Terms of Service

Elite Poke Tribe LLC (doing business as XPcollect)

Effective Date: 6/30/2026 · Last Updated: 6/30/2026

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Elite Poke Tribe LLC, doing business as XPcollect (“XPcollect,” “we,” “us,” or “our”). They govern your access to and use of our websites, including www.xpcollect.com and XPro.xpcollect.com, our online store, our membership and subscription programs (including the ElitePokeBox and XPromemberships), our drops and queue-based purchasing, our live streams, and any related services (collectively, the “Services”).

By creating an account, placing an order, subscribing to a membership, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account, make a purchase, or hold a subscription. By using the Services you represent that you meet this requirement and that the information you provide is accurate and complete.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to keep your contact, billing, and shipping information current so that we can process orders, deliver memberships, and send required notices (including notices of changes to these Terms or to a subscription).
• We may suspend or terminate accounts that violate these Terms, that we reasonably believe are engaged in fraud or abuse, or as otherwise described in Section 13.

3. Products, Pricing, and Availability

We sell sealed and collectible trading-card products and related merchandise. We make reasonable efforts to describe and price products accurately, but we do not warrant that product descriptions, images, pricing, or other content are complete, current, or error-free.

• All prices are in U.S. dollars and are subject to change at any time before you place an order.
• Product availability is limited and is not guaranteed until an order is accepted and payment is captured. We may limit quantities per customer, per household, or per order.
• We reserve the right to correct errors, refuse or cancel any order (including after an order is placed), and to refund amounts charged for a cancelled order. If we cancel an order after payment, your sole remedy is a refund of amounts paid for the cancelled items.

4. Drops, Queues, and Live Sales

Certain products are sold through timed drops, first-come-first-served queues with limited shopping time, and live-stream sales. By participating you agree that:

• Placement in a queue, admission to a shopping session, and the ability to complete a purchase are not guaranteed and may end when inventory is exhausted or your shopping time expires.
• We may set and enforce per-customer purchase limits, membership or verification prerequisites, and anti-bot, anti-fraud, and fairness measures, and we may disqualify entries or cancel a drop at our discretion.
• Adding an item to a cart or reserving inventory does not guarantee a completed sale; inventory is confirmed only when checkout is completed.

5. Memberships and Subscriptions (ElitePokeBox and XPro)

We offer paid, recurring memberships, including the ElitePokeBox and XProprograms (each a “Subscription”). The specific benefits, price, and billing interval for each Subscription are described at the point of sale and form part of these Terms when you subscribe. Subscription benefits may include member pricing or per-product discounts, early or priority access to drops, curated boxes or product allocations, and other perks that we may offer or modify from time to time.

5.1 Billing and Automatic Renewal

• Recurring billing. Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) using the payment method on file, through our third-party payment processor.
• Automatic renewal. Your Subscription automatically renews at the end of each billing period at the then-current price until you cancel. By subscribing, you authorize us and our payment processor to charge your payment method for each renewal until cancellation.
• Failed payments. If a payment fails, we may retry the charge and may suspend or downgrade Subscription benefits during any grace period. If payment is not resolved, the Subscription may be cancelled.
• Taxes. Prices may be exclusive of applicable taxes, which will be added where required.

5.2 Cancellation

You may cancel a Subscription at any time through your account or billing portal, or by contacting us. Cancellation stops future renewals; it takes effect at the end of the current paid billing period, and you retain access to Subscription benefits until that period ends. Except where required by law or expressly stated at the point of sale, payments already made are non-refundable and we do not provide partial-period refunds.

5.3 Changes to Subscriptions, Pricing, and Benefits

The trading-card market and our supply, costs, and product mix change frequently. To keep our memberships sustainable, we reserve the right, at our discretion, to modify Subscriptions in response to market conditions and business needs, including to:

• change the recurring price of a Subscription (increase or decrease);
• add, change, substitute, reduce, or discontinue membership benefits, perks, discount percentages, product allocations, or the contents, value, or frequency of any curated box such as the ElitePokeBox;
• change billing intervals, membership tiers, or the terms and structure of a Subscription; and
• introduce, retire, or rename membership programs.

Advance notice. For any material change to a Subscription that is adverse to you — including a price increase or a material reduction of benefits for an existing Subscription — we will provide at least fourteen (14) days’ advance notice before the change takes effect. We will provide this notice by email to the address associated with your account and/or by a notice within the Services. The notice will describe the change and its effective date.

Your choices. A change of price or benefits takes effect on your next billing period on or after the stated effective date. If you do not agree to a change, you may cancel your Subscription before the change takes effect as described in Section 5.2; cancellation before the effective date means the change will not apply to you. Your continued use of the Subscription, or your next renewal payment, after the effective date constitutes your acceptance of the change. Changes that are neutral or beneficial to you, or that are required by law, may take effect without the 14-day notice period.

Nothing in this Section limits our right to correct pricing errors or to cancel or suspend a Subscription for non-payment, fraud, abuse, or violation of these Terms.

6. Orders, Payment, and Fraud Prevention

When you place an order or subscribe, you authorize us and our payment processor to charge your payment method for the total amount, including products, shipping, and applicable taxes. You represent that you are authorized to use the payment method provided. We use fraud- and risk-screening measures and may hold, verify, refuse, or cancel orders and Subscriptions that we reasonably believe are unauthorized, fraudulent, or in violation of these Terms.

7. Shipping, Risk of Loss, and Returns

• Shipping. We ship to addresses within the United States unless otherwise stated. Delivery times are estimates and are not guaranteed.
• Risk of loss. Risk of loss and title for products pass to you upon our delivery of the products to the carrier.
• Returns. Returns, exchanges, and refunds are handled in accordance with the return policy presented at purchase or otherwise made available by us. Certain items, including sealed collectibles, may be non-returnable except where required by law or where an item arrives damaged or incorrect.

8. Acceptable Use

You agree not to:

• use bots, scripts, automation, or other unfair means to purchase products, join queues, or circumvent purchase limits or fairness controls;
• resell, transfer, or share membership benefits except as expressly permitted, or create multiple or fraudulent accounts;
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services, other users’ accounts, or our systems;
• post unlawful, abusive, harassing, or infringing content in chats, reviews, or live streams; or
• use the Services in violation of any applicable law or regulation.

9. Intellectual Property

The Services and their content — including text, graphics, logos, images, software, and the XPcollect, ElitePokeBox, and XPro names and branding — are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms. All third-party trademarks, including those of trading-card publishers, belong to their respective owners; we are not affiliated with or endorsed by them unless expressly stated.

10. Disclaimers

The Services and all products are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any drop, queue, membership benefit, or product will be available at any given time.

11. Limitation of Liability

To the fullest extent permitted by law, XPcollect and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of or inability to use the Services. Our total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid to us for the products or Subscription giving rise to the claim in the twelve (12) months before the event, or (b) fifty U.S. dollars ($50). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless XPcollect and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Suspension and Termination

We may suspend or terminate your access to the Services or any Subscription, with or without notice, if you violate these Terms, if we are required to do so by law, or to protect the Services, our customers, or others. You may stop using the Services at any time and may cancel a Subscription as described in Section 5.2. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute-resolution terms — will survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Services that is not otherwise resolved will be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to venue and personal jurisdiction there. Nothing in this Section limits either party’s ability to seek relief in small-claims court where available.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the “Last Updated” date above and, where required, provide additional notice. Changes to Subscription pricing or benefits are additionally governed by the advance-notice commitment in Section 5.3. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

16. Contact Us

Questions about these Terms? Contact us: