| THE TRADE POST TERMS AND CONDITIONS | |
These Terms and Conditions are not intended to state all of the rules governing trading activity on The Trade Post. For instance, they do not provide the guidelines as to how to post trade offers, the types of trade offers the system will permit you to post, or the options you have in setting the expiration times of your trade offers. For these and other rules, which are subject to change, please consult the website. | |
| 1. | The Trade Post is a forum created by The Topps Company, Inc. ("Company") on the Etopps web site (www.etopps.com) where, if you like, you may offer to trade card(s) in your Etopps Personal Portfolio ("Portfolio") for other Etopps card(s). Trades are ultimately made with other Etopps account holders who accept your offer(s) and NOT the Company. The Company is NOT a party to or (except as otherwise set forth herein) an arbiter of the validity or propriety of any trades. The Company merely transfers cards from one portfolio to another pursuant to the terms of each completed trade; the Company only executes (and, except as otherwise set forth herein, has no interest in) the agreed-upon trade. The Trade Post is a free service of the Company for registered users of www.etopps.com; no transactional fees or payments of any kind are required to order to trade card(s) or to accept an offer to trade card(s). The Company may suspend or terminate the Trade Post at any time for any reason by posting a notice to this effect on the website; in such event, when the notice is posted, all pending trades will be invalidated and voided, without any liability to the Company. |
| 2. | You understand that by placing an order to trade card(s) in your Portfolio through the Trade Post, you have made a legally binding offer to trade your card(s) in exchange for the indicated card(s) from another account holder's Portfolio. By placing an order to trade, you agree to give up all rights that you have in the card(s) involved in the trade, subject to acceptance of your order by another Etopps user. If your offer is accepted, your order cannot be modified or cancelled and any cards transferred to the other user's Portfolio will not be returned. ALL TRADES ARE FINAL, subject to the terms and conditions stated herein. |
| 3. | You understand that by accepting an offer in the Trade Post, you are legally bound to trade your card(s) for the indicated card(s) from another account holder's Portfolio. All acceptances are irrevocable and cards transferred to the other user's Portfolio will not be returned. The Company will effect the transfer of cards in accordance with the terms of a trade shortly after the order to trade is accepted and the trade is made. ALL TRADES ARE FINAL, subject to the terms and conditions stated herein. |
| 4. | When you place a request to cancel or modify an order (prior to acceptance of the order to trade by another party), that cancellation or modification is not guaranteed. Do not assume that any order has been cancelled or modified until the Trade Post and your account reflect such cancellation. |
| 5. | Your acceptance of an offer to trade is not guaranteed. Do not assume that an order has been accepted until your account reflects such acceptance. |
| 6. | The Company reserves the right, at its sole discretion, to refuse to transfer cards from one Portfolio to another and/or to invalidate and void an order to trade or a trade previously consummated on the Trade Post if, in the Company's sole discretion, it suspects fraud, illegality, technological error or any other conduct in violation of the terms and conditions of etopps.com, these terms or conditions or the rules posted on the website governing The Trade Post, relative to the trade. The Company reserves the right (but is not obligated) to independently verify the legitimacy and authenticity of any order to trade/trade; and, you agree to cooperate fully in any such investigation and provide all necessary information to the Company upon the Company's request. In addition, if your card(s) is involved in a trade and you have NOT agreed to such trade, it is your sole responsibility to notify the Company immediately and to establish, to the Company's satisfaction, that the trade was not authorized and should be invalidated and voided. In no event will the Company have any liability for such allegedly unauthorized trades. |
| 7. | The Company shall have no liability for, and you agree to indemnify and hold the Company, its officers, directors, employees, agents, affiliates and subsidiaries harmless from and against any claims or damages resulting from or arising out of, either directly or indirectly, the transfer and/or the failure to transfer any cards pursuant to trades made or offered to be made (as appropriate) on The Trade Post. |
| 8. | The terms and conditions of Etopps.com shall otherwise govern all transactions and activity relating to the website including but not limited to Portfolios, delivery of cards and storage of cards. |
| 9. | While every reasonable effort will be made to maintain and accurately reflect orders to trade/trades on the Trade Post, the Company is not responsible for technical errors of any kind which may cause inaccurate or incomplete information to be reflected. You are solely responsible for independently monitoring the accuracy of the order to trade/trade information involving your cards on the Trade Post as well as the accuracy of your portfolio holdings. |
| 10. | In establishing the Trade Post, the Company does not represent or warrant that a given card has a certain value and/or that a person will be able to sell such card for a certain price. |
| 11. | The Company is not responsible for any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion, unauthorized human intervention or for inaccurate or incomplete capture or recordation of any order to trade/trade or any other information related to the Trade Post. |
