Welcome to thePit.com. This website is owned and operated by thePit.com, Inc.,
its affiliates, agents and licensors (collectively, "we", "us", "our" or
"thePit.com"). You understand that your use of this website constitutes your
consent to and agreement to abide by these terms and conditions (the "Terms").
thePit.com may at any time revise these terms and conditions by updating the
Terms. You agree to be bound by subsequent revisions and agree to review the
Terms periodically for changes to the terms and conditions. The most up
to date version of the Terms will always be available for your review under the
also offer other services from time to time that are governed by different
terms and conditions. For instance, when you open an account with
thePit.com, your customer relationship with thePit.com is governed by
thePit.com Account Agreement, amended from time to time, and always accessible
when you click on "Legal" under "Customer Service."
GRANT OF LICENSE
thePit.com grants you a single, non-exclusive, limited personal license to
access and use the website conditioned on your continued compliance with the
terms and conditions in these Terms. You may not transfer or share your right
to access or use of the website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or
other applications formally approved by thePit.com in writing, you agree not to
use any software, program, application or any other device to access or log on
to thePit.com's computer systems, Web site or proprietary software or to
automate the process of obtaining, downloading, transferring or transmitting
any content, information or quotes to or from thePit.com's computer systems,
Web site or proprietary software. thePit.com is not responsible for, and makes
no warranties regarding, the access, speed or availability of the Internet in
general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device
or manual process to monitor or copy our web pages or the content contained
herein without our prior written permission; (b) use any device, software or
routine to interfere or attempt to interfere with the proper working of the
website or any transaction being conducted on either; (c) take any action that
imposes an unreasonable or disproportionately large load on our infrastructure;
or (d) reverse engineer, reverse assemble or otherwise attempt to discover any
source code. Much of the information on the website is updated on a real time
basis and is proprietary or is licensed to us by others. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or publicly
display any content from the website without our prior written permission, or
that of the appropriate third party.
NO INVESTMENT ADVICE OR RECOMMENDATIONS
All content on the website is for informational purposes only. You alone will
need to evaluate the merits and risks associated with the use of the website.
Although the website may provide information relating to approaches to
investing or types of cards you might buy or sell, no information available
through the website is intended or should be construed as an investment
recommendation or endorsement from thePit.com. Nothing contained on the website
constitutes investment advice. Decisions based on information contained within
the website are your sole responsibility. In exchange for using the website,
you agree not to hold thePit.com liable for any possible claim for any damages
arising from any decision you make based on such information.
You understand that at all times or from time to time, thePit.com may hold
positions in the sports cards listed or otherwise mentioned on the
website. You understand that thePit.com may trade for its own account as
a market maker and is the party with whom you are making transactions. You understand
that the market maker may take long and/or short positions.
The website may make available certain market data, quotes, news, research,
statistics and opinions or other information (collectively "Information") that
it has prepared itself or that has been independently obtained by other
services and individuals, including news wires, statistics providers,
journalists and other providers (collectively the "Information Providers").
thePit.com does not guarantee or certify the accuracy, completeness, timeliness
or correct sequencing of the Information made available through thePit.com, the
Information Providers or any other third party transmitting the Information
(the "Information Transmitters"). You agree that neither thePit.com, the
Information Providers nor the Information Transmitters shall be liable in any
way for the accuracy, completeness, timeliness or correct sequencing of the
Information, or for any decision made or action taken by you relying upon the
Information. You further agree that neither thePit.com, the Information
Providers nor the Information Transmitters will be liable in any way for the
interruption of any data, Information or other aspect of the website. You
understand that none of the Information available through the website
constitutes a recommendation or solicitation that you should purchase or sell
any particular sports card.
Unless otherwise indicated for a particular service, any communications or
material you email, post or otherwise transmit through the website, including
data, questions, comments, or suggestions will be treated as non-confidential
and nonproprietary. On occasion thePit.com may reproduce, disclose, transmit,
publish, broadcast, or post such communications or material. Furthermore,
thePit.com is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to thePit.com for any purpose
whatsoever, including, but not limited to, developing and marketing products
using such information.
thePit.com may provide a link to other services or sites as part of the
website. Such sites are not under the control of thePit.com, and thePit.com
makes no representations whatsoever concerning the accuracy, timeliness, or
suitability of the content . Unless we expressly state otherwise, the fact that
thePit.com has provided a link to a site is not an endorsement of the service
or site, its content, or its sponsoring organizations.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
WHILE THEPIT.COM INTENDS TO PROVIDE ACCURATE AND RELIABLE INFORMATION THROUGH
THE WEBSITE, INADVERTENT ERRORS MAY SOMETIMES OCCUR. THEPIT.COM RESERVES THE
RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE
INFORMATION PROVIDED THROUGH THE WEBSITE IS PROVIDED "AS IS." THEPIT.COM
DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGMENT. USE OF THIS SERVICE IS AT YOUR OWN RISK. THEPIT.COM
IS NOT LIABLE FOR DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES OR
INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING, IN WHOLE OR IN
PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR
OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
You agree to indemnify and hold thePit.com and its affiliates, agents,
employees, and licensors harmless from any claim or demand, including
attorneys' fees, made by any third party arising out of your violation of these
TRADEMARKS AND COPYRIGHTS
The website and its content is owned by thePit.com or its affiliates or agents
and is protected by United States Copyright Act of 1976, as amended, and the
copyright laws of other countries. All content, trademarks, services
marks, trade names, logos, and icons are proprietary to thePit.com or its
affiliates or agents. The materials provided in this service, including
graphic images, buttons, and text, may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, without the prior
written permission, except that you may download, display, or print one copy of
the materials on a single computer solely for your personal, non-commercial,
home use, provided that you keep intact all copyright, trademark, and other
proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of thePit.com's, its affiliates
or its third party information providers copyrights and other proprietary
rights. Nothing contained herein shall be construed as conferring by
implication, estoppel, or otherwise, any license or right under any copyright,
patent, trademark, or other proprietary interest of thePit.com, its affiliates,
or any third party.
MODIFICATIONS TO THE WEBSITE
thePit.com reserves the right to modify or discontinue, temporarily or
permanently, all or any portion of the Web Site with or without notice. You
agree that thePit.com will not be liable to you or to any third party for any
such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with
any term or condition. Upon such violation, you agree to terminate access to
the website. You further agree that thePit.com, in its sole discretion and with
or without notice, may terminate your access to any or all of the website, and
remove and discard any information or content within the website. You
also agree that thePit.com will not be liable to you or any third-party for any
termination of your access to the website.
These Terms shall be subject to and construed in accordance with the laws of
the State of California, excluding its conflict of law principles. The
parties consent to jurisdiction of venue exclusively in the State of California,
County of California. If any part of these Terms is unlawful, void or
unenforceable, that part will be deemed severable and will not affect the
validity and enforcibility of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Arbitration is final and binding on the parties.
The parties are waiving their right to seek remedies in court, including the
right to jury trial.
Pre-arbitration discovery is generally more limited than and different from
The arbitrators' award is not required to include factual findings or legal
reasoning and any party's right to appeal or seek modification or rulings by
the arbitrators is strictly limited.
You agree that any and all controversies which may arise between you and
thePit.com or any of its officers, directors, employees, agents, subsidiaries
or affiliates including but not limited to those involving transactions of any
kind made on your behalf by, through or with thePit.com, its officers,
directors, employees, agents, subsidiaries or affiliates and the construction,
performance or breach of this or any other agreement between you and thePit.com
shall be determined by arbitration conducted before the American Arbitration
Association ("AAA") in accordance with its arbitration rules then in force. You
specifically agree, however, as permitted by statute and/or regulation, to
arbitrate all such controversies before the ("AAA") in Los Angeles, California. Judgement upon any award of the arbitrators may be entered in any
court, state or federal, having jurisdiction thereof.
No person shall bring a putative or certified class action to arbitration, nor
seek to enforce any predispute arbitration agreement against any person who has
initiated in court a putative class action; or who is a member of a putative
class who has not opted out of the class with respect to any claims encompassed
by the putative class action until:
the class certification is denied; or
the class is decertified; or
the customer is excluded from the class by the court. Such forbearance to
enforce an agreement to arbitrate shall not constitute a waiver of any rights
under this Agreement except to the extent stated herein
If you are a foreign national, non-resident alien, or if you do not reside in
the United States, you affirmatively agree to waive your right to file an
action against thePit.com any foreign venue other than with the AAA as set
forth above. The laws of the State of California will govern the interpretation
and enforcement of the terms of this Agreement, and you further consent to the
jurisdiction of the State of California over you individually with respect to
Please note that when you buy or sell, thePit.com treats cards of the same
player, year, manufacturer, set, issue, grade and grading agent as interchangeable
cards. For example, thePit.com views two 1989 Upper Deck Griffey
PSA-9 cards identically, without regard to individual serial numbers.
Therefore, you are not buying or selling the exact same serially numbered card
that you may see scanned on the website.
Note that thePit.com does not buy or sell cards that have qualifiers of any
In addition, thePit.com makes no distinction between the Topps Finest cards
that are manufactured with coating and the cards without coating. If you
purchase a Topps Finest card from thePit.com, and choose to have it shipped,
then you may receive either the coated or uncoated card.
Rules For Online Conduct on thePit.com Message Boards.
By using this Service, you agree that you will not post any
of the following material on the message boards:
Material which is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, indecent, libelous, invasive
of another's privacy, hateful, racially or ethnically insensitive or
Personal attacks against users of this board;
Material that advocates illegal activity or discusses illegal activities
with the intent to commit them;
Unauthorized copyrighted material or material that infringes any patent,
trademark, trade secret, or other proprietary rights of any party;
- Any unsolicited or unauthorized advertising, promotional materials,
"junk mail", "spam", "chain letters", "pyramid schemes", or any other
form of solicitation, except with the express permission of thePit.com;
Material which impersonates any person or entity or falsely states or
otherwise misrepresents your affiliation with a person or entity;
Posts which are deemed inappropriate by the thePit.com.
You agree that thePit.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if thePit.com believes that you have violated or acted
inconsistently with the letter or spirit of this Policy. ThePit.com may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Policy may be effected
without prior notice, and acknowledge and agree that thePit.com may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that thePit.com shall not be liable to you or any third-party for any
termination of your access to the Service.
Statements or postings which violate the above terms will be deleted upon discovery.
Users who violate the Policy may receive a warning. Depending on the severity and
frequency of violations, the user may lose his account temporarily or permanently.
Account suspensions are at the sole discretion of thePit.com. More than one account
is not allowed. Re-registrations by individuals suspended or removed from the board
must first be approved by thePit.com.
Any user posting on thePit.com message boards implicitly agrees to these rules,
regardless of whether they have been read or not. Messages posted on these boards
reflect the views or opinions of the participants and not those of thePit.com or
its employees. Under no circumstances will thePit.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any material,
or for any loss or damage of any kind incurred as a result of the use of any material
posted, emailed, transmitted or otherwise made available via the Service.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. You acknowledge and agree that thePit.com may preserve material
and may also disclose material if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Policy; (c) respond to claims that
any material violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of thePit.com, its users and the public.
You agree to indemnify and hold thePit.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to
the Service, your violation of the Policy, or your violation of any rights of
Please report any violations of this Policy agreement to Customer Service at