TERMS AND CONDITIONS - Mystery Hunting Boxes

TERMS AND CONDITIONS
Last updated June 01, 2025
Please read these Terms of Service (collectively with our Privacy Policy and
Return Policy, the “Terms of Service”) fully and carefully before using
www.mysterygear.net (the “Site”) and the services, features, content or
applications offered by us, DBA MysteryGear (“MysteryGear”, “we”, “us” or
“our”) (together with the Site, the “Services”). These Terms of Serviceset forth
the legally binding terms and conditions for your use of the Site and the
Services.
AGREEMENT TO OUR TERMS OF SERVICE
We are WallStreet Online LLC, DBAMysteryGear, (“Company,” “we,” “us,”
“our”), a company registered in Pennsylvania, United States at 181 Route 6
West Suite 3, Coudersport, PA 16915.
We operate the website http://www.mysterygear.net (the “Site”), as well as
any other related products and services that refer or link to these Terms of
Service (collectively, the “Services”).
WallStreet Online LLC is a e-commerce website that sells hunting mystery
boxes in the United States
You can contact us by email at wallstreetonlinellc@gmail.com or by mail to
181 Route 6 West Suite 3, Coudersport, PA 16915, United States.
Acceptance of Terms
These Terms of Service constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”), and WallStreet
Online LLC, concerning your access to and use of the Services. You agree
that by registering for or accessing the Services in any manner, you have
read, understood, and agreed to be bound by these Terms of Service and all
other operating rules, policies, and procedures that may be published from
time to time on the Site by us, each of which is incorporated herein by
reference and each of which may be updated from time to time without notice
to you to the extent permitted by applicable law. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
The Terms of Service apply to all users of the Services, including, without
limitation, users who are contributors of content, information, and other
materials or services, registered or otherwise.
We reserve the right, in our sole discretion, to make changes or modifications
to the Terms of Service at any time and for any reason. We will alert you about
any changes by updating the “Last updated” date of these Terms of Service,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of Service to stay
informed of updates. You will be subject to, andwill be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of
Service by your continued use of the Services after the date such revised
Terms of Service are posted.
Eligibility
The Services are intended for users who are at least 18 years old. You
represent and warrant that you are at least 18 years of age. Persons under
the age of 18 are not permitted to use or register for the Services.
If you are under age 18, you may not, under any circumstances or for any
reason, use the Services. We may, in our sole discretion, refuse to offer the
Services to any person or entity and change its eligibility criteria at any time.
The right to access the Services is revoked where these Terms of Service or
use of the Services is prohibited or to the extent offering, sale or provision of
the Services conflicts with any applicable law, rule or regulation. Further, the
Services are offered only for your use, and not for the use or benefit of any
third party.
TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PRODUCTS
PURCHASES AND PAYMENT
SUBSCRIPTIONS
RETURN POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not
use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the “Content”), as well as the trademarks, service marks, and
logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for
your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Terms of Service, including the
“PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive,
non-transferable, revocable license to:
▪ access the Services; and
▪ download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Terms of Service, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as
set out in this section or elsewhere in our Terms of Service, please address
your request to: wallstreetonlinellc@gmail.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Terms of Service and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services (“Submissions”), you
agree to assign to us all intellectual property rights in such Submission. You
agree that we shall own this Submission and be entitled to its unrestricted use
and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
▪ confirm that you have read and agree with our “PROHIBITED
ACTIVITIES” and will not post, send, publish, upload, or transmit
through the Services any Submission that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
▪ to the extent permissible by applicable law, waive any and allmoral rights
to any such Submission;
▪ warrant that any such Submission are original to you or that you have
the necessary rights and licenses to submit such Submissions and that
you have full authority to grant us the above-mentioned rights in
relation to your Submissions; and
▪ warrant and represent that your Submissions do not constitute
confidential information.
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Terms of Service; (2) you are not
a minor in the jurisdiction in which you reside; (3) you will not access the
Services through automated or non-human means, whether through a bot,
script or otherwise; (4) you will not use the Services for any illegal or
unauthorized purpose; and (5) your use of the Services will not violate any
applicable law or regulation.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE
ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE
AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT
CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO
YOUR ACCOUNT SETTINGS. IF YOU ARE A SUBSCRIBER AND FAIL TO
PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT
WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION
UNLESS AND UNTIL YOUR SUBSCRIPTION TERMINATES, PROVIDED
THAT YOU WILL NOT BE CHARGED FOR ANY MONTH THAT YOU HAVE
OPTED OUT IN ACCORDANCE WITH THESE TERMS OF SERVICE.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
PRODUCTS
We do not guarantee that any Products described or pictured on our Site, in
our e-mails, or in other communications to you (“Products”) will be available or
included in any subscription delivery. Images shown through use of the
Services are representative only and no particular Products or items are
guaranteed to be included in any subscription. We do not guarantee that any
colors, features, specifications, or details of any representative Products
shown will be accurate, complete, reliable, current, or free of other errors, and
your electronic display may not accurately reflect the actual colors and details
of any Products. All Products are subject to availability, and we cannot
guarantee that any particular items will be in stock. We reserve the right to
discontinue any Products at any time for any reason.
PURCHASES AND PAYMENT
We accept the following forms of payment:

Visa
Mastercard
American Express
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve
the right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by
or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
Please note that any payment terms presented to you in the process of you
placing an order through the Site or by signing up for a Subscription are
deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you
for your orders made through the Site and, if you are a subscriber, the
charges for any shipments we send you in connection with your Subscription.
The processing of payments will be subject to the terms, conditions and
privacy policies of the Payment Processor in addition to this Agreement. We
are not responsible for errors by the Payment Processor. By choosing to place
an order through the Site or by signing up for a Subscription, you agree to pay
us, through the Payment Processor, all charges at the prices then in effect for
your order and/or for any shipments we send you in connection with your
Subscription in accordance with the applicable payment terms and you
authorize us, through the Payment Processor, to charge your chosen payment
provider (your “Payment Method”). You agree to make payment using that
selected Payment Method. You may change your Payment Method at anytime
through your Account. We reserve the right to correct any errors or mistakes
made the Payment Processor even if it has already requested or received
payment from you. If we, through the Payment Processor, do not receive
payment from you, you agree to pay all amounts owed by you to us upon
demand.

SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You
consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as you
cancel the applicable order. The length of your billing cycle is monthly.
If you sign up for a subscription you will be charged for each shipment that we
ship to you, unless you opt of out of receiving your Subscription in a given
month (or other applicable period). INSTRUCTIONS FOR OPTING OUT OF
EACH SUBSCRIPTION TYPE ARE DESCRIBED DURING THE CHECKOUT
PROCESS. BY CHOOSING TO SIGN UP FOR A SUBSCRIPTION, YOU
ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING
PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL
RECURRING CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF
CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR
SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO
THE EFFECTIVE DATE OF CANCELLATION DATE.
If you are a subscriber, your non-cancellation of your subscription re-affirms
that we are authorized to charge your method of payment for the applicable
charge each month, unless you have opted out for a given month. We may
submit those charges for payment and you will be responsible for such
charges. This does not waive our right to seek payment directly from you.
Your charges may be payable in advance, in arrears, per usage, or as
otherwise described when you initially signed up for the subscription.
Cancellation
YOU MAY CANCEL YOUR SUBSCRIPTION BY LOGGING IN AND VISITING
THE “SUBSCRIPTIONS” TAB OF YOUR ACCOUNT, THEN CLICKING
“MODIFY MY MEMBERSHIP.” MAKE SURE TO CLICK THROUGH TO
CONFIRM YOUR CANCELATION. ALTERNATIVELY, YOU CAN CANCEL
YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US USING THE
CONTACT INFORMATION PROVIDED BELOW.
After your cancellation request, you will still be charged for any shipments that
you have not opted out of receiving prior to the effective date of your
cancellation.
Your cancellation will take effect at the end of the current paid term. The
effective date of cancellation of your subscription will be the first day of the
month after you submit your cancellation request, regardless of the date of the
current month in which you submit such request. The deadline to opt out of
receiving your subscription for any given month is typically on or around the
25th day of the month, and may in some cases be later than the date you
submit your cancellation request, in which case you can opt out of the final
month of your subscription at the time you request cancellation. As an
illustration, if you submit a cancellation request on December 31, your
cancellation will be effective on February 1, and you will still receive a
subscription for January, unless you also request to opt out of your January
subscription at the time you cancel. However, if you submit a cancellation
request on January 10, your cancellation will be effective on February 1 and
you will still receive a subscription for January, since the opt out date for
January has passed. Each month, you will be charged when the subscription
is shipped or sometime thereafter, unless you opt out of receiving the
subscription for the given month in accordance with the Terms of Service.
If you have chosen a yearly subscription, you may cancel your subscription
prior to the end of the full year term, however, WE WILL CHARGE THE
DIFFERENCE BETWEEN THE REGULAR PRICED BOXES AND THE
YEARLY DISCOUNT UPON CANCELLATION OF THE YEARLY
SUBSCRIPTION FOR THE BOXES YOU HAVE ALREADY RECEIVED OR
WILL RECEIVE AFTER THE OPT OUT DATE. For example, if you subscribe
to the yearly subscription option to receive a discount on your monthly
subscriptions on December 24, but choose to cancel your yearly subscription
early on June 24, you will be charged the difference in price between the
monthly subscription price and the yearly subscription price for the boxes
received from January through June at the time of cancellation.
If you have any questions or are unsatisfied with our Services, please email
us at wallstreetonlinellc@gmail.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
RETURN POLICY
Please review our Return Policy prior to making any purchases:
https://app.termly.io/policy-viewer/policy.html?policyUUID=5a934bee-93f5-439
d-8e1c-87f8d51a5695.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
▪ Systematically retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.
▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
▪ Use any information obtained from the Services in order toharass,
abuse, or harm another person.
▪ Make improper use of our support services or submit false reports of
abuse or misconduct.
▪ Use the Services in a manner inconsistent with any applicable laws or
regulations.
▪Engage in unauthorized framing of or linking to the Services.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
▪ Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of
another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
▪ Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
▪ Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
▪ Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
▪ Copy or adapt the Services’ software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
▪ Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Services.
▪ Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch
any unauthorized script or other software.
▪ Use a buying agent or purchasing agent to make purchases on the
Services.
▪ Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
▪ Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
▪Sell or otherwise transfer your profile.
▪ Use the Services to advertise or offer to sell goods and services.
USER-GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. At our discretion,
we may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us
or on the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, reviews,or personal
information or other material (collectively, “Contributions”). Contributions may
be viewable by other users of the Services and through third-party websites.
As such, any Contributions you transmit may be treated in accordance with
the Services’ Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
▪ You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Terms of Service.
▪ You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and everysuch identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Terms of Service.
▪Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
▪ Your Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a
specific person or class of people.
▪Your Contributions do not violate any applicable law, regulation, or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any
third party.
▪ Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
▪ Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
▪ Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Service, or any applicable law
or regulation.
Any use of the Services in violation of the foregoing violates these Terms of
Service and may result in, among other things, termination or suspension of
your rights to use the Services.
CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references
to illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8)
you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion, for any
reason or no reason. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to that review.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Terms of Service; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Service,
including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper functioning of the
Services.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://app.termly.io/policy-viewer/policy.html?policyUUID=e17ca415-64c
a-4245-ab41-4b3bd37be509. By using the Services, you agree to be bound
by our Privacy Policy, which is incorporated into these Terms of Service and,
along with the Return Policy, constitute the Terms of Service. Please be
advised the Services are hosted in the United States. If you access the
Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the
United States.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the
Services, but are subject to change at any time without notice. Please review
this page regularly to see if these Terms of Service have changed. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate your subscription, we will not charge you for thesubscription
after the termination date, except for any shipments already in progress. Any
fees paid hereunder are non-refundable, except for products returned in
accordance with our Return Policy. All provisions of these Terms of Service
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account,
we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We also reserve the right to modify or discontinue all or part of the Services
without notice at any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services during
any downtime or discontinuance of the Services. Nothing in these Terms of
Service will be construed to obligate us to maintain and support the Services
or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Service and your use of the Services are governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania
applicable to agreements made and to be entirely performed within the
Commonwealth of Pennsylvania, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim arising out of or related to the Services, or these Terms of Service (each
a “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the
other Party.
BINDING ARBITRATION
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH
INFORMAL NEGOTIATIONS, THE DISPUTE (EXCEPT THOSE DISPUTES
EXPRESSLY EXCLUDED BELOW) SHALL BE FINALLY AND EXCLUSIVELY
RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes (“AAA Consumer Rules”), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. If such costs are determined by the arbitrator to be excessive, we will
pay all arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator shall make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. Requesting a statement of reasons
with the decision may subject you to additional costs. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Potter County, Pennsylvania.
Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts
located in Potter County, Pennsylvania, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Terms of Service.
In no event shall any Dispute brought by either Party related in any way to the
Services or these Terms of Service be commenced more than one (1) years
after the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO
THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL
EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED
WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR
AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A
CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations prior to initiating binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief; (d) any claim that
must be formally commenced immediately in order to avoid application of the
statute of limitations. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
CORRECTIONS
Excluding any content which may be submitted by users from time to time, we
strive to ensure that the information on the Site is complete and reliable.
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information, for which we will not be liable to you or any other
person, unless otherwise prohibited by law. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on
the Services at any time, without prior notice. We reserve the right to limit
quantities purchased by users and to revise, suspend, or terminate an event
or promotion at any time without notice (including after an order has been
submitted and/or acknowledged).
DISCLAIMER
We have no special relationship with or fiduciary duty to you. You
acknowledge that we have no control over, and no duty to take any action
regarding:
which users gain access to the Services;
what Content you access via the Services;
what effects the Services or any included products may have on you;
how you may interpret or use the Services or products; or
what actions you may take as a result of having been exposed to the
Services or products.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT
ALLOW FOR CERTAIN LIMITATIONS WITH RESPECT TO IMPLIED
WARRANTIES (SUCH AS HOW LONG AN IMPLIED WARRANTY LASTS),
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE
FOREGOING LIMITATIONS SHALL ONLY APPLY TO YOU TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party
due to or arising out of: (1) use of the Services; (2) breach of these Terms of
Service; (3) any breach of your representations and warranties set forth in
these Terms of Service; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services, pursuant to our Privacy Policy. Although we perform
regular routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature
or delivery or retention of non-electronic records, or topayments or the
granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are
entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is
Wallstreet Online LLC, DBA MysteryGear, 181 Route 6 West Suite 3
Coudersport, PA 16915 United States, __. Complaints
regarding the service or requests to receive further information regarding use
of this service may be sent to the above address or to
wallstreetonlinellc@gmail.com.
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Service and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. 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. These Terms of Service operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms of Service is determined to
be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Service and does not affect the
validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you
and us as a result of these Terms of Service or use of the Services. You agree
that these Terms of Service will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Service and the lack of signing
by the parties hereto to execute these Terms of Service.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
WallStreet Online LLC
181 Route 6 West Suite 3
Coudersport, PA 16915
United States
wallstreetonlinellc@gmail.com
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