These terms were last updated on October 13th, 2022.
THESE TERMS OF SALE (“TERMS”) CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
What’s in these Terms?
Section 1: Orders
- Customer Support
- Returns, Refunds, Exchanges, and Replacements
- Erroneous Charges
- Chargeback Claims
Section 2: Payment Terms
- Credit Cards
- Payment Information
Section 3: Subscription Services
- Changes; Third Parties
- Additional Features
- Subscription Term
- Customer Responsibilities
- Product Releases
- Promotional & Exclusive Items
Section 4: Manufacturer’s Warranty and Disclaimers
- Third-Party Products and Manufacturers
- Covenant Products
Section 5: Limitation of Liability, Arbitration, and Waivers
- Limitation of Liability
- Dispute Resolution and Binding Arbitration
- Waiver of Jury Trial and Class Actions
Section 6: Miscellaneous
- Governing Law and Jurisdiction
- No Waivers
- Notices to You
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By placing an order for products or services from this website, you confirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms. You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not of legal age to form a binding contract, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
The terms and conditions set forth in these Terms apply to the purchase and sale of products and services through www.teamcovenant.com (the “Site”). These Terms are subject to change by Covenant TCG, Inc. (referred to as “us,” “we” or “our” as the context requires), without notice and at our discretion.
You may use the Site to purchase products or services from us (an “Order”). By placing an Order on the Site, you are making an offer to buy products or services from us subject to these Terms; however, your Order must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept your Order at our sole discretion. In addition, you acknowledge that you understand and agree to the following:
a. Customer Support. If you have questions or concerns regarding an order or an issue with the Site, you may contact us here. We do not promise or guarantee specific response times for communications submitted through the Site, but we will respond as fast as we reasonably can. Our response times are typically less than one (1) business day. If you have questions about our products or services that do not relate to a specific order, we recommend joining our Discord and posting in the #Ask-Covenant channel.
b. Prices. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Changes in prices will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless otherwise stated. All such taxes and charges will be added to your Order total and will be itemized in your shopping cart and in your Order confirmation email. We strive to display accurate prices on the Site; however, we may occasionally make inadvertent errors related to pricing and availability. We reserve the right to correct any such errors at any time and to cancel any Orders due to such errors.
c. Shipment. We will arrange for shipment of the products to you according to the specific delivery options chosen by you at the time of your Order. You will pay all shipping and handling charges specified with your Order. Title and risk of loss pass to you upon our transfer of the products to the applicable shipping service. Shipping and delivery dates are estimates only and cannot be guaranteed by us. We are not liable for any delays. Orders that do not contain items labeled Pre-Order (see below for more information about Pre-Orders) typically ship within one (1) business day. If shipment does not occur within five (5) business days after we receive payment for your Order (not including any Pre-Order items), you will be notified of the projected shipping timeline and given the option to cancel your Order for a full refund.
d. Delivery. We use third-party shipping services, primarily the United States Postal Service (“USPS”) and the United Parcel Service (“UPS”), to ship all Orders. You assume full responsibility for your Order’s shipment after we tender it to the applicable shipping service. We do not assume any responsibility for Orders after they are shipped, including any damaged, lost, late, or otherwise missing packages shipped through third-party shipping services. See below for more information on how we handle lost and damaged shipments. After we tender a shipment to the applicable shipping service, Orders are typically delivered within two to four (2-4) business days for domestic (U.S.) shipments and within one to three (1-3) weeks for international (non-U.S.) shipments. All time frames relating to the shipping and delivery of Orders are provided by third-party shipping services and are estimates, not guarantees. Orders marked as delivered through their tracking will be considered fulfilled.
f. Pre-Orders. We offer products for sale on the Site that are not in inventory but are expected to be released at a future date. Such products are identified as “Pre-Orders” in the title of the product, in the product description, or elsewhere on the product page. Items listed as a “Pre-Order” may be modified, canceled, and/or refunded, in whole or in part, by you or us for good cause under limited circumstances at our discretion. Items identified as a “Secure Pre-Order” are Pre-Orders that cannot be modified, canceled, and/or refunded, in whole or in part, after you place the Order unless otherwise specified below.
If your Order includes a Pre-Order item, your Order will not ship until all items are available. If you would like to receive your Order in separate shipments, please contact us after placing the Order. We will make arrangements to bill you for additional shipping charges incurred for you to have available items sent before the Pre-Order items.
We will do everything we reasonably can to ensure the timely delivery of your Pre-Order items. If a Pre-Order item is not shipped within ninety (90) days of the estimated delivery date provided at the time of purchase, you may contact us to request a refund.
You may contact us regarding a Pre-Order or Secure Pre-Order with any requests, and we will work with you to accommodate your request as best as we can.
g. Returns, Refunds, Exchanges, and Replacements. Unless otherwise provided in these Terms, all cancellations, returns, refunds, exchanges, replacements, other corrections, or modifications to an Order will be at our sole discretion and may include additional costs to you. Shipping and handling expenses already paid are often not refundable or covered by insurance, but may be eligible for refund depending on the situation at at our discretion. For any request for returns, refunds, exchanges, or replacements to be considered for a product or subscription order, such requests must be made within 45 days of your order being shipped or within 30 days after the delivery of your order.
Unless otherwise defined within these terms or on the associated product page for event registration, we will grant cancellation and refund requests for an event that is not sold out (meaning registrations are still purchasable through our Site) if you contact us to make such a request seven (7) or more days before the event. If an event is sold out (meaning registrations are no longer purchasable through our Site), we will grant cancellation and refund requests if you contact us to make such a request at least thirty (30) days before the date of the event. Any cancellations and refunds granted may come with additional costs. Any exceptions to these timelines will be at our discretion.
Returns. Except for products included with a Subscription or designated on the Site as final sale, non-returnable, or otherwise, we will consider accepting product returns for a refund of your purchase price, less the original shipping and handling costs, if such return is requested within 30 days after delivery with valid proof of purchase and such products are returned in their original condition (see below for more information on the condition of returned products). You are responsible for all shipping and handling charges on returned products, and you bear the risk of loss during shipment. Therefore, we strongly recommend that you fully insure your return shipment against loss or damage and that you use a shipping service that can provide you with proof of delivery.
Incorrect Orders and Lost or Damaged Shipments. If you make an incorrect purchase, receive the wrong items, or your shipment is lost or damaged, please contact us immediately. We will work with you to resolve the situation according to these Terms.
Condition of Products. Covenant Products, including token sets, templates, gaming boards, and other peripherals, can only be returned, refunded, or exchanged if they are unused, have any protective covering unpeeled, and are in their original condition. Sealed third-party products may be returned, refunded, or exchanged with our approval and at our sole discretion, as long as they are unopened and in their original packaging and fit for resale.
Singles, or individual components of larger releases for collectible card game sets, of $250 or less in value are not eligible for returns, refunds, or exchanges, and ALL SALES ARE CONSIDERED FINAL. Singles, or individual components of larger releases for collectible card game sets, of $250 or more in value will be considered for returns, refunds, or exchanges if a significant quality difference exists from what you receive and the listed description and only if the security seal on their protective packaging is not broken and if you contact us within seven (7) days of receiving such a product. If we give you written approval to return a product after such a request, you must supply us with a tracking number for the return shipment within seven (7) days of the original delivery to you or within two (2) business days of our written approval, whichever is later. Whether or not we grant such a return, refund, or exchange is at our sole discretion and such a decision will not be made final until we receive the returning products.
Refunds. All refunds will be credited back to the payment method that was used to place the Order. We usually process refunds within 5 business days, but it may take more time for the refund to appear on your statement.
h. Erroneous Charges. If you have been overcharged, please contact us immediately and no more than 30 days after the charge occurred. We will work with you to resolve the situation according to these Terms. Additionally, you authorize us to make an additional charge to your Account if you were under-charged (as determined by us) for any Order.
i. Notifications. You will be notified by email when we receive and accept your Order and when it is shipped. Your shipping notification will include tracking information, if available. You may also receive other email communications from us in connection with your Order, and you expressly consent to receive such notifications as we determine at our discretion.
j. Events. Attendance is required to receive prizes, promotional materials, and gaming materials, and we do not hold or mail any such items unless otherwise specified on the product or subscription being purchased. We use your proof of purchase (your email confirmation) at the time of on-site verification for events. You may transfer your registration to another person by following the steps defined in the confirmation email you receive after registering for an event.
k. Chargeback Claims. If you submit or threaten a chargeback claim on any Order, we reserve the right to hold any of your pending or future Orders until that dispute is resolved. If you submit a chargeback, you forfeit all rights to any promotional offering (eg. exclusive promotional cards, free shipping, etc.) included with that order. This may result in additional fees (eg. the cost of paying for shipping for an order that included promotional ‘free shipping’).
We will not consider a chargeback a termination of any obligation concerning any Order or other purchase of goods or services that have been initiated. You accept full responsibility for all reasonable costs that we incur fulfilling your Order in light of a chargeback. This includes any additional costs we must pay as a result of the chargeback along with the following standardized fees:
- Chargeback Service Fee – $50: Covers the cost of time spent disputing illegitimate chargeback claims. All illegitimate chargebacks will be assessed this fee.
- Intercept Fee – $25: Covers the cost of preventing the dispatch of an order that is already queued for shipment. Only applied if a chargeback occurs after an order has been queued for shipment that has not yet shipped.
- Reroute Fee – $50: Covers the cost for us to reroute a parcel in transit back to ourselves in the event that a chargeback occurs after an order has been shipped but before it has been delivered.
- Warehousing and Insurance Fee – the greater of 1% of the disputed order’s total price or $5 per calendar month since the dispute was initiated: This fee covers the costs associated with warehousing and insuring the items in an order that are unable to be dispatched and must be retained due to a chargeback.
- Intensive Fraud Service and Itemization Fee – $50: This fee covers the costs of spending disproportionate time servicing an order via a chargeback claim. This fee only applies if you have numerous chargeback-related questions, your claim takes an excessive amount of time to resolve, or if you ask for us to provide an itemized list of chargeback fees.
You will have one hundred and eighty (180) days from the time of being denied a chargeback by your financial institution to contact us to arrange payment for these additional costs. If you fail to contact us within this time frame (180 days) to arrange payment, your order will be considered fulfilled.
You further authorize us to determine the legitimacy of any chargeback at our discretion according to these Terms. You agree that the only “legitimate” claims for a chargeback related to your Account shall be those due to negligent errors and omissions by us and that in any dispute concerning a chargeback you shall bear the burden of proving such negligence; otherwise, we shall enjoy a presumption and the full benefit of any doubt that all charges to your Account are legitimate. If you win a chargeback claim against us, regardless of the reason or circumstances, you agree to return and provide proof of return shipping for any items you previously received that are in any way related to the chargeback within five (5) business days after the chargeback dispute is finalized. All items returned to us shall be in the condition specified above under returns.
2. Payment Terms
Terms of payment are within our sole discretion and, in general, payment must be received by us before we accept an Order. We accept most major credit cards. If you pay by credit card, you represent and warrant that (i) the credit card information you provide to us is true and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your Order.
a. Credit cards. You authorize us to charge your credit card or another authorized payment method that is accepted by us (“Account”) for the total amount of your Order plus shipping and handling charges for the shipping method that you choose. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to that third party. We will store your credit card or other payment information as necessary to process your Orders and payments, and, if you choose to save your credit card or other payment information to your Account (required for all Subscriptions), we will store it for such purposes. We do not accept PayPal Checkout, direct transfer, checks, or any other payment methods.
b. Subscriptions. You authorize us to charge your Account for all products for which you are a Subscriber up to four (4) weeks before the expected release of the applicable product. If your charge will be more than two-thousand five-hundred US dollars (USD 2,500 or more), we reserve the right to charge you up to eight (8) weeks before the expected release of the product. We are not in control of the timing and release of products. If the Subscription charges change substantially, you will be notified by email at least seven (7) business days before any charge would take place for the related subscription and the change takes effect. By becoming a Subscriber to any of the Subscription Services, you expressly authorize us to charge your Account on a recurring basis, and you agree to the amount of the recurring charges, as then in effect. Covenant may periodically (e.g., monthly) charge your Account without further authorization from you until you cancel your Subscription (see Subscription Term below), terminate this authorization or change your payment method by changing the settings on your Account on our website. You agree that such notice will not affect charges submitted before we reasonably could act on the notice, which in no event will be less than five (5) business days. Any charges to your Account before we receive your notice and we have time to act on your notice will not be reversed.
c. Payment Information. You will keep your contact information, billing information and Account information (where applicable) up to date. All payment obligations are non-cancellable and all amounts paid are non-refundable, except as specifically provided in these Terms. All fees are due and payable in advance throughout the Subscription Term.
3. Subscription Services
As part of the services that we provide through the Site, we may offer subscriptions for you to receive certain products or services on a regular, periodic or recurring basis (each, a “Subscription” and collectively, the “Subscription Services”), as further described on the Site. We may offer and cancel these Subscriptions or the Subscription Services from time to time at our discretion.
a. Subscription. You agree that by placing an Order for a Subscription, you are entering into a binding contract with us and agree to pay all charges that may be incurred by you or on your behalf in connection with the Subscription at the prices and shipping and handling costs in effect at the time of fulfillment.
b. Changes; Third Parties. We may change any Subscription or the Subscription Services from time to time at our discretion, including by adding or deleting products and services that are included. However, we will not make changes to a Subscription or the Subscription Services that materially reduce the benefits provided to you during the Subscription Term without providing notice to you. You understand and acknowledge that we might provide some of the Subscription Services through third parties, and we cannot make any representations or warranties regarding such third parties’ products or services.
c. Additional Features. You may subscribe to additional features of the Subscription Services by signing up for additional Subscriptions.
d. Subscription Term. The term of the Subscription Services will begin on the date we receive your Order for a Subscription and will not end until you cancel the Subscription or if your authorized payment method is declined and you fail to update your payment information in a timely manner (the “Subscription Term”). You may terminate any Subscription at any time by changing your Subscription settings through the Site. We may cancel a Subscription or stop offering the Subscription Services at any time. Upon termination of a Subscription, we will immediately stop charging you for new products; however, if your Account has already been charged, such payment is non-refundable and we will deliver any undelivered products to you in accordance with the Subscription and these Terms.
e. Customer Responsibilities. You will keep your contact information, shipping information, billing information and payment information up to date. Changes cannot be made to an order from a Subscription after a charge has occurred. You may make changes to your Subscription using the resources available on the Site. Any changes to your Subscription will only be effective after it is received, processed and entered in our system, and such change will not be effective as to any prior charge. All payment obligations under your Subscription are non-cancellable, and all amounts paid are non-refundable, except as specifically provided in these Terms. All fees are due and payable in advance throughout the Subscription Term. If you receive a notification that your authorized payment method was declined or your payment was not received, it is your responsibility to update your payment information in a timely manner or you risk forfeiting your rights and benefits under the Subscription, including without limitation any product or service included with the Subscription.
f. Product Releases. We are not responsible for the timing and release of the products for which we offer a Subscription. As such, if the release of a product is altered or delayed by the manufacturer, publisher or distributor after a charge has been initiated for a Subscription, your Order will remain pending until the release of the product in question. If your Order does not ship within ninety (90) days of the release date of a product, you can contact us to request a refund for your Order.
g. Promotional & Exclusive Items. From time to time, we offer promotional or exclusive items with the purchase of products or with shipments being sent through a Subscription Service. These items are not the product being sold through the applicable product or Subscription and have no independent value. In addition, these items are not covered by shipping insurance and we are not responsible for them if they are lost or damaged. If a promotional or exclusive item is lost or damaged during shipment, contact us immediately. While we are not required to replace any such lost or damaged item, we will do what we reasonably can to get to you the promotional or exclusive item that you expected to receive with your Subscription.
4. Manufacturer’s Warranty and Disclaimers
a. General. Except as expressly stated herein:
ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
b. Third Party Products and Manufacturers. We do not manufacture all products offered on our Site, and the availability of products through our Site does not indicate an affiliation with or endorsement of any such product (“Third Party Products”) or manufacturer (“Third Party Manufacturers”). Accordingly, we do not provide any warranties with respect to the Third Party Products offered on the Site. However, such products may be covered by the applicable Third Party Manufacturer’s warranty. To obtain warranty service for defective Third Party Products, please follow the instructions included in the Third Party Manufacturer’s warranty.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
c. Covenant Products. The following limited warranty covers defects in materials and workmanship in products we manufacture (“Covenant Products”) that are sold through the Site during the Warranty Period (as defined below):
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE COVENANT PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE COVENANT PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
This limited warranty for Covenant Products extends only to the original purchaser of such products from the Site. It does not extend to any subsequent or other owner or transferee of the product. This limited warranty starts on the date of your purchase and lasts for one month (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 Covenant Products during the Warranty Period, we will, in our sole discretion, either (i) repair or replace such products 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. To obtain warranty service for Covenant Products, email customer service at firstname.lastname@example.org during the Warranty Period.
5. Limitation of Liability, Arbitration and Waivers
a. Limitation of Liability. Except to the extent prohibited by law and with respect to (i) liability resulting from our gross negligence or willful misconduct or (ii) death or bodily injury resulting from our acts or omissions:
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU ORDERED THROUGH THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
b. Dispute Resolution and Binding Arbitration. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN TULSA, OKLAHOMA. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Notwithstanding the provisions of this section to the contrary, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days after your purchase. Any arbitration or small-claims court proceeding pursuant to this section will be limited solely to your individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR COVENANT TCG, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS 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 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.
c. Waiver of Jury Trial and Class Actions. YOU AND COVENANT TCG, INC. AGREE TO GIVE UP AND HEREBY WAIVE ANY RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
a. Governing Law and Jurisdiction. The Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Oklahoma.
b. No Waivers. Any failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the party charged with such waiver.
c. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
d. Notices to You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site, or (iii) sending a text message to a phone number you provide. Notices sent by email and text message will be effective when we send the email. Notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
e. Notices to Us. To give notice to us under these Terms, you may contact us by: (i) email to email@example.com; or (ii) personal delivery, overnight courier, or registered or certified mail to Covenant TCG, Inc., 1636 E 6th St, Tulsa, Oklahoma 74120. Notices provided by personal delivery will be effective immediately. Notices provided by email, facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.