Terms & Conditions
Agreement between User and www.pokemysterypacks.com
Welcome to www.pokemysterypacks.com. The www.pokemysterypacks.com website (the
"Site") is comprised of various web pages operated by Poke Mystery Packs.
www.pokemysterypacks.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.pokemysterypacks.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.pokemysterypacks.com is an E-Commerce Site.
Selling custom mystery Pokemon Trading Card packs
Privacy
Your use of www.pokemysterypacks.com is subject to Poke Mystery Packs's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting www.pokemysterypacks.com or sending emails to Poke Mystery Packs 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 and on the 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 Poke Mystery Packs is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Poke Mystery Packs and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Poke Mystery Packs does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.pokemysterypacks.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
No refunds currently
Links to Third Party Sites/Third Party Services
www.pokemysterypacks.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Poke Mystery Packs and Poke Mystery Packs 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. Poke Mystery Packs is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Poke Mystery Packs of the site or any association with its operators.
Certain services made available via www.pokemysterypacks.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.pokemysterypacks.com domain, you hereby acknowledge and consent that Poke Mystery
Packs may share such information and data with any third party with whom Poke Mystery Packs
has a contractual relationship to provide the requested product, service or functionality on behalf of
www.pokemysterypacks.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.pokemysterypacks.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Poke Mystery Packs that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which 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 Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Poke Mystery Packs 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.
Poke Mystery Packs content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Poke Mystery Packs and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Poke Mystery Packs or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by Poke Mystery Packs from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Poke Mystery Packs
Content accessed through www.pokemysterypacks.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Poke Mystery Packs, 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 any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Poke Mystery Packs 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 will fully
cooperate with Poke Mystery Packs in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. POKE MYSTERY PACKS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POKE MYSTERY PACKS 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.
POKE MYSTERY PACKS AND/OR ITS SUPPLIERS HEREBY 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
SHALL POKE MYSTERY PACKS 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 POKE MYSTERY PACKS 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 THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Poke Mystery Packs reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Poke Mystery Packs as a result of this agreement or use of the Site. Poke Mystery
Packs's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Poke Mystery Packs's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Poke Mystery Packs with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Poke Mystery Packs with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Poke
Mystery Packs with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Poke Mystery Packs reserves the right, in its sole discretion, to change the Terms under which
www.pokemysterypacks.com is offered. The most current version of the Terms will supersede all
previous versions. Poke Mystery Packs encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Poke Mystery Packs welcomes your questions or comments regarding the Terms:
Poke Mystery Packs
Email Address:
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Effective as of September 17, 2023