PAYMENTS TERMS OF USE

Introduction

These Payments Terms of Use (“Payments Terms of Use”) set out the terms on which

TCGplayer Inc. (“TCGplayer” or “we”) offers you Payment Services (as defined below in

Section 1) in relation to your use of the TCGplayer Marketplace (“TCG Marketplace”). The

TCG Marketplace provides an online platform that allows third party sellers to sell their products

to buyers (“TCGplayer Services”). Your use of the TCGplayer Marketplace will continue to be

governed by the TCGplayer Marketplace Seller Agreement (“Marketplace Seller

Agreement”) applicable to you. These Payments Terms of Use incorporate by this reference the

provisions of the Marketplace Seller Agreement to the extent applicable to this agreement. You

understand that, with respect to our Payment Services, these Payments Terms of Use supersede

any and all conflicting provisions in the Seller Agreement. You agree to comply with these

Payments Terms of Use when accessing or using our Payment Services.

eBay Inc. ultimately and wholly owns TCGplayer. eBay Inc. and the companies it directly or

indirectly controls, is controlled by, or is under common control with, are referred to as our

“Affiliates.”

1. About Payment Services on the TCGplayer Marketplace

You agree that we receive or execute payments on your behalf in relation to your use of the

TCGplayer Marketplace and manage settlement of related payments to you (referred to as

“Managed Payments,” “Payment Services,” or similar).

Buyers may pay for your items using payment methods such as the following, the availability of

which may vary:

Certain credit or debit cards (including VISA, Mastercard);
PayPal;
Digital wallets (such as Apple Pay); and
TCGplayer coupons, gift cards, store credit, etc. (if applicable).

We may modify the scope of payment methods available at our sole discretion.

The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or

services) from you is directly concluded between you and the buyer (except in case of items sold

by us to the buyer).

After a payment transaction occurs, you will receive a notification confirming such payment

transaction. We will initiate settlement of your funds to your Linked Financial Account (as

defined below in Section 3 “Seller Onboarding”). You can always access information on your

payments transactions in the Seller Portal (“Seller Portal”).

We may change, discontinue, enhance, or modify features of Managed Payments at any time.

2. Payout Currency

We will settle your funds to your Linked Financial Account in your local currency. We may

enable additional payout currencies at our sole discretion in the future. Where offered by us, your

buyer may choose to pay for an item you sell with currency other than your Payout Currency. In

this case, the paid amount will be converted into your payout currency prior to disbursement of

the funds to you, using the applicable transaction exchange rate which may incur a currency

conversion charge as indicated on our Fee Page.

3. Seller Onboarding

In order to use TCGplayer Services, you must register and accept these Payments Terms of Use.

To use the Payment Services, you must:

Link a financial account so we may pay out your proceeds to this account (“Linked Financial Account”). Your Linked Financial Account must be a bank account based in your country of residence. We may require you to authorize us to make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section 10) or keep another payment method on file with us, and we may withhold payouts to your Linked Financial Account until you have successfully provided us with such other payment method.
At this time, you may only use our Payment Services to receive disbursements to a Linked Financial Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be made to your Linked Financial Account subject to (i) your completion of the Linked Financial Account verification process, and (ii) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment may typically take up to two (2) days after your completion of the verification process, or longer if any issues or irregularities arise, in which case we will complete our assessment without undue delay. By adding a Linked Financial Account to your account, you represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your account.
Provide us with all information that we may require for various purposes including: verifying your identity, complying with applicable laws and regulations such as anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, residential or business street address, phone number, date of birth, social security number, bank account information, email address, and a form of government-issued identification (e.g., a copy of your identity card or driver’s license). If you are a business, this information may include, without limitation, your full business name, street address of your principal places of business, local office, or other physical location, phone number, entity type, taxpayer identification number, email address, bank account information, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as a United States Social Security Number). You understand that we will not be able to settle your proceeds or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
Where applicable, provide us with all information necessary to verify your identity or authenticate your payment transactions, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
Maintain in a timely manner the accuracy of the information we have on file, and consent to our periodic updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us information about payment or settlement methods that you are authorized to use. You understand that if you update information such as your country of residence, you may need to repeat some or all of the onboarding steps described above to continue using our Payment Services.
Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the TCGplayer Services. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions caused by third parties.

You authorize us and our Affiliates to verify and evaluate information you provide to us,

including by verifying the existence of your bank account, verifying your identity and other

personal information, obtaining reports from third parties, or comparing information you provide

to us with information provided by third parties. Such third parties may include without

limitation banks, credit and consumer reporting agencies, data brokers, and service providers. We

reserve the right to close, suspend, or limit your account or rescind your access to any or all of

our services in the event we are unable to obtain or verify any of this information or if you do not

comply with any obligations under the terms and conditions in connection with your use of the

TCGplayer Services or the Payment Services. We are not responsible for any losses suffered by

you as a result of incomplete or inaccurate information you provide.

4. Shipping

You must ship or otherwise deliver your item in accordance with the Marketplace Seller

Agreement and TCGplayer’s policies. You may not delay shipment of the item until funds have

settled to you.

5. Managed Payments Limitations

In some listings or categories, TCGplayer may allow sellers to offer buyers the option to pay for

a purchase directly to the seller without using the Payment Services offered by us under these

Payments Terms of Use (“Offline Payment Methods”). We do not manage payments for such

Offline Payment Methods. Offline Payment Methods are not covered by the TCGplayer

Safeguard program (as described below in Section 6).

6. Using Managed Payments

Returns and Cancellations; Refunds

If your buyer is entitled to a refund for a return or cancellation based on an agreement between

you and the buyer or according to TCGplayer’s policies, you authorize us to pay to the buyer the

corresponding refund amount on your behalf.

TCGplayer Safeguard Program

TCGplayer offers buyers a protection program on certain TCGplayer Services to ensure that

buyers receive the item they ordered or get their money back (“TCGplayer Safeguard”). You

understand that if your buyer successfully files a claim under this program, TCGplayer will

reimburse the buyer the amount owed on your behalf pursuant to the applicable Seller

Agreement and TCGplayer Safeguard policy. You must reimburse TCGplayer for any such

amounts.

Disputes

A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal,

or PayPal buyer protection claim, or otherwise ask their financial institution to open a payment

dispute (all referred to solely within this section as “Dispute”) in connection with a sale. The

final outcome of the Dispute will be decided by the buyer’s financial institution.

When a Dispute is opened, we may ask you to provide certain information or evidence related to

the claim to be submitted to the buyer’s financial institution. You agree to provide timely

information to assist in the Dispute resolution process and understand that your failure to provide

requested information on the timeline required by us or the buyer’s (or payment instrument

owner’s) financial institution could adversely impact the outcome of the Dispute investigation,

including complete forfeiture of the amount in Dispute. If the financial institution decides in

favor of the buyer (or the payment instrument owner), the respective amount will be refunded to

the buyer’s (or payment instrument owner’s) original payment method and charged to us. We

have the right to request you to reimburse us for such charges, unless stated otherwise in

the TCGplayer Safeguard policy, in which case you are not held liable for amounts refunded to

the buyer.

You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will

you reopen resolved Dispute investigations.

Seller Protection

If you have met your eligibility requirements for, and fulfilled all your applicable obligations,

under the TCGplayer Safeguard policy, you will not be held liable for any amounts to be

returned to buyers due to TCGplayer Safeguard claims or Disputes.

Fines, Penalties, and Losses

We are unable to manage payments for prohibited and restricted items. You will not use Payment

Services to move funds associated with gambling. Before listing your item, you must ensure it

complies with TCGplayer’s rules, applicable laws, and any additional restrictions imposed by

credit card associations, network rules, or third-party payments service providers that we may

use.

You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses,

damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought

against us by a third party arising out of (a) your breach of these Payments Terms of Use or the

Seller Agreement including without limitation any violation of TCGplayer’s policies; (b) your

violation of any law or the rights of a third party; or (c) any transaction processed by us for you

for an item you listed on TCGplayer (including without limitation the accuracy of your item

description or any claim or dispute arising out of items offered or sold by you).

Receipt and Settlement of Funds

After a transaction occurs, you will receive a notification confirming such payment

transaction. In certain instances, your transaction may be declined, frozen, or held for any

reason including for suspected fraud, high risk, potential violation of any regulation,

compliance with economic or trade sanctions, TCGplayer policies, or a policy of one of our

third-party payments services providers.

For convenience, we provide you with information regarding the proceeds of sales pending

settlement. This information merely reflects the amount of sales proceeds processed on your

behalf and does not constitute a deposit or other obligation of us to you. It is provided for

reporting and informational purposes only. Funds pending settlement to you will be held in an

account pending disbursement to you. You agree that you are not entitled to any interest or other

compensation associated with such funds pending settlement to you, that you have no right to

direct any such account holding such funds, and that you may not assign any interest in the

accounts, whether pending settlement, or otherwise.

Unless subject to a hold in accordance with these Payments Terms of Use, funds pending

settlement to you will be aggregated in a batch settlement to your Linked Financial Account

upon the next date of your scheduled payout. Transaction proceeds will generally settle within

three business days of initiating disbursement to you although actual settlement times may vary

for individual transactions based on your bank’s processing times. In some cases, settlement of

the payment processing proceeds could be temporarily delayed by an issue on our side, the

Payment Processor, or the buyer’s or your designated financial institution. We are not obligated

to refund any fees or reimburse any expenses due to delayed settlements.

We may diverge from this procedure as needed for compliance or operational reasons. If we are

unable to settle the Managed Payments proceeds, then, depending on the reason, we may refund

the buyer or otherwise process these funds in accordance with applicable law, including

abandoned property laws, such as by escheating funds to a governmental body after the passage

of an applicable period of time, or our policies.

If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to

receive at the time of disbursement, we have the right to recoup such amounts from you.

We may be required to issue information return(s) such as Forms 1099-K related to payments

made to you during a calendar year. TCGplayer uses the address on file to determine the state of

your residence and uses the email address on file to send information relevant to when

information returns are available to you. Your acceptance of these Payments Terms of Use and

continued use of our Payment Services evidence your agreement to receive any information

return required to be issued, such as Forms 1099-K, electronically.

Holds

We reserve the right to manage the risks associated with providing you the Payment Services by

placing restrictions on your access to your funds when deemed necessary, as described in further

detail below.

You agree that we may place holds on your funds or instruct a payment service provider to hold

your funds, prior to disbursement. We will notify you by email of the hold and, depending on the

reason, may request additional information from you to help resolve the issue.

A hold may be placed if we have reason to believe there is an increased risk associated with the

provision of our Payment Services or with a certain transaction, for example if we cannot verify

your identity or if your buyer files a dispute. Please see the Marketplace Seller Agreement for

more detail on hold types and examples. We take into consideration relevant factors when

assessing such risks including selling history, seller performance, seller type, returns and

cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to make

direct debits from your Linked Financial Account, and the filing of TCGplayer Safeguard claims.

We also may cancel or freeze the settlement of your proceeds as necessary to comply with our

legal obligations in connection with fraud prevention, risk management, or regulatory

compliance, or upon lawful request by our Affiliates to enable them to comply with legal

obligations applicable to them. Any hold placed on your funds will be released when the risk

associated with our provision of Payment Services is reduced or eliminated.

We may temporarily retain a portion of your funds to cover refunds, Disputes, or other

post-transaction activities after you close your account. Unless otherwise required by law, we

will settle any unused retained amounts to your Linked Financial Account within 180 days of

your eBay account closure.

Our Liability

If we have acted with reasonable precautions and/or in accordance with our legal obligations, we

are not liable for any unauthorized, incorrect, unexecuted, or delayed payment transactions when

such issues were caused by abnormal and unforeseeable circumstances beyond our control.

Signature

In instances where we are required to collect your signature to meet anti-money laundering

and/or other legal requirements, we may (where not prohibited by applicable law) treat your

acceptance of these Payments Terms of Use as the equivalent of you providing us your signature.

7. Security; Third-Party Providers; Data Protection

Security

You acknowledge the importance of the security measures we put in place with regards to our

Payment Services, and agree to comply with them. You are responsible for maintaining the

security of all passwords, codes, or other login credentials used to access your account and the

related Payment Services and for any transactions made or actions taken using your account.

If you become aware of an unauthorized payment transaction or of a delayed or incorrectly

executed transaction, you must notify us immediately at sales@tcgplayer.com.

Third-Party Providers

We may use our Affiliates or third-party service providers (for example, companies that process

payments and disburse settlements, perform risk assessments or compliance checks, verify

identity, or validate payment or settlement methods) in different locations to assist us in

providing Managed Payments. In particular, we are using services provided by eBay Commerce

Inc. in order to provide payment services to you. Our Affiliates or third-party service providers

may further outsource the services to other Affiliates or third-party service providers. In this

context we may transfer your data to such Affiliates or third-party service providers to whom

services are outsourced. At times, we may communicate to you through our Affiliates. Related to

outsourced services, you hereby explicitly agree to our use of such Affiliates or third-party

service providers to assist us in providing Managed Payments and the outsourcing of services in

relation thereto (including the right to sub-outsource), and you accept that the obligation of

secrecy does not exist with respect to the related transfer of data (e.g., contact details, account

information, sales related information) to such Affiliates and third-party service providers. Our

Affiliates and third-party service providers are either subject by law to a secrecy obligation, as

provided by the law applicable to the Affiliates or third-party service providers, or will be

contractually bound to comply with strict confidentiality rules. Customer data transferred in

accordance with these purposes will only be accessible to a limited number of persons within the

relevant Affiliates or third-party service providers, on a need to know basis. Regardless of

whether we use Affiliates or third-party service providers, TCGplayer remains responsible to you

for the performance of the services contemplated under these Payments Terms of Use.

In conformity with our TCGplayer Privacy Policy, we may also share information collected by

us pursuant to these Payments Terms of Use with our Affiliates as necessary to enable your

continued use of our Payment Services and the TCGplayer Services. Please view our TCGplayer

details on processing purposes and legal bases under applicable data protection laws.

Data Protection

Our performance of Payment Services entails the processing of your buyer’s personal data when

a sale happens. With respect to such data processing, we and you each act as a separate data

controller/business under applicable data protection laws. You agree to comply with your

obligations as a data controller/business pursuant to all applicable data protection laws to which

you are subject, and provide us with all reasonable cooperation, information, and assistance as

necessary for us to meet our requirements as a data controller/business.

8. Collection of Fees and Other Amounts You Owe

You authorize us to collect from you any amounts you owe us, our Affiliates, or third parties

who, as separately authorized by you, provide services to you in connection with your use of the

TCGplayer Services, under these Payments Terms of Use, Seller Agreement, and any other

service contract, policy, agreement, or as required by law (referred to as “Owed Amounts”).

Owed Amounts typically include the following:

Fees;
Amounts as described in “Returns and Cancellations; Refunds”, “Disputes,” or “Fines, Penalties and Losses” in Section 6 above;
Amounts you owe under the applicable TCGplayer Safeguard policy;
Taxes or other charges related to your use of TCGplayer Services, if applicable and required by law; and
Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above).

For clarity, your authorization permits us to collect amounts which you already owe to us, our

Affiliates, or third parties as described above. This authorization does not establish any new

claims for payment against you. In some cases, our Affiliates may assign a claim against you for

payment of Owed Amounts payable by you to us.

Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis

by the following means:

Retaining such amounts from your current or future disbursements relating to any transactions that you may have in connection with any account owned by you;
Recouping from your Linked Financial Account (subject to a direct debit mandate or other similar authorization);
Recouping from any other payment instrument or payment method you may have authorized or placed on file with us or our Affiliates; and
Retaining collection agencies or using other collection methods, if collection by other means has been unsuccessful.

You authorize us to choose the method of collection among those listed above. We generally

deduct Owed Amounts from your current or future disbursements we process on your behalf. If

your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we

may charge your Linked Financial Account or another payment method on file.

You waive, to the extent possible under applicable law, any rights you may have to receive

advance notice of any particular preauthorized charge.

If our attempt to recoup an Owed Amount from a payment instrument on file fails as a result of

your acts or omissions, we may charge you for the failed attempt.

9. Authorization for Collection of Owed Amounts

You hereby authorize us to debit or charge any Owed Amount from your Linked Financial

Account or any other payment method you have on file with us. Your authorization will

remain in full force and effect until the earlier occurrence of: our receipt from you of any

written communication that revokes such authorization, or upon the closure or termination

of your eBay account.

To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey, and transfer to

us and our Affiliates, as applicable, all of your rights, title, and interests in any and all accounts

receivable, payments of money, and general intangibles owed in your favor to satisfy any and all

obligations or liabilities you owe to us and our applicable Affiliate in connection with your use

of the Payments Services and TCGplayer Services for the sale of goods to your buyers.

10. Amendment

We may amend these Payments Terms of Use by notifying you of the changes in writing (for

example, by posting a revised version of these Payments Terms of Use on our website). We will

notify you at least fourteen (14) days prior to the anticipated effective date of such change.

Your continued use of Managed Payments beyond the effective date of any changes will

constitute your acceptance of such changes.

If you do not agree to proposed changes, you may terminate these Payments Terms of Use,

pursuant to Section 12 (“Term, Termination”) below, without any extra cost at any time before

the effective date. We always publish the amended Payments Terms of Use on the TCGplayer

website.

11. Term, Termination

These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the

below.

We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior

via your registered email address. However, we may also terminate these Payments Terms of Use

on less notice or with immediate effect in the following scenarios:

We are required to do so by law or a court order;
A governmental authority requires us to do so to comply with anti-money laundering or

counter-terrorism financing obligations;
We have reasonable grounds to believe you are carrying out a prohibited or illegal

activity (including, but not limited to, financial crimes such as fraud, bribery, money

laundering, or sanctions violations);
We are unable to verify your or your business’s identity, or any other information

pertaining to you; or
You are otherwise in breach of a material contractual obligation of these Payments Terms

of Use, or seriously or persistently violating any provisions of these terms in any other way.

You may terminate these Payments Terms of Use by closing your account; if you use our

Payment Services after such termination, you will be deemed to have again accepted these

Payments Terms of Use.

Your use of the TCGplayer Services as a seller requires continued registration for our Payment

Services. Should you therefore terminate this agreement, you will not be able to use TCGplayer

Services, and we may terminate the Seller Agreement pursuant to the termination provisions

therein.

Termination of this Agreement shall not affect the rights or liabilities of either party accrued until

termination and/or any terms intended (expressly or implicitly) to survive termination, including

your obligation to pay amounts owed to us relating to your activities prior to termination and our

right to collect from you such amounts in accordance with these Payments Terms of Use. If there

are pending payment transactions at the time the termination takes effect, they will be processed

pursuant to terms of these Payments Terms of Use unless prohibited by law. As of the effective

date of the termination, you will no longer be able to sell any items on TCGplayer Marketplace.

12. Assignment

In our sole discretion, we may assign our rights and obligations under these Payments Terms of

Use and, in such event, we will notify you accordingly.

13. Appointment of TCGplayer as Agent

TCGplayer will receive payments on your behalf as your agent. You hereby appoint

TCGplayer as your agent for the limited purpose of receiving, holding, and settling

payments for Managed Payments transactions.

A payment received by us from a buyer, on your behalf, satisfies the buyer’s obligation to you in

the amount of the payment received, regardless of whether we actually settle such payment to

you. In the event that we do not make any such payment to you as described in these Payments

is deemed to be made by the buyer to you upon receipt by us. To the extent permissible under the

rules of any third-party or governmental body with jurisdiction over us, you agree that we are not

liable for your acts and omissions and you understand that we disclaim any such liability.

13. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND

WILL HA VE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TCGplayer

HA VE AGAINST EACH OTHER ARE RESOLVED.

You and TCGplayer agree that any claim or dispute at law or equity that has arisen, or

may arise, between you and TCGplayer (or any related third parties) that relates in any

way to or arises out of this or previous versions of these Payments Terms of Use, your use

of or access to Managed Payments, or the actions of TCGplayer or its agents, will be

resolved in accordance with the provisions set forth in this Legal Disputes Section. Any

translation of these Payments Terms of Use and all related documents is done for our users’

convenience and in the event of a dispute between the English and any non-English

-language versions, the English version of these Payments Terms of Use and all related

documents shall govern.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the

State of Delaware, without regard to principles of conflict of laws, will govern these Payments

except as otherwise stated in these Payments Terms of Use.

B. Agreement to Arbitrate

You and TCGplayer each agree that any and all disputes or claims that have arisen, or may

arise, between you and TCGplayer (or any related third parties) that relate in any way to

or arise out of this or previous versions of these Payments Terms of Use, your use of or

access to Managed Payments, the actions of TCGplayer or its agents, or any products or

services sold, offered, or purchased through the TCGplayer Marketplace shall be resolved

exclusively through final and binding arbitration, rather than in court. In this Legal

Disputes Section, the term “related third parties” includes your and TCGplayer’s

respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as

well as your, TCGplayer’s, and these entities’ employees and agents. Alternatively, you may

assert your claims in small claims court if your claims qualify and so long as the matter

remains in such court and advances only on an individual (non-class, non-representative)

basis. The United States Federal Arbitration Act governs the interpretation and

enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TCGplayer AGREE THAT EACH OF US MAY BRING CLAIMS

AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A

PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR

REPRESENTATIVE OR PRIV ATE ATTORNEY GENERAL ACTION OR

PROCEEDING. UNLESS BOTH YOU AND TCGplayer AGREE OTHERWISE,

THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE

PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE

OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR

PRIV ATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE

ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,

INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FA VOR OF THE

INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT

NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S

INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER

USERS. If a court decides that applicable law precludes enforcement of any of this

paragraph’s limitations as to a particular claim or a particular request for a remedy (such

as a request for injunctive relief), then that claim or that remedy request (and only that

claim or that remedy request) must be severed from the arbitration and may be brought in

court, subject to your and TCGplayer’s right to appeal the court’s decision. All other

claims will be arbitrated.

2. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator

instead of a judge or jury, and judicial review of an arbitration award is very limited.

However, an arbitrator can award the same damages and relief on an individualized basis

that a court can award to an individual. An arbitrator should apply the terms of these

Payments Terms of Use as a court would. All issues are for the arbitrator to decide,

except that issues relating to arbitrability, the scope or enforceability of this Agreement to

Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition

of Class and Representative Actions and Non-Individualized Relief”), shall be for a court

of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”)

under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the

AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to

Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is

unavailable to administer the arbitration, another administrator will be selected by the

parties or the court.

A party who intends to seek arbitration must first send to the other, by certified mail, a

valid Notice of Dispute (“Notice”). The Notice to TCGplayer must be sent to TCGplayer

Inc., Attn: Litigation Department, Re: Notice of Dispute, 2025 Hamilton Avenue, San

Jose, CA 95125. Any such Notice addressed to and received by eBay will also be deemed

to be received by TCGplayer, if such Notice regards TCGplayer Services. TCGplayer

will send any Notice to you to the physical address we have on file associated with your

eBay account; it is your responsibility to keep your physical address up to date. To be

valid, you must personally sign the Notice and complete all information on the Notice

form, including a description of the nature and basis of the claims the party is asserting,

the specific relief sought, and the email address and phone number associated with your

account.

If you and TCGplayer are unable to resolve the claim(s) described in a valid Notice

within 45 days after TCGplayer receives the Notice, you or TCGplayer may initiate

arbitration proceedings. A form for initiating arbitration proceedings is available on the

AAA’s site at www.adr.org (“Demand for Arbitration”). In addition to filing the

Demand of Arbitration with the AAA in accordance with its rules and procedures, the

party initiating the arbitration must mail a copy of the completed form to the opposing

party. You may send a copy to TCGplayer at the following address: TCGplayer Inc.,

Attn: Litigation Department, 2025 Hamilton Avenue, San Jose, CA 95125. In the event

TCGplayer initiates an arbitration against you, it will send a copy of the completed

Demand for Arbitration to the physical address we have on file associated with your

account. Any settlement offer made by you or TCGplayer shall not be disclosed to the

arbitrator.

Where no disclosed claim(s) or counterclaim(s) exceed $25,000, the dispute shall be

resolved by the submission of documents only, subject to the arbitrator’s discretion to

require an in-person hearing, if the circumstances warrant. In cases where an in-person

hearing is held, you and/or TCGplayer may attend by telephone, unless the arbitrator

requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law,

including recognized principles of equity, and will honor all claims of privilege

recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations

involving different users, but is bound by rulings in prior arbitrations involving the same

TCGplayer user to the extent required by applicable law. The arbitrator’s award shall be

final and binding and judgment on the award rendered by the arbitrator may be entered in

any court having jurisdiction thereof.

3. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s

rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the

Notice procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”)

and the value of the relief sought is $10,000 or less, at your request, TCGplayer will pay

all administration and arbitrator fees associated with the arbitration. Any request for

payment of fees by TCGplayer should be submitted by mail to the AAA along with your

Demand for Arbitration and TCGplayer will make arrangements to pay administration

and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s)

you assert in the arbitration to be frivolous, you agree to reimburse TCGplayer for all fees

associated with the arbitration paid by TCGplayer on your behalf that you otherwise

would be obligated to pay under the AAA’s rules. TCGplayer will pay as much of the

filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the

cost of accessing the arbitration forum from being prohibitive.

4. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate

(“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an

arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or

unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

5. Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN

CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY

MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE

OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS

AFTER THE DATE YOU ACCEPT THESE PAYMENTS TERMS OF USE FOR

THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO TCGplayer

INC., ATTN: LITIGATION DEPARTMENT, 2025 HAMILTON A VENUE, SAN

JOSE, CA 95125.

For your convenience, we provide an Opt-Out Notice form. You must complete and mail

it to us in order to Opt-Out of the Agreement to Arbitrate. You must complete the

Opt-Out Notice form by providing the information called for in the form, including your

name, address (including street address, city, state and zip code), and the user ID(s) and

email address(es) associated with your account(s) to which the Opt-Out applies. You

must sign the Opt-Out Notice for it to be effective. This procedure is the only way you

can Opt-Out of the Agreement to Arbitrate. If you Opt-Out of the Agreement to Arbitrate,

all other parts of these Payments Terms of Use and its Legal Disputes Section will

continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any

previous, other, or future arbitration agreements that you may have with us.

6. Future Amendments to the Agreement to Arbitrate

San Jose, CA 95125Notwithstanding any provision in the Seller Agreement or these Payments Terms of Use

to the contrary, you and we agree that if we make any amendment to this Agreement to

Arbitrate (other than an amendment to any notice address or site link provided herein) in

the future, that amendment shall not apply to any claim that was filed in a legal

proceeding against TCGplayer prior to the effective date of the amendment. The

amendment shall apply to all other disputes or claims governed by the Agreement to

Arbitrate that have arisen or may arise between you and TCGplayer. We will notify you

of amendments to this Agreement to Arbitrate by posting the amended terms on the

TCGplayer website at least 30 days before the effective date of the amendments and by

providing notice through the message center and/or by email. If you do not agree to these

amended terms, you may close your account within the 30-day period and you will not be

bound by the amended terms.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found

not to apply to you or to a particular claim or dispute, either as a result of your decision to

Opt-Out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court

order, you agree that any claim or dispute that has arisen or may arise between you and

TCGplayer must be resolved exclusively by a state or federal court located in Santa Clara

County, California. You and TCGplayer agree to submit to the personal jurisdiction of the courts

located within Santa Clara County, California for the purpose of litigating all such claims or

disputes.