Poke Piñata

These Terms and Conditions ("Terms") govern your use of the Poke Piñata website, mobile applications, software, technology, marketplace, fulfillment services, customer accounts, Vault, Buyback services, Wallet or store-credit features, and related services (collectively, the "Services").

"Poke Piñata," "we," "us," and "our" mean Poke Piñata, LLC together with its applicable affiliates and service providers.

Principal business address:

11 Acacia Ln

Sterling, VA 20166

Customer Support:

support@pokepinata.com

These Terms constitute a legally binding agreement between you and Poke Piñata.

Poke Piñata sells and fulfills physical collectible merchandise.

When you purchase a Piñata, package, bundle, collection, or other merchandise offering, you are purchasing physical merchandise and are not purchasing a financial instrument, security, investment contract, bank product, or other financial product.

Certain offerings may use randomization to determine which eligible physical merchandise from an identified product pool is allocated to you.

Randomization is a method of selecting merchandise from the applicable product pool. Poke Piñata does not represent that a particular randomized offering is legally classified as non-gambling in every jurisdiction.

Poke Piñata may restrict, modify, suspend, or discontinue any offering or Service in any jurisdiction where Poke Piñata determines that additional licensing, registration, disclosure, age restrictions, geographic restrictions, or other compliance measures may be required.

Nothing in these Terms is intended to characterize an offering in a manner that overrides applicable law.

Unless expressly stated in separate written terms applicable to a specific Service:

• Poke Piñata does not sell cash prizes;
• Poke Piñata does not sell securities;
• Poke Piñata does not provide investment advice;
• Poke Piñata does not guarantee investment returns;
• Poke Piñata does not guarantee future appreciation;
• Poke Piñata does not guarantee resale value;
• Poke Piñata does not guarantee that any product can be resold;
• Poke Piñata does not guarantee that a customer will recover the purchase price through resale.

Collectible merchandise can increase or decrease in value, and customers assume the ordinary market risks associated with owning collectible merchandise.

You must be at least 18 years old to create an account, purchase merchandise, participate in a randomized product-selection experience, use Buyback, or use Wallet or store-credit functionality, unless Poke Piñata expressly permits a younger age in a particular jurisdiction and has obtained any legally required parental consent.

You represent and warrant that:

• You are legally capable of entering into a binding contract;
• You satisfy the applicable minimum age requirement;
• Information you provide is accurate and current;
• You are authorized to use any payment method you provide;
• You will comply with applicable laws;
• You will not create an account for another person without authorization.

Poke Piñata may require age, identity, payment, address, or other verification before permitting a transaction, shipment, Vault withdrawal, Buyback, or other Service.

The Services are available only in jurisdictions where Poke Piñata determines that the applicable Services may lawfully be offered.

Poke Piñata may restrict:

• purchases;
• accounts;
• products;
• promotions;
• randomized offerings;
• Buyback;
• Wallet functionality;
• Vault functionality;
• shipments.

Poke Piñata may use reasonable information, including billing address, shipping address, IP address, device information, or verification information, to determine eligibility.

Attempting to circumvent geographic restrictions through VPNs, proxies, false addresses, identity misrepresentation, or other methods is prohibited.

Certain Services require an account.

You agree to provide complete, accurate, and current information.

You are responsible for:

• maintaining the confidentiality of your credentials;
• all activity occurring through your account;
• promptly notifying Poke Piñata of suspected unauthorized access;
• maintaining accurate contact and shipping information.

You may not:

• create accounts using false identities;
• create accounts for another person without authorization;
• create multiple accounts to circumvent purchase limits;
• use automated systems to create accounts;
• manipulate promotions or product-selection systems;
• sell, transfer, or share accounts without written authorization.

Poke Piñata may suspend or terminate accounts that violate these Terms or applicable law.

Products may include:

• trading card booster packs;
• booster boxes;
• Elite Trainer Boxes;
• collection boxes;
• special collection products;
• promotional products;
• sealed collectible products;
• authenticated collectibles;
• other commercially released collectible merchandise.

Product availability may change.

Product images may be illustrative and may not depict the exact item ultimately selected.

Unless expressly stated otherwise, products are intended to be authentic, commercially released collectible merchandise.

Certain offerings may use a computerized or other randomized allocation process.

Before purchase, Poke Piñata will provide the material information applicable to the particular offering, which may include:

• applicable product pool;
• product categories;
• selection methodology;
• applicable odds;
• minimum value, if any;
• value methodology, if any;
• material eligibility restrictions;
• applicable purchase limits.

A randomized selection does not mean that every eligible product has the same probability of selection.

Where odds are disclosed, Poke Piñata intends for the disclosed odds to accurately reflect the applicable offering at the time of purchase.

Poke Piñata will not intentionally manipulate an individual customer's selection based upon:

• purchase history;
• spending level;
• identity;
• prior selections;
• prior high-value selections;
• prior low-value selections;
• customer profitability;
• anticipated customer behavior.

The randomization system may use inventory information necessary to ensure that only eligible products are selected.

Poke Piñata will maintain reasonable technical and operational controls designed to ensure that randomized selections are generated consistently with the applicable offering terms.

Poke Piñata may use third-party software, hosting, security, auditing, randomization, payment, or technology providers.

Poke Piñata may conduct testing, auditing, monitoring, and reconciliation of randomized offerings.

No computer system is guaranteed to be completely free from errors or security vulnerabilities.

If Poke Piñata determines in good faith that a technical malfunction materially affected a selection, Poke Piñata may:

• suspend the affected offering;
• investigate the transaction;
• correct an obvious technical error;
• void an affected transaction where permitted by law;
• reprocess an affected transaction where appropriate;
• issue a refund or other appropriate remedy.

Poke Piñata will not use a technical-malfunction provision as a pretext to change a valid customer selection merely because the selected product is less profitable or more valuable than anticipated.

Poke Piñata may maintain records sufficient to reconstruct randomized transactions.

Records may include:

• transaction ID;
• account identifier;
• date and time;
• applicable offering;
• applicable product pool;
• applicable odds;
• valuation methodology;
• applicable inventory;
• allocation parameters;
• software or system version;
• randomization result;
• selected product;
• fulfillment status;
• applicable corrections or adjustments.

Records may be retained for as long as Poke Piñata reasonably determines necessary for business, legal, regulatory, accounting, security, fraud-prevention, dispute-resolution, or audit purposes.

Poke Piñata may use independent auditors or other qualified service providers to review randomization systems.

Nothing in this section requires Poke Piñata to disclose proprietary algorithms, security information, trade secrets, source code, fraud-prevention methods, or information that would compromise the integrity of the Services.

For each completed purchase involving a randomized offering, the material terms applicable to that transaction will be determined as of the time the transaction is accepted.

Poke Piñata will not intentionally retroactively change:

• applicable odds;
• applicable product pool;
• minimum value;
• material eligibility requirements;
• material valuation methodology;
• selected product.

Poke Piñata may modify future offerings, future product pools, future pricing, future odds, future inventory, or future promotional programs.

Changes to future offerings do not modify completed transactions.

If Poke Piñata advertises a minimum market value, estimated market value, or value range, the applicable offering will identify or link to the applicable valuation methodology to the extent reasonably practicable.

A stated market value is an estimate and is not:

• a guarantee of resale price;
• a guarantee of future value;
• an investment recommendation;
• a guarantee of profit;
• a guarantee of liquidity;
• a guarantee that a marketplace will accept the product;
• a guarantee that the customer can sell the product for that amount.

Market values can vary based upon:

• marketplace;
• geographic location;
• timing;
• condition;
• supply;
• demand;
• fees;
• taxes;
• shipping costs;
• authentication;
• grading;
• market conditions.

Poke Piñata may use commercially reasonable sources, including completed marketplace transactions, verified sales data, published market data, or other relevant information.

Poke Piñata may exclude:

• damaged products;
• incomplete products;
• non-comparable sales;
• obvious pricing errors;
• fraudulent transactions;
• promotional transactions;
• extraordinary outliers.

Unless expressly stated otherwise, a market value is not a promise concerning the amount a customer will receive if the product is resold.

For offerings containing a stated minimum or estimated value, Poke Piñata may maintain records of:

• valuation date;
• valuation source;
• applicable sales data;
• methodology;
• excluded transactions;
• product condition assumptions;
• product pool;
• applicable value calculations.

Poke Piñata may update valuation methodologies for future offerings.

A subsequent change in market price does not retroactively change the valuation applicable to a completed offering.

Collectible merchandise is speculative.

Poke Piñata does not represent that any product:

• will appreciate;
• will retain its value;
• will generate profit;
• will be resold for a particular amount;
• will outperform another collectible;
• constitutes an investment;
• is suitable for any particular financial objective.

You purchase collectible merchandise for collecting, entertainment, enjoyment, or other lawful purposes at your own risk.

The applicable purchase price will be displayed before the customer completes a transaction.

Prices may change before purchase.

Once a transaction is accepted, the purchase price will generally not change except where necessary to correct an obvious error or address fraud, unauthorized activity, technical malfunction, or other circumstances permitted by law.

Unless otherwise stated, prices do not include applicable taxes, shipping charges, customs duties, or governmental charges.

You authorize Poke Piñata and its authorized payment processors to charge your selected payment method for amounts properly due.

You represent that you are authorized to use the payment method.

Poke Piñata may delay, decline, reverse, or cancel transactions involving:

• suspected fraud;
• unauthorized payment methods;
• chargeback abuse;
• identity discrepancies;
• geographic restrictions;
• purchase-limit violations;
• technical errors;
• suspected unlawful activity.

Poke Piñata may require additional verification before completing a transaction.

An order confirmation acknowledges receipt of an order but does not necessarily constitute final acceptance.

Poke Piñata may reject or cancel an order where permitted by law, including because of:

• suspected fraud;
• technical errors;
• inventory errors;
• obvious pricing errors;
• duplicate orders;
• purchase-limit violations;
• prohibited locations;
• account restrictions;
• violation of these Terms.

If Poke Piñata cancels an order after payment, Poke Piñata will refund the amount actually charged for the canceled transaction, subject to applicable law.

Once a randomized product has been validly selected and the selection has been communicated to the customer, the transaction is generally final.

A customer may not reject a valid selection merely because:

• the customer prefers another product;
• another customer received a different product;
• another product has a higher estimated market value;
• the selected product is not the customer's preferred product;
• the customer expected a different product.

This provision does not eliminate rights relating to:

• defective merchandise;
• materially incorrect merchandise;
• unauthorized charges;
• fraud;
• non-delivery;
• applicable statutory rights;
• other rights that cannot lawfully be waived.

Because some transactions involve randomized product selections, Poke Piñata may maintain a limited return policy.

A customer generally may not return a validly selected product merely because the customer does not like or prefer the selection.

Products may be eligible for replacement, refund, or other remedy if they:

• arrive damaged;
• are materially defective;
• materially differ from the product represented;
• are not authentic where authenticity was expressly represented;
• are incorrectly fulfilled;
• are not delivered.

Customers should notify Poke Piñata promptly after discovering a problem.

Poke Piñata may request reasonable evidence, including:

• photographs;
• video;
• packaging information;
• shipping information;
• order information;
• tracking information;
• other evidence reasonably necessary to investigate the claim.

Nothing in this section eliminates a right or remedy that cannot lawfully be waived.

Customers should inspect shipments promptly after delivery.

If an item appears damaged, the customer should contact Poke Piñata promptly and, where possible, retain:

• shipping box;
• shipping label;
• protective materials;
• product packaging;
• damaged merchandise.

Poke Piñata may request photographs or video reasonably necessary to document the condition of the shipment.

Poke Piñata may pursue claims against carriers, insurers, manufacturers, or other responsible parties.

Poke Piñata will ship products to eligible destinations using available carriers and fulfillment providers.

Any stated shipping period will be based upon a reasonable expectation of fulfillment at the time the representation is made.

Delivery estimates are estimates unless expressly identified as guaranteed.

Poke Piñata is not responsible for carrier delays, weather, natural disasters, governmental action, customs delays, incorrect addresses, customer unavailability, strikes, transportation disruptions, or other events outside Poke Piñata's reasonable control, subject to applicable law.

Poke Piñata will comply with applicable laws governing Internet merchandise orders, including applicable requirements concerning shipment representations, delayed shipments, cancellation rights, and refunds.

If Poke Piñata cannot ship within the applicable promised period, Poke Piñata may provide the customer with a legally compliant delay notice and applicable options to consent to the delay or cancel the order and receive a refund.

Customers are responsible for providing an accurate shipping address.

Unless applicable law provides otherwise, risk of loss for shipped merchandise transfers according to applicable law and the terms of the applicable carrier and transaction.

Poke Piñata will not use this section to disclaim responsibility for merchandise that was never properly shipped or for obligations that cannot lawfully be disclaimed.

The Vault is a digital account feature that may allow customers to retain eligible physical products with Poke Piñata before requesting shipment.

Where the Vault identifies a specific physical product selected or purchased by a customer, the Vault record represents the customer's contractual entitlement to that identified product, subject to these Terms.

A Vault record does not constitute:

• a bank account;
• a brokerage account;
• a securities account;
• a deposit account;
• a cryptocurrency account;
• a warehouse receipt;
• a financial investment account.

Unless expressly stated otherwise, Vault items do not:

• earn interest;
• constitute money;
• function as currency;
• become transferable between users merely because they are displayed in the Vault;
• constitute bank deposits;
• carry FDIC insurance.

Poke Piñata will maintain reasonable records identifying Vault merchandise.

Records may include:

• account identifier;
• product identifier;
• transaction ID;
• date of acquisition;
• Vault entry date;
• applicable product description;
• shipment status;
• applicable condition information.

Poke Piñata may use reasonable inventory-control procedures to track Vault merchandise.

Poke Piñata will not intentionally substitute an inferior or materially different item for a customer's identified Vault item without the customer's consent, except where reasonably necessary to correct an error, address fraud, comply with law, or resolve a technical or inventory malfunction.

If an identified Vault item is lost, destroyed, materially damaged, or otherwise unavailable while in Poke Piñata's custody, Poke Piñata will provide a commercially reasonable remedy consistent with applicable law and the circumstances.

The remedy may include replacement with the same or substantially equivalent product, refund, account credit where legally permitted, or another mutually acceptable remedy.

Poke Piñata may establish maximum Vault storage periods, storage fees, shipment deadlines, inactivity policies, and product-specific restrictions.

Any applicable storage period or fee will be disclosed before it becomes applicable.

Before taking adverse action concerning an unclaimed Vault item, Poke Piñata may provide notices reasonably calculated to inform the account holder.

If a Vault product remains unclaimed after the applicable period, Poke Piñata may, to the extent permitted by law:

• require shipment;
• charge disclosed storage fees;
• return the product;
• restrict further Vault deposits;
• take other legally permitted action.

Poke Piñata will not intentionally deprive a customer of an identified Vault product without following applicable law and the procedures stated in these Terms.

If Poke Piñata permanently discontinues Vault services, Poke Piñata will provide customers with reasonable notice and an opportunity to request shipment of eligible Vault merchandise, subject to applicable law and any disclosed storage or shipping requirements.

If a prolonged service interruption prevents normal Vault access, Poke Piñata may establish reasonable temporary procedures for accessing or shipping Vault merchandise.

Poke Piñata may offer an optional Buyback program under which eligible physical products may be sold to Poke Piñata.

A Buyback transaction is separate from the customer's original purchase.

Poke Piñata may establish:

• eligible products;
• offer prices;
• condition requirements;
• authentication requirements;
• minimum values;
• shipping requirements;
• processing times;
• payment methods;
• product limits.

A Buyback offer is not a guarantee of future market value.

Unless separate Buyback Terms state otherwise:

• Customer submits an eligible product.
• Poke Piñata receives the product.
• Poke Piñata may inspect and authenticate the product.
• Poke Piñata determines whether the product satisfies applicable eligibility and condition requirements.
• Poke Piñata provides a final Buyback offer, if applicable.
• Customer accepts or rejects the offer.
• Ownership transfers to Poke Piñata only upon acceptance and completion of the applicable transaction.

An estimated or preliminary Buyback quote is not necessarily a final offer.

Poke Piñata may reject or reprice products that are:

• opened;
• damaged;
• resealed;
• altered;
• counterfeit;
• incomplete;
• materially different from the represented product;
• tampered with;
• otherwise ineligible under applicable Buyback rules.

If Poke Piñata reasonably suspects counterfeit merchandise or fraud, it may suspend the transaction while investigating.

Where permitted by law, Poke Piñata may take appropriate action concerning suspected counterfeit or fraudulent merchandise, including returning the merchandise, retaining it pending investigation, contacting relevant authorities, or taking other legally permitted action.

Buyback payment will be made according to the payment method and timing disclosed for the applicable Buyback program.

Once a customer accepts a final Buyback offer and ownership has transferred, the transaction is generally final except as otherwise provided by applicable law or the applicable Buyback Terms.

Poke Piñata may cancel a Buyback transaction before ownership transfer if it determines that the merchandise is counterfeit, fraudulent, materially misrepresented, or otherwise ineligible.

If Poke Piñata offers Wallet or store-credit functionality, the Wallet constitutes a record of eligible credits associated with a customer account.

Unless otherwise stated:

• Wallet balances are not bank deposits;
• Wallet balances are not securities;
• Wallet balances are not cryptocurrency;
• Wallet balances do not earn interest;
• Wallet balances are not transferable;
• Wallet balances are not cash.

Wallet credits may be used only for the purposes expressly identified by Poke Piñata.

Poke Piñata will not arbitrarily confiscate validly issued Wallet credits except where permitted by these Terms, applicable law, fraud-prevention procedures, account termination procedures, or other lawful grounds.

Where applicable law requires redemption or refund rights, Poke Piñata will comply with those requirements.

Promotions, bonuses, referral programs, contests, sweepstakes, credits, drawings, and other promotional programs may be subject to separate Official Rules.

If separate rules apply, those rules control with respect to the applicable promotion.

Poke Piñata may disqualify participants who manipulate, abuse, exploit, or circumvent promotional rules.

If Poke Piñata conducts a sweepstakes, contest, drawing, or other promotion that legally requires a no-purchase-necessary method of entry, Poke Piñata will publish separate Official Rules.

Those Official Rules may specify:

• eligibility;
• age requirements;
• geographic restrictions;
• entry methods;
• free entry method;
• purchase entry method, if permitted;
• odds;
• prize descriptions;
• dates;
• limitations;
• winner-selection procedures;
• other legally required disclosures.

A promotional drawing governed by separate Official Rules is not part of the ordinary purchase of merchandise unless expressly stated.

You may not:

• violate applicable law;
• commit fraud;
• use another person's payment method without authorization;
• submit false information;
• manipulate randomization;
• interfere with the Services;
• use unauthorized bots or automated purchasing systems;
• scrape the Services;
• reverse engineer software except where legally permitted;
• exploit vulnerabilities;
• manipulate promotions;
• create accounts to circumvent restrictions;
• engage in chargeback abuse;
• submit fraudulent damage or non-delivery claims;
• submit counterfeit merchandise;
• circumvent geographic restrictions;
• interfere with another customer's account;
• resell unauthorized access to the Services;
• use the Services for unlawful purposes.

Poke Piñata may investigate accounts and transactions where it reasonably suspects:

• payment fraud;
• identity theft;
• account takeover;
• chargeback abuse;
• counterfeit merchandise;
• automated purchasing;
• promotional abuse;
• money laundering;
• sanctions violations;
• unlawful activity;
• manipulation of randomized offerings.

During an investigation, Poke Piñata may temporarily restrict transactions, shipments, withdrawals, Buybacks, or account functionality.

Where legally permitted, Poke Piñata may provide relevant information to payment processors, carriers, law enforcement, regulators, auditors, or other appropriate parties.

Poke Piñata may suspend or terminate an account for:

• material violations of these Terms;
• fraud;
• unlawful conduct;
• abuse;
• payment disputes;
• chargeback abuse;
• security concerns;
• age or identity violations;
• circumvention of restrictions;
• manipulation of Services.

Where appropriate and legally required, Poke Piñata will provide notice and an opportunity to resolve the issue.

Termination does not eliminate obligations that arose before termination.

If an account is terminated, Poke Piñata will address remaining merchandise, Vault items, and valid Wallet balances in accordance with applicable law and these Terms.

The Services, including software, website design, logos, graphics, text, interfaces, databases, trademarks, and other materials, are owned by or licensed to Poke Piñata and protected by applicable law.

You may not copy, reproduce, distribute, modify, reverse engineer, or commercially exploit Poke Piñata intellectual property except as expressly authorized.

Third-party trademarks, characters, names, logos, artwork, and other intellectual property remain the property of their respective owners.

Unless expressly stated otherwise, Poke Piñata is not affiliated with, sponsored by, or endorsed by Nintendo, Creatures Inc., Game Freak, The Pokémon Company, or other third-party rights holders.

If you submit reviews, photographs, videos, comments, feedback, suggestions, or other content, you grant Poke Piñata a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, modify, and publish that content in connection with the Services and Poke Piñata marketing.

You represent that you have the necessary rights to submit the content.

You may not submit content that:

• infringes another person's rights;
• contains unlawful material;
• contains another person's personal information without authorization;
• is defamatory;
• is fraudulent;
• infringes intellectual-property rights.

Poke Piñata may remove content that violates these Terms or applicable law.

The Services may rely upon third-party providers, including:

• payment processors;
• cloud hosting providers;
• authentication providers;
• analytics providers;
• shipping carriers;
• marketplace data providers;
• authentication services;
• technology vendors;
• app stores.

Third-party providers may have separate terms and privacy policies.

Poke Piñata is not responsible for independent acts or omissions of third-party providers except to the extent responsibility cannot lawfully be excluded.

By using the Services, you consent to receive electronic communications concerning:

• transactions;
• account activity;
• security;
• shipping;
• customer service;
• policy changes;
• legally required notices.

Marketing communications will be handled in accordance with applicable law and your communication preferences.

Poke Piñata may require customers to affirmatively accept these Terms before completing purchases or accessing certain Services.

Where presented, customers may be required to check a box or take another affirmative action confirming that they:

• have reviewed the Terms;
• agree to the Terms;
• understand that certain products may be selected randomly;
• understand applicable return limitations;
• agree to the arbitration provisions;
• agree to the class-action waiver.

Poke Piñata may maintain electronic records of:

• Terms version;
• acceptance date and time;
• account;
• transaction;
• IP address;
• device information;
• applicable checkout version.

Electronic acceptance may constitute an electronic signature or other legally effective assent to the extent permitted by applicable law.

Your use of the Services is also governed by the Poke Piñata Privacy Policy.

The Privacy Policy describes information collected, used, stored, disclosed, and processed by Poke Piñata.

Nothing in these Terms is intended to reduce rights granted by applicable privacy law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

POKE PIÑATA DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY LAW.

POKE PIÑATA DOES NOT GUARANTEE THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;
• THE SERVICES WILL BE ERROR-FREE;
• PRODUCTS WILL INCREASE IN VALUE;
• PRODUCTS WILL RETAIN THEIR VALUE;
• PRODUCTS WILL BE RESOLD FOR A PARTICULAR PRICE;
• MARKET-VALUE ESTIMATES WILL EQUAL FUTURE RESALE VALUES;
• THIRD-PARTY SERVICES WILL ALWAYS BE AVAILABLE;
• RANDOMIZATION TECHNOLOGY WILL NEVER EXPERIENCE A TECHNICAL MALFUNCTION.

Nothing in this section limits warranties or rights that cannot lawfully be disclaimed.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POKE PIÑATA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POKE PIÑATA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A CLAIM WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU ACTUALLY PAID TO POKE PIÑATA FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM; OR

(B) $100.

This limitation does not apply to liability that cannot lawfully be limited or excluded.

Nothing in these Terms limits liability for fraud, intentional misconduct, or other liability that applicable law prohibits the parties from limiting.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE POKE PIÑATA AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM CLAIMS ARISING SOLELY FROM:

• changes in collectible market value;
• inability to resell merchandise;
• personal product preferences;
• marketplace price fluctuations;
• ordinary shipping delays outside Poke Piñata's reasonable control;
• third-party service interruptions;
• Internet or device failures;
• account compromise caused by your failure to maintain account security;
• events outside Poke Piñata's reasonable control.

This release does not apply to claims that cannot lawfully be released.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Poke Piñata and its owners, officers, directors, employees, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from:

• your violation of these Terms;
• your violation of applicable law;
• fraud or intentional misconduct;
• unauthorized use of another person's payment method;
• infringement of third-party intellectual-property rights;
• misuse of the Services;
• User Content submitted by you;
• violation of another person's rights.

Poke Piñata reserves the right to assume exclusive control of the defense of any matter subject to indemnification.

Before initiating arbitration or litigation, you agree to provide Poke Piñata with a reasonable opportunity to resolve the dispute informally.

A dispute notice should include:

• your name;
• account information;
• transaction information;
• a description of the dispute;
• the requested resolution;
• supporting documentation reasonably necessary to evaluate the dispute.

Send notices to:

support@pokepinata.com

or:

Poke Piñata

11 Acacia Ln

Sterling, VA 20166

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete dispute notice.

This requirement does not prevent either party from seeking emergency relief where necessary to preserve rights or prevent irreparable harm.

Except for disputes that may properly be brought in small claims court, and except where prohibited by applicable law, you and Poke Piñata agree that disputes arising out of or relating to these Terms, the Services, a transaction, a product, the Vault, Buyback, Wallet, or the relationship between you and Poke Piñata will be resolved through binding individual arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA Consumer Arbitration Rules, except to the extent those rules conflict with these Terms or applicable law.

The arbitrator will have authority to award any individual remedy available under applicable law.

The arbitration may be conducted remotely by telephone, video conference, or submission of documents where permitted by the applicable rules and determined appropriate.

The arbitration will be conducted on an individual basis.

Nothing in these Terms prevents an eligible customer from bringing an individual claim in an appropriate small-claims court if:

• the claim qualifies for that court;
• the claim is brought individually;
• the claim is not combined with claims belonging to another person; and
• the customer does not seek class, collective, or representative relief.

If a small-claims action is transferred, removed, appealed, or otherwise becomes ineligible for small-claims court, either party may require arbitration consistent with these Terms.

The parties intend that arbitration will be administered in accordance with applicable consumer-arbitration rules concerning filing fees, administrative fees, and arbitrator compensation.

To the extent applicable law or the applicable arbitration rules require Poke Piñata to pay or advance particular fees, Poke Piñata will do so.

Each party will bear its own attorneys' fees unless applicable law or the arbitrator determines otherwise.

The arbitrator may award attorneys' fees where authorized by applicable law.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO POKE PIÑATA WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS.

The notice must state:

• your full name;
• account email address;
• mailing address;
• a statement that you are opting out of the arbitration agreement.

The notice must be sent to:

Poke Piñata

Attn: Arbitration Opt-Out

11 Acacia Ln

Sterling, VA 20166

or to an email address specifically designated by Poke Piñata for arbitration opt-outs.

Opting out of arbitration does not affect any other provision of these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND POKE PIÑATA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

YOU AND POKE PIÑATA WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may not award relief to persons other than the individual party bringing the claim.

If applicable law prohibits enforcement of any portion of this waiver, the affected provision will be enforced only to the minimum extent permitted by law.

If substantially similar arbitration demands are submitted by or on behalf of multiple customers, the parties may request that the arbitration provider apply its applicable mass-arbitration procedures.

Nothing in this section permits Poke Piñata to avoid obligations imposed by applicable consumer-arbitration rules or law.

Any batching, bellwether, fee, or procedural mechanism will be governed by the applicable arbitration rules and applicable law.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Nothing in this section eliminates mandatory consumer protections applicable in the jurisdiction where a customer resides.

Poke Piñata will not be responsible for delays or failures caused by events beyond its reasonable control, including:

• natural disasters;
• severe weather;
• war;
• terrorism;
• governmental action;
• civil unrest;
• labor disruptions;
• telecommunications failures;
• Internet outages;
• cyberattacks;
• supply shortages;
• carrier failures;
• payment processor failures;
• utility failures;
• pandemics;
• other events beyond reasonable control.

This provision does not excuse obligations that cannot lawfully be excused.

Poke Piñata may modify, suspend, or discontinue portions of the Services.

Changes may include:

• product offerings;
• pricing;
• inventory;
• Vault functionality;
• Buyback functionality;
• Wallet functionality;
• promotional programs;
• software;
• features;
• geographic availability.

Poke Piñata will not intentionally retroactively alter completed transactions except as expressly permitted by these Terms or applicable law.

Poke Piñata may update these Terms from time to time.

Updated Terms will be posted with a revised Last Updated date.

Where legally required, Poke Piñata will provide additional notice.

Changes will generally apply prospectively.

Unless otherwise required by law, continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms.

Material changes affecting existing rights will not retroactively modify completed transactions.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

Poke Piñata's failure to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later.

You may not assign or transfer your rights or obligations under these Terms without Poke Piñata's prior written consent.

Poke Piñata may assign these Terms in connection with:

• a merger;
• acquisition;
• restructuring;
• sale of assets;
• financing;
• corporate reorganization;
• sale of the business.

These Terms, together with:

• the Privacy Policy;
• applicable Purchase Terms;
• applicable Offering Terms;
• Official Promotion Rules;
• Buyback Terms;
• shipping policies;
• Vault policies;
• other expressly incorporated policies;

constitute the entire agreement between you and Poke Piñata concerning the Services.

If an applicable Offering Term expressly conflicts with these Terms, the Offering Term controls only with respect to that particular offering.

Nothing in these Terms is intended to waive, eliminate, or restrict rights that cannot lawfully be waived under applicable federal, state, or local law.

Where applicable law provides consumers with greater rights than those contained in these Terms, applicable law controls.

If any provision of these Terms conflicts with a mandatory consumer-protection requirement, the mandatory requirement controls.

Questions, complaints, refund requests, damaged-product claims, Vault issues, Buyback matters, or other customer-service matters should be directed to:

Poke Piñata Customer Support

Email: support@pokepinata.com

Mail:

Poke Piñata

11 Acacia Ln

Sterling, VA 20166

Poke Piñata may maintain transaction and operational records for purposes including:

• order fulfillment;
• accounting;
• tax compliance;
• fraud prevention;
• customer service;
• randomization verification;
• valuation verification;
• Buyback verification;
• dispute resolution;
• legal compliance;
• regulatory compliance;
• security.

Records may include transaction information, payment information, account information, product information, system logs, communications, shipping records, and applicable offering information.

Poke Piñata will handle such information in accordance with its Privacy Policy and applicable law.

BY USING POKE PIÑATA OR COMPLETING A PURCHASE, YOU ACKNOWLEDGE THAT:

• YOU ARE PURCHASING PHYSICAL COLLECTIBLE MERCHANDISE;
• CERTAIN PRODUCTS MAY BE SELECTED RANDOMLY;
• RANDOM SELECTION DOES NOT GUARANTEE A PARTICULAR PRODUCT;
• NOT EVERY PRODUCT NECESSARILY HAS THE SAME PROBABILITY OF SELECTION;
• ANY DISCLOSED ODDS APPLY TO THE APPLICABLE OFFERING AS DISCLOSED AT THE TIME OF PURCHASE;
• MARKET VALUES ARE ESTIMATES AND MAY CHANGE;
• MARKET VALUE IS NOT A GUARANTEE OF RESALE VALUE;
• COLLECTIBLE PRODUCTS MAY LOSE VALUE;
• YOU HAVE REVIEWED THE MATERIAL TERMS OF YOUR PURCHASE;
• YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION;
• YOU ARE NOT RELYING ON POKE PIÑATA AS AN INVESTMENT ADVISOR;
• YOU UNDERSTAND THAT RANDOMIZED SELECTIONS ARE GENERALLY FINAL SUBJECT TO APPLICABLE LAW;
• YOU UNDERSTAND THE APPLICABLE RETURN AND REFUND POLICY;
• YOU AGREE TO THE DISPUTE-RESOLUTION AND ARBITRATION PROVISIONS WHERE ENFORCEABLE;
• YOU UNDERSTAND THE CLASS-ACTION WAIVER WHERE ENFORCEABLE;
• YOU HAVE HAD AN OPPORTUNITY TO REVIEW THESE TERMS;
• YOU AGREE TO THESE TERMS.

Poke Piñata

Poke Piñata, LLC

11 Acacia Ln

Sterling, VA 20166

Email: support@pokepinata.com

Website: pokepinata.com