Terms of Service
Table of Contents
- Acceptance of Terms
- Description of Service
- Eligibility
- Account & Discord OAuth
- Subscription Plans & Pricing
- Billing, Auto-Renewal & FTC Negative Option Disclosure
- Cancellation Policy
- Founding Member Rate Lock
- Alert Limitations & Accuracy Disclaimer
- User Conduct & Discord Community Rules
- Prohibited Uses
- Intellectual Property
- Pokémon Trademark Disclaimer
- Privacy Policy Reference
- Payments
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Modifications to Terms
- Governing Law & Dispute Resolution
- Contact Information
These Terms of Service ("Terms") constitute a legally binding contract between you and PokeCardRadar LLC governing your access to and use of pokecardradar.com and all associated services (collectively, the "Service"). By creating an account, subscribing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in full.
Sections 6 and 7 contain important disclosures about recurring charges and your right to cancel. Section 20 contains an arbitration clause and class action waiver that affect your legal rights. Please review both carefully.
1 Acceptance of Terms
These Terms are entered into between you ("User," "you," or "your") and PokeCardRadar LLC, a Florida limited liability company ("PokeCardRadar," "we," "us," or "our"), effective as of the date you first access or use the Service.
By clicking "Continue with Discord," subscribing to any paid tier, joining our Discord server via our invite link, or otherwise using any portion of the Service, you expressly agree to these Terms. If you do not agree, you must immediately cease all use of the Service and, if applicable, cancel your subscription in accordance with Section 7.
Pursuant to the Florida Electronic Transactions Act (§ 668.001–668.006, Fla. Stat.), your electronic acceptance of these Terms—whether by clicking an acceptance button, checking a checkbox, or proceeding through an onboarding flow—constitutes a valid and enforceable agreement with the same legal effect as a written signature. You waive any right to claim that these Terms are unenforceable solely because they were accepted electronically.
If you are accepting these Terms on behalf of a legal entity, you represent that you have authority to bind that entity, and the word "you" throughout these Terms shall refer to that entity.
2 Description of Service
PokeCardRadar is a Florida-based subscription alert service that monitors Florida brick-and-mortar retail stores and online retailers for Pokémon Trading Card Game ("Pokémon TCG") product restocks and availability events. When our monitoring system detects a potential restock, subscribers receive notifications delivered via Discord direct message, Discord channel posts, and/or email depending on their tier.
What We Do
- Monitor publicly accessible retail inventory signals, websites, and social media feeds for signs of Pokémon TCG product restocks.
- Deliver real-time or near-real-time alerts to subscribers through Discord and other configured channels.
- Provide tiered access to alert types, geographic coverage, and response speed based on subscription level.
- Operate and moderate a subscriber Discord server for community discussion.
What We Do Not Do
- We do not sell, purchase, or distribute Pokémon TCG products.
- We do not guarantee product availability, pricing accuracy, or that any alert will result in a successful purchase.
- We do not provide investment, financial, or speculative trading advice.
- We are not affiliated with, endorsed by, or sponsored by any retailer whose inventory we monitor.
- We are not affiliated with The Pokémon Company International, Nintendo, Game Freak, or Creatures Inc. (see Section 13).
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. If a discontinuation materially reduces the value of a paid subscription, we will provide subscribers with a pro-rated refund for the unused portion of the current billing cycle.
3 Eligibility
Age Requirement
The Service is intended for users who are 13 years of age or older. By creating an account or using the Service, you represent and warrant that you are at least 13 years old. This requirement is imposed in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.
We do not knowingly collect personal information from children under the age of 13. If we discover that a user under 13 has created an account or provided personal information, we will immediately terminate that account and delete all associated data. If you are a parent or guardian and believe your child under 13 has registered, please contact us immediately at .
Discord Account Requirement
Use of the Service requires a valid Discord account. Because Discord's own Terms of Service require users to be at least 13 years old, our Discord OAuth requirement serves as a secondary age gate. You represent that your Discord account is in good standing and complies with Discord's Terms of Service. If Discord suspends or terminates your account, your access to our Service may be affected accordingly.
Geographic Scope
The Service is operated from Florida, USA. We do not represent that the Service is appropriate or available in jurisdictions outside the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Capacity
You represent that you are not barred from receiving services under applicable law and that you are not listed on any U.S. government restricted-party list.
4 Account & Discord OAuth
Account Creation
Access to PokeCardRadar requires authentication via Discord's OAuth 2.0 protocol. By connecting your Discord account, you authorize us to receive your Discord user ID, username, and email address (if made available by Discord) for the purposes of account creation, tier management, and service delivery.
Account Security
You are solely responsible for maintaining the security of your Discord account credentials. We are not responsible for any unauthorized access to the Service that results from a compromise of your Discord account. You agree to notify us immediately at if you believe your Service account has been accessed without authorization.
One Account Per Person
Each person may maintain only one PokeCardRadar account. Creating multiple accounts to circumvent access restrictions, receive duplicate alerts, or abuse promotional pricing is prohibited and may result in permanent suspension of all associated accounts without refund.
Account Termination by PokeCardRadar
We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, engage in conduct detrimental to the Service or community, or if required by applicable law. Upon termination for cause, no refund of prepaid subscription fees will be issued. If we terminate your account for reasons other than your breach of these Terms, we will provide a pro-rated refund of prepaid fees for the unused billing period.
Data Upon Termination
Upon account termination (by you or by us), we will retain data required for legal compliance, billing dispute resolution, or law enforcement obligations. Remaining personal data will be deleted in accordance with our Privacy Policy within 90 days of termination.
5 Subscription Plans & Pricing
We offer three subscription tiers. All prices are in U.S. Dollars (USD) and are billed on a monthly recurring basis unless otherwise stated.
- Basic access to public alert channels
- Community Discord access
- Limited alert frequency
- No priority notifications
- Full alert access, all monitored stores
- Priority Discord notification role
- Founding rate: $5/mo (locked — see §8)
- Standard rate: $9/mo for new subscribers
- All Trainer benefits
- Earliest-access alerts
- Access to both PokeCardRadar & B&A Vault tools
- Dedicated Champion role in Discord
Prices displayed above are current as of the effective date of these Terms. We reserve the right to change pricing for the Trainer and Champion tiers upon 30 days' advance notice to existing subscribers. The Founding Member rate lock described in Section 8 provides specific contractual protection against price increases for eligible subscribers.
The Scout tier is provided at no charge and does not require payment information. We reserve the right to modify, limit, or discontinue the Scout tier at any time with 14 days' notice posted on the website.
Tier Feature Changes
Specific features within each tier are described in detail on the pricing page at pokecardradar.com. Features may be added, modified, or removed over time. We will not remove a core feature from a paid tier without providing 30 days' notice. Adding new features or adjusting alert coverage does not constitute a material change requiring notice.
6 Billing, Auto-Renewal & FTC Negative Option Disclosure
RECURRING CHARGE NOTICE: By subscribing to a paid PokeCardRadar tier, you authorize PokeCardRadar LLC to charge your payment method on a monthly recurring basis at the applicable subscription rate:
| Plan | Charge Amount | Frequency | Next Charge |
|---|---|---|---|
| Trainer (Founding) | $5.00 USD | Every 30 days | 30 days after initial payment |
| Trainer (Standard) | $9.00 USD | Every 30 days | 30 days after initial payment |
| Champion | $15.00 USD | Every 30 days | 30 days after initial payment |
Your subscription will automatically renew each month until you cancel. You will be charged the amount shown above on your renewal date unless you cancel before that date in accordance with Section 7. Cancellation instructions are provided immediately below.
This disclosure is provided pursuant to the FTC's Negative Option Rule, 16 CFR Part 425 (as amended, effective 2024), which requires clear and conspicuous disclosure of all material subscription terms prior to obtaining billing consent.
Billing Date and Proration
Your billing cycle begins on the date you first subscribe and renews on the same calendar day each month (or the closest valid date if the month is shorter). We do not prorate partial months on cancellation — you retain access through the end of the paid billing period.
Failed Payments
If a recurring charge fails, we will attempt to retry the charge up to three times over a 7-day grace period. You will receive an email notification of the failed charge. If payment is not successfully collected after the grace period, your account will be downgraded to the Scout tier and your Founding Member rate lock (if applicable) will be forfeited as described in Section 8. You may resubscribe at the then-current standard rate.
Refund Policy
All subscription fees are non-refundable except as expressly stated in these Terms or required by applicable law. We do not issue refunds for partial billing periods. Exceptions may be granted at our sole discretion in cases of (a) extended documented service outage directly caused by us lasting more than 72 consecutive hours, (b) billing errors demonstrably caused by our systems, or (c) account termination by us for reasons other than your breach of these Terms.
Price Changes
We will provide at least 30 days' advance notice of any price increase via email to your registered address and a notice posted on the website. If you do not cancel before the new price takes effect, your continued subscription constitutes acceptance of the new pricing. The Founding Member rate lock in Section 8 provides additional contractual protections against price increases for eligible subscribers.
Taxes
Subscription prices are exclusive of applicable taxes. You are responsible for all sales, use, or other taxes imposed by your jurisdiction on your subscription purchase. Where required by law, we will collect and remit applicable taxes.
7 Cancellation Policy
Consistent with the FTC's Click-to-Cancel requirement under 16 CFR Part 425, cancellation of your subscription is available through the same online mechanism used to subscribe — your Square subscription portal — and requires no more steps than the original sign-up process. You do not need to call anyone or speak with a representative to cancel.
How to Cancel
You may cancel your subscription at any time using either of the following methods:
- Self-Service (Preferred): Log in to your Square subscription portal using the link provided in your subscription confirmation email or accessible from your account page at pokecardradar.com. Navigate to "Manage Subscription" and select "Cancel Subscription." Cancellation takes effect at the end of your current billing period.
- Email Request: Send an email to with the subject line "Cancel My Subscription" and include the email address or Discord username associated with your account. We will process the cancellation within 2 business days and confirm via reply email. Cancellation takes effect at the end of your current billing period.
Effect of Cancellation
Upon cancellation:
- You retain full tier access through the end of your current paid billing period.
- No further charges will be made to your payment method after the current billing period ends.
- Your account will revert to the Scout tier upon expiration of the paid period.
- If you were a Founding Member, your $5/mo rate lock is permanently forfeited as described in Section 8. Resubscription will be at the then-current standard rate.
- Your Discord roles corresponding to your paid tier will be removed at the end of the billing period.
No Penalty for Cancellation
There is no cancellation fee, penalty, or minimum subscription commitment. You may cancel at any time without incurring any additional charge beyond the current billing period.
Disputes Regarding Unauthorized Charges
If you believe you were charged after a cancellation was confirmed, contact us at within 30 days with your cancellation confirmation and we will investigate and issue a refund if the charge was made in error. If you did not receive a cancellation confirmation, use the email method above and retain your sent email as evidence of the request.
8 Founding Member Rate Lock
Subscribers who joined the Trainer tier at the $5.00/month founding rate during the designated founding member enrollment period are eligible for the Founding Member Rate Lock. This section governs the terms and conditions of that rate lock.
What Is Locked
Eligible Founding Members will be charged $5.00 USD per month for the Trainer tier for as long as their subscription remains active and continuously paid. PokeCardRadar LLC commits not to raise the monthly subscription price for Founding Members beyond $5.00 so long as the conditions below are met.
Conditions for Rate Lock Maintenance
The Founding Member rate lock remains in effect only while all of the following conditions are satisfied:
- Your subscription has been continuously active since your founding enrollment date, with no gap or lapse in payment.
- Your subscription has not been voluntarily cancelled, whether subsequently resubscribed or not.
- Your account has not been suspended or terminated by PokeCardRadar for violations of these Terms.
- You have not initiated a chargeback or payment dispute that was resolved in your favor and required reversal of a subscription charge (which would be treated as a cancellation for rate lock purposes).
The Founding Member rate lock is permanently forfeited upon any of the following events:
- Voluntary cancellation of your subscription, even if you resubscribe immediately thereafter.
- Payment failure not cured within the 7-day grace period described in Section 6, resulting in downgrade.
- Account termination by PokeCardRadar for cause.
- A billing dispute or chargeback that results in reversal of a subscription payment.
Once forfeited, the founding rate cannot be restored under any circumstances. Resubscription after forfeiture will be at the then-current standard Trainer rate (currently $9.00/month or such other rate as may then be in effect).
Scope of Rate Lock
The rate lock applies exclusively to the Trainer tier monthly subscription price. It does not apply to: Champion tier pricing; any future add-on features offered at additional cost; applicable taxes; or any fees imposed by Square or your payment provider. If Founding Member perks are expanded or the Trainer tier is materially upgraded, the $5.00 founding rate continues to apply to the base tier access.
Rate Lock and Service Continuation
The rate lock does not obligate PokeCardRadar LLC to continue operating the Service indefinitely. If we discontinue the Service entirely, Founding Members will receive a pro-rated refund for the unused portion of their last billing period, identical to any other subscriber.
9 Alert Limitations & Accuracy Disclaimer
PokeCardRadar provides notification signals — not guarantees of purchase opportunity. Subscribing to our service does not guarantee that you will be able to purchase any Pokémon TCG product, obtain it at any particular price, or that any alert you receive will result in available inventory when you respond to it.
Nature of Alerts
Our alerts are generated based on automated monitoring of publicly available data signals including (but not limited to) retailer website inventory status, pricing feeds, social media posts, and community reports. These signals are inherently imprecise and subject to rapid change. A product that appears to be in stock when an alert is triggered may be sold out by the time you receive the alert, visit the retailer, or attempt to purchase.
No Accuracy Guarantee
We expressly disclaim any warranty that:
- Any alert accurately reflects current in-store or online inventory at the time of delivery.
- Pricing information contained in alerts is accurate, complete, or current.
- Alerts are delivered in real time — network latency, Discord delivery delays, and processing time may create gaps between a restock event and your receipt of notification.
- All restock events at monitored stores will generate an alert — we do not guarantee complete coverage.
- Geographic scope of monitoring is exhaustive — coverage may be limited to specific Florida regions or retail chains depending on your subscription tier.
No Responsibility for Purchase Outcomes
PokeCardRadar LLC is not responsible for any costs, losses, or disappointments you incur in responding to an alert, including but not limited to: travel expenses to a physical retail location where product was unavailable upon arrival; time spent attempting to purchase online; scalper pricing or secondary market prices encountered; or any purchases made based on inaccurate pricing information in an alert.
Third-Party Retailers
We have no control over the inventory, pricing, purchase limits, policies, or operations of any retailer whose stock we monitor. Retailer systems, websites, and policies may change at any time. We are not a party to any transaction between you and a retailer and are not responsible for retailer conduct, purchase limits imposed by retailers, shipping issues, or product quality.
Service Interruptions
The Service may experience outages due to Discord platform issues, infrastructure maintenance, third-party API failures, or other technical problems. We do not guarantee uninterrupted service and are not liable for missed alerts resulting from service interruptions beyond our reasonable control. If a service outage of more than 72 consecutive hours occurs due solely to our infrastructure, we will credit your account with a proportional subscription credit.
10 User Conduct & Discord Community Rules
As a subscriber, you gain access to our private Discord server ("Community"). Participation in the Community is a privilege, not a right, and is subject to the conduct standards below in addition to Discord's own Terms of Service and Community Guidelines.
Community Standards
You agree to:
- Treat other members, moderators, and staff with respect, regardless of differing opinions.
- Use designated channels for their stated purposes — alert discussion in alert channels, general chat in designated channels, etc.
- Refrain from spoiling or re-posting exclusive paid-tier alerts in public forums, social media, or competing services.
- Report technical issues, inaccurate alerts, or suspected bugs through designated support channels rather than disrupting community channels.
- Comply with moderator direction promptly and respectfully.
Alert Sharing Policy
Paid-tier alerts are provided for your personal use only. Sharing, reposting, screenshotting, or redistributing paid tier alerts — in whole or in part — to non-subscribers, competing services, or public social media is strictly prohibited and constitutes a material breach of these Terms. Violation may result in immediate account termination without refund.
Enforcement
Our moderation team may issue warnings, mute, kick, or ban members from the Discord server for conduct violations. Discord bans that result from conduct violations may be accompanied by account suspension or termination at our discretion. Bans for serious violations (e.g., alert redistribution, doxxing, harassment) may be immediate and permanent without prior warning.
11 Prohibited Uses
The following uses of the Service are expressly prohibited. Engaging in any prohibited use is a material breach of these Terms and may result in immediate termination of your account and subscription without refund, and may expose you to civil or criminal liability.
Technical Prohibitions
- Accessing the Service through automated means, bots, scripts, or crawlers without prior written consent.
- Attempting to reverse engineer, decompile, or extract the source code of any part of the Service or its alert systems.
- Interfering with, overloading, or attempting to disrupt the Service infrastructure, Discord server, or monitoring systems.
- Attempting to gain unauthorized access to other users' accounts or data.
- Using the Service in connection with any malware, phishing scheme, or fraudulent activity.
Commercial Prohibitions
- Using alerts to operate a competing alert or notification service.
- Reselling, sublicensing, or otherwise transferring access to the Service or its alerts to third parties.
- Systematic commercial data scraping of alert data for use in third-party tools or databases.
- Using the Service's brand, name, or alerts in commercial advertising without written consent.
Content Prohibitions
- Posting or transmitting through our Community: unlawful content, hate speech, threats, sexual content, content that infringes third-party intellectual property, or content designed to defraud or deceive other members.
- Impersonating PokeCardRadar staff, moderators, or other users.
- Posting personal information about other users without their explicit consent (doxxing).
- Coordinating group activities designed to unfairly disadvantage other subscribers or members.
Legal Prohibitions
- Using the Service in violation of any applicable local, state, federal, or international law or regulation.
- Using the Service in connection with market manipulation, price-fixing, or any conduct that violates consumer protection law.
12 Intellectual Property
Our IP
The Service — including the website, alert system, monitoring technology, original text content, visual design, logo, branding, and the "PokeCardRadar" name — is the proprietary intellectual property of PokeCardRadar LLC. All rights not expressly granted are reserved. No license to our intellectual property is granted by these Terms except the limited right to use the Service as a subscriber for personal, non-commercial purposes.
License to You
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. This license does not include the right to copy, modify, create derivative works from, republish, or redistribute any part of the Service.
Your Content
By posting content in our Discord Community (including messages, images, and feedback), you grant PokeCardRadar LLC a non-exclusive, royalty-free, perpetual license to display and use that content within the Community and in promotional materials describing the Community (e.g., screenshots in marketing). You retain ownership of your content and may request deletion, which we will honor within a reasonable time.
Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without compensation or attribution. You waive any moral rights in such feedback to the extent permitted by law.
DMCA
We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe content in our Community infringes your copyright, send a notice to containing the information required by 17 U.S.C. § 512(c)(3).
13 Pokémon Trademark Disclaimer
PokeCardRadar is an independent fan-operated service. We are not affiliated with, sponsored by, endorsed by, or in any way associated with The Pokémon Company International, Nintendo, Game Freak, Inc., or Creatures Inc.
The terms "Pokémon," "Pokémon TCG," associated Pokémon character names, and related marks are registered trademarks of Nintendo, Game Freak, and Creatures Inc., licensed to The Pokémon Company International. These marks are used throughout this website and in our services under the doctrine of nominative fair use — solely to identify and describe the third-party products that our alert service monitors. We make no claim to ownership of any Pokémon trademark, trade dress, or intellectual property.
Our use of Pokémon-related terminology serves only to accurately describe the subject matter of our monitoring service (Pokémon Trading Card Game retail product restocks) and does not suggest sponsorship, endorsement, or affiliation. The name "PokeCardRadar" is our original brand and is not a mark of The Pokémon Company or its affiliates.
All Pokémon-related intellectual property rights remain with their respective owners. If you are a representative of The Pokémon Company International or its affiliates and have concerns about our use of trademarks, please contact us at before taking legal action, as we are committed to good-faith compliance with trademark law.
14 Privacy Policy Reference
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes what personal data we collect (including data obtained via Discord OAuth), how we use and protect it, how we share it with third parties (Square for billing, Discord for authentication), your rights regarding your data, and how to exercise those rights.
Florida Information Protection Act (FIPA)
We comply with the Florida Information Protection Act (§ 501.171, Fla. Stat.). In the event of a data breach that compromises the security of personal information of Florida residents, we will provide notice to affected individuals within 30 days of discovering the breach, to the extent required by FIPA. Notice will be delivered via email to registered addresses and posted prominently on the website.
CAN-SPAM Compliance
Marketing emails we send (separate from transactional service emails such as billing receipts and cancellation confirmations) comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Every marketing email includes a clear unsubscribe mechanism. Unsubscribe requests from marketing emails will be honored within 10 business days. Note that unsubscribing from marketing emails does not cancel your subscription or affect transactional service communications.
Data Retention
We retain account data, billing records, and subscription history for a minimum of 5 years following account termination as required for tax compliance, legal dispute resolution, and fraud prevention. Discord OAuth tokens are not stored permanently; we store only the Discord user ID required to identify your account.
15 Payments
Payment Processor — Square
All subscription payments are processed by Square, Inc. ("Square"), a PCI DSS-compliant payment processor. PokeCardRadar LLC does not store, transmit, or have access to your full payment card number, CVV, or other sensitive payment credentials. Those are held exclusively by Square pursuant to Square's privacy policy and security practices.
Square's Terms Govern Payment Disputes
By subscribing, you also agree to be bound by Square's Terms of Service as they relate to payment processing. Disputes about payment authorization, fraud, or card transactions are subject to Square's policies and the policies of your issuing bank. We will cooperate with Square in any payment dispute process but have limited control over outcomes once a chargeback or dispute is filed with your card issuer.
Chargebacks
Initiating a chargeback for a subscription charge without first contacting us to seek resolution is a violation of these Terms. If a chargeback is filed against us and we prevail, you may be responsible for chargeback fees imposed on us by Square. We reserve the right to permanently terminate accounts of users who initiate chargebacks for subscription services they used without seeking prior resolution through our support channels.
Payment Method Updates
You are responsible for keeping your payment method on file with Square current and valid. If your card expires or is replaced, update your payment information in your Square subscription portal before your next billing date to avoid service interruption and potential rate lock forfeiture.
16 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POKECARDRADAR LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY — We make no warranty that the Service is of merchantable quality or fit for any particular purpose.
- FITNESS FOR A PARTICULAR PURPOSE — We make no warranty that the Service will meet your specific needs or expectations, including successfully enabling you to purchase Pokémon TCG products.
- NON-INFRINGEMENT — We make no warranty that the Service does not infringe third-party rights, though we make reasonable efforts to ensure compliance.
- ACCURACY AND RELIABILITY — We make no warranty that alerts are accurate, timely, complete, or error-free.
- UNINTERRUPTED SERVICE — We make no warranty that the Service will be available at any particular time or operate without interruption, latency, or error.
- THIRD-PARTY CONDUCT — We make no warranty regarding the availability, pricing, or conduct of any retailer whose inventory we monitor, or the performance of Discord, Square, or any other third-party platform integrated with our Service.
Some jurisdictions do not allow the exclusion of implied warranties. To the extent such laws apply to you and limit our ability to disclaim warranties, the limitations in this section apply to the maximum extent permitted by law in your jurisdiction.
We do not warrant that the Service is free from viruses or other harmful components. You assume responsibility for configuring your devices and Discord account securely.
17 Limitation of Liability
THIS SECTION LIMITS THE REMEDIES AVAILABLE TO YOU. READ IT CAREFULLY BEFORE SUBSCRIBING.
Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POKECARDRADAR LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY:
- Indirect, incidental, special, punitive, exemplary, or consequential damages;
- Loss of profits, revenue, business opportunity, or anticipated savings;
- Loss of data or goodwill;
- Costs of substitute services;
- Damages arising from missed purchase opportunities due to inaccurate or delayed alerts;
- Travel, fuel, or time costs incurred responding to an alert that proved inaccurate;
- Damages arising from Discord platform outages, Square payment processing failures, or other third-party service failures.
These exclusions apply regardless of whether the claim arises in contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether we were advised of the possibility of such damages.
Aggregate Liability Cap
IN ALL CASES WHERE LIABILITY IS NOT EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF POKECARDRADAR LLC TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO POKECARDRADAR LLC DURING THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
This cap applies to all claims in aggregate, not per claim. For Scout (free) tier users, the aggregate liability cap is $10.00 USD.
Section 230 Protection
Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230), PokeCardRadar LLC is not the publisher or speaker of content posted by users in our Discord Community. We are not liable for user-generated content posted in Community channels, including but not limited to advice, tips, or information posted by other subscribers.
Essential Basis
The limitations of liability in this Section reflect a reasonable allocation of risk between us and you. They are an essential element of the basis of the bargain between us, and our pricing would not be sustainable without them. If applicable law does not allow certain exclusions or limitations, those exclusions will apply to the maximum extent permitted.
18 Indemnification
You agree to defend, indemnify, and hold harmless PokeCardRadar LLC and its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Service;
- Your violation of any provision of these Terms;
- Your violation of any applicable law or regulation;
- Your violation of any third-party rights, including intellectual property rights or privacy rights;
- Content you post in our Discord Community;
- Any dispute between you and another subscriber or user of the Service;
- Your redistribution or unauthorized sharing of paid-tier alerts or Service content.
We reserve the right to assume exclusive control of any matter subject to indemnification by you, at our expense. You agree to cooperate with us in asserting available defenses and will not settle any claim without our prior written consent. This indemnification obligation survives termination of your account or these Terms.
19 Modifications to Terms
We reserve the right to modify these Terms at any time. The frequency and scope of our operations may require periodic updates to keep these Terms current with applicable law or business changes.
Notice of Material Changes
For any material change to these Terms — including changes to pricing (except as governed by Section 8), arbitration procedures, limitation of liability, or your substantive rights — we will provide at least 30 days' advance notice through:
- Email to the address associated with your account; and
- A banner notice displayed prominently on pokecardradar.com; and/or
- A pinned announcement in the subscriber Discord server.
Minor Changes
We may make non-material changes (such as clarifications, typographical corrections, or updates to contact information) by posting the updated Terms on our website with an updated effective date, without prior notice. We encourage you to review these Terms periodically.
Effect of Continued Use
Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with any modification, your sole remedy is to cancel your subscription in accordance with Section 7 before the modification takes effect.
Version Archive
Prior versions of these Terms will be archived and available upon request to .
20 Governing Law & Dispute Resolution
Governing Law
These Terms and any dispute arising out of or related to them or the Service shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal Resolution
Before initiating arbitration, you agree to contact us at and attempt to resolve the dispute informally for a period of at least 30 days. Many disputes can be resolved quickly and at no cost to either party. If the dispute is not resolved within 30 days of written notice, either party may proceed to arbitration as described below.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Binding Arbitration
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes"), shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time of the dispute, as modified by these Terms.
Arbitration shall be conducted in Florida, or remotely by video/phone if both parties agree. The arbitrator will apply Florida law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable statutes of limitations. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
YOU AND POKECARDRADAR LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to bring or participate in any class action lawsuit, class-wide arbitration, or any claim brought in a representative capacity. The arbitrator may not consolidate more than one person's claims.
If this class action waiver is found unenforceable as to a particular claim, that claim shall be severed and heard in court rather than arbitration, while all other claims proceed in arbitration.
Small Claims Court Carve-Out
Notwithstanding the above, either party may bring an individual claim in small claims court in Florida if the claim is within that court's jurisdictional limits and the matter qualifies. Small claims court actions must be brought in your county of residence or in Miami-Dade County, Florida, at our election.
Venue for Non-Arbitrable Claims
For any claims not subject to arbitration (including enforcement of arbitration awards, injunctive relief for IP infringement, or claims where the arbitration clause is found unenforceable), you consent to exclusive personal jurisdiction and venue in the state and federal courts located in Florida, and waive any objection to that venue.
Statute of Limitations
Any claim arising out of or related to these Terms or the Service must be brought within one (1) year of the date the claim accrued, regardless of any statute of limitations that might otherwise apply. Claims not brought within this period are permanently barred.
Florida FDUTPA
Nothing in this Section shall be construed to waive any rights you may have under the Florida Deceptive and Unfair Trade Practices Act (§ 501.201–501.213, Fla. Stat.), including the right to seek actual damages and attorneys' fees for violations of FDUTPA. FDUTPA claims may proceed in arbitration on an individual basis. PokeCardRadar LLC represents that it will not engage in deceptive or unfair trade practices as defined under FDUTPA.
21 Contact Information
For questions about these Terms, subscription billing, cancellations, data privacy, or any other matter related to the Service, please contact us:
- Entity Name
- PokeCardRadar LLC
- State of Formation
- Florida, USA
- Email (General & Legal Notices)
- Website
- pokecardradar.com
- Subscription Management
- Accessible via your Square subscription portal or by emailing
- Discord Community
- Link provided upon account creation and in your welcome email
- DMCA & IP Notices
- — subject line: "DMCA Notice"
- Data Privacy Requests
- — subject line: "Privacy Request"
For formal legal notices required under these Terms (such as dispute notices, DMCA takedowns, or notices of breach), send to with "Legal Notice" in the subject line. We will confirm receipt within 3 business days. Notices sent to other addresses may not be deemed valid legal notice.
Miscellaneous Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and PokeCardRadar LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future. No waiver of any breach constitutes a waiver of any subsequent breach.
Assignment. You may not assign or transfer these Terms or your subscription rights without our prior written consent. We may assign these Terms or delegate our obligations in connection with a merger, acquisition, sale of substantially all our assets, or reorganization, provided the assignee assumes all obligations herein.
Headings. Section headings in these Terms are for convenience only and have no legal or contractual effect.
Force Majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, internet infrastructure failures, government actions, strikes, power outages, or third-party platform outages (including Discord or Square service disruptions).
No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any third party.