Terms and Conditions

1. ACCEPTANCE, ELIGIBILITY, AND ACCOUNTS

1.1. Binding Agreement

These Terms apply whenever you access or use the Platform. Certain Pools, Pulls, promotions, alternative methods of participation, or other features may also be governed by additional disclosures or official rules (“Official Rules”) presented or made available before participation. If applicable Official Rules conflict with these Terms concerning a specific promotion or method of participation, the Official Rules will control solely with respect to that promotion or method.

1.2. Age and Legal Eligibility

You must be at least eighteen (18) years old and have reached the age of majority in your jurisdiction to create an account, make a purchase, initiate a paid Pull, accept a Buyback Offer, or use any Platform feature involving randomized allocation of Collectibles. BinderX may impose a higher minimum age or additional eligibility requirements where required by applicable law, regulatory requirements, payment-provider rules, or app marketplace policies. You may not use any BinderX feature where such use is prohibited by applicable law.

1.3. User Accounts

You may be required to create an account to use certain Platform features. You agree to provide accurate, current, and complete information and to keep your account information and login credentials secure. You are responsible for activity conducted through your account unless such activity results from BinderX’s failure to comply with its legal or security obligations.

You may not:

• a) create an account using false or misleading information;
• b) impersonate another person;
• c) permit another person to use your account in violation of these Terms;
• d) transfer or sell your account without BinderX’s written authorization; or
• e) create or control multiple accounts for the purpose of circumventing eligibility, participation, geographic, promotional, purchase, NPN, or other restrictions.

1.4. Verification

BinderX may require reasonable identity, age, location, payment, fraud-prevention, tax, sanctions, or eligibility verification before permitting or completing a Pull, purchase, Buyback Offer, payout, shipment, NPN entry, or other Platform transaction. Failure to complete required verification may result in suspension, delay, cancellation, or restriction of the affected feature or transaction to the extent permitted by law.

1.5. Geographic Eligibility

BinderX is currently intended for eligible Users located in the United States. Not every Pool, Pull, promotion, Buyback Offer, NPN Method, or other feature is necessarily available in every state or territory. BinderX may restrict, suspend, or prohibit any feature in a jurisdiction where its availability:

• a) is prohibited or restricted by law;
• b) requires a license, registration, filing, bond, regulatory approval, or other legal requirement not satisfied by BinderX;
• c) conflicts with an app marketplace or payment-provider requirement; or
• d) otherwise creates a material legal, compliance, or regulatory risk.

Any applicable geographic restrictions will be disclosed where reasonably practicable before participation.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1.6. Modifications to Terms

BinderX may update these Terms from time to time. Material changes will become effective after reasonable notice through the Platform, email, or another reasonable method. Unless otherwise required by law, a transaction will be governed by the version of these Terms and applicable Official Rules in effect when that transaction is initiated. Your continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

2. RANDOMIZED PULLS, POOLS, AND COLLECTIBLES

2.1. BinderX Pulls

BinderX may make available randomized digital Pulls associated with identified pools of physical collectibles (“Pools”). A “Pull” is the process through which the Platform randomly allocates to an eligible User one or more physical trading cards or other collectibles (“Collectibles”) from the applicable Pool. Although the Pull and reveal occur digitally, the Collectible allocated through a valid Pull represents an actual physical Collectible held or controlled for fulfillment by BinderX.

2.2. Pool Information

Before initiating a paid Pull, BinderX will provide information reasonably sufficient to identify the applicable Pool, which may include:

• a. the types or categories of Collectibles available;
• b. featured or identified Collectibles;
• c. the quantity of items or categories available, where applicable;
• d. applicable odds, probabilities, tiers, ranges, or selection methodology;
• e. the price of the Pull;
• f. material grading or condition information; and
• g. additional Pool-specific restrictions or terms.

Pool contents may include sports cards, Pokémon cards, other TCG cards, graded slabs, raw cards, and other disclosed Collectibles.

2.3. Random Allocation

The Collectible allocated through a Pull is determined through BinderX’s applicable randomized allocation process. BinderX will not knowingly manipulate an individual Pull after it has been initiated for the purpose of changing the result for a particular User. BinderX may use automated systems, randomization technology, inventory controls, fraud-prevention systems, security procedures, and other technical methods to administer Pools and Pulls.

2.4. Reveal and Finality of Pull

After a valid Pull has been completed, the Platform will reveal the Collectible allocated to the User. Except in cases involving a verified technical error, duplicate transaction, fraud, material misrepresentation, nonconforming product, payment error, or another circumstance requiring a remedy under applicable law or these Terms, the result of a completed Pull is final. A completed Pull may not be rerolled, exchanged, cancelled, or reversed solely because the User is dissatisfied with the identity, market value, rarity, player, character, team, set, grade, condition, or desirability of the properly disclosed Collectible. A Buyback Offer, if available, constitutes a separate transaction and does not constitute cancellation, reversal, or refund of the original Pull.

2.5. Odds and Probability Disclosures

Where BinderX states odds or probabilities for a Pool, those disclosures will be based upon the applicable Pool inventory and allocation methodology at the time the information is displayed. Unless expressly stated otherwise, the odds displayed immediately before initiation of a Pull will apply to that Pull. Odds may change for future Pulls as Collectibles are allocated, removed, added, or otherwise change within a Pool. BinderX may update Pool information and odds prospectively to reflect such changes. BinderX will not intentionally alter published odds applicable to a Pull after that Pull has been initiated. Odds describe probabilities and do not guarantee that any particular User will receive a particular Collectible.

2.6. No Guarantee of Particular Outcome

Except for characteristics expressly identified as guaranteed before a Pull, BinderX does not guarantee that a User will receive any particular:

• a) card;
• b) athlete, player, or character;
• c) team;
• d) set;
• e) year;
• f) manufacturer;
• g) variation or parallel;
• h) rarity;
• i) grade;
• j) condition;
• k) certification number; or
• l) current or future market value.

2.7. Market Value

Collectible values may fluctuate significantly based on factors including collector demand, player performance, scarcity, grading populations, condition, market trends, economic conditions, marketplace activity, and other factors outside BinderX’s control. BinderX does not guarantee the present or future value, resale price, liquidity, or investment performance of any Collectible.

2.8. Ownership Following Reveal

Subject, as applicable, to successful payment, eligibility verification, fraud review, completion of any verification required under applicable Official Rules, and correction of manifest technical errors, title to a physical Collectible validly allocated through a paid Pull or awarded through an eligible NPN Method transfers to the User upon completion and reveal or confirmation of the applicable allocation. If the User elects or is permitted to retain the Collectible in the Binder, the User remains the owner of the Collectible and BinderX retains physical possession as custodian subject to these Terms. Ownership does not require immediate shipment.

2.9. Raw Cards

Raw cards are ungraded Collectibles and may exhibit variations in:

• a) centering;
• b) corners;
• c) edges;
• d) surfaces;
• e) printing;
• f) color;
• g) wear;
• h) age-related characteristics;
• i) handling; and
• j) other physical condition attributes.

Unless BinderX expressly provides a specific condition representation, numerical grade, or condition range before the applicable Pull, no particular grade or future third-party grading result is promised or implied. Where BinderX expressly provides a condition description or range, the fulfilled card will materially conform to that disclosure.

2.10. Graded Cards

Professionally graded cards are graded by independent third-party grading companies, which may include PSA, BGS, SGC, CGC, or other disclosed grading providers. BinderX relies on the grade assigned by the applicable grading company. BinderX does not guarantee that another grading company, marketplace, reseller, collector, buyer, or future regrading submission will agree with that grade.

2.11. Certification Number Substitutions

Unless a particular grading certification number is expressly identified as a material characteristic of a Pull, BinderX may fulfill a graded Collectible using a different certification number provided that the replacement materially matches the Collectible disclosed, including the applicable:

• a) card;
• b) year;
• c) set;
• d) player or character;
• e) relevant variation or parallel;
• f) grading company; and
• g) grade.

A different grading-company certification number alone will not constitute a material substitution. This Section does not authorize BinderX to substitute a materially different autograph, memorabilia attribute, manufacturer-issued serial-numbered variation, edition, parallel, error card, or other material characteristic unless the possibility of such substitution was clearly disclosed before the Pull.

2.12. Technical and Manifest Errors

If a Pull or transaction is materially affected by a verified:

• a) software malfunction;
• b) duplicate allocation;
• c) corrupted inventory record;
• d) erroneous Pool configuration;
• e) pricing error;
• f) payment failure;
• g) system malfunction; or
• h) other manifest technical or administrative error,

BinderX may take reasonable corrective action. Depending on the circumstances, corrective action may include restoring an affected Pull, providing the properly allocated Collectible, cancelling the affected transaction and issuing a refund, replacing a Collectible, or providing another remedy required by applicable law. BinderX will not invoke this provision merely because the market value of a properly allocated Collectible increases or decreases after the Pull.

3. PRICING AND PAYMENT

3.1. Currency

Unless otherwise stated, all prices are stated and charged in United States Dollars (USD).

3.2. Prices

The price applicable to a Pull, Collectible, shipment, or other paid service will be displayed before the User confirms the applicable transaction. Applicable shipping charges, taxes, or other mandatory charges will be disclosed where required before completion of the transaction.

3.3. Payment Authorization

By providing a payment method, you represent and warrant that you are authorized to use that payment method and authorize BinderX and its payment processor to charge the disclosed amount.

3.4. Taxes

You are responsible for applicable sales, use, excise, or similar taxes imposed upon your transaction, except taxes imposed directly upon BinderX’s income. BinderX may calculate, collect, report, and remit taxes where required by applicable law.

3.5. Pricing Errors

If BinderX discovers a material pricing or transaction error before fulfillment, BinderX may cancel the affected transaction and issue a full refund. BinderX will not retroactively increase the price of a validly completed transaction.

3.6. Payment Processors

Payments may be processed by independent third-party payment processors. Use of a third-party payment service may also be subject to that provider’s terms and privacy practices. Payment-card information may be transmitted directly to and processed by a payment processor rather than stored by BinderX.

3.7. Mobile Application Payments

Transactions conducted through a mobile application will use payment methods permitted by applicable law and the policies of the relevant app marketplace.

4. BINDER

4.1. Binder Service

After a Collectible has been revealed and allocated to a User, the User may elect to retain the Collectible in the Binder rather than request immediate shipment. The Binder is a physical custody and storage service for User-owned Collectibles. A Collectible displayed in the User’s Binder represents the physical Collectible allocated to that User, subject to any permitted graded-card substitution described in Section 2.11.

4.2. Ownership While Stored

Storage in the Binder does not transfer ownership of the Collectible back to BinderX. Unless the User subsequently accepts a Buyback Offer or otherwise transfers ownership, the User remains the owner of the Collectible while BinderX retains physical possession.

4.3. Binder Storage Fees

BinderX currently provides Binder storage without a storage fee. BinderX may introduce or modify storage-related fees in the future only upon reasonable advance notice and subject to applicable law. BinderX will not retroactively charge a storage fee for a period during which the applicable storage service was represented to the User as free.

4.4. Standard of Care

BinderX will exercise commercially reasonable care when storing and safeguarding User-owned Collectibles held in the Binder. Users may not physically access Binder items except through available shipment or fulfillment procedures provided by BinderX.

4.5. Lost or Damaged Binder Collectibles

If BinderX confirms that a User-owned Collectible was lost, destroyed, or materially damaged while in BinderX’s custody due to BinderX’s failure to exercise commercially reasonable care, BinderX will provide an appropriate remedy as required by applicable law. Where legally permitted and reasonably possible, BinderX may replace the affected Collectible with a materially equivalent Collectible. If a materially equivalent replacement is not reasonably available, BinderX may compensate the User based on the verified fair market value of the affected Collectible immediately before the loss or damage occurred.

4.6. Dormant Accounts

BinderX may contact Users regarding Collectibles remaining in inactive or dormant accounts. BinderX will not treat a User-owned Collectible as forfeited solely because an account becomes inactive. Any prolonged inactive-account property will be handled in accordance with applicable unclaimed-property, abandonment, escheat, or other applicable law.

5. SHIPPING AND DELIVERY

5.1. Shipment Requests

Users may request shipment of eligible Collectibles held in their Binder using the process available through the Platform. Before confirming shipment, BinderX may require the User to:

• a) verify the shipping address;
• b) pay disclosed shipping charges;
• c) select an available shipping method;
• d) satisfy applicable identity or fraud checks; and
• e) provide information reasonably necessary for fulfillment.

5.2. Shipping Timeframes

Once a valid shipment request is completed, BinderX will ship within the timeframe stated at the time of the request or, if no timeframe is stated, within the period required by applicable law. A User who voluntarily elects to retain a Collectible in the Binder is requesting storage rather than immediate physical shipment. To the extent permitted by applicable law, the shipping timeframe applicable to a later shipment request begins when the User properly submits that request.

5.3. Delayed Shipment

If BinderX cannot ship within the represented or legally required timeframe, BinderX will provide any delay notice, revised timeframe, consent request, cancellation right, refund, or other remedy required by applicable law.

5.4. Shipping Address

You are responsible for providing a complete and accurate delivery address. BinderX will not be responsible for loss resulting solely from an incorrect address supplied by the User after a shipment has been properly delivered or redirected according to the User’s instructions, except where otherwise required by law.

5.5. Delivery

Delivery will be determined through the applicable carrier’s delivery records or other reasonably reliable delivery confirmation. BinderX may require signature confirmation, insurance, tracking, or another protective shipping method for Collectibles of higher value.

5.6. Risk of Loss During Shipment

Except where otherwise provided by applicable law, risk of loss for a Collectible shipped through BinderX’s standard fulfillment process remains with BinderX until delivery to the shipping address designated by the User.

6. RETURNS, REFUNDS, AND BUYBACK OFFERS

6.1. Finality of Pulls

Because the identity of the Collectible is revealed after completion of the randomized Pull, paid Pulls are final once validly completed and revealed, except where cancellation, refund, replacement, or another remedy is required by applicable law or expressly provided under these Terms.

Dissatisfaction with the properly disclosed Collectible’s:

• a) market value;
• b) desirability;
• c) player;
• d) character;
• e) team;
• f) set;
• g) rarity;
• h) grade; or
• i) other characteristics

does not independently create a right to a refund.

6.2. Buyback Offers

Following a Pull, BinderX may present the User with an offer to purchase the revealed Collectible from the User (“Buyback Offer”). A Buyback Offer is a separate transaction between the User and BinderX. It is not a refund, cancellation, reversal of the Pull, guaranteed resale value, or representation regarding the Collectible’s fair market value. The amount of the Buyback Offer will be displayed to the User before acceptance.

6.3. Twenty-Four-Hour Buyback Period

Unless a different period is clearly disclosed with the applicable offer, a Buyback Offer expires twenty-four (24) hours after it is first presented or made available to the User. The User must affirmatively accept the Buyback Offer through the method provided by BinderX within the applicable period. Failure to accept the offer within that period causes the Buyback Offer to expire automatically.

6.4. Effect of Buyback Acceptance

Upon valid acceptance of a Buyback Offer and completion of any required eligibility, payment, fraud, identity, or account verification, the User agrees to sell and transfer ownership of the applicable Collectible back to BinderX for the displayed Buyback amount. After completion of the Buyback transaction, the User will no longer have ownership or shipment rights in that Collectible. Except where required by law or where a manifest technical error occurred, an accepted and completed Buyback transaction is final.

6.5. Buyback Payments

BinderX will provide the accepted Buyback amount through the payment, payout, account-credit, original-payment, or other method disclosed to the User before acceptance of the Buyback Offer. Any applicable withdrawal requirements, processing periods, payment-provider conditions, identity verification, or legally required tax reporting will apply.

6.6. Buyback Is Not a Valuation

A Buyback Offer represents only the amount BinderX is willing to pay for a particular Collectible at the time of the offer.

A Buyback Offer is not an appraisal or representation regarding the Collectible’s:

• a) fair market value;
• b) retail value;
• c) investment value;
• d) resale value; or
• e) future value.

Users are free to decline a Buyback Offer, retain the Collectible in the Binder, or request shipment subject to these Terms.

6.7. Buyback Availability and Promotional Awards

Buyback Offers are discretionary and are not guaranteed to be available for every Collectible, Pull, Pool, account, or method of participation. BinderX may limit or decline to make a Buyback Offer for a Collectible obtained through an NPN Method, sweepstakes, promotional program, or other free-entry opportunity where such limitation is required or reasonably appropriate for compliance with applicable law, the applicable Official Rules, or app marketplace requirements. Any applicable Buyback eligibility restrictions will be disclosed through the Platform or applicable Official Rules.

6.8. Exceptions and Remedies

A User may be entitled to an appropriate remedy where:

• a) the wrong Collectible is fulfilled;
• b) a fulfilled Collectible materially fails to match an express description applicable to the Pull;
• c) a Collectible is materially damaged while in BinderX’s custody due to BinderX’s failure to exercise commercially reasonable care;
• d) a Collectible is materially damaged during shipment under circumstances for which BinderX is legally responsible;
• e) BinderX fails to provide a Collectible properly allocated to the User;
• f) a duplicate charge, payment error, or verified technical error occurs; or
• g) applicable law otherwise requires a refund or remedy.

6.9. Claims

To report an issue, contact BinderX at ADMIN@binder-x.com within a reasonable period after discovering the issue and provide:

• a) your account information;
• b) transaction or Pull number;
• c) a description of the issue; and
• d) reasonably available supporting evidence.

BinderX may request photographs, packaging, carrier documentation, or other reasonable evidence when investigating damage or fulfillment claims. Nothing in this Section shortens or waives any mandatory claim period or consumer right provided by applicable law.

6.10. Consumer Rights

Nothing in these Terms excludes, restricts, or waives a consumer right or remedy that cannot legally be excluded, restricted, or waived.

7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

7.1. No Investment Advice

BinderX does not provide investment, financial, securities, or collectibles-investment advice.

Information concerning Collectibles, historical sales, market values, scarcity, population reports, trends, or comparable transactions is provided for informational purposes only.

7.2. No Value Guarantee

BinderX does not guarantee:

• a) the present market value of any Collectible;
• b) future appreciation;
• c) resale value;
• d) market demand;
• e) investment returns; or
• f) the availability of a future buyer.

7.3. Raw Card Condition

Raw cards are ungraded and may display condition variations. Unless BinderX expressly represents a specific condition or condition range before the applicable Pull, raw cards are provided without a representation that they would receive any particular numerical grade if submitted to a third-party grading company. Nothing in this provision permits BinderX to materially misrepresent the condition of a card or overrides an express condition representation made before the transaction.

7.4. Third-Party Grading

BinderX does not control independent grading companies. BinderX is not responsible for changes to third-party grading standards, future regrading results, population-report changes, grader opinions, or disagreement between grading services.

7.5. Platform Availability

BinderX does not guarantee that the Platform will operate continuously or without interruption, delay, error, or temporary unavailability. BinderX may temporarily suspend Platform functions for maintenance, security, legal compliance, system upgrades, fraud prevention, or other legitimate business purposes.

7.6. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES STATED IN THESE TERMS OR REQUIRED BY LAW, BINDERX DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8. PROHIBITED CONDUCT

8.1. Prohibited Activities

You may not:

• a) use stolen, fraudulent, deceptive, or unauthorized payment information;
• b) submit fraudulent or knowingly baseless chargebacks or payment disputes;
• c) use bots, scripts, automated systems, exploits, reverse engineering, manipulation, or unauthorized methods to influence or attempt to influence a Pull, Pool, randomization process, Buyback Offer, NPN entry, or Platform operation;
• d) create or control multiple accounts for the purpose of circumventing eligibility, participation, purchase, geographic, NPN, promotional, or other restrictions;
• e) misrepresent your identity, age, location, eligibility, ownership, or payment authority;
• f) exploit or knowingly retain the benefit of a manifest technical, pricing, inventory, or allocation error;
• g) interfere with Platform security, integrity, availability, or functionality;
• h) access another User’s account without authorization;
• i) use BinderX for money laundering, fraud, unlawful financial activity, or any unlawful purpose;
• j) infringe BinderX’s or another person’s intellectual-property, privacy, contractual, publicity, or proprietary rights; or
• k) otherwise violate these Terms, applicable Official Rules, or applicable law.

Nothing in subsection (b) prevents a User from exercising a lawful right to dispute a genuinely unauthorized, erroneous, undelivered, or otherwise legally disputable charge.

8.2. Transaction Cancellation

BinderX may reasonably refuse, suspend, investigate, limit, or cancel a transaction where necessary because of:

• a) suspected fraud;
• b) payment failure;
• c) manifest technical or pricing error;
• d) legal restrictions;
• e) sanctions requirements;
• f) inventory inconsistencies;
• g) violation of these Terms; or
• h) another legitimate security or compliance concern.

If BinderX cancels a paid transaction after payment and the User has not received the applicable Collectible or other consideration, BinderX will provide the refund or remedy required by applicable law.

8.3. Account Suspension or Termination

BinderX may suspend or terminate an account for a material violation of these Terms, fraud, abuse, illegal activity, attempted manipulation, security threats, repeated payment abuse, or where continued access is prohibited by law. Account termination does not automatically transfer ownership of User-owned Collectibles held in the Binder to BinderX. BinderX will provide a lawful process for addressing User-owned Binder property, subject to legitimate fraud investigations, legal holds, unpaid amounts, sanctions requirements, court orders, and applicable law.

9. LIMITATION OF LIABILITY

9.1. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BINDERX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR A TRANSACTION, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR ANTICIPATED INVESTMENT RETURNS.

9.2. Transaction Liability

Except for claims concerning User-owned Collectibles while in BinderX’s physical custody under Section 9.3, and except where a limitation is prohibited by law, BinderX’s aggregate liability arising from a particular Pull, purchase, Buyback transaction, or shipment will not exceed the amount paid by the User to BinderX in connection with the transaction giving rise to the claim.

9.3. Binder Property

Where a User-owned Collectible is lost, destroyed, or materially damaged while in BinderX’s physical custody due to BinderX’s failure to exercise commercially reasonable care, any limitation of liability will remain subject to applicable law. Where legally permitted and replacement is not reasonably available, direct loss may be measured using the verified fair market value of the affected Collectible immediately before the loss or damage occurred, based upon reasonably reliable market information.

9.4. Market Losses

BinderX is not responsible for changes in the market value of Collectibles caused by player performance, market demand, grading populations, industry trends, economic conditions, regrading, marketplace changes, or other factors outside BinderX’s reasonable control.

9.5. Non-Excludable Liability

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by law, including any liability that cannot lawfully be waived for fraud, willful misconduct, gross negligence, or other non-waivable statutory rights.

10. NO PURCHASE NECESSARY METHODS AND OFFICIAL RULES

10.1. NPN Programs

Where BinderX makes a Pool, promotion, or randomized opportunity available through a No Purchase Necessary method (“NPN Method”), participation through the NPN Method will be governed by the applicable Official Rules.

NO PURCHASE OR PAYMENT WILL BE NECESSARY TO USE THE APPLICABLE NPN METHOD OR TO BE ELIGIBLE FOR AN AWARD THROUGH THAT METHOD.

For any promotional opportunity that includes both paid participation and an NPN Method, making a purchase or payment will not increase a participant’s odds, provide additional consideration in the selection process, or otherwise give the participant an advantage over an eligible NPN entry. Paid and eligible NPN entries will be administered in accordance with the applicable Official Rules and applicable law.

10.2. NPN Procedures

The applicable Official Rules will describe the precise free method of participation. Depending upon the applicable promotion, the NPN Method may be provided through an online, mail-in, or other lawful free-entry process.

The Official Rules will disclose, as applicable:

• a) the entry period;
• b) eligibility requirements;
• c) geographic restrictions;
• d) age requirements;
• e) entry limits;
• f) the free-entry procedure;
• g) selection or allocation methodology;
• h) available Collectibles, prizes, or award categories;
• i) applicable odds or factors affecting odds;
• j) verification requirements;
• k) fulfillment procedures;
• l) applicable taxes; and
• m) other material conditions.

10.3. Compliance With Entry Requirements

The NPN Method must be followed according to the applicable Official Rules. Incomplete, automated, fraudulent, duplicate, untimely, or otherwise ineligible requests may be rejected to the extent permitted by the Official Rules and applicable law.

10.4. No Payment to Claim Award

BinderX will not require an eligible NPN participant to purchase a Pull or another product as a condition of receiving a Collectible or award properly allocated through an applicable NPN Method. Any tax-reporting or other legal obligations applicable to a recipient remain the recipient’s responsibility where permitted by law.

10.5. Official Rules

Any sweepstakes, contest, promotional program, game promotion, promotional Pool, or NPN program that requires separate Official Rules will be governed by those Official Rules. Official Rules may include additional eligibility restrictions, entry procedures, odds, Pool or award descriptions, dates, geographic exclusions, verification requirements, limits, tax provisions, and legally required disclosures.

10.6. Geographic and Regulatory Restrictions

BinderX may exclude or restrict residents of any state, territory, or jurisdiction from a particular Pool, Pull, promotion, Buyback feature, or NPN program where BinderX reasonably determines that the feature would violate applicable law or require licensing, registration, bonding, filing, approval, or another legal requirement not satisfied by BinderX.

10.7. Legal Characterization

Nothing in these Terms is intended to characterize any transaction, promotion, Pull, Pool, or Platform feature in a manner inconsistent with applicable law. BinderX may modify eligibility requirements, geographic availability, promotional structures, NPN procedures, Buyback functionality, or Platform features where reasonably necessary for legal or regulatory compliance.

11. PRIVACY AND DATA PROTECTION

11.1. Privacy Policy

BinderX’s collection, use, disclosure, retention, and protection of personal information is governed by the BinderX Privacy Policy made available through the Platform and/or BinderX website. The Privacy Policy is incorporated into these Terms by reference where permitted by applicable law.

11.2. Information Used to Operate BinderX

BinderX may collect and process information reasonably necessary to operate the Platform and provide its services, including:

• a) account information;
• b) name and contact information;
• c) shipping information;
• d) transaction records;
• e) payment-related information;
• f) device and technical information;
• g) fraud-prevention and security information;
• h) customer-support communications;
• i) other information described in the Privacy Policy; and
• j) location or geographic eligibility information, where used to determine feature availability or comply with legal or regulatory requirements.

11.3. Account Deletion

Where required by applicable law or app marketplace requirements, Users may request deletion of their BinderX account through the process identified in the Platform or Privacy Policy. BinderX may retain information where reasonably necessary for legal compliance, fraud prevention, tax, accounting, transaction records, dispute resolution, security, or fulfillment of outstanding property rights. Deletion of an account does not automatically extinguish ownership rights in Collectibles remaining in the User’s Binder.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. Governing Law

These Terms and disputes arising from them will be governed by the laws of the State of Michigan, without regard to conflict-of-laws principles, except to the extent mandatory federal law or non-waivable consumer law of the User’s jurisdiction applies.

12.2. Informal Dispute Resolution

Before commencing arbitration or litigation, the User and BinderX agree to make a good-faith effort to resolve the dispute informally. A User may send written notice describing the dispute and requested relief to:

Binder X LLC
Email: ADMIN@binder-x.com

BinderX may send notices to the email address associated with the User’s account.

The parties will have thirty (30) days following receipt of the notice to attempt to resolve the dispute before commencing formal proceedings, except where emergency injunctive relief is reasonably necessary.

12.3. Binding Individual Arbitration

Except for matters eligible for small-claims court and claims seeking temporary or preliminary injunctive relief to prevent actual or threatened misuse of intellectual property, fraud, unauthorized access, or similar immediate harm, disputes arising out of or relating to these Terms, the Platform, Pulls, Pools, Buybacks, Binder services, shipments, or transactions will be resolved through binding individual arbitration to the fullest extent permitted by law. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, as modified by these Terms. If AAA is unavailable or unwilling to administer the arbitration, the parties may agree upon another nationally recognized arbitration provider or request a court of competent jurisdiction to appoint an appropriate provider.

12.4. Small Claims

Either party may bring an individual claim in a court of competent jurisdiction that qualifies as a small-claims action, provided the matter remains individual and within that court’s jurisdiction.

12.5. Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO ASSERT CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Unless both parties expressly agree otherwise, an arbitrator may not consolidate the claims of multiple persons or preside over a representative or class proceeding.

12.6. Arbitration Opt-Out

A User may opt out of Sections 12.3 through 12.5 by sending written notice to ADMIN@binder-x.com within thirty (30) days after first accepting these Terms. The notice must identify the User and clearly state that the User elects to opt out of arbitration. Opting out of arbitration will not affect the remaining provisions of these Terms.

12.7. Court Venue

For any dispute that is not subject to arbitration, the parties consent to jurisdiction in the applicable state or federal courts located in Michigan, subject to mandatory venue or consumer-protection rights that cannot legally be waived.

13. MOBILE APPLICATION AND APP MARKETPLACE TERMS

13.1. Apple App Store

If you download or use the BinderX application through Apple’s App Store, the following additional provisions apply:

• a. These Terms are concluded between you and BinderX only, and not with Apple Inc. BinderX, and not Apple, is solely responsible for the BinderX application and its content.
• b. Subject to these Terms, BinderX grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the BinderX application on Apple-branded products that you own or control and as permitted by the applicable usage rules contained in the Apple Media Services Terms and Conditions, including any permitted Family Sharing or similar functionality.
• c. BinderX, and not Apple, is responsible for providing maintenance and support services relating to the BinderX application as required by applicable law or expressly provided under these Terms. Apple has no obligation to provide maintenance or support services for the BinderX application.
• d. To the extent any warranty applicable to the BinderX application has not been effectively disclaimed, BinderX is solely responsible for that warranty. If the BinderX application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price paid for the application in accordance with Apple’s applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the BinderX application.
• e. BinderX, and not Apple, is responsible for addressing claims by you or a third party relating to the BinderX application or your possession or use of it, including product-liability claims, claims that the application fails to comply with applicable legal or regulatory requirements, and claims arising under consumer-protection or similar laws.
• f. If a third party claims that the BinderX application or your possession or use of it infringes that third party’s intellectual-property rights, BinderX, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.
• g. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as supporting terrorism and that you are not listed on any United States Government list of prohibited or restricted parties.
• h. You must comply with applicable third-party terms when using the BinderX application, including applicable wireless-data, payment-provider, and device terms.
• i. Apple is not responsible for BinderX Pulls, Pools, Collectibles, Buyback Offers, Binder services, shipping, NPN Methods, contests, sweepstakes, or other BinderX promotions.
• j. Apple is not a sponsor of and is not involved in any BinderX contest, sweepstakes, game promotion, promotional Pool, or NPN program. Applicable Official Rules presented through the iOS application will likewise state that Apple is not a sponsor of or involved in the applicable promotion.
• k. Apple and its subsidiaries are third-party beneficiaries of this Section and, upon your acceptance of these Terms, Apple will have the right to enforce the applicable provisions against you as a third-party beneficiary.

Questions, complaints, or claims relating to the BinderX application may be directed to BinderX using the contact information provided in Section 16.

13.2. Google Play

If you access BinderX through Google Play, BinderX, rather than Google LLC, is responsible for BinderX’s services, Collectibles, Pulls, Pools, Buyback Offers, Binder services, shipments, and promotions except for obligations expressly undertaken by Google under its own terms. Availability of any BinderX feature through Google Play remains subject to Google’s then-current developer, payment, contest, and marketplace policies.

13.3. Marketplace Policy Changes

Apple, Google, payment processors, carriers, grading companies, and other third parties maintain independent policies that may change. BinderX may modify, suspend, relocate, restrict, or discontinue a Platform feature where reasonably necessary to comply with applicable law or third-party platform requirements.

14. INTELLECTUAL PROPERTY

14.1. BinderX Property

The BinderX Platform, software, user interface, branding, logos, graphics, text, databases, proprietary content, systems, and other materials provided by BinderX are owned by or licensed to BinderX and are protected by applicable intellectual-property laws.

Except for the limited right to use the Platform for its intended purpose, no right, title, or interest in BinderX intellectual property is transferred to the User.

14.2. Collectible Intellectual Property

Ownership of a physical Collectible does not transfer copyright, trademark, publicity, licensing, or other intellectual-property rights relating to the artwork, photographs, characters, players, teams, leagues, logos, trademarks, or other content appearing on that Collectible.

14.3. Third-Party Brands

References to manufacturers, leagues, teams, athletes, Pokémon, TCG brands, grading companies, marketplaces, or other third parties do not imply sponsorship, endorsement, partnership, or affiliation with BinderX unless expressly stated. All third-party trademarks and intellectual-property rights remain the property of their respective owners.

15. GENERAL PROVISIONS

15.1. Entire Agreement

These Terms, together with the BinderX Privacy Policy, applicable Official Rules, transaction-specific disclosures, and any other policy expressly incorporated by reference, constitute the agreement between the User and BinderX concerning the Platform and applicable transactions.

15.2. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. To the extent legally permitted, the invalid provision will be interpreted or modified only to the minimum extent necessary to make it enforceable while preserving its intended purpose.

15.3. Waiver

BinderX’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or BinderX’s right to enforce it later.

15.4. Assignment

You may not assign or transfer your rights or obligations under these Terms without BinderX’s prior written consent. BinderX may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or other lawful business transaction.

15.5. Electronic Communications

By using the Platform, you consent to receive transactional communications electronically, including:

• a) account notices;
• b) receipts;
• c) Pull confirmations;
• d) Buyback Offer information;
• e) Binder notices;
• f) shipment notices;
• g) legal notices; and
• h) notices concerning changes to these Terms.

Marketing communications will remain subject to applicable law and available opt-out rights.

15.6. Third-Party Services

BinderX may use third parties for payment processing, shipping, grading, authentication, cloud hosting, analytics, identity verification, fraud prevention, communications, or other services. BinderX is not responsible for independent third-party services outside BinderX’s reasonable control except where applicable law provides otherwise.

15.7. Force Majeure

BinderX will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil disturbance, labor disruption, widespread telecommunications or internet failure, governmental action, carrier interruption, infrastructure failure, or similar events. This provision does not excuse BinderX from providing refunds or other remedies where required by applicable law.

15.8. Headings

Section headings are provided for convenience only and do not affect interpretation of these Terms.

15.9. Survival

Provisions that by their nature should survive termination of an account or completion of a transaction will survive, including provisions concerning ownership, Buyback transactions, intellectual property, disclaimers, limitations of liability, dispute resolution, and outstanding payment or property obligations.

16. CONTACT INFORMATION

For questions, concerns, notices, or claims concerning these Terms or BinderX services, contact:

Binder X LLC
Email: ADMIN@binder-x.com
Website: www.binder-x.com