Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "user") and Obeyaco, INC. ("Obeyaco," "we," "us," or "our"), a company with a mailing address of 318 W. Half Day Rd Unit 224, Buffalo Grove, IL 60089, governing your access to and use of the Obeyaco website, dashboard, Discord server, and any related services (collectively, the "Services").

This agreement is made up of these Terms of Service, our Terms and Conditions, and our Privacy Notice, each of which is incorporated by reference. By creating an account, joining our Discord server, or otherwise accessing or using the Services, you accept and agree to be bound by all of these documents. If you do not agree, you must not access or use the Services.

You may accept these Terms by clicking an "I agree," "sign up," or similar button where presented, or by simply accessing or using the Services, whichever occurs first.

You must be at least 18 years old to access or use the Services. By using the Services, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.

If we discover or have reason to believe that you are under 18 years of age, we reserve the right to immediately suspend or terminate your account and access to the Services, without notice and without any refund of amounts previously paid.

Obeyaco provides tools and assistance intended to help members monitor, identify, and attempt to secure sealed trading card game and other retail products from third-party retailers, acting solely as a limited authorized agent of the member for the purpose of attempting to complete a purchase requested by that member.

Obeyaco does not guarantee that any product will be found, secured, purchased, or delivered. Retail inventory, pricing, and order fulfillment are controlled entirely by third-party retailers and are outside of our control. Checkouts may fail, be cancelled, be delayed, or be refused by a retailer for any reason, and Obeyaco is not responsible for the acts, omissions, policies, or performance of any third-party retailer or platform.

Your use of any third-party retailer or platform in connection with the Services is subject to that third party's own terms of service, and you are solely responsible for complying with them.

You may register and maintain only one account with Obeyaco. Creating or maintaining multiple accounts, or attempting to circumvent this restriction, is prohibited and may result in suspension or termination of all associated accounts.

You are responsible for providing accurate, current, and complete information when registering for and using the Services, and for promptly updating that information if it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Access to certain parts of the Services is gated through our Discord server. Your use of our Discord server is also subject to Discord Inc.'s own terms of service and community guidelines, over which Obeyaco has no control and for which Obeyaco is not responsible.

All members of our Discord server are expected to follow the community rules posted within the server. We reserve the right, at our sole discretion, to moderate, mute, kick, ban, or otherwise remove any member from the Discord server, and to revoke Services access associated with that membership, for any reason or no reason, without prior notice.

We may modify, suspend, or discontinue any part of the Services, or these Terms, at any time and at our sole discretion, without prior notice. Continued use of the Services after any such change constitutes your acceptance of the modified Terms.

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including for violation of these Terms, our Terms and Conditions, suspected fraud, abuse, or conduct we determine, in our sole discretion, to be harmful to Obeyaco, other members, or third parties.

Upon suspension or termination, your right to access and use the Services immediately ends. Amounts already paid to Obeyaco are non-refundable, and any fees already owed to Obeyaco at the time of suspension or termination remain due and payable.

These Terms of Service, together with our Terms and Conditions and Privacy Notice, constitute the entire agreement between you and Obeyaco regarding the Services and supersede any prior agreements or understandings.

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. You may not assign or transfer these Terms or your account without our prior written consent; we may assign these Terms without restriction.

These Terms are drafted and provided in English. Any translation is provided for convenience only, and the English version controls in the event of any conflict.

Questions about these Terms can be directed to legal@obeyaco.com.

These Terms and Conditions supplement our Terms of Service and govern billing, payment, conduct, liability, and dispute resolution between you and Obeyaco, INC. in connection with your use of the Services. By using the Services, you accept these Terms and Conditions in full.

Where Services require payment of fees to Obeyaco, you authorize us to charge the payment method on file for those fees. Obeyaco is not responsible for, and assumes no liability for, charges made by third-party retailers to your payment methods in connection with purchases attempted or completed through the Services — those charges are between you and the retailer.

If you believe you have been incorrectly charged a fee by Obeyaco, you must notify us at legal@obeyaco.com within 30 days of the charge. Disputes raised after this window may be declined.

All fees paid to Obeyaco are final and non-refundable under all circumstances, including but not limited to a failed, cancelled, delayed, or refused checkout, dissatisfaction with results, or voluntary discontinuation of your account.

Initiating a chargeback or payment dispute against Obeyaco without first contacting us to resolve the issue is a violation of these Terms and Conditions and may result in immediate termination of your account and access to the Services. Obeyaco reserves the right to pursue any and all legal remedies available to recover fees associated with a fraudulent or bad-faith chargeback, including associated costs and fees.

You agree that you will not, in connection with the Services:

• Use bots, scripts, scrapers, or other automated means to access or interact with the Services without our prior written consent;
• Resell, redistribute, or transfer products or accounts obtained through the Services in violation of any third-party retailer's terms of service;
• Provide false, stolen, or fraudulently obtained payment information, identity information, or account credentials;
• Attempt to circumvent, disable, or interfere with any security, rate-limiting, or fraud-prevention feature of the Services;
• Use the Services for any unlawful purpose or in violation of any applicable local, state, federal, or international law; or
• Engage in any conduct that we determine, in our sole discretion, to be abusive, fraudulent, or harmful to Obeyaco, other members, or third parties.

You consent to Obeyaco monitoring account activity for the purpose of detecting and preventing fraud and abuse. Violation of this section may result in immediate suspension or termination of your account, forfeiture of any pending requests, and referral to law enforcement where appropriate.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OBEYACO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY CHECKOUT OR PURCHASE ATTEMPT WILL SUCCEED.

You agree to indemnify, defend, and hold harmless Obeyaco, INC. and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services, your violation of these Terms and Conditions, or your violation of any rights of a third party, including any third-party retailer.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBEYACO'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU PAID TO OBEYACO IN THE THREE (3) CALENDAR MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL OBEYACO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Nothing in these Terms and Conditions limits any liability that cannot be limited or excluded under applicable Illinois law.

Before filing a claim, you agree to first contact us at legal@obeyaco.com and attempt in good faith to informally resolve any dispute.

If a dispute is not resolved informally within a reasonable time, you and Obeyaco agree that it will be resolved by binding, individual arbitration seated in Lake County, Illinois, rather than in court, except that either party may bring an individual claim in small claims court where eligible.

YOU AND OBEYACO EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Any claim arising out of or related to the Services must be filed within one (1) year after the claim arose, or it is permanently barred.

These Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflict of laws principles.

We may update these Terms and Conditions at any time, at our sole discretion and without prior notice. The updated version will be posted with a new effective date, and continued use of the Services after that date constitutes acceptance of the changes.

Section headings are for convenience only and do not affect interpretation. These Terms and Conditions are drafted in English, and the English version controls in the event of any conflict with a translation. All other general provisions set out in Section 8 of our Terms of Service apply equally to these Terms and Conditions.