Terms of Service

These terms govern your use of United Rips. Please read them. They contain an arbitration agreement and class action waiver in Section 15, and an all-sales-final policy in Section 9.

Draft for attorney review
This document is a working draft prepared to be reviewed and finalized by licensed counsel before launch. Text in square brackets is a placeholder. Nothing on this page is legal advice.

Effective date: [DATE]. Last updated: [DATE].

1. Definitions

  • "We", "us", "the Company" means [ENTITY LEGAL NAME], a [STATE] [entity type] with its principal place of business at [ADDRESS], operating as United Rips.
  • "You" means the individual who creates an account or makes a purchase.
  • "Platform" means our website, web app and any related services.
  • "Card" means a specific physical collectible trading card, graded and encapsulated by a third-party grading service (or raw where stated), that we own and hold in our vault at the time it is placed in a Pack.
  • "Pack" means a fixed, published set of Cards offered for sale at a fixed price per unit, where each unit sold corresponds to exactly one Card in that set.
  • "Pull" means the specific Card assigned to you when your purchase of a Pack unit is completed.
  • "Reveal" means the on-screen presentation of your Pull.
  • "FMV" means the fair market value we assign to a Card using the method published at /how-we-price.
  • "Store Credit" means a balance on your account that can be used to buy Packs and pay shipping fees on the Platform, and "Promotional Credit" means Store Credit we grant you without payment.
  • "Vault" means our secure storage of Cards you own.

2. Eligibility

  1. You must be at least 18 years old. You will be asked to confirm your age before your first purchase and we may require proof of age or identity at any time.
  2. The Platform is offered only to residents of the United States who are physically located in the United States when purchasing.
  3. You may not purchase from, or have Cards shipped to, the following states: Nevada (NV), Washington (WA). We check your location at purchase and at shipping and we may add or remove states at any time. Purchases made in violation of this section are void and will be refunded to the original payment method.
  4. You may hold only one account. Accounts are personal and may not be shared, sold or transferred.
  5. You may not use the Platform if you are subject to United States sanctions or are on any government restricted party list.
  6. We may refuse, suspend or close any account at our discretion, including where we believe these terms have been violated.

3. What you are buying

  1. A specific physical Card. When you buy a Pack unit you are buying one specific Card from the published set. That Card is assigned to your order at the moment payment is confirmed, using the selection method published at /fairness. Title to the Card passes to you at that moment, subject to payment clearing.
  2. The Reveal is a presentation. The Reveal shows you the Card already assigned to your order. It does not determine, alter or delay the assignment. You may skip the Reveal at any time. The Card is yours whether or not you watch the Reveal.
  3. Not a contest, sweepstakes, raffle, lottery or prize game. Every Pack unit results in a Card. There is no outcome in which you receive nothing, cash, or a prize. We do not offer, and you are not purchasing, a chance to win anything.
  4. Not an investment. Cards are collectibles. Their value can go down as well as up. The FMV of the Card you receive may be less than the price you paid for the Pack unit. We make no representation that any Card will hold or gain value or can be resold at any price.
  5. Authenticity. Each graded Card is encapsulated by the named grading service under the certification number shown. We do not regrade or guarantee the grading service's assessment.

4. Odds and pricing disclosures

  1. Before you purchase we show the number of Cards remaining in the Pack, the number and percentage of remaining Cards in each value tier, the average FMV of remaining Cards, and the lowest and highest FMV remaining. The method is described at /odds.
  2. Odds change only as Cards are sold from a Pack. We do not add Cards to, or remove Cards from, a published Pack.
  3. The odds shown to you at the moment of purchase are recorded on your order and remain visible to you on your order page.
  4. FMV is our estimate, produced by the method published at /how-we-price. It may differ, in either direction, from prices on any marketplace or from the price at which you could buy or sell the Card. We update FMV periodically and it can change between the time you view a Pack and the time you purchase.
  5. Pack prices are shown in US dollars and include any applicable platform fees. Sales tax, if any, is added at checkout.

5. Store Credit and the buyback offer

The buyback offer

  1. After a Pull we may offer to buy the Card back from you for Store Credit. The current offer is 90% of the Card's FMV at the moment of the Pull, and the offer remains open for 24 hours from the Pull. The percentage and window are published on the Platform and may be changed for future Pulls; the offer attached to a completed Pull will not be reduced.
  2. The offer is optional. You are never required to accept it. If you do not accept it before it expires, the Card stays in your Vault and remains yours.
  3. Accepting the offer transfers title to the Card back to us and credits your account. Acceptance is final.
  4. We may decline to make a buyback offer on any Card, for example where FMV cannot be determined, and we will say so before you purchase where practicable.

Store Credit rules

  1. Store Credit is not cash, is not a deposit, does not earn interest and is not insured by any government agency.
  2. Store Credit cannot be withdrawn, redeemed for cash, transferred to another person or account, or used outside the Platform.
  3. Store Credit can be used to buy Packs and pay shipping fees. Spend limits you set apply to purchases made with Store Credit.
  4. Store Credit does not expire while your account is in good standing. If your account is closed for a violation of these terms, unused Store Credit may be forfeited to the extent permitted by law.

Promotional Credit

  1. Promotional Credit is granted at our discretion, is labeled separately in your wallet, and is spend-only. It has no cash value, is never refunded, and is not eligible for any refund or chargeback.
  2. We may set an expiry date, minimum purchase or other conditions on Promotional Credit at the time we grant it, and we may revoke Promotional Credit obtained through abuse, multiple accounts or referral fraud.

6. Vault

  1. Cards you own are held for you in our Vault at no charge. We hold them as custodian on your behalf; you remain the owner.
  2. Vaulted Cards are insured while in our custody against loss, theft and damage up to their FMV at the time of loss, under a policy we maintain. We will replace the Card with an equivalent Card or credit your account with the insured amount, at our option.
  3. You can request shipment of any vaulted Card at any time, subject to Section 7.
  4. Right to require shipment. If a Card has been in your Vault for more than 12 months we may require you to take delivery. We will give you at least 30 days' written notice by email. If you do not provide a valid shipping address and complete identity verification within that period, we may ship to your most recent address on file at your cost, or continue to hold the Card and charge a reasonable storage fee that we will disclose in the notice.
  5. We may move the Vault or change our custodial provider with notice to you. Your ownership is unaffected.

7. Shipping

  1. Shipping is charged as a flat fee of $15 per shipment of up to 20 Cards. Shipment requests may be held for up to 7 days so that additional requests can be bundled into one shipment.
  2. All shipments are sent with tracking and insured for the FMV of the contents at the time of dispatch.
  3. Before your first shipment you must complete identity verification through our verification provider. We ship only to addresses in the United States, and not to addresses in the states listed in Section 2. Shipments to freight forwarders or mail drops may be refused.
  4. Risk of loss passes to you on delivery to the address you provided. If a shipment is lost or arrives damaged, notify us within 7 days of the carrier's delivery date (or, for a lost shipment, within 14 days of dispatch) with photographs where applicable, and we will file the insurance claim and, once resolved, replace the Card with an equivalent Card or credit your account with the insured amount, at our option.
  5. Once a Card has shipped, the buyback offer, if still open, lapses.

8. Payment

  1. We accept the payment methods shown at checkout, processed by third-party processors under their own terms. We do not store full card numbers.
  2. You authorize us to charge the total shown at checkout. You must be the authorized holder of the payment method.
  3. If a payment is reversed after a Card has been assigned to you, we may cancel the order, reverse any Store Credit issued, and reclaim or withhold the Card until the matter is resolved.
  4. Prices may change at any time; the price shown at checkout is the price you pay.

9. All sales are final

  1. Because each Pack unit is a randomized sale of a specific Card from a published set with published odds, all purchases are final. We do not accept returns, exchanges or cancellations, and we do not refund because the Card you received has a lower FMV than the Pack price or than you hoped.
  2. Error carve-out. If the Card you receive was mis-described on the Platform (for example the wrong card, grade, grading service or certification number), or a platform error caused you to receive something other than what the published Pack set and selection method should have produced, report it to us within 3 business days of the Reveal (or of delivery, for a physical defect not visible in the Reveal). We will, at our option, replace the Card with the correctly described Card or an equivalent Card, or credit your account with the greater of the Pack price and the FMV of the Card as described. This is your sole remedy for such errors.
  3. Where we cancel an order, for example because a purchase was made from a blocked state or by an ineligible person, we refund the payment to the original method and the Card is not assigned.
  4. Nothing in this section limits rights you have under law that cannot be waived.

10. Accounts and conduct

  1. You are responsible for keeping your login secure and for everything done through your account.
  2. You must provide accurate information and keep it current, including your state of residence.
  3. No staff purchases. Our owners, employees, contractors and their household members may not purchase Packs. Any such purchase is void.
  4. You may not use bots, scripts, automated tools, multiple accounts, VPNs or proxies to evade location checks, or any method to gain an advantage in purchasing, to exceed limits, or to interfere with the Platform.
  5. You may not attempt to reverse engineer, probe or attack the Platform, scrape it, or resell access to it.
  6. You may not use the Platform for any unlawful purpose or in any way that would cause us to violate law or a payment processor's rules.
  7. We may suspend or close accounts, cancel orders and withhold Store Credit obtained in violation of this section.

11. Responsible purchasing tools

  1. You can set daily and weekly spend limits and take a break from purchasing for a period you choose from your account page. Limits and breaks are enforced at checkout. A break cannot be shortened once started.
  2. You can ask us to exclude you from purchasing for a longer or indefinite period by contacting us at the address in Section 19.
  3. Information about these tools and resources for anyone concerned about their purchasing is at /responsible.

12. Taxes

  1. You are responsible for any taxes arising from your purchases, from accepting a buyback offer, or from any later sale of a Card, other than sales tax we collect at checkout.
  2. We may request tax forms and report to tax authorities where required by law.

13. Intellectual property and third parties

  1. The Platform, including its software, design, text and images, is owned by us or our licensors. You receive a limited, revocable, non-transferable licence to use it for personal, non-commercial purposes in accordance with these terms.
  2. Card names, set names, character names, artwork and grading service marks belong to their respective owners. We are not affiliated with, sponsored by or endorsed by any card publisher or grading service.
  3. Content you post (such as a share page caption) remains yours; you grant us a licence to display it on the Platform.

14. Disclaimers and limitation of liability

  1. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN SECTIONS 3, 6, 7 AND 9.
  2. WE DO NOT WARRANT THAT FMV REFLECTS THE PRICE AT WHICH ANY CARD CAN BE BOUGHT OR SOLD, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
  3. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.
  4. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) THE FMV OF THE CARD AT ISSUE.
  5. Some states do not allow certain limitations; in those states the limitations apply to the extent permitted.

15. Dispute resolution: individual arbitration and class waiver

Please read this section carefully
It requires you to resolve disputes with us through binding individual arbitration and waives the right to a jury trial and to participate in a class action. You can opt out within 30 days as described below.
  1. Informal resolution first. Before starting arbitration, you agree to email us at [DISPUTES EMAIL] with a description of the dispute and the relief you seek, and to give us 45 days to resolve it. We agree to do the same before starting any claim against you.
  2. Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these terms, the Platform, or any purchase, that is not resolved informally, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this section.
  3. Fees and location. Fees are allocated under the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol. The arbitration may be conducted by video, phone or written submissions; any in-person hearing will be held in the county where you live or another mutually agreed place.
  4. Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person and may award relief only to the individual party seeking it. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and not in arbitration.
  5. Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same counsel, the parties agree to a batching procedure under the AAA's mass arbitration supplementary rules or, if none apply, a bellwether process of [NUMBER] cases at a time, with the remainder stayed. [ATTORNEY TO CONFIRM CURRENT AAA RULES AND FEE SCHEDULE.]
  6. Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
  7. 30-day opt-out. You may opt out of this arbitration agreement by emailing [DISPUTES EMAIL] within 30 days of first accepting these terms, with your name, the email on your account and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these terms.
  8. Jury waiver. To the extent a claim proceeds in court, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
  9. Changes to this section. If we change this section after you accept these terms, you may reject the change by emailing us within 30 days of the change, in which case the prior version applies to disputes arising before the change.

16. Governing law

These terms and any dispute are governed by the laws of the State of [STATE], without regard to its conflict of law rules, and by the Federal Arbitration Act as to Section 15. Subject to Section 15, the state and federal courts located in [COUNTY, STATE] have exclusive jurisdiction.

17. Changes to these terms

  1. We may update these terms. We will post the updated terms with a new effective date and, for material changes, notify you by email or on the Platform at least 14 days before they take effect.
  2. Changes do not apply to orders completed before the effective date. Continued use of the Platform after the effective date means you accept the updated terms.

18. General

  1. These terms, our Privacy Policy, and the disclosures at /odds, /fairness and /how-we-price are the entire agreement between you and us about the Platform.
  2. If any provision is unenforceable, the rest remains in effect.
  3. We may assign these terms in connection with a merger, acquisition or sale of assets. You may not assign them.
  4. Our failure to enforce a provision is not a waiver.
  5. We are not liable for delay or failure caused by events beyond our reasonable control.
  6. Notices to you will be sent to the email on your account.

19. No purchase necessary

[PLACEHOLDER FOR ATTORNEY REVIEW] Where a free method of entry is required for any promotion, sweepstakes or giveaway we run, the free entry method, eligibility, entry period and odds will be published on the promotion page. No purchase is necessary to enter such a promotion, and a purchase does not improve your chances. Buying a Case is a purchase of a specific physical product, not an entry into a promotion.

20. Contact

[ENTITY LEGAL NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Support: [SUPPORT EMAIL]
Disputes and arbitration opt-out: [DISPUTES EMAIL]