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Terms of Use last updated April 10, 2026

 

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THIS IS A BINDING CONTRACT.

Welcome to the Krueger’s Collectibles (“Krueger’s Collectibles” or “we”) website available at www.kruegerscollectibles.com (“Site”). At Krueger’s Collectibles we strive to bring you the greatest selection of cards, comics and collectibles (“Services”).

THESE TERMS OF USE (“TERMS”) MAY CHANGE FROM TIME TO TIME. WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES TO THESE TERMS BY POSTING A NOTICE ON THE HOMEPAGE OF THE SITE FOR A REASONABLE PERIOD OF TIME AFTER SUCH CHANGES ARE MADE, EMAIL YOU NOTICE OF SUCH CHANGES TO THE EMAIL ADDRESS ON FILE THROUGH YOUR REGISTRATION AND BY CHANGING THE "LAST UPDATED" DATE AT THE TOP OF THIS WEBPAGE. WE ENCOURAGE YOU TO CHECK THIS PAGE PERIODICALLY FOR ANY CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

 

IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY AND ALL SUCH GUIDELINES, WAIVERS OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.

 

Acceptance Of Terms

Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms, you must immediately stop using the Site.

 

Intellectual Property

All services, data, text, images, logos, photographs, advertisements, graphics, artwork, press releases, audio, video, documents, trademarks, copyrights and other information and content available on or through the Site (“Content”), is the property of Krueger’s Collectibles or its licensors.

 

Unless otherwise noted all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Krueger’s Collectibles. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Krueger’s Collectibles, and you acknowledge and agree that we retain all right, title and interest in and to the Content.

Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Krueger’s Collectibles or the respective copyright/trademark owner. Krueger’s Collectibles authorizes you only to view, not download or print out these copyrighted and trademarked materials only for personal, non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the content except as expressly provided in these Terms violates Krueger’s Collectibles’ intellectual property rights.

You agree that you will not: (1) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Content other than in accordance with the terms, conditions and restrictions herein; (2) take any other action that would jeopardize or impair Krueger’s Collectibles’ rights as owner of the Content or the legality and/or enforceability of the Content, including, challenging or opposing Krueger’s Collectibles ownership in the Content; (3) apply for copyright or trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Content; (4) use the Content on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Krueger’s Collectibles takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

Affiliation Disclaimer

 

WE ARE NOT AFFILIATED WITH OR ENDORSED BY ANY OF THE OWNERS OF ANY TRADEMARKS THAT APPEAR ON OUR SITE THAT ARE NOT OWNED BY KRUEGER’S COLLECTIBLES. KRUEGER’S COLLECTIBLES SOLELY USES THESE TRADEMARKS FOR DESCRIPTIVE AND INFORMATIONAL PURPOSES. OWNERSHIP OF SAID TRADEMARKS REMAIN WITH THEIR RESPECTIVE COMPANIES.

 

Communications Services

 

  1. User Content

Krueger’s Collectibles may permit registered users to post content on or through the Services, including comments, reviews, photos, videos, and other materials (“User Content”). You understand and agree that Krueger’s Collectibles does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Services that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Krueger’s Collectibles arising from or relating to User Content.

If you choose to post User Content, please be aware that your User Content will be available to the public. You should therefore only post User Content you are comfortable sharing under these Terms.

You are solely responsible for your User Content and the consequences of posting your User Content to the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post or submit and to grant Krueger’s Collectibles the licenses and rights set forth in these Terms.

You retain all rights in and to the User Content you post or submit to the Services. However, by posting or submitting User Content, you hereby grant Krueger’s Collectibles a perpetual, nonexclusive, royalty-free, transferable, sublicensable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Services and Krueger’s Collectibles’ business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Services (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.

You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and Services of Krueger’s Collectibles or any other company or product that is addressed in your User Content.

 

  1. Prohibited Uses

As a condition of use, you promise not to use the Services, specifically product reviews (“Communication Services”), for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by Krueger’s Collectibles. Including the following, but not limited to, you agree not to use the Services or the Communication Services for any of the following purposes:

 

  1. To abuse, harass, threaten, impersonate or intimidate any person;

  2. To violate these Terms;

  3. To circumvent the Services as provided by Krueger’s Collectibles or receive Krueger’s Collectibles trade secret or other confidential information;

  4. To breach any other agreements you enter into with third parties;

  5. To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;

  6. For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Services;

  7. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Services;

  8. To create or transmit unwanted ‘spam’ to any person or any URL;

  9. To post copyrighted content that does not belong to you;

  10. You agree not to use any robot, spider, scraper or other automated means to access or use the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures we may use to prevent or restrict Services access;

  11. To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or

  12. To advocate encourage, or assist any third-party in doing any of the foregoing

 

Krueger’s Collectibles takes no responsibility and assumes no liability for anything posted through the Communication Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. To report a suspected abuse of the Services or a breach of the Terms please send written notice to Krueger’s Collectibles by email to: Brian@kruegerscollectibles.com.

III.      USE OF COMMUNICATION SERVICES

Krueger’s Collectibles has no obligation to monitor the Communication Services. However, Krueger’s Collectibles reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Krueger’s Collectibles reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Krueger’s Collectibles reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Krueger’s Collectibles' sole discretion.

Krueger’s Collectibles does not control or endorse the content or information found in any Communication Service and, therefore, Krueger’s Collectibles specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Users are not authorized Krueger’s Collectibles spokespersons, and their views do not necessarily reflect those of Krueger’s Collectibles.

IV.       NOTICE AND TAKEDOWN

If you believe your copyright-protected work was posted on Krueger’s Collectibles without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Krueger’s Collectibles of alleged copyright infringement is via e-mail at: Brian@kruegerscollectibles.com.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests

  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located

  • Your address, telephone number, and email address

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

 

Errors and Inaccuracies

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the website is accurate, complete, current, or error-free. All colors, weights and size dimensions are approximate. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Krueger’s Collectibles makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.

We may make changes in information about price and availability without notice. The price displayed on the Site may differ from the price for the same item sold on other third party platforms. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Krueger’s Collectibles shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Krueger’s Collectibles shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Krueger’s Collectibles shall immediately issue a credit to your credit card account in the amount of the charge.

 

Return and Exchange Policy

 

Due to the unique nature of the products sold through the Site, we have a general NO REFUND AND NO EXCHANGE POLICY. However, if an incorrect product is received, please notify us immediately so we may correct this issue.
 

 

Product Availability

Although availability may be indicated on our Site, we cannot guarantee product availability. We reserve the right, without liability or prior notice, to revise, discontinue or cease to make available any or all items offered for sale.

 

 

Accuracy of Billing Information

If you choose to make a purchase through the Site, you will need to provide us with your name, payment information, billing address and email. You agree that the information you provide to us at all times through the Site will be true, accurate, current, and complete. You agree to promptly update any outdated information on the Site. You shall be solely responsible for any and all purchases on the Site using your personal and/or billing information. Krueger’s Collectibles reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services. In no event and under no circumstances shall Krueger’s Collectibles be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services or your release of personal information to a third party.

 

Disclaimers And Limitation Of Liability

 

THE SITE, THE SERVICES, ANY PRODUCTS SOLD THROUGH THE SITE AND ALL CONTENT ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRUEGER’S COLLECTIBLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, KRUEGER’S COLLECTIBLES MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE PRODUCTS OR SERVICES THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE OR PRODUCTS WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY SITE. KRUEGER’S COLLECTIBLES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

IN NO EVENT WILL KRUEGER’S COLLECTIBLES, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “KRUEGER’S COLLECTIBLES” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

You will defend, indemnify, and hold Krueger’s Collectibles including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and participation in the Services, including: (1) your breach of these Terms or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Site or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your use and sale of any products purchased through the Site; and (4) any other activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Links To Third Party Websites

The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Additionally, Krueger’s Collectibles may provide other third-party content on the Site (collectively the “Third-Party Content”). Krueger’s Collectibles does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Site.

Termination

To the fullest extent permitted by applicable law, Krueger’s Collectibles reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site or our Services, including where we reasonably consider that: (a) your use of the Site or Services violates these Terms, our Privacy Policy or applicable law; (b) you fraudulently use or misuse the Site or Services; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of Krueger’s Collectibles in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.

 

Force Majeure

In case of force majeure, we are not obligated to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, any Act of God, epidemic, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, disruption of energy supplies, shipping delays or issues, or telecommunication networks or communication systems and/or the temporary down-time of the Site, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.

Waiver

Failure of Krueger’s Collectibles to insist upon strict performance of any provision of these Terms or the Privacy Policy or the failure of Krueger’s Collectibles to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Terms. No waiver of any of the provisions of these Terms or the Privacy Policy shall be effective unless it is expressly stated to be such and signed by both parties.

Geographical Use

Although this Site may be accessible worldwide, our products are not available for purchase in locations outside the United States of America. Furthermore, we make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Governing Law And Jurisdiction

These Terms, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in San Bernardino County, California for any and all issues arising out of the Terms or any related documents or transactions. Notwithstanding the foregoing, either party may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding such party’s intellectual property rights

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These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Krueger’s Collectibles without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Entire Agreement

These Terms together with the Privacy Policy, is the entire agreement between you and Krueger’s Collectibles relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms made by Krueger’s Collectibles as set forth above. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Agreement Shall Be Binding

These Terms shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].

Electronic Signature

 

By selecting the “I Accept” button, you are agreeing to sign these Terms of Use electronically. You agree your electronic signature is the legal equivalent of its manual signature on these Terms of Use. By selecting “I Accept” you consent to be legally bound by these Terms’ terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Krueger’s Collectibles instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (herein after referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting these Terms of Use between Krueger’s Collectibles and yourself.

Arbitration

In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to this Agreement, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.

Mandatory Binding Arbitration. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both You and Krueger’s Collectibles may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where you live, San Bernardino, California, or any other location you and Krueger’s Collectibles mutually agreed upon in writing.

CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. CUSTOMER AGREES THAT, BY ENTERING INTO THESE TERMS, CUSTOMER AND Krueger’s Collectibles ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.

In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Krueger’s Collectibles, you will be responsible for paying a $250 consumer filing fee. Krueger’s Collectibles will pay for reasonable arbitration fees where: (a) the claim for damages does not exceed $10,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b).

Contact Information

Questions about the Terms of Service should be sent to us at below:

Krueger’s Collectibles, LLC

Brian@kruegerscollectibles.com

11606 Santiago Peak Court Rancho Cucamonga, CA  91737

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