User Agreement / Terms of Service

1. The User Agreement and all policies and additional terms posted on and in our web sites, applications, tools and services (collectively "Services") set out the terms on which COMC.com offers you ("User") access to and use of our Services. If you are accessing and using COMC.com services on behalf of a company or business ("Company"), you represent and warrant that you are authorized to bind the Company and that you are accepting the User Agreement on the Company's behalf. You agree to comply with all of the terms of this User Agreement (also referred to in this agreement as the "Terms of Use", "TOS", "Agreement", and "User Agreement") when accessing or using our Services. Additional terms and conditions displayed on the COMC.com website at www.COMC.com now or in the future, or as provided to you otherwise, become part of this agreement by reference.

2. COMC.com provides a proprietary online system that allows users to, but not limited to, the following services:

   1. Trade, exchange, list, and sell items for store credit with COMC.com ("Store Credit").
   2. Have items shipped to third-party graders to be graded and authenticated.
   3. Users registered with COMC.com can
      1. ship items to COMC.com to be scanned and stored in a safe, insured, climate-controlled facility;
      2. offer items for sale to Users of the website;
      3. set trade values for their items;
      4. trade for items offered by other Users; and
      5. have traded items shipped to you or to other Users.

   COMC.com may provide information to the User including, but not limited to, the following: suggested retail price, suggested listed price, suggested whole sale price, and past sales data. The service is provided to the User for informational purposes only.

1. You understand that the technical processing and transmission of the Services, including your material and information you provide to COMC.com, may involve (a) transmissions over various computer and mobile telephone networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. You acknowledge that COMC.com reserves the right, in its sole discretion with or without notice, to temporarily or permanently change the Services, User Agreement, usage rules and/or the general business practices.
3. In connection with the Services, you agree to abide by all applicable laws, not use the Service for any unlawful purpose and not violate any other persons' rights. This includes abiding by the laws of Washington, the laws of your home state, United States Federal law and any other applicable laws or regulations.
4. Privacy and Use of Your Account Information: COMC.com will keep your information and content you provide during registration reasonably confidential. COMC.com will not disclose your information to third parties except as necessary to facilitate your requested transactions. You acknowledge, consent and agree that COMC.com may access, preserve, and/or disclose your account information and content if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims by other Buyers or third parties; (4) respond to your requests; or (5) protect the rights, property, or personal safety of COMC.com, its Users, buyers and the public. COMC.com retains the right to use your private information in aggregate and/or for statistical purposes both internally and externally. See COMC.com privacy policy on details on how information is collected, received and stored in connection with your use of our Services.

1. Registration Required for Users
   1. Registration Material: Any individual or entity wishing to sell, exchange, or trade items through the System must complete the COMC.com Registration Forms and maintain a Store Credit balance sufficient to cover all fees.
   2. You will only conduct business for yourself through your Account, and you will not allow others to conduct their business through your Account.
   3. Registration Maintenance and Potential Cancellation: COMC.com reserves the right, at any time without prior notice, and at its sole discretion, to deny or cancel your access to the Service, including denying or canceling your access to Store Credit in your User Account. You acknowledge that COMC.com has the right, in its sole discretion, to delete, disable or suspend your Login and/or any postings or transactions at any time for any reason, including without limit for any violation of this User Agreement, Sales Rules and/or other laws or regulations.
   4. Accounts Not Assignable: User Accounts are not assignable and cannot be transferred to another entity. If you allow anyone to use your Account, you are ultimately responsible for their account activity.
   5. Right of Refusal: COMC.com reserves the right to refuse to exhibit or to sell any item for any reason whatsoever. Under no circumstances will COMC.com accept counterfeit items. Additional information can be found on the "What You Can Sell" page, which is hereby incorporated by reference.
   6. Shipping Cost: Regardless if an item is exhibited, sold or returned, the user agrees to pay all shipping costs between the user and COMC.com.
2. Account Set Up, Password, Security and Responsibilities
   1. Your Account: Once accepted by COMC.com, you will receive an email notification from COMC.com indicating that your Account has been enabled. The User Name and Password you selected will then provide access to the system through the login section of the home page.
   2. Your Account Security: You are responsible for maintaining the confidentiality and security of your Password and Login.
   3. Your Account Responsibilities: You are fully responsible for all activities that occur under your Account, including without limitation the following activities: item postings; setting the sales price of items; acceptance of offers; sales; and purchases.
      1. COMC.com cannot and will not be liable for any loss or damage arising from your failure to comply with your security and use obligations.
      2. COMC.com is not responsible for the transfer of legal ownership of items from seller to buyer.
      3. You agree to immediately notify COMC.com, in writing, of any unauthorized use of your Login, Password or Account, or of any other breach of security. In the event that you notify COMC.com in writing of any such unauthorized use, you shall still be responsible for all activity on your Account, except for activity which occurs after proper notification is acknowledged by COMC.com.
      4. Within a reasonable time after receiving written notice of any such unauthorized use of your Account, COMC.com will disable the Account.

In using the System and your Login, you agree to:

1. provide accurate information to the System, including, without limitation, information concerning registration, items, sales, purchases and any information potentially material to a transaction or the operation of the System;
2. refrain from fraudulent and/or misleading conduct, representations or other activity;
3. refrain from any activity to unfairly manipulate the System's pricing or trading process;
4. refrain from interfering with other User's fair use of the system;
5. timely respond to reasonable requests for information;
6. refrain from contacting other Users directly to potentially conclude, outside the System, transactions for items posted within the System;
7. not violate any other person's intellectual property rights, including without limitation: their patents, trade secrets, trademarks and/or copyrights;
8. refrain from allowing unauthorized persons to use the System through your Account and/or Login;
9. comply with these TOS, Sales Rules, Sales Agreements and all applicable laws and regulations.

1. COMC.com allows you to use Store Credit you have purchased into your User Account or earned through sales to pay fees and to list and trade items. Store Credit may be purchased online (see Store Credit page) at a price determined by COMC.com.
2. Store Credit may be redeemed online (see seller rates page) on terms determined by COMC.com.
3. If there is any fraudulent or unlawful activity concerning the Store Credit in your User Account, COMC.com may cancel, suspend or otherwise limit your access to the System, upon which your right to use the System, including your Store Credit, will immediately cease.
4. COMC.com may obtain fees for the Service from transactions that are completed through the System. COMC.com may charge maintenance fees to maintain keeping items in the COMC.com system. COMC.com's current transaction and/or maintenance fees may be reviewed at our seller rates page. COMC.com may change fees it charges for its services by posting changes on COMC.com.

1. No Warranty of User Content, Users, Items, or Contracts:
   1. Pursuant to this agreement and others like it, COMC.com simply facilitates retail item transactions between Users, including facilitating communications between Users about items. AS SUCH, UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING, COMC.COM DOES NOT AND CANNOT VERIFY, EVALUATE, WARRANT OR GUARANTEE (EXPRESS, IMPLIED OR OTHERWISE):
      1. the accuracy of the User content, User information and/or User representations;
      2. the condition of items;
      3. the contractual performance, attributes and/or reliability of Users; and/or
      4. the User's performance of obligations of User contracts formed by use of the System.
   2. Discretionary User Maintenance: COMC.com will, however, exercise its sole discretion to reasonably act to admonish, limit and/or cancel access of Users who post inaccurate information, make misrepresentations or otherwise breach their obligations under these TOS and/or Sales Terms.
   3. No Warranty of the System: COMC.com provides the Service on this website "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, COMC.com makes no representations, warranties or conditions, express or implied, and expressly disclaims any and all warranties or conditions, express, statutory, and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions of uninterrupted or error free access or use.
   4. No Responsibility for User Breach of Sales Contracts: COMC.com cannot warranty, guarantee or be responsible for any breach by Users of sales agreements formed by use of the System.
2. Release of COMC.com: Other than as expressly stated in this agreement, YOU (AND ALL USERS) RELEASE COMC.COM FROM ANY AND ALL LIABILITY FOR ANY DAMAGES YOU MAY CLAIM RESULT FROM YOUR USE OF THE SERVICE. More specifically, You irrevocably and unconditionally waive and release your rights (if any) to recover from COMC.com, its directors, officers, employees, representatives, agents, subsidiaries, and affiliates any and all damages, losses, liabilities, costs or expenses (and claims thereof), whether direct or indirect, known or unknown, or foreseen or unforeseen, which may be caused by, arrive from or be related to your use of the Service.
3. Damage Limitation: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMC.COM BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO YOUR USE OF THE SYSTEM, INCLUDING WITHOUT LIMITATION THE SALE, DISTRIBUTION, USE OF (OR THE INABILITY TO USE) ANY ITEM BOUGHT OR SOLD IN THE SYSTEM, EVEN IF COMC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Arbitration: In the event that a dispute arises between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to the American Arbitration Association ("AAA") office in Seattle, Washington for arbitration in accordance with the AAA's then current commercial Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. The costs and fees of the arbitration shall be awarded to the prevailing party. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fees for having to compel arbitration, defend or enforce the award.

1. You agree to indemnify, defend and hold COMC.com, and its subsidiaries, affiliates, officers, agents, co branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party against COMC.com due to or arising out of Your use of the Service, including without limitation: any violations by you of the TOS; any violation by you of the purchases/sales terms or agreements reached through the System; and/or your violation of any rights of another. Upon request you will provide COMC.com with a reasonable advance payment for such defense and indemnification.

1. You have only the right to use the System, and then only if you are a User in good standing as determined solely by COMC.com. All rights and interests in the System, its technology, its trademark, its service marks, software, copyrights and other know-how related to the Service is the sole property of COMC.com. Under no circumstances shall you claim any ownership rights to the Service.
2. "COMC.com", "COMC", "CheckOutMyCards", "Check Out My LLC" and other logos used in connection COMC.com services are protected by copyright, trademark, and other laws of both the United States and foreign countries. They may not be used without the express written prior consent of COMC.com.
3. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials, information and/or software provided by COMC.com to you during the Service, in whole or in part, is strictly prohibited.
4. You (and other Users) expressly grant to COMC.com a worldwide, non-exclusive, perpetual, royalty-free and irrevocable, sublicensable, license to use, display, edit, copy, modify, distribute, display, store and prepare derivative works of the information and/or material which you and other Users submit to COMC.com (both during the User Registration Application and the Service).
5. By submitting material to COMC.com in association with the Service, you represent that you are the owner of that material, or that you otherwise have the rights to submit, use and/or copy that material.

1. Choice of Law and Forum: The TOS and the relationship between you and COMC.com shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and COMC.com agree to submit to the personal and exclusive jurisdiction of the courts and/or arbitrators located within the county of King, Washington.
2. Waiver and Severability of Terms: The failure of COMC.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
3. No Agency: The relationship between you and COMC.com is that of customer and services provider, and as such, neither party is, nor may either party represent itself as, an employee, agent, partner, franchisee or joint venturer of the other. This Agreement is not authority for you to act for COMC.com in any way.