CardTarget Market User Agreement The CardTarget Market is a transparent marketplace dedicated to safe trading of collectables. The CardTarget Market allows users of the CardTarget website to buy and sell sports collectables. Buyers and sellers are matched through direct placement of buy and sell orders or through an open auction. Once a buyer and a seller are matched, the transaction is facilitated upon receipt of payment. Portfolio eTopps transactions are consumated through a private eTopps interface and in accordance with the eTopps Terms and Conditions. All eTopps portfolio transactions are completed in a fully automated format. Non-Portfolio transactions for eTopps cards or transactions for any other item are handled by mail. You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the CardTarget Market. Market Eligibility CardTarget Market services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Personal Portfolios You accept full responsibility for monitoring and safeguarding your CardTarget Account. You will immediately notify CardTarget in writing, sent by e-mail and certified mail/return receipt requested, if you become aware of any loss, theft or unauthorized use of your password or account; or any failure by you to receive a message, from CardTarget, indicating that an order was received; or any failure by you to receive an accurate written confirmation of an order; or any receipt by you of confirmation of an order which you did not place; or any inaccurate information in your Portfolio balances or transaction history. If you fail to notify CardTarget immediately upon your knowledge when any of the above conditions occur, neither CardTarget nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall CardTarget or anyone involved in creating, producing, delivering or managing CardTarget's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use or inability to use the service, or for any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, CardTarget's liability shall not include any hypothetical gains or losses. The use and storage of any information, including, without limitation, the password, Portfolio information, transaction activity and any other information or orders on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Web Site or related services, and for all communications service fees and charges incurred by you in accessing the Web Site or related services. eTopps Seller and Buyer Eligibility A buyer or seller of Portfolio eTopps cards must register both at least one eTopps username & password to participate in the Portfolio eTopps section of the CardTarget Market. When entering an order, the buyer/seller will be asked to select the appropriate eTopps username to facilitate sale of the card. In order to receive payment via PayPal for their sold cards, sellers must have a verified PayPal account. Sales Agreement and Fee Structure for Portfolio eTopps Cards Upon the matching of a buy order with a sell order, the users entering those orders enter into a binding agreement to proceed with the transaction at the matched price. The seller in the transaction is obligated to pay 6% of the transaction to CardTarget. This obligation is lowered to 4.5% if the user is a current subscriber to a CardTarget Statistics or Advanced Service, 4% if the user is a current subscriber to the Silver service, and 3.5% if the user is a subscriber to the Gold Service. The buyer never pays a fee on the CardTarget Market. The minimum percentage fee to be charged on any portfolio eTopps transaction is $.05. Each transaction in the marketplace is also subject a $.10 transfer fee. This fee is lowered to $.05 per transaction for advanced services users and is waived for Gold Service members. Sales Agreement and Fee Structure for "In-Hand" Transactions Upon the matching of a buy order with a sell order or the successful completion of an auction, the buyer and seller enter into a binding agreement to proceed with the transaction at the matched price. The seller in the transaction is obligated to pay 8.5% of the transaction to CardTarget. This obligation is lowered to 7% if the user is a current subscriber to a CardTarget Statistics or Advanced Service, 6.5% if the user is a current subscriber to the Silver service, and 6% if the user is a subscriber to the Gold Service. The buyer never pays a fee on the CardTarget Market. The minimum percentage fee to be charged on any In-Hand transaction is $.25. Additional fees for certain services are as follows: Listing of a 30 fixed price listing: $.05 Listing of a GTC (good 'til cancelled) fixed price listing: $.50 Automatic relisting of an auction or listing: $.05 per relist Shipping and Insurance Costs CardTarget pays a fee for accepting credit card payments. The amount collected from buyers in the marketplace for shipping and insurance are subject to a 6% fee to pay for the credit card fees. The remainder is reimbursed to the seller for the shipping and insurance costs. Receiving Payment Upon matching a "buy" order with a "sell" order in the CardTarget Market, CardTarget will attempt to collect payment from the purchasing party. If the purchaser's CardTarget account contains the required funds, they are automatically withdrawn from the user's account and placed into a CardTarget holding account. If the funds are not immediately available the user is required to fund their account for at least the amount owed no later than midnight of the second day after the purchase. For example, for a purchase made on the 14th of the month at any time during the day (midnight to midnight), payment will be due no later than 11:59 PM EST on the 16th of the month. Should the user fail to sufficiently fund their account during that time period, the transaction is cancelled and the buyer and seller are informed. Any user not making payment for matched orders will receive a strike on their account which may restrict their ability to place orders in the future. Credit Card Processing CardTarget maintains user credit card information in order to facilitate transactions through the CardTarget Market. A user's Credit Card will not automatically be charged for sales made. Users must process credit card transactions through the account balance page in order for the credit card payment to be made. If a matched order has not been paid for by the time payment is due, a user's credit card will be charged for the outstanding balance on the account with a minimum charge of $20. Seller Shipping Responsibility Sellers in the CardTarget Marketplace for non-Portfolio items are required to ship sold items within 72 hours of receiving payment. If the seller is unable to ship the item within this timeframe for any reason they are required to cancel the transactions as soon as possible. Sellers are not able to cancel auction transactions and will receive negative feedback if an auction is unable to be shipped for any reason. Sellers found to be abusing this feature will be removed from the marketplace. Buyer Receipt Responsibility Buyers in the CardTarget Marketplace have a responsibility upon receiving an order in the mail. Many of our sellers receive payment for their item only upon the buyer leaving feedback. When a buyer receives an item they have the responsibility to look over the item and leave appropriate feedback as soon as possible. If the item is not as described and a return is necessary the buyer must request a return within 24 hours of receiving the item. The buyer is responsible for return shipping of the item being returned to the seller but will receive a full refund of the price paid. In addition to completing each transaction, this process will add the item to the buyer's inventory automatically for easy tracking of the item in the future. Payment Processing Immediate account funding is available by Visa, Mastercard, American Express, Discover, PayPal payment service (https://www.paypal.com/), and Google Checkout (http://www.google.com/checkout/). Only PayPal payments from verified accounts will be accepted. Funding attempts made using non-verified PayPal accounts will be denied. eCheck payments will not be credited to the user's CardTarget account until they have cleared (PayPal requires 4 business days). PayPal eChecks cannot be used to pay for items after an order is matched because the eCheck would not clear within the alloted payment window. eChecks should only be used for initial account funding. When paying by credit card (directly or through PayPal) there is a $20 minimum funding amount. Funding requests paid by credit card under $20 will be refunded and will not be credited to the user's account. Returned Payments In the event that any payment made to CardTarget is returned as a fraudulent, unauthorized, or otherwise non-accepted payment, the account of the user submitting the payment will be placed into a suspended mode and the user will be contacted with information as to how to remedy the situation. eTopps Holding Services CardTarget provides a limited money holding service between the sale of the card and the receipt of the card by the purchaser. Should problems arise during a transaction (due to the fault of eBay, eTopps, or CardTarget, or the seller) funds will be returned to the purchaser and the card will not be transferred. The transaction will be canceled. Payout Processing Account balances in a CardTarget Market account may be withdrawn at any point to any PayPal account (balance transfer) except under the following circumstances: Accounts funded with a credit card where the balance has only been partially used in the CardTarget Market will be required to pay the credit card processing fee associated with the transaction. Alternatively, CardTarget may elect to refund partial or full payments made to our paypal credit card address as an alternative to direct payment of withdrawals. Requests can be made for a withdrawal via check. Withdrawals under $500 by check will be charged a $5 check processing fee and should be received within 2 weeks. Automated Services All CardTarget market portfolio transaction services are automated. All eTopps passwords, eBay passwords, and Credit Card Numbers are stored in an encrypted database and decrypted only to facilitate authorized transactions. Should problems arise it is possible that a CardTarget staff member may need to use these passwords to facilitate the transaction or investigate a problem. Users of this system authorize CardTarget staff members to log into their eBay or eTopps account should manual investigation become necessary for only those purposes related to investigating the specific transaction. Notifications When an order is matched, three emails are sent to the buyer and the seller indicating the process of the sale. The first e-mail shall indicate that the sale has occured and that CardTarget is awaiting payment. The second e-mail occurs when payment is made and card is transferred or ready for mailing. The third e-mail occurs when the card is successfully transferred and payment is moved from the escrow account into the sellers account. It is each user's responsibility to maintain a valid e-mail address on file with their CardTarget account and to check this e-mail regularly. Receipt of payment for mailed cards Sellers in the CardTarget Marketplace for mailed items will receive payment into their CardTarget account when the order is received and acknowledged by the purchaser until they have completed ten transactions. After ten transactions the seller will receive payment when the item is marked as "shipped". If the seller receives negative feedback or otherwise is deemed by CardTarget staff to be a higher risk seller, payment for transactions will only be received when items sold are received and acknowledged by the purchaser. Receiving Transferred eTopps Cards Portfolio eTopps cards are transferred via a proprietary interface with eTopps.com. The buyer and seller will be able to view their CardTarget transfer history in both their eTopps.com account and their CardTarget account.folio. All CardTarget Market Portfolio eTopps transactions are considered completed upon transfer of the card(s) from the seller's eTopps account to the buyer's eTopps account. eTopps Terms and Conditions Each eTopps Portfolio transaction via the CardTarget Market is subject to the eTopps.com website Terms and Conditions. These Terms and Conditions are available on the eTopps.com website and are subject to change at any time by the Topps corporation. By entering a sell order in the CardTarget market, sellers are agreeing to the eTopps Terms and Conditions. CardTarget Staff Market Usage Members of the CardTarget staff actively take part in the transparent marketplace provided by CardTarget. Staff members must pay the standard fees for transactions and must use their real name at all times. Fraud Without limiting any other remedies, CardTarget may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the CardTarget Market. Manipulation Users may not actively manipulate the price of any item nor may you interfere with other user's listings. Active manipulation, including the practice of rapidly creating and cancelling orders, creating orders not intended to be filled, or shill bidding of any kind, will result in the suspension or removal of a users CardTarget Market privelidges. General This Agreement shall be governed in all respects by the laws of the Commonweath of Virginia as such laws are applied to agreements entered into and to be performed entirely within Virginia between Virginia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CardTarget in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Change This agreement is subject to change at any time and for any reason by Card Target LLC. Users of the CardTarget Market will have to re-agree to any changes made to this agreement before the changes become binding upon them.