Terms and Conditions

Terms and Conditions – Terms of Use

This Site, DSportsCards.com is managed by Growth Engine Pro, LLC.  We design, build, market and manage eCommerce websites.

Please read this Terms of Use agreement before using the service offered by Growth Engine Pro, LLC (“Company” or “we”). These terms of use set forth the legally binding terms and conditions for your use of the Dsportscards.com website (the “Site”) and the services, features, content, products and applications offered by Company and/or third parties (collectively with the Site, the “Product” or “Products”).

Disclosure

Content provided on the Site are prepared by Growth Engine Pro, LLC and associated guest article writers. All content is believed to be fact and up-to-date, but we do not guarantee its accuracy and we do not guarantee that articles and content are error free. We do not guarantee that following the advice of our articles, blog posts, videos or images will provide results that you are desire.

Links are being provided for information purposes only. Many external links are from third party advertisers and site sponsors that appear out of our control. Growth Engine Pro, LLC does not endorse any of the listed external web sites. Growth Engine Pro, LLC is not responsible for the content of any third party website or the collection or use of information regarding any web site’s users and/or members.

Product images on the Site are screenshots of digital cards that exist on the Panini Blitz™ and Panini Dunk™ applications that are owned and managed by Panini Digital, Inc. Panini Blitz™ and Panini Dunk™ logos are trademarks of Panini Digital, Inc. Digital sports card images on this site include logos that are trademarked by the National Football League, NFL Players, Inc., NBA Properties, and the National Basketball Association. Teams names and logos are trademarks of the teams. The use of logos and trademarks are licensed by Panini Digital, Inc.

Terms of Sale

The items on the Site represent digital sports trading cards that exist on the Panini Blitz™ and Panini Dunk™ applications which are owned and operated by Panini Digital, Inc. In order to make a purchase, you must have or create a verified, active account on the Panini Blitz™ and/or Panini Dunk™ mobile applications.

By making a purchase on the Site, the user is purchasing a service to transfer or trade the digital sports card from an authorized account on the Panini Blitz™ and/or Panini Dunk™ mobile applications to the verified, active authorized user account provided by the user in the checkout form. By making a purchase on the Site, you agree that you are an authorized user of the Panini Blitz™ and/or Panini Dunk™ application(s) and that you agree to the Terms of Use Agreement provided by the Panini Blitz™ and/or Panini Dunk™ application(s) owned by Panini Digital, Inc.

Disclaimer

The Panini Blitz™ and Panini Dunk™ applications are owned by Panini Digital, Inc., 5325 FAA Blvd Suite 100, Irving, TX 75061. Use of the Panini Blitz™ and Panini Dunk™ applications are subject to the Terms of Use Agreement provided by Panini Digital, Inc.

Company does not own the digital sports cards on the Site and is only selling the service of transferring the digital sports card to the user account provided.
Company is not liable for any damages that occur after the sale is made.
Company is not liable for any damages in the event that Panini Digital, Inc. shuts down or removes the Panini Blitz™ and/or Panini Dunk™ application(s), websites, digital cards or any other digital property.
Company is not liable for damages if Panini Digital, Inc. removes or deletes the user’s account on the Panini Blitz™ and/or Panini Dunk™ application(s).

This Site and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Reproduction, distribution, republication, and/or retransmission of material, text or images contained within this Site are prohibited unless the prior written permission of Growth Engine Pro, LLC

Returns and Refunds

All sales the Site are final. The service of transfer of digital sports card(s) will be provided within 120 hours from the purchase date and time. There are no returns or refunds at any time.

If the customer does not provide an an active authorized user account name within 72 hours of sale, the service of transfer will not be provided and you will not receive a refund. The user must accept the trade within 24 hours from the time the trade is made in the Panini Blitz™ and/or Panini Dunk™ application(s) owned by Panini Digital, Inc. Customers that do not accept the trade will not receive a refund.

Acceptance of Terms and Conditions

By participating on the site, registering for an account on the site or purchasing any products or services on the site, including without limitation merely visiting the Site, you expressly acknowledge that you have read and agree to be bound by all of the terms and conditions herein (the “Terms”), the Privacy Policy and other guidelines and policies Company may publish on the Site from time to time, each of which is incorporated herein by reference.

Company reserves the right to change these Terms, the Privacy Policy and other Company guidelines and policies posted on the Site from time to time at its sole discretion, with or without notice. Your continued use of the Service constitutes your acceptance of the revised Terms, and your use of the Site will be subject to the most current version of these Terms, policies, and guidelines posted on the Site at the time of such use. If you breach any part of these Terms, your authorization to use the Site will automatically terminate.

Accounts

When you purchase a Product you will set up a payment account with Stripe via https secured server. You must contact us to cancel your account.

Modifications to Product

Company reserves the right to modify or discontinue any Product or Service with or without notice to you, and Company will not be liable to you or any third party should Company exercise this right. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Product and operation of the Product may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Warranty Disclaimer

THE PRODUCTS ARE PROVIDED BY COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE PRODUCTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, UP-TO-DATENESS OR OTHERWISE. COMPANY WILL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE PRODUCTS. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PRODUCT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Growth Engine Pro, LLC, its subsidiaries, affiliates, officers, directors, LLC members, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners, from any claim or demand, including reasonable attorneys’ fees and damages of any kind, made by any third party due to or arising out of your use of the Site, the Products, your User Submissions, your violation of these Terms, or infringement by you, or other users of the Site or Products using your computer or mobile device, of any intellectual property or any other right of any person or entity.

Governing Jurisdiction

These Terms will be governed by the laws of the State of Illinois, excluding its choice of law rules, and the United States of America, without reference to any conflict of laws provisions. Any dispute arising from or relating to the subject matter of these Terms will be finally settled by arbitration in Champaign, Illinois, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect. Judgment may be entered on the arbitral award in any court having jurisdiction. The arbitral award will be final and binding. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration; (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; and (iv) to enforce any decision of the arbitrator, including the final award.

Compliance with Laws

Use of the Site and Products is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site or Products in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Miscellaneous

If any provision of these Terms is found to be unlawful, unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. You agree that these Terms may be transferred or assigned by Company, in our sole discretion, to a third party in the event of a merger or sale of Company or its assets. These Terms will apply in addition to any other written agreement between us (a “Specific Agreement”). In the event of a conflict between these Terms and any Specific Agreement, the Specific Agreement will control with respect to your rights to the Site or Products.

How To Contact Us

DSportsCards.com c/o Growth Engine Pro, LLC
Email: [email protected]

Phone: (708) 689-9358‬