1.1 Company details. Strobe LLC (we, us, our), is a company registered in Wyoming and our registered office is at 312 W 2nd St Unit A2008 Casper, WY 82601-2412.
1.2 Site. https://pokemart.com (Site) is a site operated by us.
1.4 Not affiliated with game publishers. We are not affiliated with, endorsed by, or sponsored by Nintendo, Pokémon, or any other game publisher. All trademarks and product names are property of their respective owners. We sell our time and delivery services, not intellectual property. In-game virtual items never leave the game publisher's software and cannot be owned outside of that environment.
2. Eligibility
2.1 Age requirement. You must be at least 13 years old to use our Site. If you are under 18, you may only use our Site with the involvement and consent of a parent or legal guardian.
2.2 Compliance. You must comply with these Terms and all applicable laws while using our Site.
3. Acceptance of Terms of Service
3.1 By using our Site, you confirm that you accept these Terms and agree to comply with them.
3.2 If you do not agree to these Terms, you must not use our Site.
3.3 We recommend that you save a copy of these Terms for future reference.
4. Acceptance of Additional Terms
4.1 Our contract with you. These Terms of Service refer to the following additional terms, which also apply to your use of our Site: Privacy Policy.
4.2 Our contract. These terms and conditions (Terms) apply to the order by you and supply of delivery by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
4.3 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.
4.4 Language. These Terms and the Contract are made only in the English language.
5. Placing an Order and Order Acceptance
5.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the delivery specified in the order (Delivery) subject to these Terms.
5.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
5.3 Accepting your order. Our acceptance of your order takes place when payment is received, at which point the Contract between you and us will come into existence. The Contract will only be formed when we send you the confirmation email. We reserve the right to deny orders and payments deemed suspicious.
5.4 Final sales. All sales are final, except as provided in Section 6.
6. Return, Refund, and Chargebacks
6.1 Refund eligibility. You are only entitled to a refund if our Delivery was not accurate. Refunds are processed through the payment method used in the original purchase.
6.2 Alternative payment directions. Failure to follow alternative payment directions entitles you to a refund, minus any fees we incur in the refund process.
6.3 Chargebacks. If you initiate a chargeback for an order that was properly delivered, we reserve the right to (a) terminate your ability to use our Site, (b) forfeit any rewards points or credits associated with your account, and (c) pursue recovery of the disputed amount plus any fees incurred. We strongly encourage you to contact [email protected] before disputing any charge.
7. Pokemart Club Rewards Program
7.1 Eligibility. The Pokemart Club rewards program is open to customers who place orders on our Site. Points are earned automatically on completed orders based on the email address provided at checkout.
7.2 Points and redemption. Points are tied to the email address associated with the order and are non-transferable. Points may be redeemed for gift cards in the denominations offered on our Site, subject to a minimum redemption threshold.
7.3 No cash value. Points and gift cards issued through redemption have no cash value and cannot be exchanged for cash, transferred, or sold. Gift cards are usable only on our Site.
7.4 Expiration. Points do not expire under normal use. We reserve the right to expire points on accounts that have been inactive for an extended period, with notice.
7.5 Fraud and abuse. We reserve the right to audit, suspend, or revoke points and gift cards obtained through fraud, abuse, chargebacks, or violation of these Terms. Attempts to manipulate the program (including but not limited to creating multiple accounts, exploiting bugs, or circumventing security measures) may result in forfeiture of all rewards and termination of access to our Site.
7.6 Program changes. We reserve the right to modify, suspend, or terminate the rewards program at any time, including changes to earn rates, redemption values, gift card denominations, and program structure. We will make reasonable efforts to notify users of material changes.
8. Account Termination
8.1 Our right to terminate. We reserve the right to suspend or terminate your access to our Site, rewards program, or any services at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or chargebacks.
8.2 Effect of termination. Upon termination, any points, credits, or gift cards associated with your account may be forfeited. Pending orders may be cancelled at our discretion.
9. Our Liability
9.1 As-is basis. The Site and services are provided to you on an "as-is" basis. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 Excluded losses. Subject to clause 9.4, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information, or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.3 Liability cap. Subject to clause 9.4, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Delivery.
9.4 Exclusions. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by applicable law.
9.5 No warranties. Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Delivery. We will not be responsible for ensuring that the Delivery is suitable for your purposes.
10. Dispute Resolution and Arbitration
10.1 Informal resolution. Before filing a formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will try to resolve disputes within 30 days.
10.2 Binding arbitration. Any dispute arising out of or relating to these Terms or our Site that cannot be resolved informally shall be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
10.3 Class action waiver. YOU AND WE AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. Neither you nor we shall be entitled to participate in a class action or class-wide arbitration.
10.4 Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your intent to opt out.
11. Site Terms of Use Modifications
11.1 We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. Continued use of our Site after changes constitutes acceptance of the new Terms.
12. Site Availability
12.1 Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Site for business and operational reasons.
12.2 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.
13. Third-Party Links
13.1 We are not responsible for websites we link to. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
14. Security and Prohibited Conduct
14.1 No guarantee of security. We do not guarantee that our Site will be secure or free from errors, bugs, or viruses, and we exclude all liability in relation to these matters. You are responsible for configuring your information technology, computer programs, and platform to access our Site. You should use your own virus protection software.
14.2 Prohibited conduct. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You must not attack our Site via a denial-of-service attack or distributed denial-of-service attack. You must not use automated means (bots, scrapers) to access our Site without our written permission.
14.3 Violations. Violations of this section may constitute criminal offenses under applicable law, including the U.S. Computer Fraud and Abuse Act. We will report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity. In the event of such a breach, your right to use our Site will cease immediately.
15. General
15.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives), or posted as an update to these Terms.
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by the laws of the State of Wyoming and the United States, without regard to its conflict of laws rules. Subject to Section 10, each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the courts of Wyoming.
