Terms and Conditions

TERMS of SERVICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OUR SITE, AS THEY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, EXCEPT FOR CERTAIN EXCLUSIONS. YOU AGREE THAT ANY DISPUTES WITH D2PC LLC (dba as Boring Collectibles) WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF THE ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND.

User’s Acknowledgment and Acceptance of Terms and Conditions

The Boring Collectibles website and its associated services and content (collectively, the “Website”) is owned and operated by D2PC LLC (“DSPC,” “our,” “we,” or “us”). When using, placing an order for products, or selling products through the Website, you are expressly agreeing to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”).

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AND THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE AND YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED ANY CHANGES, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

By purchasing from or ordering from us, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

All products offered are collectibles and are not legal tender nor government currency.

Any legal questions regarding this Agreement may be directed to:

Boring Collectibles

support@boringcollectibles.com

1. Website

The Website and the related content presented on the Website should not be considered complete and/or may not be up to date. Your reliance upon any information on the Website is solely at your own risk. You understand that D2PC is not obligated to provide any maintenance, technical or other support for the Website.

You represent that you are of legal age in your state or province of residence, or that you have given consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

By using the Website, you acknowledge and agree that D2PC is the owner of, and has rights in and to, the Website and its associated content, including but not limited to any intellectual property contained herein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website or any of its content for any purposes outside of its customary and intended purposes not explicitly approved by written consent or stated in this Agreement. Specifically, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

2. Accuracy and Completeness of Information

We are not responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which may not be current and is provided for your reference only. We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. Trademarks

All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. You are prohibited from using the trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of D2PC LLC.

4. Account Registration

Account registration and use of the Website is free. You may also search, view, and purchase products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account and placing an order on the Website, you are agreeing to receive email and/or text notifications. You may opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, such as your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, and country of residence. All information gathered from you by us will be governed by our Privacy Policy, incorporated herein. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.

You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. We reserve the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in our sole discretion, and without prior warning. You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact us immediately. You agree to hold harmless and indemnify D2PC LLC for any damages that arise out of, or in relationship to, the use of your Account.

5. Order Policies and Procedures

By creating an Account, you agree that D2PC, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email. You may make purchases and order from D2PC only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase with us, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change without notice.

When placing an order on the Website, the price at which your order is submitted is the final price. For all orders under $5,000, payment is due at checkout via credit card, debit card, electronic check, paypal or venmo. For orders above $5,000, your payment must be received by D2PC LLC within three (3) business days by either a bank wire, money order, or check (personal, certified, cashiers or eCheck). A completed order is denoted by our receipt of cleared funds. Orders will be denied if payment is completed after the allowed time frame. We reserve the right to cancel any order, and any payment already received will be promptly refunded. For larger orders, D2PC reserves the right to request additional documentation before acceptance and shipment.

6. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.

7. Credit Card Payments

Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor. We do not store any credit card information. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through D2PC’s third-party payment processors. This temporary charge will be voided. D2PC will not be held liable for any overdraws that may occur because of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that D2PC will not be held liable for any user’s failure to complete a transaction entered through the Website.

We expressly reserve the right to refuse or cancel any order, for any reason, at our sole discretion, regardless of payment method.

8. Cancellation Policy

Once you have placed an order with D2PC you have entered into a binding legal agreement and you may not cancel a confirmed order once shipped. However, after your confirmed order has been placed, but prior to it being shipped, you may choose to cancel upon written request.

9. Return Policy

D2PC’s refund, return and exchange policy is limited to three (3) business days from the date you receive the item. You must notify our Customer Service Department within three (3) business days from the date you receive the item and follow the instructions provided to you at that time. Shipping charges are non-refundable. You are fully responsible for all taxes, as well as return shipping costs, including insuring your return shipment. We may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will be inspected and upon approval a refund will be issued.

10. Shipment

No orders will be shipped until full payment has been received and funds are cleared into our bank account. Once your order ships, you will receive a Shipped email with a tracking number. Note that in some cases it may take 24-48 hours for tracking to begin. We will fully insure all shipments, and each package over $250 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy. However, once a package is shown to be delivered by the carrier, D2PC’s responsibility ends.

It is important you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note that if you use one of these locations as the shipping address, D2PC is not responsible. In addition, if the carrier returns the package to sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return to sender process. This includes the package not making it back to our distribution center, damage or missing contents, etc.

Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.

Delivered but not Received –Please note that D2PC will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to us within two (2) calendar days of recorded delivery, otherwise D2PC may deny a claim.

11. Export Compliance

Our products are subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria, or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.

12. User Generated Content

D2PC may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that D2PC does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant D2PC a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree you are solely responsible for any User Generated Content you submit to the Website. D2PC acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. D2PC does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party. D2PC reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms and conditions of this Agreement. D2PC also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this Agreement, or for no reason, and without prior notice.

13. Section 230 of the Communications Decency Act

You acknowledge and agree that D2PC is an interactive computer service provider under Section 230 of the Communications Decency Act. Though D2PC may edit, remove, or control the content displayed through the Website, you agree that D2PC will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Overall, the Website may contain links to third party websites, applications, or services that D2PC does not own or control. You agree that D2PC will not be held responsible or liable for the content of third-party websites, applications, or services. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of D2PC.

14. Disclaimers, Exclusions and Limitations

CAUTION: All collectible products involve risk related to marketable value and should not be considered investments. You are solely responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. You represent and warrant to D2PC that you have sufficient experience and knowledge to make informed financial decisions and that D2PC is not making any recommendation with respect to such purchases and/or collectible value.

15. Warranties Disclaimer

D2PC PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. D2PC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. D2PC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

D2PC WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN STATEMENTS THAT REFLECT D2PC’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. SUCH STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF D2PC’S CONTROL.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, D2PC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE.

16. Limitation of Liability

D2PC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED VIA THE D2PC ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. D2PC SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, D2PC SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND D2PC’S REASONABLE CONTROL. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. D2PC IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

17. Indemnity and Release

You agree to defend, indemnify and hold D2PC and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, and/or purchase of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to D2PC, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, D2PC may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without D2PC’s consent. You are hereby agreeing to release D2PC and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

18. Relationship

The sole relationship between you and D2PC is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

19. No Waiver

Upon your failure to comply with your duties and obligations to D2PC, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of D2PC in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.

20. Force Majeure

D2PC SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT. A force majeure event means any event beyond the control of D2PC and/or the Website.

21. Warranties, Representations, and Restrictions of Website Use

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.

22. Governing Law

Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and D2PC, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement shall be controlled and governed by, and enforced in accordance with, the applicable laws of the United States of America and the State of Nevada, including laws in the State of Nevada relating to the statute of limitations, without regard to the State of Nevada conflicts of laws provisions.

23. Arbitration Agreement; Class Action Waiver; Waiver of Jury Trial

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Waiver of Jury Trial. YOU AND D2PC EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include, but shall not limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and D2PC agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.

Required Use of JAMS. You agree that the arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect at the time the arbitration is initiated (collectively, the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS Rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at www.jamsadr.com. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules.

Initiating Arbitration. If you intend to seek arbitration you must first send a written notice (the “Notice”), by certified U.S. Mail to the following:

D2PC, LLC

Attn: Legal Department

If D2PC intends to seek arbitration, D2PC will send the Notice to the current billing address on your account with D2PC. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and D2PC cannot reach an agreement within forty-five (45) days from the receipt of the Notice, either party may initiate arbitration proceedings.

Place to File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and D2PC agree and consent that such disputes will be resolved in the federal or state courts in the State of Nevada, as applicable, and that you and D2PC agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of Nevada.

Time Limit to Commence Arbitration. You and D2PC agree that for any dispute (except intellectual property disputes), you or D2PC must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with D2PC.

24. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

25. Entire Agreement

This Agreement constitutes the entire agreement between you and D2PC and governs your use of the Website, superseding any prior agreements.

26. Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and D2PC will not knowingly collect personally identifiable information from children under the age of eighteen (18). If D2PC inadvertently collects such personally identifiable information, D2PC will delete the personally identifiable information in accordance with its security protocols.

27. Reservation of Rights

All rights not expressly granted herein are reserved to D2PC.

28. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.