or exchanged.
- Tradeback Fees: MoM Coins may be required to perform tradebacks beyond the free tier. Coin costs for tradebacks increase with volume within a rolling 24-hour period. When a tradeback requires a coin fee, no coin reward is earned for that tradeback. Fee schedules are subject to change at our discretion.
- Anti-Abuse: MoM Coin balances and transactions are subject to our anti-abuse policies. We reserve the right to freeze, reduce, or forfeit MoM Coin balances associated with accounts engaged in manipulation or exploitation of platform features.
8. Card Trading
Where available and enabled for your account, the Services include a peer-to-peer Card Trading feature allowing eligible users to propose, accept, decline, or cancel trades of collectible items owned through their active bundles on the platform. By participating in trades, you agree to the following terms in addition to the rest of these Terms.
8.1 Trade Mechanics
- Atomic Swap: Trades execute atomically. When both parties accept, all cards on both sides swap ownership in a single transaction. There is no partial accept — a recipient either accepts the entire proposed bundle or declines.
- Trade Caps: Each side of a trade may include between 1 and 10 cards. The Company may adjust these caps at our discretion.
- Both Parties Must Own the Cards at Accept-Time: If any card on either side has been transferred, returned, sold back, or otherwise rendered untradeable between proposal and acceptance, the trade fails and no cards move. This is referred to as a stale-card failure.
- Expiration: Proposed trades automatically expire if not accepted within 24 hours and become invalid.
- Rate Limits: Each user may initiate a limited number of trades within a rolling 7-day window (currently 5). Declined, expired, and failed trades count toward this cap. The Company may adjust this rate limit at our discretion.
- Decline Cooldown: After a recipient declines a trade, the same proposer may not re-propose a trade to the same recipient for a cooldown period (currently 1 hour).
- Cancellation: The proposer may cancel a proposed trade at any time before the recipient accepts. After acceptance, the trade is final and only an administrator force-reverse (described below) can undo it.
- Admin Force-Reverse: The Company reserves the right, in our sole discretion, to reverse a completed trade where we determine the trade resulted from a bug, exploit, fraud, or material violation of these Terms. Reversal restores both sides to their pre-trade state when possible.
8.2 Cards Received via Trade — Final and Non-Returnable
Cards received through a trade are FINAL and may NOT be:
- Returned to the Company via the tradeback feature (Section 5);
- Sold back to the Company via the instant buyback feature, an admin manual buyback offer, or any other buyback mechanism (Section 5);
- Refunded, exchanged, or unwound except through an admin force-reverse as described in Section 8.1.
By accepting a trade, you acknowledge that the cards you receive become permanently part of your collection and your only mechanisms for moving them off your account are: another trade with a different user, shipping the physical card to yourself, or holding indefinitely. You agree that the Company is not obligated to repurchase, accept the return of, or unwind a trade once both parties have accepted.
8.3 Trade-Terms Acknowledgement
Both the proposing user and the accepting user are required to affirmatively acknowledge the trade terms (substantially as set forth in Section 8.1 and 8.2) at the time of proposing and at the time of accepting a trade, respectively. The Company records the time of acknowledgement on the corresponding trade record for audit purposes.
8.4 Trade Fees and Monetary Components
The Company currently offers card-for-card trades at no fee. No real-money or MoM Cash component is included in trades at this time. If we introduce a feature in the future that permits a monetary component to be added to a trade (a "trade sweetener"), such monetary movement will be processed exclusively through our third-party payment processor (Stripe and Stripe Connect), and may be subject to:
- A platform fee taken from the monetary portion;
- Stripe Connect account onboarding by the receiving user, including identity verification;
- Geographic and regulatory restrictions on availability;
- Updated terms specific to that feature, to which users will be required to agree separately.
For the avoidance of doubt: MoM Cash balances cannot be transferred between users as part of a trade (see Section 6).
8.5 Tax Responsibility — Important
Trades between users on the platform are taxable transactions under U.S. federal tax law. You are solely responsible for determining and reporting any tax obligations that arise from your trading activity. Without limiting the foregoing:
- Trades are not like-kind exchanges. Under the Tax Cuts and Jobs Act of 2017, the Internal Revenue Code §1031 like-kind exchange provisions apply only to real property and do not apply to personal property such as collectible cards. Each trade is treated by the IRS as a disposition of the cards you give up and an acquisition of the cards you receive, each at fair market value at the time of the trade.
- Sports cards are "collectibles." Sports cards and similar collectible items are treated as "collectibles" under IRC §408(m). Long-term capital gains on collectibles may be taxed at a federal rate of up to 28%, higher than the standard long-term capital gain rate.
- You are responsible for your own reporting. The Company does not provide tax, legal, or fiscal advice. You should consult your own tax advisor regarding the treatment of trades, buybacks, tradebacks, and related platform activity.
- Information Reporting. The Company reserves the right to issue, and may be required to issue, IRS Form 1099-B (Proceeds From Broker and Barter Exchange Transactions), Form 1099-K (Payment Card and Third Party Network Transactions), and/or other applicable tax information forms to you and to the IRS based on your trading and platform activity, and to require you to provide a valid IRS Form W-9 (Request for Taxpayer Identification Number and Certification) or equivalent before you can continue using affected features. If we determine that information reporting is required, we will notify you and provide reasonable instructions for compliance.
- Records. The Company maintains a record of each completed trade, including the cards involved on each side and the fair market value snapshot at the time of the trade. You may request a copy of your trade history from your account dashboard where available, or by contacting us.
8.6 Trade Discoverability and Trade Display Name
You may control how your tradeable cards appear to other users through the Trade Preferences in your account settings, including the option to disable bundle discovery (preventing your bundle from appearing in public trade browse) and the option to set a trade display name. The display name must comply with our content policies and may be revoked or required to be changed at the Company's discretion.
8.7 Trade Notifications
By proposing, receiving, or otherwise participating in a trade, you consent to receive trade-related notifications from the Company via email, Discord (where you have linked a Discord account), and in-application alerts. You may control email notifications via your Trade Preferences. Discord notifications fire based on your account linkage. The Company is not responsible for delays, failures, or non-delivery of any notification.
8.8 Geographic Restrictions
Card Trading is currently offered only to users physically present in the United States. The Company may restrict trading from specific states, territories, or jurisdictions where applicable law makes the feature impractical to offer. You are responsible for ensuring that your use of trading is lawful in your jurisdiction.
9. Payments and Billing
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide our third-party payment processor (Stripe) with valid payment information. By providing your payment information, you authorize us (through our processor) to charge such payment method for all purchases made through your account. MoM Cash and MoM Coins may be applied to reduce your payment amount for eligible purchases.
Sales Tax. Sales tax will be added to your purchase as required by law, based on your billing or shipping address and the law of the state in which the Service is delivered. We are the merchant of record for our direct sales (grail packs, store items, buybacks, and tradebacks). If we introduce features in the future that facilitate sales between users for monetary consideration, we may act as a marketplace facilitator and collect and remit sales tax on those sales as required by applicable state law. You are solely responsible for any other taxes (including income, capital gains, or use tax) arising from your activity on the platform; see §8.5 for further information about tax responsibility for trades.
9.1 Chargebacks and Disputes
If you initiate a chargeback, payment dispute, or reversal with your card issuer or bank in connection with a transaction on the platform, the Company reserves the right to: (a) suspend or terminate your account pending resolution; (b) freeze related MoM Cash and MoM Coin balances; (c) reverse, claw back, or hold associated card ownership, tradeback, buyback, or trade transactions where possible; (d) recover the disputed amount, together with any associated processing fees, from any balance you hold on the platform or from any payouts otherwise owed to you; and (e) refuse to process future transactions until the dispute is resolved. Filing a chargeback in bad faith or for transactions you in fact authorized is a violation of these Terms.
10. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company.
10.1 Copyright Infringement Notices (DMCA)
We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe content on the Services infringes your copyright, please send a written notice to our designated agent containing:
- A physical or electronic signature of a person authorized to act on behalf of the rights holder;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate it on the Services;
- Your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder.
Designated DMCA Agent: Kenneth Garrett, My Oh My Sports Cards & Collectibles, [mailing address — TBD before publishing], [email protected].
We will respond expeditiously to valid notices and may remove or disable access to the material identified in a notice. We will forward the notice to the user who provided the material. Counter-notifications may be submitted under 17 U.S.C. §512(g) and must include the elements required by that section. We will terminate the accounts of users we determine to be repeat infringers.
10.2 User Content
The Services may permit you to submit content including, without limitation, display names (such as your Trade Display Name described in §8.6), profile images, messages to other users, feedback, suggestions, and other materials ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable license to host, store, display, reproduce, modify (only as needed for formatting or moderation), distribute through the Services, and use your User Content in connection with operating, promoting, and improving the Services. This license terminates a reasonable time after you remove the User Content from the Services, except that we may retain backup copies and any User Content that has already been displayed to or shared with other users.
You represent and warrant that you own or have all necessary rights to your User Content and that it does not infringe any third party's intellectual property, privacy, publicity, or other rights. You may not submit User Content that is unlawful, defamatory, harassing, obscene, deceptive, infringing, threatening, contains personal information of another person without their consent, promotes violence or illegal activity, or that we determine, in our sole discretion, is otherwise objectionable.
We have no obligation to monitor User Content but reserve the right to review, refuse, edit, or remove any User Content at any time, with or without notice, and to suspend or terminate accounts that violate this section.
10.3 Feedback
Any suggestions, ideas, or feedback you submit to us about the Services is non-confidential, and you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose without compensation or attribution.
11. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services (scraping).
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Services.
- To manipulate or exploit the Grail Machine, tradeback, buyback, or any other platform feature to gain an unfair advantage, extract disproportionate value, or deplete available inventory. This includes but is not limited to: systematic tradeback cycling to cherry-pick high-value items, coordinated purchasing to drain card pools, exploiting timing windows or system limitations, or any pattern of activity that we determine, in our sole discretion, to be manipulative or exploitative.
- To circumvent or attempt to circumvent any rate limits, hold limits, volume restrictions, or other safeguards implemented on the platform.
- To engage in money laundering, terrorist financing, sanctions evasion, structuring, fraud, or to disguise the ownership, control, or source of funds, cards, or other assets. You may not use the Services to facilitate any transaction that is unlawful under applicable U.S. federal or state law.
11.1 Remedies for Prohibited Use
If we determine, in our sole discretion, that you have engaged in prohibited uses including manipulation or exploitation of platform features, we reserve the right to: (a) suspend or terminate your account; (b) void, reverse, or claw back transactions deemed exploitative, including refunding purchases and recovering items at their buyback value; (c) freeze or forfeit MoM Cash and MoM Coin balances obtained through, used in, or traceable to the violation; (d) restrict access to specific features; and (e) pursue any other remedies available to us under applicable law. We may take these actions retroactively with respect to past transactions that we determine were exploitative.
11.2 Investigation and Cooperation with Law Enforcement
We reserve the right to investigate any suspected violation of these Terms or any conduct that we reasonably believe is illegal or harms our users, our platform, or third parties. As part of any investigation we may review account activity, transaction history, communications submitted through the Services, IP address logs, device information, and other account data. We may, without prior notice to you, disclose your account information and activity to law enforcement, government agencies, regulators, or other third parties when we believe in good faith that disclosure is required by law, by valid legal process, or is necessary to prevent fraud, protect our rights, or protect the safety of any person.
11.3 Third-Party Services
The Services integrate with or link to services and content provided by third parties, including Stripe (payment processing), Discord (account linking and notifications), Google and Apple (OAuth sign-in), EasyPost (shipping labels), PayPal (buyback payouts), and grading authorities such as PSA and Beckett (population data). Your use of these third-party services is subject to their own terms and privacy policies. We do not control and are not responsible for third-party services or any content, products, errors, or data they provide. We may suspend, change, or discontinue any third-party integration at any time without notice.
12. Disclaimers
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING THE GRAIL MACHINE) IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13.1 Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by events outside our reasonable control, including but not limited to acts of God, severe weather, fire, flood, earthquake, pandemic or public health emergency, war or civil unrest, acts of government or regulatory authority, labor disputes or strikes (including those affecting carriers such as USPS, UPS, FedEx, or our fulfillment partners), shortages of supplies or transportation, internet or telecommunications failures, failures of payment processors, hosting providers, or other third-party service providers, cyberattacks, or any similar event. In the event of a force majeure delay we will use commercially reasonable efforts to resume performance as soon as practicable.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
15. Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in Yakima County and the City of Yakima. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15.1 Informal Dispute Resolution Before Filing
Before initiating any legal action arising out of or relating to these Terms or the Services, you agree to first send written notice to [email protected] describing the nature of your claim, the specific relief sought, and your contact information. We will send any corresponding notice to the email address on your account. Both parties agree to attempt in good faith to resolve the dispute within sixty (60) days of the responding party's receipt of the notice. The applicable statute of limitations and any filing-fee deadlines will be tolled during this informal resolution period. Only after this period expires without resolution may either party commence a formal proceeding. This requirement does not apply to claims that may be filed in small-claims court within its jurisdictional limits, nor does it limit either party's right to seek injunctive or other equitable relief in court for emergency relief.
16. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and My Oh My Sports Cards & Collectibles regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
17.1 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempted assignment without our consent is void. We may freely assign or transfer these Terms and our rights and obligations to a successor in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law, and these Terms will bind our and your respective successors and permitted assigns.
17.2 Survival
Any provisions of these Terms that by their nature should survive termination — including, without limitation, intellectual property rights (§10), User Content license (§10.2), trade tax responsibility (§8.5), disclaimers (§12), limitation of liability (§13), force majeure (§13.1), indemnification (§14), governing law and jurisdiction (§15), informal dispute resolution (§15.1), and any notices obligations — will survive any termination of your account or of these Terms.
18. Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].
For questions specifically about these Terms of Service, please contact us via email or at the postal address provided in our Privacy Policy.
18.1 Notices
We will give you notice under these Terms through one or more of the following: (a) email sent to the address associated with your account, (b) in-application notification, (c) Discord direct message (where you have linked a Discord account), or (d) posting on the Services. Any such notice is effective when sent. You will give us notice by email to [email protected] (or by certified mail to the postal address listed in our Privacy Policy for matters requiring written notice). You consent to receive notices and other communications from us electronically.
