Last modified: August 1, 2022

These Terms of Use are entered into by and between you and The United States Playing Card Company (“USPC,” “we” and “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Agreement”), govern your access to and use of the Bicyclecards.com website and services offered through the website (the website and such services are, collectively, the “Services”).

By using the Services, including by making purchases, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, as well as other Terms presented at the time of purchase. Our Privacy Policy is incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, you must not access or use the Services. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, successors and assigns.

As used in these Terms of Use:

We may revise and update these Terms of Use from time to time in our sole discretion. If we make material modifications to these Terms of Use including modifications to the Section below entitled “Dispute Resolution and Binding Arbitration”, we will attempt to notify you in advance, such as by email or by posting a notice on the Services. Unless we state otherwise, if you continue to use the Services after such notification, these Terms of Use as modified will apply to you. If you do not agree with any modification to these Terms of Use, your sole and exclusive remedy will be to discontinue use of the Services.

To the extent USPC or our Suppliers adopt and publish additional terms, rules or policies for the Services or any Content, you accept and agree to be bound by such additional terms, rules, and policies, as applicable to your use of the Services or Content, in addition to these Terms of Use. For example, from time to time, USPC or our Suppliers may conduct sweepstakes, contests, giveaways, and other promotions on or through the Services, and participation in such sweepstakes, contests, giveaways, or other promotions will be subject to their official rules (as prescribed by USPC or our Suppliers) in addition to these Terms of Use.

By signing up for the Services, you consent to receiving electronic communications from us that are related to your use of the Services. These electronic communications may include emails and, if applicable, notifications posted to your account on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email or posting to your account satisfy any legal requirement that the same be in writing.

By registering an account on the Services, you represent and warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any other user you allow to access your account, and any misconduct by you or any such user may result in immediate suspension or termination of your account in our sole discretion.

We reserve the right to modify or discontinue any or all of the Services or any Content at any time in our sole discretion, with or without notice. We will not be liable to you or to any other user, if for any reason any or all of the Services or any Content becomes unavailable at any time or in any location. If you register an account on the Services, we reserve the right to suspend or terminate your account, if we determine (in our sole judgment) that you are in violation of these Terms of Use or any applicable law, or that your use of the Services may expose USPC or any of our affiliates or Suppliers to liability of any kind or may adversely affect the brand or reputation of us or our Suppliers.

You must adhere to the following guidelines when interacting with other users on the Services (including when communicating with other users via any text or audio chat functions that may be available on the Services):

If you violate the foregoing guidelines, we may immediately suspend or terminate your account in our sole discretion.

By using any text or audio chat functions that may be available on the Services to communicate with other users, you acknowledge and agree that USPC and our Suppliers reserve the rights (i) to monitor and moderate user communications and remove any communications that USPC or our Suppliers may deem (in our or their sole discretion) to be offensive, inappropriate, or otherwise violative of these Terms of Use and (ii) to record, log, and retain copies of user communications for product improvement, data research, and archival purposes. 

Please exercise utmost discretion and caution if you choose to reveal personal information that identifies you or another person in text or audio communications with other users.  Personal information revealed may be used by others in a way that is offensive or harmful to you or another person, or in a way that violates your or another person’s rights.  If you choose to reveal personal information to another user, you do so of your own volition and at your own risk, and you acknowledge and agree that USPC and our Suppliers will not be responsible or liable for other users’ use or misuse of information revealed by you, and you waive any and all claims against USPC or our Suppliers based upon or by reason of other users’ use or misuse of information revealed by you.

The Services may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Certain features of the Services may provide users with the ability to upload, post, display, transmit or distribute User Material. By using such features, you acknowledge and agree as follows:

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.

Our designated copyright agent to receive DMCA notices is:

Legal Department The United States Playing Card Company 300 Gap Way Erlanger, KY 41018 [email protected]

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

You must not:

By registering for the Services, you consent to receive communications from us, which may include calls and text messages to the cellular telephone number you provide to us. For example, we may text you with transactional alerts about your account. You may also sign up to receive marketing or promotional calls and text messages. Any text messages we send to you will be subject to our SMS Terms & Conditions. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE SERVICES AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SERVICES OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SERVICES AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME LOCATIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL USPC OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SERVICES OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF USPC OR ANY OF OUR AFFILIATES OR SUPPLIERS, AND ANY PERSON ASSOCIATED WITH ANY OF THEM, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO USPC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO OUR DECISION TO ENTER INTO THE AGREEMENT WITH YOU.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

We will only be liable in accordance with the statutory provisions for any damage caused intentionally or by gross negligence of our representatives or us. Our liability for slight negligence shall be limited to the amount of the foreseeable damages typical for this type of contract and shall only apply in case of a breach of a material contractual obligation. Material contractual obligations shall be obligations the fulfillment of which forms the basis for the proper performance of the agreement and on which you may rely on a general basis.

These limitations of liability shall not apply to the extent any guarantees have been given by us, in the event of culpably caused damage to a person's life, body or health or to claims under the Product Liability Act.

This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product.

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the Website.

This limited warranty does not cover any damages due to:

This limited warranty starts on the date of your purchase and lasts for the period noted in the warranty language contained in each individual product’s packaging or, if no such period is stated, for a period of ninety (90) days (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

To obtain warranty service, you must e-mail us at [email protected] during the Warranty Period. We reserve the right to reject warranty claims that we receive after the Warranty Period.

The dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Sale Terms.

You agree to release and forever discharge (to the fullest extent permitted by applicable law) USPC and our affiliates and Suppliers, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to: (i) your use of the Services or any Content; or (ii) User Material (whether yours or others).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH SECTION STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You further agree to indemnify and hold harmless USPC and our affiliates and Suppliers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any third-party claim (including all liabilities, damages, losses, costs and expenses associated therewith) arising out of or related to: (i) your use or misuse of the Services or any Content; (ii) your violation of these Terms of Use, or any applicable law; (iii) your User Material; or (iv) your violation of any third party’s rights.

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods, if applicable, shall not apply to these Terms of Use.

We are available to address any concerns you may have regarding the Services. We can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed (the “Dispute Notification”). The Dispute Notification must be sent, as applicable, to (a) the User’s email address on file with USPC, or (b) USPC at 300 Gap Way, Erlanger, KY 41018, Attn: Legal Department. The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq., and evidences a transaction involving commerce. Specifically, all claims arising out of or relating to these Terms of Use (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at +1-800-778-7879.) The United States Federal Arbitration Act will govern the interpretation and enforcement of this Section. If the dispute has a claimed value of not more than US $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 15 years’ experience as a practicing member of the bar in the substantive practice area related to the dispute. If the dispute has a claimed value of more than $250,000, or if USPC elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel. Each party will select one member and the third member (who will be chair of the panel) will be selected by the two party appointed members or by the AAA. Except as explicitly set forth in this Section, the arbitrator or panel will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator or panel will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator or panel will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for the parties. You and we agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You and we agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's or entity’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

The foregoing provisions of this Section will not apply to any legal action taken by USPC to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to its intellectual property rights, its products, or its services. You agree that such claims may be brought in the state or federal courts located in New Castle County, Delaware, and you waive any objection to jurisdiction and venue in such courts. Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email protected]. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, USPC also will not be bound by them.

USPC will provide 30 days’ notice of any changes affecting the substance of this Section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which USPC does not have actual notice are subject to the revised clause.

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

Either party may initiate binding arbitration as the sole means to resolve all disputes, subject to the terms in Section 20 above, as permitted by European or United Kingdom law, as applicable. Any controversy that arises or is related to these Terms of Use be submitted to the non-exclusive jurisdiction of the Courts of the place of your domicile. This remains without prejudice to any rights recognized by current consumer protection legislation.

In addition, in accordance with European law, you are informed that the European Commission's online dispute review platform is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are not obliged to participate in online dispute resolution.

Except where prohibited by applicable law, a dispute be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. 

The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms of Use. The arbitration shall be heard in the capital of the seat unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. 

All disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each Party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the dispute without recourse to the courts.

A party to these Terms of Use may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any Party to the arbitration shall be disclosed to any non-party to the arbitration.

If you use the Services on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.

You agree not to export, re-export, or transfer, directly or indirectly, the Services, or any U.S. technical data acquired from the Services, or any products utilizing such data, in violation of applicable export laws or regulations.  You represent and warrant that you are buying products or subscriptions from the Website for your own personal or household use only, and not primarily for resale or export. By accessing the Services, you represent and warrant that: (i) you are not located in, and you are not a national or resident of, Burma (Myanmar), Cuba, Iran, North Korea, Sudan, or Syria; (ii) you are not located in, and you are not a national or resident of, a country that is subject to a (United States) embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any (United States) government list of prohibited or restricted parties. You are not allowed to use the Services if we identify your IP address or address of residence or use of the Services as originating from any such country or if we have reason to believe that you are listed on any United States government list of prohibited or restricted parties.

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and USPC concerning the use of the Services and Content. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any provision of these Terms of Use that by its nature survives the termination of these Terms of Use shall survive such termination. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

All notices of copyright infringement claims should be sent to the copyright agent designated above in the section entitled “Copyright Infringement Policy” in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

Or

The United States Playing Card Company Attn: Customer Service 300 Gap Way Erlanger, Kentucky 41018 U.S.A.