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Terms of Service

These Terms of Service (“Terms of Service”) govern the use of information and services provided by PROVA Group (www.provagroup.com). This website and associated application(s) are provided by PROVA Group, Inc. (referred to throughout this website as “Service Provider”, "PROVA Group" or “we”) as a service to our customers. "User" means you, individually, the person logging in to use the System (defined below), and, if you are making use of the System for the benefit of another person or entity, that other person or entity. Use of the System is subject to these terms of service, which the User agrees to by using the System. Service Provider does not consent to any use of the System, even the public / free version, unless User agrees to these Terms of Service. PROVA Group reserves the right to update or modify these Terms of Service at any time without prior notice to you. Your use of the System following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this System.

1. The System and Use of the System

Service Provider publishes an interactive computer service at its website, which may include mobile applications, downloadable components and other software (collectively the "System" or “Website”). The System helps collectors purchase authentic goods; provides a digital showcase for collectors to manage their authentic goods; and offers additional capabilities and special considerations for subscribers who want to put the memory back into their memorabilia. The System allows Users to create account profiles; access content; augment the registration and witness records within their digital showcase; take advantage of additional capabilities and special considerations such as PROVA partner offerings; and generally to interact with other Users of the System. Access to and use of premium parts of the System may be subject to a fee, which will be clearly disclosed.

By accepting these Terms of System through your use of the System, you certify that you are at least 18 years of age or the age of majority where you live. If you are under the age of 18 but at least 13 years of age you may use this System only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you do not agree to (or cannot comply with) any of these Terms of Service, do not use this System.

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Service. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this System (collectively, the "Contents") are intended solely for personal, non- commercial use. You may download or copy the Contents and other downloadable materials displayed on the System for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the System or any related software. All software used on this System is the property of PROVA Group or its suppliers and protected by U.S. and international copyright laws.

Objectionable Material

You understand that by using this System or any services provided on the System, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the System and any service at your sole risk and that PROVA Group and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Use of Device Camera and Microphone

At your option, the System utilizes your device camera and microphone to augment your digital showcase with images and videos.

Device Resource Requirements

In addition to your device camera and microphone, the System utilizes your device storage to capture data to supplement the registration and witness data for the authentic goods in your digital showcase.

The System relies on a stable and adequate network connection (i.e., either Wi-Fi, cellular or other network connection) for augmenting and managing your digital showcase. If the device network connection is interrupted, impaired or reduced below the acceptable level, your access to your digital showcase may degrade or be terminated.

System Security

Users are prohibited from violating or attempting to violate the security of the System or exceeding their permitted access to the System, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the System, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Service Provider may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this System, automate what are otherwise manual processes or to catalog any information on this System.

User Obligations and Acknowledgements; User Accounts and access

User is responsible for maintaining the strict confidentiality of all user names and passwords and other access credentials to keep all user names and passwords secure. The System may be accessed by linking one or more social media accounts, such as Twitter® or Facebook® ("Social Media Account(s)"). User may only link Social Media Accounts that the User legitimately has the right to use. User represents to Service Provider that User is the rightful holder of, or has actual permission from the rightful holder of, all Social Media Accounts linked to the System.

2. Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance process. We always make every effort to deliver to you the exact item that you purchased. However, at times items are lost or stolen, damaged or recalled by a third party. If for any reason we are unable to deliver to you the item you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Some products consisting of sports equipment are not intended for use in connection with any physical activity, such as used merchandise which may no longer be suitable for its original purpose or promotional items that were never intended to be used in connection with any physical activity. You agree that you are responsible to determining whether or not any such products are suitable and you release the Service Provider from any liable for the use of such products.

PayPal (or other Payment Gateway)

Funds will be captured upfront at the point of purchase for any order placed via PayPal (or other Payment Gateway). PROVA Group will use the shipping address that you specify in your PayPal profile.

PROVA Group Events

Event dates, as well as the items slated to appear at PROVA Group events, are subject to change without advance notice. Refunds will not be given under any circumstances unless an exception is made at the discretion of the Service Provider. This policy includes, but is not limited to: rescheduling of events due to weather, change in items scheduled to appear, change in User availability to attend after making purchase, venue and / or time changes.

Pricing Information

While the Service Provider strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Service Provider cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Service Provider shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, the Service Provider may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Prices and availability are subject to change without notice.

Promotions Rules and Conditions

The Service Provider may feature special sales, savings, promotions, discounts and incentives. Promotions are by default, limited to one of any / each item available, per person, or as specified in the specific terms expressly stated as a part of any promotional endeavor. The System may initially accept an order which violates these terms or conditions. In these cases, and at the Service Provider’s sole discretion, we reserve the right to limit, modify or cancel any order(s) or transaction(s) which purposely or accidentally violates the aforementioned terms of promotional participation. See "Quantity Limits & Dealer Sales" section for more information on quantity limits. Wholesale accounts are not eligible to participate in any web promotions or special offers. Any order(s) suspected of being placed by a wholesaler, or for the express purpose of resale by an individual via any web promotion will immediately be canceled with or without notice at the discretion or the Service Provider. Promotional Codes may not be combined or used, under any circumstances, on items which are already discounted. Other exclusions may apply.

Quantity Limits & Dealer Sales

The Service Provider reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same User account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. The Service Provider also reserves the right, at our sole discretion, to prohibit sales to dealers.

Imperfect Items

Items listed as Imperfect are sold as-is and as described and are not eligible for returns or exchanges. All sales are final.

Colors

The Service Provider has made every effort to display the colors of our products that appear on the System as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

International Access

The System is provided according to the laws of the United States of America (U.S.A.). The laws of other countries may differ regarding the access and use of the System. We make no representations regarding the legality of this System in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

The Service Provider does not ship to the following countries Algeria, Belarus, Cote d’Ivoire (Ivory Coast), Cuba, Iran, North Korea, Myanmar, Russian Federation, Sudan, Syrian Arab Republic, and Zimbabwe. The Service Provider has the right to refrain from shipping to any other country not in this list if deemed necessary.

Order Return Numbers and Instructions

If for any reason you are not satisfied with your purchase, please carefully follow these Order Return instructions.

Please contact the Service Provider (https://www.provagroup.com/contact-us) to obtain an Order Return number. The Service Provider will not accept returned orders or partial orders nor provide a refund or credit without an Order Return number issued by the Service Provider. The Service Provider will not issue Order Return numbers beyond 30 days after shipping the order to the User.

If a User requests an Order Return number for an item that does not have a quality control issue, the Service Provider is not obligated to issue an Order Return number for such “no issue” requests. If the Service Provider by its sole discretion agrees to issue an Order Return number for a “no issue request”, then the Service Provider may withhold a 20% re-stocking fee up to a maximum of $100.

Upon issuing an Order Return number to the User, the Service Provider will provide detailed return instructions to the User. The User agrees to follow the return instructions and agrees that any refund or credit for an Order Return is expressly conditioned on following the return instructions.

All merchandise is considered to belong to the User until it is received back according to the Order Return number and instructions in satisfactory condition.

Please note: items listed as Imperfect are sold as-is and as described and are not eligible for returns or exchanges. All sales are final.

Autograph Care

In rare instances, autographs may unexpectedly fade over time, often for no apparent reason or when exposed to direct sunlight or a constant light source. When displaying autographs, the Service Provider recommends that Users keep their items away from windows and direct internal lighting and store autographed items in either UV protective glass cases (baseballs, footballs, basketballs, helmets, equipment, etc.) or frame autographed items with UV protective glass (photos, jerseys, etc.).

Due to the unpredictable nature of in-home storage, the Service Provider is unable to offer replacement items for faded signatures.

3. Non-exhaustive Prohibitive Uses

For the avoidance of doubt, but without intending to or actually limiting the reservation of rights herein, User may not (and User covenants not to):

  1. share or permit others to use the User's access credentials to the System;

  2. create objectionable content or engage in offensive behavior;

  3. provide remote access, co-screen access, or other dual or multiparty access to User's screen when accessing or using the System;

  4. use the Content or Downloaded Content to provide a service bureau or other similar service;

  5. use services such as GotoMeeting, Webex, Teamviewer, LogMeIn, GotoWebinar or other similar services to provide multiparty access to, or to provide seminars or training with, the System, Content or Downloaded Content;

  6. print the Content or Downloaded Content (other than for personal use as permitted herein;

  7. merge the Content or Downloaded Content with any other data or content of User; or

  8. engage in any of the acts proscribed in these Terms of Service.

4. Ownership Acknowledgement

All rights and property interests, including but not limited to patents, copyrights, trade secrets, trademarks and other proprietary rights recognized under applicable law in or relating to the System and all Software and Content and all modifications, adaptation, derivative works and enhancements thereto, are owned exclusively by Service Provider and/or its licensors, and all such rights not expressly granted herein are reserved to Service Provider. Notwithstanding the above, Service Provider shall not acquire through these Terms of Service any ownership interest in User's personal information (defined herein to be User's email address, regular address, phone and fax number, and any payment information relating to User).

5. Privacy Policy

The User agrees to the Service Provider collection, use and sharing of your information as set forth in our Privacy Policy: https://www.provagroup.com/privacy-policy. All provisions of the Privacy Policy are incorporated by reference herein.

6. User Content

Users may be able to post content in certain areas on the System or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram or Twitter (“Other Platforms”). The User is solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the System or Other Platforms (“User Content”). We take no responsibility for, and assume no liability for, any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You represent and warrant that: (a) you own the User Content posted by you on the System or otherwise have the right to grant the license set forth herein; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the System does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the System. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Service. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

7. Termination of Access and / or Account

In addition to any right or remedy that may be available to the Service Provider under these Terms of Service or under applicable law, the Service Provider may limit, suspend, or terminate any access and / or account to the System or Other Platforms (including, without limitation, account registration and ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including account identity, to the proper authorities.

8. Term

These Terms of Service shall remain in full force and effect while User has access and / or account to the System. See the Privacy Policy for instructions on how to modify or delete a User account. Sections of these Terms of Service that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Service.

9. Indemnity

The User agrees to defend, indemnify and hold the Service Provider, partner entities, their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees (the “System Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the System in violation of these Terms of Service and / or arising from a breach of these Terms of Service (including, without limitation, any breach of your representations and warranties set forth herein).

10. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE SYSTEM, AND THE PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SYSTEM, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SYSTEM PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SYSTEM, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SYSTEM.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SYSTEM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE SYSTEM, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SYSTEM, EVEN IF THE SYSTEM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SYSTEM PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; or (II) $10.00.

12. Third-party Transactions

Through your use of the System, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SYSTEM, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SYSTEM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE SYSTEM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE.

13. U.S.A. Export Controls

Software made available to you by the System, if any, is subject to U.S.A. export controls. No Software may be downloaded from the System or otherwise exported or re-exported in violation of U.S.A. export laws. Downloading or using the Software is at your sole risk.

14. Governing Law

These Terms of Service and your use of the System will be governed by federal U.S.A. and Texas law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the System.

15. Arbitration; No Class Action

Except where prohibited by law, as a condition of using the System, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the System (except for small claims court Claims, if applicable), shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. You and we also agree that (a) any Claims will be resolved individually and not through any class action, (b) if a Claim proceeds in court anyway, we both waive any right to a jury trial; and (c) either you or we may seek a court injunction regarding intellectual property infringement. Arbitration does not involve a judge or jury. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. You may seek arbitration of a Claim by contacting our registered agent. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and / or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any:

(a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient;

(b) you and we waive any and all rights to trial by jury with respect to any Claims. You further agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.

16. Miscellaneous

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the System or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service and your account on the System are personal to you and may not be transferred or assigned. Our performance under these Terms of System is subject to existing laws and legal process, and nothing contained in these Terms of System is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the System or information provided to or gathered by us with respect to such use. If any part of these Terms of System is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of System shall continue in effect. These Terms of System, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the System), constitute the entire understanding between you and us.

17. Contact Information

Please refer to: https://www.provagroup.com/contact-us
Date of last revision: 13 December 2021