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• Use of the Live Box Breaks by Premier Sites
• Content Submission
• Third Party Sites
• Order Acceptance and Billing
• Pricing Information
• Promotional Codes
• Shipping and Delivery
• Information Provided on the Live Box Breaks by Premier Sites
• Gift Cards
• Intellectual Property
• Limitations of Liability
• Procedure for Making a Claim of Copyright Infringement
Welcome to the family of websites provided by Live Box Breaks by Premier, premierboxbreaks.com, and Premier Sports Cards & Memorabilia, LLC (collectively, “Live Box Breaks by Premier”). This Agreement applies to all of the websites where it is posted (collectively “Live Box Breaks by Premier Sites”). By using one of the Live Box Breaks by Premier Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Live Box Breaks by Premier Sites and may be found at the place where the relevant service is offered.
We may change the terms of this Agreement from time to time. By continuing to use any of the Live Box Breaks by Premier Sites after we post any such changes, you accept the Agreement, as modified.
2. USE OF THE LIVE BOX BREAKS BY PREMIER SITES | AGE REQUIREMENTS
You certify that the information you provide on the Live Box Breaks by Premier Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Live Box Breaks by Premier immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Live Box Breaks by Premier Sites, or any portion of the Live Box Breaks by Premier Sites, at any time without notice.
By placing your order you understand there is no guarantee of any particular cards with your purchase from the particular “Break”. When participating in “Live Box Breaks” You ARE NOT purchasing a full box of cards or any guarantee of any particular cards whatsoever unless the description specifically states.
Premierboxbreaks.com (Live Box Breaks by Premier) is a membership site. As a member you are entitled to members only content and to downloadable checklist and/or product data after each purchase made on the site, free member breaks, member cashback rewards, and member break rewards points. All members that make a purchase on “Live
Box Breaks by Premier Sites” will receive a slot in one of our "Hitless Breaks" at our discretion and a shipment of at least one card, once
a month regardless of whether any hits are received in the “Breaks” by request. These cards are voluntarily donated to local charities if you do not claim them via request for shipment. These shipments are not on any particular
date but rather once during any given 30 day period in which purchases were
made on the site. The cards are selected from our personal collection at random
and are not from any particular sport or collectible series. If you feel you
did not receive your shipment during any month please contact us immediately so
we may resolve.
Live Box Breaks by Premier and its affiliates have no liability to you for content on the Live Box Breaks by Premier Sites that you find offensive, indecent, or objectionable. Certain products are labeled with age restrictions and may be intended for mature audiences only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Live Box Breaks by Premier Sites only with involvement of a parent or guardian. Individuals may use the Live Box Breaks by Premier Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
• Violating or attempting to violate the security of the Live Box Breaks by Premier Sites;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Live Box Breaks by Premier Sites; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Live Box Breaks by Premier or other third party web browsers) to navigate or search the Live Box Breaks by Premier Sites.
3. CONTENT SUBMISSION
Live Box Breaks by Premier allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Live Box Breaks by Premier Sites (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity. Live Box Breaks by Premier does not condone negative online comments about its members, manufacturer’s, or other “Breakers” and/or Breaker communities. We reserve the right to remove any posts we deem inappropriate.
A. License Grant for Submitted Content
If you make any submission to the Live Box Breaks by Premier Sites, you automatically grant, or warrant that the owner of such content has expressly granted Live Box Breaks by Premier, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Live Box Breaks by Premier may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Live Box Breaks by Premier is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Live Box Breaks by Premier the right to use the name that you submit in connection with any Content.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
a) Content that is false, inaccurate, or misleading;
b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c) Content that violates any local, state, federal, or international laws;
d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Live Box Breaks by Premier in its sole discretion;
f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Live Box Breaks by Premier;
g) Chain letters or pyramid schemes;
h) Content that impersonates another business, person or entity, including Live Box Breaks by Premier, its related entities, employees and agents;
i) Content that contains viruses or other harmful computer code;
j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k) Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Live Box Breaks by Premier in writing; or
l) Content that violates any policy posted on the Live Box Breaks by Premier Sites, or interferes with the use of the Live Box Breaks by Premier Sites by others.
Although Live Box Breaks by Premier cannot monitor all Content, you understand that Live Box Breaks by Premier shall have the right, but not the obligation, to monitor the Content of the Live Box Breaks by Premier Sites to determine compliance with this Agreement and any other operating rules that may be established by Live Box Breaks by Premier from time to time. Live Box Breaks by Premier shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Live Box Breaks by Premier Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Live Box Breaks by Premier and its affiliates for all claims resulting from any Content you submit.
4. THIRD PARTY SITES & LINKS: PAYPAL, EBAY, AMAZON & OTHER AFFILIATE LINKS
References on Live Box Breaks by Premier Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Live Box Breaks by Premier is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Live Box Breaks by Premier Site is at your own risk and will be governed by such third party's terms and policies.
Premierboxbreaks.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com
Premierboxbreaks.com is a participant in the eBay Partner Network aka “EPN”, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to eBay.com
5. ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department (STRIPE). If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Live Box Breaks by Premier may request a preauthorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
Live Box Breaks by Premier reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied. Live Box Breaks by Premier also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Live Box Breaks by Premier for the purpose of engaging in a commercial sale of that same product(s) with a third party.
6. PRICING INFORMATION
Live Box Breaks by Premier cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Live Box Breaks by Premier Sites or through Live Box Breaks by Premier vendors. Live Box Breaks by Premier reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Live Box Breaks by Premier. Live Box Breaks by Premier may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Live Box Breaks by Premier Sites or from prices available in Live Box Breaks by Premier stores or on Live Box Breaks by Premier mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
7. PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. SHIPPING AND DELIVERY
Delivery of items purchased from the Live Box Breaks by Premier Sites to addresses outside the United States is limited. Some items also have restricted delivery within the United States. For delivery restrictions, please review our shipping terms. Some items are available for pick up at our store locations. Delivery times are determined and based on the method of shipping chosen when items are purchased and the destination of the items. Some items on “Pre-sell” will have delayed shipping due to manufactures ship dates. Live Box Breaks by Premier is not responsible for these changes or delays.
9. INFORMATION PROVIDED ON THE LIVE BOX BREAKS BY PREMIER SITES
Live Box Breaks by Premier and our customers post a variety of material on the Live Box Breaks by Premier Sites including without limitation, merchandise information, product descriptions, reviews, comments, and In Store Now information (collectively, “Materials”). The Materials that appear on the Live Box Breaks by Premier Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Live Box Breaks by Premier Sites, you should confirm any facts that are important to your decision. Live Box Breaks by Premier and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Live Box Breaks by Premier Sites. Live Box Breaks by Premier is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Live Box Breaks by Premier Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return, such as opened breaks or opened boxes).
LIVE BOX BREAKS BY PREMIER, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE LIVE BOX BREAKS BY PREMIER SITES.
10. GIFT CARDS
The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
11. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Live Box Breaks by Premier, one of its affiliates or by third parties who have licensed their materials to Live Box Breaks by Premier and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Live Box Breaks by Premier Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Live Box Breaks by Premier Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Live Box Breaks by Premier Sites or any related software. All software used on the Live Box Breaks by Premier Sites is the property of Live Box Breaks by Premier or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Live Box Breaks by Premier Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Live Box Breaks by Premier Sites is the exclusive property of Live Box Breaks by Premier and is also protected by U.S. and international copyright laws.
Live Box Breaks by Premier, Live Box Breaks by Premier, the Live Box Breaks by Premierboxbreaks.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Live Box Breaks by Premier Sites are trademarks or trade dress of Live Box Breaks by Premier in the U.S. and other countries. All other marks are the property of their respective companies. We have no affiliation with nor are we endorsed by the NFL, NBA, MLB, UFC, ESPN, CBS, FOX, ABC, CNN and/or any other 3rd party RSS feeds. Again, these are the property of their respective companies/owners.
You agree to defend, indemnify, and hold harmless Live Box Breaks by Premier and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Live Box Breaks by Premier Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Live Box Breaks by Premier. You may terminate this Agreement at any time, provided that you discontinue any further use of the Live Box Breaks by Premier Sites. Live Box Breaks by Premier also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Live Box Breaks by Premier Sites, if in Live Box Breaks by Premier’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Live Box Breaks by Premier, you must promptly destroy all materials downloaded or otherwise obtained from the Live Box Breaks by Premier Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Live Box Breaks by Premier Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Live Box Breaks by Premier Sites,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
THIS SITE IS PROVIDED BY LIVE BOX BREAKS BY PREMIER ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIVE BOX BREAKS BY PREMIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LIVE BOX BREAKS BY PREMIER SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LIVE BOX BREAKS BY PREMIER SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIVE BOX BREAKS BY PREMIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LIVE BOX BREAKS BY PREMIER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE LIVE BOX BREAKS BY PREMIER SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES, THAT YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LIVE BOX BREAKS BY PREMIER OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LIVE BOX BREAKS BY PREMIER SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LIVE BOX BREAKS BY PREMIER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL LIVE BOX BREAKS BY PREMIER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Live Box Breaks by Premier to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Live Box Breaks by Premier's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Wyoming law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Live Box Breaks by Premier Sites must be brought in the state or federal courts of Wyoming and you consent to the exclusive personal jurisdiction of such courts.
18. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Live Box Breaks by Premier Sites in a way that constitutes copyright infringement, please email us for instructions on how to report possible copyright infringement.
Last updated on October 28, 2016.
© 2014-16 Live Box Breaks by Premier. All Rights Reserved | Premier Sports Ent.