Terms of Service

Date Effective: March, 2024

General

This website (the “Site”) is owned and operated by PokeMeyer LLC (“COMPANY” “we” or “us”). By using the PokeMeyer Sites, including pokemeyer.com you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. 

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights 

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.  

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. 

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers 

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

Commencement and Duration of Giveaway 

Start of Giveaway. The COMPANY giveaway will begin with the airing of Episode 1 of the corresponding series, which is associated with the opening of a specific set of Pokémon cards.

Scheduled Series and Giveaway Conclusion. The series is scheduled to run from Episode 1 to Episode 8. However, the giveaway may also conclude prematurely if all Ultra Rare cards designated by the COMPANY as part of the cards set are found before the airing of Episode 8.

Adjustments if Conditions Are Not Met

If neither the final episode airs nor all Ultra Rare cards are found by a set deadline (one year from the start date), COMPANY reserves the right to either extend the giveaway, modify the end conditions, or conclude it without declaring a winner, based on the number of entries and Ultra Rare cards collected by that time. Any changes or decisions regarding the extension or conclusion of the giveaway will be communicated through the same channels used for major announcements.

Prize Distribution Timeline 

Initiation of Prize Distribution. Following the conclusion of the giveaway, COMPANY will initiate the process of sending out the corresponding prizes to the designated winners within 60 business days. This timeframe allows COMPANY to verify winners and prepare the necessary logistics for prize distribution.

Notification to Winners

Prize Shipping Information. Winners will be required to confirm their shipping address and any necessary details pertinent to prize delivery. Failure to respond within the specified timeframe may result in forfeiture of the prize.

Responsibility for Timely Response. It is the responsibility of the winners to provide timely and accurate information to facilitate the smooth dispatch of prizes. COMPANY is not responsible for prizes that cannot be delivered due to incorrect or incomplete information provided by the winners.

Adjustments to Shipping Schedule. COMPANY reserves the right to adjust the 60-business-day window for initiating prize dispatch in the event of unforeseen circumstances, such as delays in verifying winners or logistical challenges. Any such changes will be communicated to the affected winners at the earliest opportunity.

Giveaway of Rare and Ultra Rare Cards. Eligibility and Participation: Participants in the COMPANY giveaway must adhere to the eligibility criteria and agree to the terms set forth herein to participate.

Definition of Terms

• Ultra Rare Cards: For the purposes of this giveaway, “Ultra Rare Cards” refers to cards that are marked or otherwise designated by the manufacturer or recognized community standards as “Ultra Rare.” These cards are typically distinguished by unique design elements and scarcity.
• Rare Cards: The term “Rare Cards” specifically refers to “Full Art Rare Cards” only. For clarity, “Full Art Rare Cards” are those that feature extended artwork that covers the entire card surface, excluding any border or frame. This definition excludes other cards that may be considered rare but do not meet the specific criteria of having full art.

Company Discretion. The COMPANY retains sole and absolute discretion to determine which cards fall into the “Ultra Rare” and “Full Art Rare” categories. Our determinations are final and binding. This discretion includes the right to modify, amend, or change the criteria for what constitutes a “Full Art Rare” or “Ultra Rare” card at any time without notice.

No Entitlement. By participating in this giveaway, participants acknowledge and agree that there is no entitlement to receive any particular card based on participation. The selection of giveaway cards is subject to availability and the sole discretion of the COMPANY as to what constitutes a “Full Art Rare” or “Ultra Rare” card.

Liability and Release. Participants release the COMPANY from any claims, damages, or demands of any kind arising from or related to the classification, availability, or distribution of “Full Art Rare” or “Ultra Rare” cards in this giveaway.

Minimum Value of Giveaway Cards 

• Value Threshold. The COMPANY will only include cards in the giveaway that have a market value of $3 or more at the time of the giveaway. This value threshold is set to ensure the cost-effectiveness of the giveaway, considering shipping and handling expenses.
• Valuation. The market value of the cards will be determined by the COMPANY based on current market prices and trends at the time of the giveaway. The valuation process and criteria are at the sole discretion of the COMPANY and are final and binding.
• Exclusion of Lower Value Cards. Cards with a market value less than $3 will not be included in the giveaway. This exclusion is based on economic considerations, including but not limited to, the costs associated with packaging and postage.

Participation Requirements.

• Sign-Up and Referral Clicks. To be eligible to win in the COMPANY giveaway, participants must:
• Sign up for the giveaway through the designated registration process on the COMPANY’s site.
• Achieve at least one referral click from sharing a unique giveaway link provided by the COMPANY. This link must be used by at least one other person to visit the giveaway page to count as a valid referral.

Referral Tracking. Link Usage. Each participant will be provided with a unique referral link, which must be used for tracking clicks. Only clicks verified through this unique link will count towards meeting the referral requirement.

Verification of Clicks. The COMPANY will monitor and verify the authenticity of clicks to ensure compliance with the giveaway rules. Automated, fraudulent, or unnatural referral activity will result in disqualification from the giveaway.

Minimum Referral Requirement. Qualification. Failure to meet the minimum of one referral click will render the participant ineligible for the prize draw. This requirement is intended to promote the giveaway and increase participation.

Eligibility Criteria for Winning

• Only the top 20 participants on the leaderboard, ranked according to the number of clicks their unique referral link received, will be eligible to win a Pokémon card.
• Participants not occupying any of the top 20 positions will not be eligible to win any prizes.

Tiebreaker Mechanism

First to Sign Up Tiebreaker. Occurrence of a Tie. If a tie occurs where multiple participants achieve the same number of referral clicks by the end of the giveaway period, the tie will be resolved by determining which participant signed up for the giveaway first.

Tiebreaker Procedure. The winner among the tied participants will be determined based on the timestamp of their initial signup for the giveaway. The participant whose signup was recorded first in our system will be declared the winner.

Record Keeping and Verification. Our systems are designed to accurately track and record the signup times for each participant. This tracking is crucial to ensure the tiebreaking process is transparent and fair. In the event of any disputes, these records will be reviewed to confirm the timing of each entry.

Eligibility Restrictions

• Employee and Family Disqualification. Employees of the COMPANY, any affiliated companies, or any other company owned or controlled by the owners of the COMPANY, as well as their immediate family members (which includes parents, spouses, children, siblings, and their respective spouses, regardless of where they reside), and those living in the same household of each, whether or not related, are not eligible to participate in the giveaway. This exclusion is to prevent any potential conflicts of interest and to ensure fairness and transparency in the distribution of prizes.
• Enforcement. Verification. The COMPANY reserves the right to verify the eligibility of any participant in the giveaway, including but not limited to checking against employee records and other available information.
• Action on Breach. Any attempt by an employee or family member of such employee to participate in the giveaway in breach of these terms will result in immediate disqualification from the giveaway and may also lead to disciplinary action under the employment policies of the COMPANY or the affiliated companies.

Geographic Restrictions for Giveaway Participation

State-Specific Exclusions. Due to local legal restrictions, residents of the following states are not eligible to participate in the giveaway: New York (NY), New Jersey (NJ), California (CA), Florida (FL), and Rhode Island (RI). These exclusions are based on the specific laws of each state that do not permit this type of giveaway as designed by the COMPANY.

Leaderboard and Prize Display 

Live Leaderboard. The COMPANY maintains a live leaderboard on the PokeMeyer website, which displays the names of the current leaders in the giveaway, the number of referral clicks each has accrued, and a visual representation of the prize they stand to win.

Prize Imagery and Description. Images and descriptions of prizes on the leaderboard are for illustrative purposes only. The actual prizes awarded may differ in appearance and specification, depending on the final valuation and availability of the cards at the conclusion of the giveaway.

Card Distribution and Valuation

Order of Card Distribution. The distribution order of the cards as prizes will be determined based on their raw values assessed at the end of the series. While the leaderboard on the PokeMeyer website provides a preliminary ordering based on current valuations, this order is subject to change. Prizes are allocated based on the raw value of the cards at the time of distribution, and these values are subject to fluctuation. The website will strive to display the most accurate images and descriptions based on current raw card values. However, participants should be aware that market conditions may change.

Final Assessment. At the conclusion of the giveaway, the COMPANY will reassess the values of the cards. The final distribution order will be based on this reassessment, ensuring that the distribution reflects the most accurate and current card values.

Discretionary Rights. COMPANY retains total discretion over the display and ordering of cards on the leaderboard. This discretion extends to making any necessary adjustments to the prize distribution based on the final card valuation process. Decisions made by COMPANY regarding prize distribution are final and binding.

Accuracy and Verification

Leaderboard Display. The live leaderboard on the PokeMeyer website, which displays the names of the current leaders in the giveaway, will feature the top 20 participants currently occupying the first 20 places. The data on the leaderboard is verified against the COMPANY’s databases to ensure accuracy. Although updates are intended to be real-time, unexpected circumstances or major events may cause delays. While COMPANY strives for accuracy, it cannot guarantee that updates will always be free of errors. The leaderboard is intended for engagement and motivation, not as a final statement of winner determination.

Updates. The leaderboard will stop updating once the current series has ended. A title at the top of the leaderboard will announce the conclusion of the giveaway, and the leaderboard will be frozen. The frozen leaderboard will display the 20 participants eligible to win, based on the number of clicks on their unique referral links up until the last episode of the series is uploaded. This means no further updates to click data will be made, and prizes will be distributed according to the data at the time the leaderboard was frozen. This frozen leaderboard will remain on the website until the next series of giveaways begins. Thereafter, past leaderboards of previous giveaways will be archived on the page for future reference, including reviewing past results and winners.

Visual representation. The leaderboard may include miniature images of the prizes that participants are currently in place to win. These images are also merely demonstrative, meaning they are intended for engagement and motivation, not as a final statement of winner determination; they do not guarantee that the person occupying that place on the website will win that specific card.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features 

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site. 
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. 
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. 
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. 
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means. 
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. 
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. 
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. 
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. 
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. 
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. 
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site. 

COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. 

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our  Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. 

Termination 

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy 

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy. 

Digital Millennium Copyright Act 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice shall be: meyer@pokemeyer.com

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

 

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio and any dispute shall be subject to binding arbitration in Cleveland, Ohio If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver 

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability 

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the Dispute Resolution provision will be unenforceable, and the dispute will be decided by a court.