Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Uncle Sam's Cellar LLC, doing business as Phorager ("Phorager," "we," "us," or "our"). They govern your access to and use of the Phorager website, applications, data, and related services (together, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

You must be at least 18 years old and able to form a binding contract to use the Service.

The Service is intended for users located in the United States only. We make no representation that the Service is appropriate or available for use outside the United States, and you are responsible for compliance with any local laws that may apply to you.

To use certain features you must create an account. During the alpha, the only information required to register is an email address. You agree to provide accurate information and to keep it current.

You are responsible for activity that occurs under your account and for maintaining the confidentiality of any access to it. Notify us promptly at unclesam@phorager.com if you believe your account has been accessed without authorization.

You agree not to:

• — Use the Service for any unlawful purpose or in violation of these Terms;
• — Scrape, harvest, crawl, or bulk-download data from the Service except as expressly permitted;
• — Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure;
• — Reverse engineer, resell, or commercially exploit the Service or its data without our written permission; or
• — Misrepresent your identity or use the Service to infringe the rights of others.

We may investigate, suspend, or terminate access for conduct we reasonably believe violates these Terms or harms the Service or other users.

Automated abuse and countermeasures. To protect the Service and its data, we may deploy technical countermeasures against any access or activity we reasonably believe is automated, abusive, or in violation of these Terms — including rate-limiting, blocking, and, without notice, routing the offending account or client to serve decoy, delayed, degraded, watermarked, or intentionally inaccurate data. You acknowledge that any data received while engaged in such activity is unreliable and may not be relied upon or used for any purpose.

Phorager provides data, analytics, and related information about sports cards and collectibles for informational purposes only. Nothing on the Service is financial, investment, tax, or legal advice, an appraisal, or an offer or solicitation to buy or sell any item.

Collectibles are speculative and their values can be volatile. You are solely responsible for your own buying, selling, holding, and trading decisions, and you should do your own research. We do not guarantee the accuracy, completeness, or timeliness of any data or estimate.

The Service contains links to third-party websites and marketplaces, including eBay. We are a participant in the eBay Partner Network, an affiliate advertising program. This means we may earn a commission when you click certain eBay links and make a qualifying purchase, at no additional cost to you.

To make this work, clicking an eBay or other affiliate link may cause cookies or similar identifiers to be set by eBay or its partners so that a purchase can be attributed to us. Your interactions on those third-party sites are governed by their terms and privacy policies, not ours. We do not control and are not responsible for third-party sites, their content, or their practices. See our Privacy Policy for more on cookies and tracking.

The Service is currently offered free of charge during the alpha. We may introduce paid plans or features in the future.

If and when we do, payments will be processed by a third-party payment processor (for example, Stripe), and additional terms — including pricing, billing, and refund terms — will apply and will be presented to you before you incur any charge. You will not be charged for a paid feature without first agreeing to those terms.

The Service, including its software, design, text, graphics, and the compiled data and analytics we produce, is owned by Uncle Sam's Cellar LLC or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

Team names, player names, set names, images, trademarks, and other identifiers referenced in the Service belong to their respective owners. Their appearance is for identification and informational purposes and does not imply endorsement or affiliation.

We welcome feedback, ideas, and suggestions. If you send us any, you grant us a perpetual, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS 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, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DATA OR ESTIMATES WILL BE ACCURATE OR COMPLETE.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNCLE SAM'S CELLAR LLC AND ITS OWNERS, MEMBERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Uncle Sam's Cellar LLC and its owners, members, and affiliates from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including if we discontinue the Service or believe you have violated these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

We may update these Terms from time to time. When we make material changes, we will update the "Effective date" above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Kentucky will have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

Questions about these Terms? Contact us at unclesam@phorager.com.