XPcollect

Terms of Service

Elite Poke Tribe LLC (doing business as XPcollect)

Effective Date: 10/24/2026 · Last Updated: 10/24/2026


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 XPro memberships), our drops and queue-based purchasing, our live streams, XP Pack Battles (Section 8), the XP Vault card-custody service (Section 9), 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 15.

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.
  • Some products, prices, drops, and benefits are offered only to members of a particular Subscription tier, or only to members who have maintained a continuous, uninterrupted Subscription for a stated length of time, and some products may carry different prices depending on the length of a member’s uninterrupted Subscription. Section 5.4 explains how we measure this.
  • 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, membership-tenure, 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.

XP Pack Battles are a separate format with their own rules, set out in Section 8.

5. Memberships and Subscriptions (ElitePokeBox and XPro)

We offer paid, recurring memberships, including the ElitePokeBox and XPro programs (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, benefits that depend on how long you have kept a continuous Subscription (Section 5.4), 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.

5.4 Continuous Membership: Tenure-Based Eligibility and Pricing

Some of what we offer is reserved for members who stay with us. We may make certain products, drops, product allocations, prices, discounts, perks, or other benefits (together, “Tenure-Based Offers”) available only to members who have maintained a continuous, uninterrupted Subscription, or who have maintained one for a stated minimum length of time, and we may offer the same product at different prices depending on the length of a member’s uninterrupted Subscription. The following rules apply to every Tenure-Based Offer unless the offer itself says otherwise.

  • What “continuous” means. A Subscription is continuous only while it has remained active and paid, without a break, since it began. Any pause, cancellation, lapse, expiration, non-payment, refund or chargeback of a Subscription payment, downgrade to a tier that the offer does not cover, suspension or termination under these Terms, or any other interruption, for any reason and whether or not the reason was within your control, ends the continuous period.
  • Tenure. Your tenure is the length of your current continuous Subscription, measured from the first day of the uninterrupted period in which you are currently subscribed, as recorded in our subscription records. Tenure earned before an interruption is not restored when you subscribe again: a new Subscription starts a new tenure from the day it begins, even if the gap was brief and even if the interruption was caused by a failed payment, an expired card, or something else outside your control. We may, in our discretion, treat a failed payment that is cured within any grace period we allow as not breaking continuity, but we are not obliged to.
  • Cancellation. If you cancel, your continuous period ends when the cancellation takes effect at the end of the paid billing period (Section 5.2). Although your other Subscription benefits continue until then, we may treat a Subscription that is set to cancel as no longer continuous from the moment you request cancellation, and may withhold Tenure-Based Offers accordingly unless you reverse the cancellation before the period ends.
  • Tiers. Where a Tenure-Based Offer requires tenure in a particular tier, time spent in a different tier does not count unless the offer says so. Moving directly from one paid tier to another, without a gap, does not by itself interrupt your Subscription.
  • Complimentary, promotional, trial, and gifted memberships. Unless the offer says otherwise, time spent on a complimentary, promotional, trial, or gifted membership does not count toward tenure, and such memberships do not qualify for Tenure-Based Offers.
  • Tenure-based pricing. Where a product carries different prices based on tenure, the price shown to you while signed in reflects your tenure at that moment, and the price charged is the price in effect for your tenure when you complete checkout. Prices listed for a tenure you have not yet reached are informational only. We do not retroactively adjust a completed purchase to a price that became available to you later, and a refund, exchange, or replacement does not entitle you to a different tenure price.
  • Our records control. Eligibility, tenure, and tenure-based prices are determined from our subscription records (including our payment processor’s records) at the time you attempt the purchase or claim the benefit, and those records control. If you believe our records are wrong, contact us (Section 18) and we will correct any demonstrated error going forward.
  • Personal to your account. Tenure, eligibility, and tenure-based pricing belong to the account that earned them. They cannot be transferred, combined across accounts, assigned, sold, or shared, and we may cancel a Tenure-Based Offer that we reasonably believe was obtained on another person’s behalf or for resale.
  • Discretionary extras. Tenure-Based Offers are extras we choose to make available; they are not part of the paid benefits of your Subscription unless expressly described as such at the point of sale. We decide which products, drops, and prices (if any) are Tenure-Based Offers, the tenure they require, their quantities, and how long they last, and we may introduce, change, or withdraw them at any time without the advance notice in Section 5.3. Tenure-Based Offers are subject to the availability, purchase-limit, and order-cancellation rules in Sections 3 and 4, and nothing in this Section guarantees that any Tenure-Based Offer will be made, repeated, or remain available, or that you will be able to buy it.

The simplest way to stay eligible is to keep your Subscription active and your payment method current: cancelling and later re-subscribing, or letting a payment lapse, starts your tenure over.

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.
  • Vaulted Cards. Cards held for you in the XP Vault are governed by Section 9, which sets the custody, risk-of-loss, and shipping rules for those cards while they are in our care and when they ship.

8. XP Pack Battles

An XP Pack Battle (a “Battle”) is a purchase of one seat in a bracket of a fixed number of players, where a pool of individual trading cards that we have selected is dealt out to the players round by round. Every player receives and keeps the cards dealt to their seat, whether or not they advance, and the cards go to the player’s XP Vault (Section 9). This Section 8 governs every Battle. The rules of a particular Battle (its number of seats, seat price, the pool and each card’s recorded value, the fill deadline, and any sell-back terms) are shown on its page before you buy and are fixed when the Battle is created; they form part of these Terms for that Battle.

8.1 How a Battle Works

  • Seats and pool. A Battle has a fixed number of seats (8, 16, 32, 64, or 128) and a pool of cards numbering two fewer than twice the seats. We sort the pool into rounds by each card’s recorded value, lowest first: the first round holds the lowest-valued cards, and the final holds the two highest-valued cards, which always differ in value.
  • The bracket. Once every seat is sold and paid, players are seated at random in a single-elimination bracket. In each round, every remaining player is dealt one card from that round’s cards. The player whose card has the higher recorded value advances; a tie in recorded value is broken by a random coin flip. The player who wins the final is the champion.
  • Every seat receives cards. You keep every card dealt to your seat. A seat eliminated in the first round receives one card; the champion receives one card from every round. Which cards are dealt to which seat, and the order of matchups, are the only elements decided by chance.
  • Seat price. The seat price is the pool’s total recorded value plus our margin, divided by the number of seats and rounded up to the whole dollar. The price, the pool, and every card’s recorded value are shown before you buy. The seat price is not a prediction of the value you will receive: the cards dealt to a seat range from a single first-round card to the full set the champion receives, and recorded values are informational, as described in Section 9.3.
  • The show. The result is presented as a pack-opening show that plays for everyone at the same time. The show is a presentation of a result that was already determined when the Battle ran (Section 8.2); it is not a game played in real time, and you do not need to watch it to receive your cards. Technical problems with the show, a stream, or your connection do not change the result.

8.2 Fairness and Verification

  • Commitment before sale. Before a Battle’s seats go on sale we generate a secret value and publish its cryptographic fingerprint on the Battle’s page.
  • Public randomness after the fill. When the last seat is paid, the first round of the drand public randomness beacon published after that moment is combined with the secret to produce the Battle’s seed. Every seating and dealing decision, and every coin flip, is derived from that seed by a fixed, published procedure. Neither we nor any player can choose or change the outcome after the commitment, and our staff cannot influence which cards are dealt to whom.
  • Verification. After a Battle runs we reveal the secret, the beacon round, and the seed on the Battle’s audit page, which re-runs the Battle from those inputs, shows each check, and offers the data for download so that anyone can verify the result independently.
  • When the Battle runs. A Battle runs automatically a short time after the last seat is paid, or at the scheduled show time for a streamed Battle (Section 8.6). If the beacon is unavailable, a seat’s payment has not completed, or a verification check fails, we delay the run until the problem is resolved; if it cannot be resolved, we call off the Battle and refund everyone under Section 8.4.
  • No odds. Every seat has the same chance of each bracket position. We make no promise about which cards, or what value, a seat will receive.

8.3 Buying a Seat

  • Eligibility. You must meet the account requirements of Section 2 and our verification requirements, and you must have a United States shipping address on your account. Battles are offered only where lawful and are void where prohibited; you are responsible for determining that you may participate where you live.
  • One seat per person. You may hold one seat per Battle. Buying seats through more than one account, or with bots or other automation, violates these Terms (see Section 8.4).
  • Authorization, not a charge. When you buy a seat with a card, we place an authorization hold for the seat price plus any applicable sales tax. The hold is captured, and your card charged, only when the Battle’s last seat is paid. If you use store credit for all or part of a seat, that credit is reserved from your balance when you buy and spent at the same moment the Battle fills. Store credit is a discount and is not taxed; sales tax applies to the card-paid part of a seat and is based on your shipping address.
  • Leaving before the fill. Until the Battle fills you may give up your seat from the Battle page. The authorization is released and any reserved store credit is restored; your bank may take several days to remove a released hold from your statement. An unfinished checkout holds a seat only for a limited time before it expires.
  • Fill deadline. Each Battle must sell every seat by its fill deadline. If it does not, the Battle is called off, every authorization is released, every reservation of store credit is restored, and nobody is charged.
  • Final sale. Once the last seat is paid, seats are final. They cannot be refunded, exchanged, or transferred to another person or account, except as provided in Section 8.4.

8.4 Call-Offs, Refunds, and Violations

  • Before the Battle runs. We may call off a Battle at any time before it runs. If the Battle had not filled, nothing was charged and holds and reservations are released. If the Battle had filled and seats were charged, every player receives a full refund of everything paid for the seat: card payments are refunded to the card, including sales tax, and store credit is restored to your balance. The reason is shown on the Battle page and emailed to you. We will call off a filled Battle if any seat’s payment cannot be completed, if the fairness checks in Section 8.2 cannot be satisfied, or where we must for legal, fraud-prevention, or operational reasons.
  • After the Battle runs. No refunds are available once a Battle has run, because the cards dealt to your seat have been delivered to your Vault. The Vault’s rules then apply, including any sell-back offer (Section 9.4).
  • Violations. If we determine that a seat was bought in violation of these Terms (for example through multiple accounts, automation, a stolen payment method, or fraud), we may cancel it. Before the run, the seat is refunded or its hold released. After the run, the seat is treated as cancelled: the seat price is refunded, title to the cards dealt to that seat returns to us and they are removed from your Vault, and any store credit issued for selling those cards back is cancelled. We may also suspend the account under Section 15.

8.5 Your Cards After a Battle

The cards dealt to your seat are recorded to your XP Vault when the Battle runs and appear in your account once the show has finished playing. From then on Section 9 governs them: sell-back for eligible rounds within the Battle’s window (Section 9.4), shipping to you (Section 9.5), their recorded values (Section 9.3), and any taxes (Section 9.10). Nothing is shipped automatically; your cards wait in the Vault until you ask for them.

8.6 Streamed Battles, Chat, and Public Information

  • Streamed Battles. Some Battles are presented on a live stream at a scheduled show time shown on the Battle page. The host may start the show once every seat is paid. The result is fixed by the beacon round after the fill (Section 8.2) whichever time the show plays. Stream availability is not guaranteed, and the show can be watched again afterwards.
  • Public information. Your public name (your username, or “Player N” if you have none), your bracket position, the cards dealt to you, and whether you are the champion are displayed publicly on the Battle page, in the show, and in the audit record, which anyone may download. Your email address and payment details are never shown. By buying a seat you agree to this display, which is also described in our Privacy Policy.
  • Chat. Battle pages include a live chat. Posting requires an account, and Section 10 applies. We may remove messages, rate-limit posting, and mute or remove participants at our discretion. Staff and hosts are marked as such.
  • Recordings. We may record, replay, and publish streams and shows, including the public information above.

9. XP Vault: Card Custody, Sell-Back, and Shipping

The XP Vault is a custody service through which we store, on your behalf, individual trading cards that you acquire through the Services — today, cards you win in an XP Pack Battle — until you ask us to ship them to you or sell them back to us. This Section 9 applies to every card held in the XP Vault for you (each a Vaulted Card) and is in addition to the rest of these Terms. Section 9.2 sets out the custody agreement that forms between you and us for each card at the moment you become its owner. Where this Section conflicts with another provision of these Terms as applied to a Vaulted Card, this Section controls.

9.1 How the Vault Works

  • One record per card. Each Vaulted Card is assigned a unique XPcollect serial number and a record describing the card (name, set, collector number, printing, language, and our condition assessment or, for a graded card, the grading company and grade). We may affix a label bearing the serial number to the card’s protective sleeve or holder. The serial number is our internal inventory identifier only; it is not a certificate of authenticity, a grade, or an appraisal.
  • Your cards stay put. Vaulted Cards are stored in our secure facility and are not handled, moved, or shipped except to fill your shipping request, to return a card you sold back to our stock, or as otherwise described in this Section. Winning a card, selling it back, or placing it in a shipping request changes the card’s record, not its physical location, until a shipment is packed. We may move cards within our facility or to another secure facility we control, and we may re-sleeve or re-holder a card to protect it.
  • No physical access. The XP Vault is not a safe deposit box. You cannot visit the facility, inspect a Vaulted Card in person, or direct how it is stored. Your Vault is visible only to you and to our authorized staff.
  • When a card appears. A card you win in a Pack Battle is recorded to your Vault when the battle’s result is determined and becomes visible in your account once that battle’s show has finished playing, so that results are not revealed early.

9.2 Ownership and the Custody Agreement

This Section 9.2 is the agreement under which we hold your cards. It takes effect for each card at the moment described below and is intended to follow the practices of established collectibles vaults.

  • When ownership begins. A card becomes a Vaulted Card, and yours, at the moment we record it to your Vault. For a Pack Battle, that is when the Battle runs and the card dealt to your seat is recorded to your account (Section 8.5). Title passes to you at that moment, free of any interest of ours except as stated in this Section, and from that moment we hold the card for you as custodian. Recording the card to your Vault is delivery: it completes our obligation to deliver the card you acquired, even though the card remains in our possession, and you do not need to receive the card physically in order to own it.
  • The agreement that forms. At that moment a custody agreement on the terms of this Section 9 forms between you and Elite Poke Tribe LLC for that card. It is a bailment for the mutual benefit of you and us: you own the card, we hold it for you, and you have the rights and duties of a bailor and we those of a bailee. We are not a bank, trust company, broker, dealer, or fiduciary with respect to your cards, and this agreement creates no trust, partnership, or agency relationship beyond our carrying out the instructions you give under this Section.
  • Allocated, identified custody. Your cards are held on an allocated, individually identified basis. Each Vaulted Card is serialized and filed at a recorded location, and your Vault shows which specific cards are yours. We do not hold cards on a pooled or fungible basis, and we will never substitute a different copy of the same card for yours except as a remedy you accept under Section 9.6 or 9.7.
  • No use of your property. We will not sell, lend, lease, pledge, hypothecate, rehypothecate, encumber, or otherwise use a Vaulted Card, and we acquire no ownership interest, lien, or security interest in it other than the limited right to retain a card for unpaid charges described under “Charges” below. Vaulted Cards are not our inventory, are not available to our creditors, and remain your property in any insolvency, receivership, assignment for the benefit of creditors, or similar proceeding involving us.
  • Not a document of title. Your Vault record, the serial number, and any label are inventory records that identify your card. They are not a warehouse receipt, document of title, security, investment contract, or negotiable instrument, they confer no rights on anyone other than you, and they cannot be transferred, endorsed, or pledged. Vaulted Cards and Vault records are personal to your account: you may not sell, transfer, assign, gift, or pledge a Vaulted Card, or the right to have it shipped, to any other person or account while the card remains in the Vault, and we do not transfer Vaulted Cards between accounts. We do not offer a marketplace, trading, or consignment service for Vaulted Cards, the XP Vault is not a deposit account or an investment product, and nothing in the Services is investment advice.
  • Standard of care. We will store Vaulted Cards in access-restricted storage, in protective sleeves or holders, under conditions reasonably suited to trading cards, and will handle them only as needed to provide the services in this Section. We will exercise at least the degree of care we use for our own inventory of comparable value, and in no event less than reasonable care. Our responsibility if a card is nonetheless lost or damaged is set out in Section 9.7. We may insure cards in our custody; any such insurance is for our benefit in meeting those obligations, gives you no rights against an insurer, and does not expand our liability.
  • Your representations. Each time a card is recorded to your Vault you represent and agree that you are the account holder and meet the requirements of Section 2; that you hold the card for yourself and not for or on behalf of any other person; that no other person has, and you will not grant anyone, an ownership interest, lien, or security interest in the card while it is in the Vault; that you will keep your email and shipping address current; and that you are responsible for keeping your account secure.
  • Instructions. We act on instructions about your cards only when they are given through your account or verified by us in a manner we consider reliable, and we may treat any instruction from your account as yours. We may delay or decline an instruction that we reasonably believe is unauthorized, fraudulent, or unlawful, and will tell you when we do unless the law prevents it. An instruction is final once we act on it: a sell-back when you confirm it (Section 9.4), and a shipment when its label is created (Section 9.5).
  • Our custodial rights. To care for your cards and keep accurate records we may inspect, verify, count, and photograph a Vaulted Card; re-sleeve or re-holder it; move it within our facility or to another secure facility we control; and correct its record. We accept into the Vault only cards acquired through the Services, and we may decline to act where acting would violate law or a court order.
  • Charges. Holding cards in the Vault is currently free, and any future fee is governed by Section 9.8. We may retain a card until charges that relate to it, such as shipping you have requested or a fee under Section 9.8, are paid. We will not sell or otherwise dispose of a Vaulted Card to satisfy an unpaid charge without at least thirty (30) days’ written notice to you and an opportunity to pay.
  • Successors; death or incapacity. If you die or become legally incapacitated, we will release your Vaulted Cards to the person legally entitled to them, such as your executor, administrator, or a court-appointed representative, after receiving documentation satisfactory to us and subject to shipping charges and applicable law. We may assign this custody agreement to a successor that acquires our business or our vault operations, on notice to you and on terms no less protective of you than this Section. You may not assign it.
  • Changes to these custody terms. We may update this Section 9. For a material change that is adverse to you, we will give at least thirty (30) days’ notice by email and within the Services before it takes effect, and you may ship or sell back your cards under the existing terms before that date. Continuing to hold cards in the Vault after the effective date is your acceptance of the change.
  • End of custody; survival. Our custody of a card ends when we deliver its shipment to the carrier (Section 9.5), when you sell it back to us (Section 9.4), when title returns to us under Section 8.4 or Section 9.9, or when we compensate you for it under Section 9.6 or 9.7. The provisions of this Section that by their nature should survive, including those on remedies, representations, and dispute resolution, survive the end of custody and the closure of your account.

9.3 Values Shown in Your Vault

Your Vault displays a value for each Vaulted Card. That value is for your information only. It is derived from third-party market-price data for the card’s printing and from our condition assessment, and it is fixed at the amount recorded when the card entered your Vault; we do not update it to track later market movement. It is not an appraisal, a guarantee of market value, an offer to buy, or a promise of what the card would sell for. Trading-card prices change constantly and can fall. We may correct a displayed value or card description if we discover an error, and we will notify you of a correction that changes a sell-back offer that is still open to you.

9.4 Sell-Back for Store Credit

For some Pack Battles we offer to buy back cards pulled in designated rounds in exchange for store credit. Where offered:

  • Eligibility and window. Only cards pulled in the rounds designated for that battle are eligible. The offer opens when the battle’s show has finished playing and closes 48 hours after the show’s start time, as shown on your winnings page. A card that is in a shipping request, has already shipped, or has already been sold back cannot be sold back.
  • Amount. The sell-back amount is the battle’s stated buy-back percentage multiplied by the card’s recorded value, rounded down to the cent, and is shown to you before you confirm. It is paid as store credit to your account when you confirm.
  • Final. A sell-back is final once you confirm it. Title to the card returns to us, the card leaves your Vault, and the sell-back cannot be reversed.
  • Store credit. Store credit has no cash value, is not transferable, may be used only for purchases through the Services, and cannot be redeemed for cash except where required by law. We may cancel store credit issued in error or obtained through fraud or a reversed payment.
  • No obligation. Outside a sell-back offer, we have no obligation to purchase a Vaulted Card from you, and we may change or withdraw sell-back terms for future battles at any time.

9.5 Shipping Your Cards

You may ask us to ship any Vaulted Card to you at any time, subject to the following:

  • Request and quote. You select the cards and a shipping address saved to your account, and we show you live shipping options and prices for that shipment. Prices are obtained from carriers at the time of your request and may change; if a price has risen by more than a small tolerance between the quote and your confirmation, we will ask you to choose again rather than charge the new amount.
  • Payment. You pay the shipping charge for each shipment. Shipping may be paid with store credit, where you choose to use it and your balance covers the full charge, or by card through our payment processor. Sales tax applies to shipping charges where required by law; shipping paid wholly with store credit is treated as a discount and is not taxed. Nothing ships, and nothing is charged, until payment is completed.
  • Cards set aside. From the moment you request a shipment, the selected cards are set aside: they cannot be included in another request or sold back. You may cancel an unpaid request at any time, and an unpaid request is cancelled automatically after about 45 minutes, after which the cards return to your Vault. Once payment is completed, the request becomes an order and cannot be cancelled through your account; contact us promptly if you need to change it before it ships.
  • Addresses and destinations. We ship Vaulted Cards only to addresses within the United States. You are responsible for the accuracy of the address you select. A shipment returned to us because of an incorrect or undeliverable address will be returned to your Vault, and a new shipping charge applies to resend it.
  • Packaging and carrier. We choose protective packaging appropriate to the cards. The shipment travels by the carrier service you selected from those we offer. Shipping prices shown do not include additional insurance or a signature requirement; if you want either, contact us before paying for shipping, and additional charges may apply. Delivery times are estimates.
  • Risk of loss. A card leaves your Vault when its shipping label is created, and we will email you the tracking number. Consistent with Section 7, risk of loss passes to you when we deliver the shipment to the carrier. If a shipment is lost or damaged in transit, notify us within seven (7) days of the expected or actual delivery date and we will assist you with a carrier claim; any recovery is limited to what the carrier pays.

9.6 Condition, Descriptions, and Disputes

Condition descriptions for ungraded cards reflect our good-faith assessment at the time the card entered our stock. Grading is subjective, and reasonable people can differ. For a graded card, the grade is the grading company’s, not ours, and we make no representation about the accuracy of a third-party grade or the integrity of a holder beyond the fact that we received it in that form. Card images shown in your Vault may be stock or catalog images rather than photographs of your specific card.

If a card you receive is not the card described in your Vault record, or its condition is materially worse than described, contact us within seven (7) days after delivery with photographs. If we agree, we will, at our option, replace the card with one of the same identity and comparable condition, or compensate you for the card’s recorded value as store credit or, where the card was acquired with a cash payment, in the original form of payment up to the amount paid, with any balance in store credit. Minor variations within a stated condition, and claims made after that period, are not eligible.

9.7 Loss of or Damage to a Vaulted Card in Our Custody

We will exercise reasonable care in storing and handling Vaulted Cards, including serialized tracking of every card and secure storage. If a Vaulted Card is lost, stolen, destroyed, or damaged while in our custody, we will, at our option, replace it with a card of the same identity and comparable condition, or compensate you for the card’s market value. Market value means the price we determine in good faith for a card of that identity, printing, and condition from the same third-party market-price data we use to value cards in the Vault, as of the earlier of (a) the date you requested shipment of the card and (b) the date we determine that the card is lost, stolen, destroyed, or damaged. Compensation is paid as store credit or, for a card acquired with a cash payment, in the original form of payment up to the amount paid, with any balance in store credit. This is your sole and exclusive remedy for loss of or damage to a Vaulted Card in our custody, and our total liability for all Vaulted Cards you hold will not exceed the sum of their market values determined on that basis. Section 13 does not reduce this remedy. This Section does not create liability for loss caused by events beyond our reasonable control, such as fire, flood, or other natural events, except to the extent of any insurance proceeds we actually receive for your cards.

9.8 Fees, Limits, and Changes to the Vault

  • Fees. We do not currently charge a fee to hold cards in the XP Vault; you pay only for shipping. We may introduce or change storage or handling fees in the future on at least thirty (30) days’ notice by email and within the Services. A new or increased fee will not apply to a shipping request you complete before its effective date, and you may ship or sell back your cards before a fee takes effect.
  • Limits. We may set reasonable limits on the number or value of cards held in a Vault, on the number of cards per shipment, and on how often shipments may be requested.
  • Changes and discontinuation. We may change how the XP Vault works, and we may discontinue it. If we discontinue the XP Vault or close the facility, we will give you at least sixty (60) days’ notice to request shipment of your cards, and we will ship them to your address on file at no shipping charge to you.

9.9 Inactive Vaults, Account Closure, and Holds

  • No time limit. Vaulted Cards stay in your Vault for as long as you choose. There is no storage deadline, and we do not treat an inactive Vault as abandoned: your cards remain yours, in our custody, until you request shipment or sell them back. If your account shows no activity for an extended period, we will attempt to reach you at the email address on your account at least once within any seven (7) year period of inactivity, to confirm that your cards are still wanted and your contact details are current. Keeping your email address current is how we reach you. If a law ever requires us to treat long-unclaimed property differently, we will follow that law and, where we can, notify you first.
  • Account closure. If you close your account, or we terminate it under Section 15, your Vaulted Cards remain yours and remain in the Vault. Contact us to arrange shipment, paying the shipping charge in the usual way; if we terminated your account, we will still let you pay for and receive your cards.
  • Payment reversals and fraud. If a payment connected to a Vaulted Card — such as a Pack Battle seat — is charged back, reversed, or found to be fraudulent, we may place a hold on the cards acquired through that payment and suspend sell-back and shipping for them. If the reversal is not resolved in our favor within three (3) days, title to those cards returns to us and they are removed from your Vault, and any store credit issued for selling them back may be cancelled or set off against amounts you owe us.
  • Legal holds. We may delay or refuse a shipment or sell-back where we reasonably believe it is required by law, a court order, or a government request, or to investigate suspected fraud or misuse of the Services, and we will notify you of a hold unless we are legally prevented from doing so.

9.10 Taxes and Your Responsibilities

You are responsible for any taxes that may apply to cards you win, receive, or sell back, other than sales tax we are required to collect. Where the law requires us to report prizes or winnings, you agree to provide the information we need to do so, and we may delay shipment until it is provided. You are also responsible for keeping your shipping address and email current, for reviewing your Vault and the notices we send about it, and for using the XP Vault only to hold cards acquired through the Services for yourself and not on behalf of any other person.

10. Acceptable Use

You agree not to:

  • use bots, scripts, automation, or other unfair means to purchase products or Battle seats, 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;
  • hold cards in the XP Vault for another person, or attempt to sell, transfer, or pledge a Vaulted Card or its Vault record outside the Services;
  • 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.

11. 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.

12. 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.

13. 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). This limitation does not apply to the remedy for loss of or damage to a Vaulted Card in our custody described in Section 9.7. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

14. 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.

15. 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. If your account is closed or terminated, Section 9.9 governs the return of any Vaulted Cards. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute-resolution terms — will survive.

16. 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.

17. 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.

18. Contact Us

Questions about these Terms? Contact us:

Elite Poke Tribe LLC (DBA XPcollect)

345 N Main St.

Manville NJ 08835

Email: Help@XPcollect.com

Phone: 908-997-0571