Agreement between User and GoldMedalSportsCards.com
Welcome to GoldMedalSportsCards.com. The GoldMedalSportsCards.com website (the “Site”) is comprised of various web pages operated by Gold Medal Sports Cards. GoldMedalSportsCards.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of GoldMedalSportsCards.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
GoldMedalSportsCards.com is an E-Commerce Site.
We sell sports cards, including case and box breaks. All products are authentic and unaltered to the best of our knowledge.
Visiting GoldMedalSportsCards.com or sending emails to Gold Medal Sports Cards 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.
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 Gold Medal Sports Cards is not responsible for third party access to your account that results from theft or misappropriation of your account. Gold Medal Sports Cards 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
Gold Medal Sports Cards 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 GoldMedalSportsCards.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
GoldMedalSportsCards.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gold Medal Sports Cards and Gold Medal Sports Cards 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. Gold Medal Sports Cards is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gold Medal Sports Cards of the site or any association with its operators.
Certain services made available via GoldMedalSportsCards.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the GoldMedalSportsCards.com domain, you hereby acknowledge and consent that Gold Medal Sports Cards may share such information and data with any third party with whom Gold Medal Sports Cards has a contractual relationship to provide the requested product, service or functionality on behalf of GoldMedalSportsCards.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 Gold Medal Sports Cards 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. Gold Medal Sports Cards 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 Gold Medal Sports Cards 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 Gold Medal Sports Cards or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Gold Medal Sports Cards 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 Gold Medal Sports Cards Content accessed through GoldMedalSportsCards.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Gold Medal Sports Cards, 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. Gold Medal Sports Cards 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 Gold Medal Sports Cards in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gold Medal Sports Cards 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.
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. GOLD MEDAL SPORTS CARDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GOLD MEDAL SPORTS CARDS 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. GOLD MEDAL SPORTS CARDS 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.
Gold Medal Sports Cards 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 Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida 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 Gold Medal Sports Cards as a result of this agreement or use of the Site. Gold Medal Sports Cards’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gold Medal Sports Cards’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 Gold Medal Sports Cards 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 Gold Medal Sports Cards with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gold Medal Sports Cards 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
Gold Medal Sports Cards reserves the right, in its sole discretion, to change the Terms under which GoldMedalSportsCards.com is offered. The most current version of the Terms will supersede all previous versions. Gold Medal Sports Cards encourages you to periodically review the Terms to stay informed of our updates.
Gold Medal Sports Cards Box and Case Break Terms and Conditions
NO REFUNDS WILL BE GIVEN AFTER A BREAK. BY PURCHASING A SPOT IN A BREAK YOU ACKNOWLEDGE AND ACCEPT THE POSSIBILITY THAT YOU MAY RECEIVE NOTHING FROM A BREAK. YOU WAIVE ANY CLAIM FOR A REFUND AFTER A BREAK HAS TAKEN PLACE, WHETHER YOU RECEIVE ANY ITEMS IN THE BREAK OR NOT. DO NOT PURCHASE A BREAK SPOT WITH US IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
A box or case break is when a box or case of sports cards is divided up among collectors who purchase the opportunity to receive the cards of a certain team, player,league division, or other factor depending on the style of that particular break (Pick Your Team, Pick Your Division, Random Teams, etc.)
At the designated date and time, the box or case is opened by us, and livestreamed on Facebook, Youtube, or our website, so collectors can see the cards that they will receive and can experience the fun and enjoyment as if they were opening the product themselves. The break is also recorded for the peace of mind of the collectors, so that they can be assured of what cards are actually pulled from the break.
Breaks are subject to postponement based on a number of factors. Sometimes products are delayed from the original release date by the manufacturer, shipping issues may delay our receipt of the product, acts of God, etc. We also reserve the right to delay a break if all or a certain percentage of spots in the break are not purchased by that date. We will always try to break on or as close to the announced break date as possible. If a break does not occur within 10 days of the announced break date, we will be happy to issue a refund if requested. We will not issue refunds 24 hours or less before a break is to occur, as withdrawing so close to the break disrupts the timing of the break for other collectors.
The stream/video of a break will be broadcast on an online platform that will be announced ahead of time. We will make every effort for the stream to broadcast in real time. If the stream experiences technical issues that prevent it from being streamed live, we will post the recorded video as soon as possible.
We want to be as transparent as possible with our breaks so that you, the collector, always feel like you have been treated fairly. Please let us know if you ever have any issues with the way our breaks are conducted so that we may improve upon them.
In some breaks, all cards that come out of the box or case are shipped. In other breaks, only “hits” ship. The information for a particular break will indicate if all cards, or only “hits” ship to the buyer.
A “hit” is considered to be:
- Relic Cards – Player worn or game-used Jersey/Bat/Helmet, manufactured relics (Topps medallion cards) etc.
- Numbered cards (ex. 5/50 printed) in any set where base cards are not numbered.
- Redemption cards for autographs, relics, etc.
- In some cases, inserts or subsets in lower-end breaks may be considered hits.
- Other cards may or not be considered “hits” in a specific break. We try to specify in each break what these cards might be.
In some cases cards may feature more than one player, from different teams. If any break participant does not own a majority percentage of the players or teams shown on the card, then the participant’s names (or teams) will be entered on Random.org into a random drawing to determine who will receive the card. For example, if a card features a player each from the Yankees and Red Sox and the same person does not own both of those team spots in the break, both the of the owners names will be entered into the random drawing on Random.org. The winner of that drawing will receive the card. Another example: a card features a player each from the Pirates, Reds, and Mets. If no one owns more than one of the team spots, the three owner names will go into the drawing on Random.org and the winner determined. If the same person owns 2 of those 3 teams, they own a majority of the teams shown, so they would receive the card without need for a random drawing. Random.org is the standard website used by most breakers for this type of arrangement, and is a trusted website. All results from these drawings are final, and they will not be run again.
A player is considered to be a member of the team that is listed on the front of the card, even if the player now plays for another team. For example, if a baseball card shows Mookie Betts as a member of the Red Sox, the owner of the Red Sox in the break will receive that card, even though Betts now plays for the Dodgers. This is based on the name of the team listed on the front of the card, not the uniform they may be wearing in the picture on the front of the card. If there is any question as to what team a player belongs to for the purposes of a break, we will refer to groupbreakchecklists.com to determine the team. These determinations will be final.
The main point to understand about a break is that there is the possibility that you will receive nothing from the break. The cards in the boxes and cases are inserted randomly by the manufacturer, so there are are no guarantees stated or implied that you will receive any particular cards, or any cards at all. You are not purchasing the box or case listed in the break, you are only purchasing the chance to receive cards. As stated before, NO REFUNDS WILL BE GIVEN AFTER A BREAK. BY PURCHASING A SPOT IN A BREAK YOU ACKNOWLEDGE AND ACCEPT THE POSSIBILITY THAT YOU MAY RECEIVE NOTHING FROM A BREAK. YOU WAIVE ANY CLAIM FOR A REFUND AFTER A BREAK HAS TAKEN PLACE, WHETHER YOU RECEIVE ANY ITEMS IN THE BREAK OR NOT.
These Terms and Conditions may be revised at any time.
Gold Medal Sports Cards welcomes your questions or comments regarding the Terms:
Effective as of April 11, 2019