Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you and Binder to Market LLC, a Texas limited liability company doing business as Binder to Market ("Binder to Market," "we," "us," or "our"). They govern your access to and use of bindertomarket.com, related APIs, and our marketplace, binder, scan, and seller tools (the "Service").

Section 16 contains a mandatory individual arbitration provision and a class-action waiver. Please read it carefully.

By creating an account, accessing the Service, or completing a purchase, you agree to these Terms, the Privacy Policy, and the policies linked below. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization. In that case, "you" includes that organization.

Contents

• 1. Marketplace role and payment collection
• 2. Eligibility
• 3. Accounts
• 4. Display names
• 5. Marketplace communication
• 6. Purchases, pricing, and taxes
• 7. Acceptable use
• 8. User content, scans, and reviews
• 9. Intellectual property and DMCA
• 10. Selling on the marketplace
• 11. Refunds and disputes between users
• 12. Privacy
• 13. Disclaimers
• 14. Limitation of liability
• 15. Indemnification
• 16. Dispute resolution, arbitration, and class waiver
• 17. Suspension, termination, and survival
• 18. Changes
• 19. Miscellaneous
• 20. Contact

1. Marketplace role and payment collection

Binder to Market operates an online marketplace where independent sellers list trading cards and related products and buyers purchase them. Unless a listing is clearly identified as sold by Binder to Market (for example, our platform store account), the seller, not Binder to Market, is the seller of the item. In those user-to-user transactions we are not a party to the sale contract between buyer and seller. The seller is responsible for accurate listings, title, authenticity, condition, packaging, and shipment.

From time to time we may buy or sell items ourselves. When we are the seller, that will be disclosed on the listing or checkout flow. We will be a party to that sale, subject to any additional terms shown at the time.

If you sell through the Service, you appoint Binder to Market as your limited payment collection agent solely to accept payment from buyers for those sales. If you buy through the Service, you understand that we have been appointed as the seller's limited payment collection agent. Receipt of your payment by Binder to Market on behalf of a seller extinguishes your obligation to pay that seller in the amount received, subject to these Terms, refunds, chargebacks, and our policies.

Buyers pay Binder to Market at checkout (merchandise, per-seller shipping, and tax as shown). Seller payouts are not released before shipment. For each seller's portion of an order, we hold associated funds until that seller ships with an in-app USPS label. After that milestone, payouts follow Stripe Connect and our payouts and fees practices, including holds, reversals, and recovery described in the Seller Terms.

2. Eligibility

By using the Service you represent that:

• You are at least 18 years old and can form a binding contract.
• To check out or to sell, you are using a United States shipping address we support, including military APO / FPO / DPO. We do not ship internationally.
• You have not been banned or suspended from the Service.
• You will maintain only one account unless we agree otherwise in writing.
• You will comply with these Terms, our policies, and applicable law, including export and sanctions rules.

The Service is not directed to children under 13. See our Privacy Policy.

3. Accounts

• Provide accurate account information and keep it current.
• Email and password accounts can change their password on Profile (current password required). If you signed up with Google or Facebook, Binder to Market does not keep a local password. Keep using that provider. Use Forgot password only if you also set a local password later.
• You are responsible for activity under your account. Notify us promptly of unauthorized use.
• Your public display name must follow the display name rules below.
• You may add a first and last name on Profile. That is optional and is not your public display name.
• We may suspend or close accounts that violate these Terms or our policies, or to protect the marketplace.

4. Display names

Your display name is the public label other buyers and sellers see on orders, listings, and marketplace flows. It is not your login email. Keep account email private. Use your display name for identity on the site.

• You may set a display name at signup or anytime in your profile.
• Names may only use letters, numbers, and . _ - + (no spaces). Each display name must be unique on the site.
• If you leave it blank at signup, we default to the part of your email address before @ (for example [email protected] → youremail). If that prefix is already taken, we add a short suffix automatically.
• Display names cannot be email addresses, website links, or phone numbers. Those rules keep contact on the platform.

Display names (and other public-facing identity) must not:

• Be offensive, hateful, or sexually explicit
• Impersonate another person, shop, or Binder to Market staff
• Mislead buyers about who is selling (for example pretending to be an official store)
• Encourage contact outside the platform (emails, URLs, phone numbers, social handles as contact info)

We may require you to change a display name or suspend an account that violates these rules.

5. Marketplace communication

For orders and problems, use the tools built into the product. For example, Ask about shipping before shipment and refund requests after shipment. See buyer disputes and seller disputes.

In-app tools keep a record for support and help resolve issues fairly. They also avoid sharing personal contact details with strangers on the internet. You may not use the Service to move a transaction off-platform in order to avoid fees, enforcement, or these Terms.

If another user's display name or messages are abusive or try to move the sale off-platform, contact [email protected] with the order number if you have one.

6. Purchases, pricing, and taxes

Prices, shipping, taxes, and availability are shown at checkout. By placing an order you offer to buy the items on those terms. Payment processing is handled by third-party providers such as Stripe. You represent that you are authorized to use the payment method you submit.

We and our processors may screen orders for fraud or unauthorized activity. We may refuse, delay, or cancel an order, or refuse to ship to an address, when we reasonably suspect fraud, abuse, or a violation of these Terms. We may also cancel an order if a price, tax, or shipping amount was posted in error.

Checkout and seller ship-from support United States addresses only, including military APO / FPO / DPO. When address verification is enabled, we may block checkout until the address verifies. You are responsible for providing a deliverable address.

Independent sellers fulfill Binder shop orders with an in-app USPS label purchased through Binder to Market. They must buy that label within three business days after checkout. In-app labels do not sell extra insurance today. See our Shipping policy.

We may collect and remit sales tax where required as a marketplace facilitator or through Stripe Tax. Where we do not collect tax, you remain responsible for any tax that applies to you. See our Returns and refunds policy for post-checkout refunds.

Store credit, when offered, is promotional value for use on Binder to Market. It is not legal tender. It has no cash value except where the law requires. It is not a bank deposit. It may be adjusted for returns, cancellations, chargebacks, or abuse. Details are in our store credit help.

Platform fees charged to you are generally non-refundable except as required by law or as we expressly state in a policy.

7. Acceptable use

You may not, and may not assist anyone to:

• Use the Service for fraud, money laundering, stolen goods, or any unlawful purpose
• List or sell counterfeit cards, unauthorized proxies sold as authentic, or items that infringe another's rights
• Harass, threaten, or impersonate others, or post hateful or sexually explicit public identity
• Manipulate prices, reviews, or trust signals, including shill activity or multi-accounting
• Circumvent fees, strikes, listing limits, vacation mode, or other enforcement
• Scrape, crawl, or use bots in a way that harms availability, bypasses technical limits, or copies the catalog or user content without our prior written consent
• Interfere with security, authenticity, or other users' use of the Service
• Upload malware or attempt unauthorized access to any system

Public display names and marketplace communication must follow Display names and Marketplace communication. We may remove content or restrict access to protect users and the marketplace.

8. User content, scans, and reviews

You retain ownership of content you submit (including listing notes, reviews, dispute messages and photos, binder data, and scan images). You grant Binder to Market a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, use, reproduce, modify (for formatting, cropping, or matching), distribute, publicly display, and create derivative works from that content as needed to operate, improve, moderate, and market the Service. That includes showing scan or listing images on the Binder shop and, if you opt in, sending them to channels such as eBay or ManaPool.

You represent that you have all rights needed to grant that license and that your content does not violate law or third-party rights. We may refuse, remove, or decline to store content. Deleted content may remain in backups or legal holds for a limited time.

Scan matching is a convenience tool. Confirming a match is your decision. We do not warrant that OCR, embeddings, or catalog suggestions identify a card correctly.

Feedback you send us is non-confidential. We may use it without compensation or attribution.

Buyer reviews of sellers are described in Reviews, strikes, and account trust. Do not use reviews to extort refunds or to post unlawful content. We may hide or remove reviews that violate these Terms.

9. Intellectual property and DMCA

The Service, including our software, trademarks, look and feel, and original compilation of the shop experience, is owned by Binder to Market LLC or our licensors. Catalog artwork is hosted by Binder to Market. Magic: The Gathering card data and images are provided by Scryfall. Other games use other catalog sources. Binder to Market is not affiliated with, endorsed by, or sponsored by Wizards of the Coast, The Pokémon Company, Nintendo, Ravensburger, Legend Story Studios, Riot Games, or other rights holders. Those parties' names and imagery belong to them.

If you believe content on the Service infringes your copyright, send a notice that meets 17 U.S.C. § 512(c)(3) to our designated agent:

Email: [email protected]
Telephone: to be published with our U.S. Copyright Office designated-agent filing. Until then, use email and mail.

We may ignore incomplete notices. Repeat infringers may have accounts terminated. If we remove material and you believe that was a mistake, you may send a counter-notice as described in 17 U.S.C. § 512(g).

10. Selling on the marketplace

Sellers must complete onboarding, finish Stripe Connect verification when required, and accept the Seller Terms, which include payout holds, refund recovery, and Stripe's connected-account terms. Those Seller Terms supplement these Terms. If they conflict on a seller-only topic, the Seller Terms control for that topic.

11. Refunds and disputes between users

Our Returns and refunds policy, Shipping policy, and trust policy are incorporated into these Terms. If a policy is more specific to fulfillment or disputes, that policy controls on that point. Otherwise these Terms control.

Buyer's remorse after you receive what you ordered is not a platform right. We may assist with disputes between users, but we are not obligated to. Our decisions about platform refunds, payouts, strikes, and enforcement are final for purposes of your use of the Service. They do not limit rights you may have against a payment network that we cannot waive.

12. Privacy

Our Privacy Policy describes how we collect and use personal information. It is a notice, not a separate contract. Using the Service is still subject to that notice.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT LISTINGS, CATALOG DATA, SCAN MATCHES, PRICES, OR QUANTITIES ARE ACCURATE, OR THAT ITEMS SOLD BY THIRD-PARTY SELLERS ARE AUTHENTIC OR AS DESCRIBED.

Nothing in these Terms limits non-waivable consumer rights. Some states do not allow certain disclaimers. Those limitations apply only to the extent permitted.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BINDER TO MARKET AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR THE MARKET VALUE OF CARDS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO BINDER TO MARKET IN PLATFORM FEES (NOT MERCHANDISE PAID THROUGH TO SELLERS) DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits do not apply to our fraud, gross negligence, or willful misconduct, or to liability that cannot be limited under applicable law, including liability for personal injury or property damage caused by a product we sold directly as the seller (and not a third-party seller).

15. Indemnification

You will indemnify, defend, and hold harmless Binder to Market LLC and its members, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: your use of the Service; your listings, content, or scans; your violation of these Terms or our policies; your violation of law or a third party's rights; or a dispute between you and another user, except to the extent caused by our gross negligence or willful misconduct.

16. Dispute resolution, arbitration, and class waiver

Please read this section carefully. It affects your rights. It does not apply to claims that may not be arbitrated under applicable law.

Informal resolution

Before filing a claim, you agree to email [email protected] and describe the dispute, the facts, and the relief you want. We will try to resolve it in good faith. You must wait 30 days after we receive that notice before starting arbitration or a small-claims case, unless waiting would cause irreparable harm.

Binding individual arbitration

Except for (i) individual actions in small-claims court, (ii) suits to stop unauthorized use of intellectual property or the Service, or (iii) claims that cannot be arbitrated by law, you and Binder to Market agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable consumer or commercial rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. You and we waive the right to a jury trial to the extent the dispute is arbitrated.

The arbitrator may award the same individual relief a court could. The arbitrator may not preside over any class or representative proceeding.

Class-action waiver

YOU AND BINDER TO MARKET AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court and this arbitration section will still apply to other claims.

Opt out

You may opt out of arbitration within 30 days after you first accept this Section 16 by sending a letter that includes your name, account email, and a clear statement that you opt out of arbitration to:

Opting out does not affect the rest of these Terms. If you opt out, remaining disputes that are not arbitrated will be resolved in court as described in Section 19.

California release

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

17. Suspension, termination, and survival

We may suspend or terminate access, cancel listings or transactions, or withhold payouts where allowed by these Terms, our policies, or law. You may close your account as the product allows. Closing does not erase obligations from past transactions, recovery amounts, or these Terms.

Sections that by their nature should survive (including ownership, licenses already granted, payment and recovery obligations, disclaimers, limits of liability, indemnity, and dispute resolution) survive termination.

18. Changes

We may update these Terms. We will post the revised Terms and update the "Last updated" date. Material changes may also be announced by email or an in-product notice. Except where the law requires otherwise, changes take effect when posted. If you do not agree, stop using the Service. Continued use after the effective date is acceptance of the revised Terms.

19. Miscellaneous

• Governing law. These Terms are governed by the State of Texas and applicable United States federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 16.
• Venue. Subject to Section 16, the state and federal courts in Travis County, Texas have exclusive jurisdiction, and you consent to those courts.
• Entire agreement. These Terms, the Privacy Policy (as a notice), the Seller Terms when you sell, and the policies incorporated here are the entire agreement and supersede prior understandings on this subject.
• Severability and waiver. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, sale, or operation of the Service.
• No other agency. Except for the limited payment-collection agency in Section 1, these Terms do not create a partnership, joint venture, or employment relationship, and you have no authority to bind us.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including carrier disruptions, utility or cloud outages, or legal process.
• No third-party beneficiaries except as these Terms expressly state.

20. Contact

Binder to Market LLC
Doing business as Binder to Market
5900 Balcones Drive STE 100, Austin, TX 78731, USA

Legal notices and support: [email protected]