TERMS OF SERVICE THE COLLEXN

These Terms govern your use of https://thecollexn.com any in-store transaction at 1300 Veterans Blvd Suite D Del Rio TX 78840 and your participation in any tournament event or activity hosted by The Collexn. By accessing the site purchasing a product or entering the premises you accept these Terms.

ELIGIBILITY You must be at least 18 years old to enter into a binding contract or be supervised by a parent or legal guardian who has signed our Tournament Participant Release & Waiver. Some sanctioned events have additional age or residency requirements set by the sanctioning body (Wizards Play Network Bandai TCG+ Pokémon League etc).

ORDERING AND PAYMENT All payments are processed by Square Inc. which is a Level 1 PCI-DSS service provider. We never see or store full card numbers. By submitting an order you authorize the price plus applicable tax to be charged to your selected payment method. We reserve the right to cancel any order without notice.

SHIPPING AND DELIVERY Orders ship from Del Rio Texas. Risk of loss passes to you when the carrier accepts the package. We are not responsible for carrier delays mishandling lost packages or incorrectly addressed shipments after the package leaves our possession. UCC §2-509(1)(a).

RETURNS AND REFUNDS ALL SALES OF SEALED TRADING CARD PRODUCT ARE FINAL. No returns are accepted on opened booster boxes packs or sealed promotional products due to the variable-value nature of the product. Defective products may be exchanged within seven (7) days of purchase upon presentation of receipt. Any chargeback initiated for an order received and not previously disputed in writing may be reported as fraud and pursued under Tex. Penal Code §31.03 (theft of services or property) or 18 U.S.C. §1029 (fraud in connection with access devices).

AUTHENTICATION OF SINGLES Singles purchased on the secondary market are authenticated by The Collexn to the best of our ability. WE PROVIDE NO WARRANTY OF AUTHENTICITY. If you believe a card you purchased is counterfeit return it within seven (7) days with the original receipt for a full refund or exchange. Beyond seven days all sales are final.

NO WARRANTY AS-IS THE SITE THE PRODUCTS AND ALL SERVICES (INCLUDING TOURNAMENTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. UCC §2-316. NO ADVICE OR INFORMATION OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL THE COLLEXN ITS OWNER EMPLOYEES CONTRACTORS AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS LOST DATA BUSINESS INTERRUPTION PERSONAL INJURY OR PROPERTY DAMAGE) ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE PRODUCTS OR ANY TOURNAMENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. AGGREGATE CAP: OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS UNDER OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

EXPRESS NEGLIGENCE RELEASE TEXAS TO THE FULLEST EXTENT PERMITTED BY LAW YOU EXPRESSLY RELEASE WAIVE AND DISCHARGE THE COLLEXN AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS INCLUDING THOSE ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLEXN INCURRED IN CONNECTION WITH YOUR PRESENCE ON THE PREMISES OR PARTICIPATION IN ANY EVENT INCLUDING WITHOUT LIMITATION SLIP TRIP OR FALL INJURIES FROM EQUIPMENT OR FURNITURE ALTERCATIONS WITH OTHER GUESTS THEFT OR LOSS OF PROPERTY FOODBORNE ILLNESS AND COMMUNICABLE DISEASE EXPOSURE. This release is intended to satisfy the Texas express-negligence doctrine articulated in Storage & Processors Inc. v. Reyes Bros. Inc. 134 S.W.3d 190 (Tex. 2004) and Dresser Indus. Inc. v. Page Petroleum Inc. 853 S.W.2d 505 (Tex. 1993). The release is conspicuous within the meaning of those cases (capitalized boldface or its functional equivalent in plain HTML).

ASSUMPTION OF RISK You voluntarily assume all risks of personal injury illness or property loss arising from your presence on the premises or participation in any tournament including those that are unforeseen. Tournament participants are responsible for their own decks cards and equipment. THE COLLEXN ASSUMES NO RESPONSIBILITY FOR THEFT LOSS OR DAMAGE TO PERSONAL PROPERTY.

INDEMNIFICATION You agree to indemnify defend and hold harmless The Collexn and its representatives from and against any and all claims liabilities damages losses and expenses (including reasonable attorneys' fees) arising out of or connected with: your access to or use of the Site; your purchase or use of any product; your participation in any tournament or in-store event; your violation of these Terms or any applicable law; your violation of any third party's rights.

FORCE MAJEURE We are not liable for any failure or delay caused by circumstances beyond our reasonable control including acts of God fire flood earthquake war terrorism pandemic government order labor dispute supply chain disruption internet or utility outage or third-party service failure (including Square Netlify Anthropic Resend or any payment processor).

GOVERNING LAW AND FORUM These Terms are governed by the laws of the State of Texas without regard to conflict-of-laws principles. You and The Collexn agree that any dispute arising out of or relating to these Terms the Site any in-store transaction or any event shall be exclusively brought in the state or federal courts located in Val Verde County Texas and you irrevocably consent to personal jurisdiction of such courts.

ARBITRATION AND CLASS-ACTION WAIVER At The Collexn's election any controversy or claim shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules with arbitration held in Del Rio Texas. YOU AND THE COLLEXN AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS ONLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION COLLECTIVE ACTION PRIVATE ATTORNEY GENERAL ACTION OR REPRESENTATIVE ACTION. This provision is governed by the Federal Arbitration Act 9 U.S.C. §1 et seq. and survives termination of these Terms.

STATUTE OF LIMITATIONS You agree that any claim arising out of or relating to these Terms or the Site must be filed within ONE (1) YEAR after the cause of action arose otherwise such claim is permanently barred. This is shorter than the default Texas limitations period of four years for breach of contract (Tex. Civ. Prac. & Rem. Code §16.004) and two years for personal injury (§16.003) and is enforceable as a contractual limitation under Tex. Bus. & Com. Code §2.725 and Hot Shot Messenger Service Inc. v. State 798 S.W.2d 413 (Tex. App.—Austin 1990 writ denied).

LAWS THAT GOVERN AND PROTECT US AND WHAT THEY SAY Texas Civil Practice & Remedies Code §16.003 — two-year limitation on personal-injury claims. Anything not filed within two years is permanently barred. Our Terms shorten this contractually to one year. Texas Civil Practice & Remedies Code §16.004 — four-year limitation on contract claims. Our Terms shorten this contractually to one year. Texas Civil Practice & Remedies Code §16.063 — tolling for absence from state. Texas Business & Commerce Code §17.41 et seq. (DTPA — Deceptive Trade Practices Act) — provides consumer remedies but expressly does not apply to claims for personal injury (§17.50). Express-negligence releases bar related claims. Texas Business & Commerce Code §2.302 (UCC) — unconscionability provision. Our liability limitation is conspicuous and consistent with industry standard for retail goods. Texas Business & Commerce Code §2.316 (UCC) — disclaimer of implied warranties must be conspicuous. Our AS-IS clause uses caps boldface and dedicated section heading to satisfy this requirement. Texas Business & Commerce Code §2.725 (UCC) — four-year statute of limitations for breach of UCC sales contracts but parties may by agreement reduce period to not less than one year. Our one-year limit is enforceable. Texas Business & Commerce Code §521.053 (Texas ITEPA) — data breach notification. Texas Business & Commerce Code §541.001 et seq. (TDPSA) — consumer privacy rights. Texas Penal Code §31.03 — theft definition. Includes services obtained by deception (chargeback fraud reference). Federal Arbitration Act 9 U.S.C. §1 et seq. — preempts state law that would invalidate arbitration agreements. AT&T Mobility LLC v. Concepcion 563 U.S. 333 (2011) upholds class-action waivers in arbitration agreements. Federal Trade Commission Act 15 U.S.C. §45 — bars unfair or deceptive practices. Our representations match practice. Section 230 of the Communications Decency Act 47 U.S.C. §230 — immunizes interactive computer service providers from liability for content provided by third parties. Applies to user-generated content (e.g. comments product reviews social media reposts). Digital Millennium Copyright Act 17 U.S.C. §512(c) — safe harbor for online service providers against copyright infringement liability if we comply with notice-and-takedown procedures. Our DMCA address is listed below. Lanham Act 15 U.S.C. §1051 et seq. — trademark protection. Trademarks of MTG Pokémon One Piece Warhammer Gundam Union Arena and D&D are property of their respective owners and used here as nominative fair use under New Kids on the Block v. News America Publishing Inc. 971 F.2d 302 (9th Cir. 1992). 17 U.S.C. §107 — fair use defense for copyright. Our use of game-system imagery under nominative fair use is permitted to identify products carried. Sherman Antitrust Act 15 U.S.C. §1 — does not apply to a single retailer's pricing decisions. COPPA 15 U.S.C. §6501 et seq. — children's privacy. CAN-SPAM Act 15 U.S.C. §7701 et seq. — email solicitations require opt-out. TCPA 47 U.S.C. §227 — automated calls and SMS require prior express consent. Genuine Cards Doctrine — see Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2d Cir. 2010) — secondary-market resellers of genuine goods are not automatically liable for trademark infringement. First Sale Doctrine 17 U.S.C. §109 and 35 U.S.C. §271 — owner of a lawfully purchased copy may resell. Our sale of singles and sealed product is protected. Magnuson-Moss Warranty Act 15 U.S.C. §2301 et seq. — applies only to written warranties. We do not provide written warranties on resale singles. ADA Title III 42 U.S.C. §12181 et seq. — public accommodations. Our brick-and-mortar premises comply with applicable ADA standards. Reasonable accommodation requests should be directed to staff in advance. PCI-DSS — payment card industry security standard. All cardholder data is processed by Square Inc. a Level 1 service provider. GDPR Articles 6 12-22 32-34 44-50 (EU regulation 2016/679) — applies if we process EU residents' data. We rely on Art. 6(1)(b) (contract) Art. 6(1)(c) (legal obligation) and Art. 6(1)(f) (legitimate interests). California Civ. Code §1798.100 et seq. (CCPA/CPRA) — California consumer privacy. California Civ. Code §1717 — attorney's fees for prevailing party in contract disputes apply unless contract states otherwise. These Terms do not award attorney's fees to prevailing party. California Bus. & Prof. Code §17200 (Unfair Competition Law) — bars unlawful unfair or fraudulent business practices. Compliance with FTC Act §5 generally satisfies §17200. NEW YORK GENERAL BUSINESS LAW §349 — deceptive acts. We do not direct business at New York; nominal commerce only. WASHINGTON CONSUMER PROTECTION ACT RCW §19.86 — deceptive acts. Same. Texas Open Meetings Act / Texas Public Information Act — do not apply (not a government body). Magnuson-Moss / song-beverly Consumer Warranty Act / Federal Trade Commission Act / state-specific UDAP statutes — addressed by AS-IS limitation of liability and arbitration. Wizards Play Network agreement — sanctioned tournament participation governed by WPN's published rules. Disputes resolved through Wizards Play Network internal process before any external action. Bandai TCG+ Sanctioning Agreement — sanctioned One Piece tournament participation governed by Bandai's published rules. Disputes resolved through Bandai's internal process. American Arbitration Association Consumer Arbitration Rules effective September 1 2014 as amended — govern any arbitration under these Terms.

INTELLECTUAL PROPERTY ACKNOWLEDGEMENTS Magic: The Gathering is a registered trademark of Wizards of the Coast LLC a subsidiary of Hasbro Inc. Pokémon is a registered trademark of Nintendo Creatures Inc. GAME FREAK Inc. and The Pokémon Company. One Piece Card Game is a trademark of Bandai Co. Ltd. Warhammer is a registered trademark of Games Workshop Limited. Gundam is a registered trademark of Sotsu and Sunrise. Union Arena is a trademark of Bandai. Dungeons & Dragons is a registered trademark of Wizards of the Coast LLC. The Collexn is an authorized retailer of these products and is not affiliated with endorsed by or sponsored by these trademark holders unless explicitly stated. All product images are used under nominative fair use to identify the goods we sell.

DMCA NOTICES Notices of alleged copyright infringement should be sent to: The Collexn — DMCA Agent 1300 Veterans Blvd Suite D Del Rio TX 78840. Notice must include: identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing; your contact information; statement of good-faith belief that use is not authorized; statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; your physical or electronic signature.

TOURNAMENT-SPECIFIC TERMS Eligibility 18+ or supervised by parent/guardian who has signed our Tournament Participant Release & Waiver. The Collexn reserves the right to refuse service or eject any participant for any reason including disruptive behavior cheating harassment or violation of game rules. Sanctioned events follow the rules of the applicable sanctioning organization (Wizards Play Network Bandai TCG+ Pokémon League) and disputes are resolved through that organization's internal process. By participating you grant The Collexn permission to photograph or video-record you for non-commercial promotional use; if you do not consent notify staff before the event begins. All prize amounts and structures are subject to change. Store credit prizes expire 90 days from issue.

PHOTOGRAPHY AND VIDEO RELEASE By entering the premises you grant The Collexn a non-exclusive worldwide royalty-free license to use any photographs or video taken on the premises featuring you for non-commercial promotional and documentary purposes. To opt out notify staff before entering or before the event begins.

SEVERABILITY AND ENTIRE AGREEMENT If any provision of these Terms is held unenforceable the remaining provisions shall remain in full force and effect and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable. These Terms together with the Privacy Policy and any in-store waivers you sign constitute the entire agreement between you and The Collexn regarding the Site and any in-store transaction or event.

NO WAIVER Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

ASSIGNMENT You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

NOTICES Notices to The Collexn must be sent in writing to The Collexn 1300 Veterans Blvd Suite D Del Rio TX 78840 USA. Notices to you may be sent to the email address you provide at checkout or registration.

SURVIVAL Limitation of Liability Express Negligence Release Indemnification Force Majeure Governing Law Arbitration Class-Action Waiver Statute of Limitations and Severability survive termination of these Terms.

HEADINGS Section headings are for convenience only and shall not affect interpretation.