Real Time Market Diary    eTopps   841.14   -1.60   -0.19%    Baseball   791.33   -1.82   -0.23%    Classics   879.95   -0.26   -0.03%
       Football   1081.99   1.36   0.13%    Basketball   607.46   -5.17   -0.84%    Allen & Ginter   2211.33   0.05   0.00%



 
       

   
 
 
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CardTarget Market User Agreement

The CardTarget Market is a transparent marketplace dedicated to safe trading of internet collectables. The CardTarget Market allows users of the CardTarget website to place buy and sell orders at their own preset prices to purchase shares in memorabilia and eTopps cards. Once a buyer and a seller are matched, the transaction is facilitated upon receipt of payment. CardTarget share transactions are consumated immediately through CardTarget. eTopps transactions are consumated through the eTopps trade post or on eBay in accordance with the eTopps Terms and Conditions. All transactions are completed in a fully automated format.

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.

Initial Product Offerings (IPO)
The CardTarget Market offers for sale a share in the ownership of a memorabilia item. All items will be in the possession of CardTarget before the IPO period begins. All shares will be initially sold for $10 and are available from CardTarget exclusively on the Internet. For each IPO, CardTarget will (in its sole discretion) determine the quantity of shares to be sold and the quantity it will offer for sale.

Each product will be available to be ordered for purchase only during a predetermined ordering period (the "ordering window") which typically will be for approximately seven (7) days or until the shares of the product are sold out. CardTarget reserves the right (in its sole discretion) to change the time period of any ordering window, either prior to or after the window has opened. CardTarget also reserves the right to cancel an IPO at any point in the IPO process before the IPO window has closed. In the event of an IPO cancellation, all purchased shares will be returned to CardTarget and all funds will be returned to the purchasing account.

Either at or prior to the opening of the ordering window, CardTarget will announce the quantity of each IPO that it will sell. CardTarget will not sell more than the quantity announced for a particular IPO.

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.

IPO Purchase Format
Upon commencement of the IPO ordering window, each user will be allowed to purchase any number of shares in an item up to a pre-selected number per day. In order to allow all users a chance to purchase shares, the daily limit will be in place for the first three days of the IPO sale. On the fourth day of the IPO sale, the share limit may be raised or removed altogether. All share purchases at IPO are final with the exception of "auto-purchases" as noted below.

"Trusted Dealer" Program
Some IPO processes may be named as a "pre-sale" IPO processes. This means that the card is being brought to the marketplace owners by a trusted source, but that CardTarget does not have the card in their possession until after the IPO window is closed and payment has been sent to the current card owner. In this case, the secondary marketplace for the IPO will not open until the card has been received and verified by CardTarget. In the event that the card does not arrive safely or in the same condition as sold during IPO, the IPO will be cancelled and all payments will be refunded to the purchasing account.

Auto-Purchase Program
CardTarget may at any point institute an auto-purchase plan where a user may sign up to automatically receive a certain number of shares in each IPO as it is issued. The users will be guaranteed to receive the number of shares that they have registered for. However, at any time until the closing of the IPO window or until an item sells out, the user may contact CardTarget to return their shares and receive a refund on the price paid if they find that the item is not to their liking. After the IPO window closes or the item is sold out, all purchases are final.

Personal Portfolios
All shares owned in the CardTarget Market must be kept in your Portfolio. Your Portfolio will include the shares you purchased from CardTarget through an IPO, and also those purchased through the Secondary Market from other CardTarget members. Through your Portfolio, you will have password-protected access to an electronic account of your holdings and related information.

At present, there is no charge to create or maintain a Portfolio on the Web Site. However, CardTarget reserves the right, in its sole discretion, and at any time, to impose a fee or fees, and to change those fees, for storage expenses and/or the creation and maintenance of a Portfolio on the Web Site.

In addition, CardTarget may, in its sole discretion, for any reason or for no reason, and at any time, either cancel the account of any particular user/account holder, or cancel the CardTarget shares program altogether. In either event, CardTarget shall notify the affected user/account holders promptly.

Any shares mistakenly or inadvertently deposited into one's Portfolio will be subject to removal at CardTarget's discretion. CardTarget further reserves the right, at its sole discretion, to remove cards from one's Personal Portfolio it deems to have been acquired by fraudulent means.

You accept full responsibility for monitoring and safeguarding your Portfolio. 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 Portfolio; 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 eTopps cards must register both at least one eTopps username & password and at least one eBay username & password in order to be eligible to participate in the eTopps section of the CardTarget Market. When entering an order, the buyer/seller will be asked to select the appropriate eTopps and eBay usernames 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
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 transaction is $.05. Each transaction in the marketplace is also subject a $.10 transfer fee for using the eTopps Tradepost. This fee is lowered to $.05 per transaction for advanced services users and is waived for Gold Service members.

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.

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 cards after a "buy" order is matched because they 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. If an alternative payment is not received by CardTarget within 90 days, CardTarget reserves the right to sell any shares purchased using the returned payment, and any other necessary shares, to recoup all losses suffered.

eTopps Escrow Services
CardTarget provides a limited escrow service between the sale of the card and the verification of card transfer from the seller account. Should problems arise during a transaction (due to the fault of eBay, eTopps, or CardTarget) funds will be returned to the purchaser and the card will not be transferred from the seller account. The transaction will be cancelled.

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.

Users requesting a withdrawal via PayPal who do not have a personal account may be charged a payment processing fee by PayPal. Users are encouraged to withdraw funds to a verified personal account in order to avoid these additional fees.

Requests can also 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 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 the transfer or auction is being created. 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.

eTopps Seller Eligibility
In order to be a valid seller of eTopps cards through CardTarget, users must have an eBay seller account. This account must be both registered on CardTarget and registered in one of the user's eTopps accounts that are registered on Cardtarget. If an order is not able to be transferred via the eTopps Tradepost, an auction will be launched with the seller's eBay ID and will be bid on with the buyer's eBay ID. The seller will be responsible for all eBay fees associated with the sale. The auction will automatically be bid on by the buyer and will by closed at $.01.

Receiving Transferred eTopps Cards
If the cards have been transferred via the eTopps trade post, the final email will explain exactly how the transfer has occured and there is no need to claim the cards as they will automatically be added to your portfolio. If the cards were transferred on ebay, just as if the cards had been purchased directly on the eBay Trading Floor, it is the buyer's responsibility to claim all purchased cards into their chosen eTopps portfolio. All CardTarget Market eTopps transactions are considered finished upon release ("transfer") of the card(s) from the seller's eTopps account.

eTopps Terms and Conditions
Each eTopps 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 entering a sell order in the CardTarget market, sellers are agreeing to the eTopps Terms and Conditions for any auction that is launched on eBay from their eTopps account to facilitate the sale of the card.

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.

Merchandise Holding and Insurance
All merchandise collectively owned by the participants in the CardTarget shares marketplace will be kept in a secure, temperature and light controlled environment. All items valued at over $10,000 will be kept in a bank vault or safe deposit box. All items will be covered by an insurance policy by a major insurance corporation specializing in the insurance of collectables.

Event of Loss
In the unlikely event of item damage, theft, or loss, trading of a CardTarget Market Item will be ceased immediately. All shareholders in the item will receive a portion of the proceeds from insurance payments from the item in question in proportion to the number of shares owned at the time of loss. It is the responsibility of CardTarget to insure all items for their full replacement value. The insurance company decision regarding the replacement cost of an item and the final insurance payout is final. CardTarget is not responsible for any amount of money above and beyond the value set by the insurance adjuster.

Event of Sale
In the event that we receive a validated offer to purchase an item that is owned by the participants in the CardTarget Market, a vote will be taken of all users who own shares in the item. Trading of the item will be suspended while the vote is taken. A validated offer must be at least equal to the market cap number as calculated by the average of the last 20 transactions in the marketplace. Users may submit votes for each share owned on whether to accept the offer. 75% of the outstanding voting shareholders must agree to sell an item in order for the item to be sold. Users not submitting a vote will be treated as abstaining from the vote. All offers more than 25% higher than the current market cap as calcualted by the last 20 transactions in the marketplace will be automatically accepted.

CardTarget may, in its sole discretion and expense, actively seek buyers for market items by posting the item on major websites at a price at least 25% higher than the current market value as calculated by the last 20 transactions in the marketplace. All purchases made of market items posted by CardTarget will be automatically accepted. These purchased will ONLY be considered final when payment has been received from the purchaser. The final sale price will be calculated after any sales related fees are removed from the purchase price (Sales Fees, Credit Card Fees, etc.).

Upon successful ownership transfer of the item sold, all shareholders will receive a distribution of the funds into their CardTarget accounts in accordance with the number of shares owned and the item will be removed from the CardTarget Market.

Non-Voting Shares
Some shares in the CardTarget Market are denoted as "non-voting" shares. These are shares that are allocated to either CardTarget or to the user bringing an item into the marketplace. If this user elects to maintain some ownership in the item (up to 40%) this user is issued non-voting shares of the item. All shares owned by CardTarget for promotional purposes are also considered non-voting shares. These shares convert into voting shares upon their first sale in the marketplace to a party other than the original owner. Shares are only considered non-voting shares if they could not have been purchased at the initial product offering.

Event of Market Closing
At any time, at the sole discretion of CardTarget, the CardTarget shares marketplace may be closed. In this event, trading will cease on all items immediately. All items will be auctioned through a major sports memorabilia auction house (eg. Mastronet) as soon as possible. In the sole discretion of CardTarget, in an effort to maximize shareholder value and minimize auction fees, items may also be auctioned in a no-reserve auction starting at $1 on eBay.com. The choice of auction house will be made based on maximizing financial returns on all items and on the timing of such a sale. Under no circumstances shall the items not be sold within six months. Upon sale of the items at auction, all proceeds for each item will be split among shareholders in accordance with the number of shares owned. Proceeds will be calculated after any appropriate auction fees are subtracted from the auction sale prices. The proceeds from the sale will be placed into the user's CardTarget account and may be withdrawn to Paypal.com or via check in accordance with the withdrawal policies noted in this document.

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, 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.

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