Terms of Service

Porter & Pearl – Customer Terms of Service
These Terms of Service (TOS) are a binding agreement between you (whether as an individual or in a corporate capacity) and Porter & Pearl (“P&P”), which will govern the relationship between P&P, users of the website and anyone who purchases or provides an Experience (as defined below) with P&P’s assistance. By using the website, interacting with P&P, or purchasing or providing an Experience, you agree to be bound by these TOS and any subsequent changes, when the changes are published on the Porter & Pearl website.

P&P provides customized concierge services to facilitate the purchase of unique items, goods, collectables, rarities, or other products in physical or digital form (such as but not limited to sports memorabilia), and/or experiences, activities, or interactions, as they are described by the Experience Provider and agreed to by the user, including but not limited to, price, date, and time (collectively and individually, the “Experience”) from or with a third party (the “Experience Provider”).  P&P is a third-party intermediary between the user and the Experience Provider, and is not responsible for the Experience, but only for the facilitation of delivering the Experience between the user and the Experience Provider and collecting payments for the Experience. Services offered may change at P&P’s discretion, with no prior notice.

P&P reserves the right to change the TOS at any time by publishing an updated version on the P&P website, and your engagement with the website, or purchase or providing of an experience means you consent to the TOS.  Do not use the website, or provide or purchase an Experience if you do not agree to be bound by the TOS. The most-current version of this TOS published on the P&P website will be the controlling document.

By interacting with the website, or purchasing or providing an Experience, the user and/or Experience Provider represents that he or she is eighteen (18) years of age or older and is lawfully allowed to provide or purchase and partake in the Experience. Verify any age or other restrictions or qualifications before purchasing the Experience, as P&P is not liable if an Experience is purchased and the user is not in compliance with applicable laws, rules and the TOS. We do not knowingly collect information from minors.

Experience purchasers are responsible for complying with any additional requirements (such as, by way of example only, a waiver and liability release) required by the Experience Provider. Failure to comply may result in forfeiture of the Experience, and P&P is not responsible for a refund or exchange of the Experience. Additionally, P&P has no control regarding any interaction that may occur during the Experience, with the Experience Provider, or any other parties, and expressly disclaims any responsibility associated with such interactions.  

When a user initiates a purchase for an Experience, they will be required to pay a twenty-five percent (25%) deposit of the initially quoted price. After finalizing the scope of the Experience in writing, P&P will secure the Experience and bill the user for the final balance within (24) hours of confirmation from P&P that the Experience is booked. If P&P cannot obtain the entire scope of the Experience, then the user and P&P can agree to modify the Experience by written agreement, or P&P will refund the deposit (minus a $100 sourcing fee) to the purchaser. The cost of the Experience will include all fees, taxes, expenses, and other costs associated with the Experience and its transaction.

P&P will collect payment based on your account information and you are responsible for the entire cost of the Experience.  By purchasing an Experience, the user agrees that P&P may charge the account, and the holder of the account is responsible for expenses associated with the purchase, including financial charges.

If the Experience cost is more than $10,000 USD, P&P will provide instructions for wiring payments. Payment must be received and confirmed by P&P before the Experience will be fulfilled. For Experiences where the time and location are negotiated by P&P, the purchaser and the Experience Provider must agree to the time and/or location of the Experience before final payment is due. If this cannot be negotiated, the deposit (minus a $100.00 sourcing fee) will be refunded within ten (10) business days.

If the Experience is a product, such as an item of memorabilia, the purchaser will be charged the actual cost of the product Experience. Upon confirmation from the Experience Provider, the purchaser will be billed for additional costs, including but not limited to shipping, insurance and any customs, duties or other associated expenses, including those of refusal at the time the Experience product is shipped, unless otherwise stated in writing. Please review the Experience agreement carefully to confirm the shipping method and that the Experience Provider will ship to the address provided. Neither P&P nor the Experience Provider is required to ship any product Experience to a location where delivery is restricted or prohibited by applicable rule or law.  P&P has no responsibility once a product Experience has shipped, or for the errors or omissions or carriers or packers of the product Experience; contact the mail carrier with any questions or concerns. There may be a processing time to complete the shipping of the Experience product, purchasers will be kept up-to-date about the shipping status of the product Experience. If you are unsatisfied with the Experience product upon arrival, or if you have any questions or concerns before placing your order for the Experience product, please reach out to us through the P&P website.

Costs which are not specifically stated in writing as part of the Experience as detailed by P&P in writing, such as but not limited to meals, travel, lodging, are solely the responsibility of the Experience purchaser and P&P will not be liable for these costs.

ALL EXPERIENCES ARE NON-REFUNDABLE UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY P&P. Experience purchasers will not dispute the charges with P&P and the only recourse will be against the Experience Provider. P&P does not verify or take any responsibility regarding the physical product Experience or any other Experience or the accuracy of the information provided by the Experience Provider.  

Cancellations and/or exchanges and/or returns or Experiences are governed by the terms of the agreement for the specific Experience purchased. Purchasers are responsible for reviewing the Experience agreement and the confirmation communications from P&P to accurately verify the information related to the Experience. All refunds are at the sole and absolute discretion of P&P. If the Experience is purchased as a gift, and the recipient and the Experience Provider cannot agree on the terms of the Experience, the recipient of the gift can request a credit only for the purchase amount of the Experience, which can be used to purchase another Experience from P&P.

An Experience purchased with the assistance of P&P will not be returnable or refundable, unless the Experience is cancelled and either (i) not rescheduled by the Experience Provider within one (1) year of purchase date or (ii) the Experience Provider cannot substantially fulfill the Experience, due to overall lack of ticket purchases, illness, or other circumstances, and does not reschedule a reasonably similar or comparable event within one (1) year of the date of cancellation. If (ii) occurs, the purchaser will receive notification at least (10) days in advance, or as soon as practicable, and the costs (minus a $100 sourcing fee and any applicable shipping or other costs associated with the transportation of a physical Experience) or 10% of the total costs, whichever is less) will be refunded. If the actions or conversation of the Experience purchaser or user make the Experience Provider uncomfortable or go beyond what is indicated in the Experience agreement, (for example but not limited to, conducting an interview with intent to publish, broadcast or otherwise make public without the prior written authorization of the Experience Provider and P&P) the Experience Provider reserves the right to disrupt or discontinue the Experience, without prior notice, at any time prior to the conclusion of the Experience, and no refund or credit will be forthcoming from P&P. In the case of ticketed events, P&P is not the ticket seller. Prices are set by sellers and may be above face value.

P&P is the third-party intermediary, and does not plan, host, operate or provide Experiences, and does not endorse any users, Experience Providers, or Experiences.  P&P, at its sole and absolute discretion, in addition to any requirements by the Experience Provider, which may or may not be listed in the Experience agreement, may verify identities of Experience purchasers or conduct background screening, including but not limited to a criminal background check.  The Experience purchaser or user may be asked to provide additional information or documents to proceed with the Experience.  If the background checks and/or identify verification do not come back to the satisfaction of the Experience Provider or P&P, then P&P, at its sole and absolute discretion, can refund the cost of the Experience (minus a $100 sourcing fee and actual expenses) and cancel the Experience. P&P does not make any representations or warranties regarding an Experience purchaser or use, or their identity or background of a user, even upon the completion of such background check and/or identity verification.

If the Experience Purchaser and the Experience Provider agree to change the details of a particular Experience, such as the date or time, content, or duration of the Experience, after P&P has arranged the Experience, P&P may charge a fee to accommodate the change.  Not all Experiences are eligible for changes. The Experience Provider and the Experience purchaser must agree to the changes, both in the Experience and the cost, and P&P will facilitate the documentation of the changes and the associated cost.  Any increase in cost will be billed by P&P within twenty-four (24) hours of the agreement approval. P&P is not responsible for any changes, their approval or disapproval, or their cost, or any other modifications to an Experience.  The Experience purchaser and the Experience Provider must communicate and agree to the changes through P&P and the Experience purchaser will be responsible for the costs unless otherwise agreed to in writing by the Experience purchaser, P&P and the Experience Provider. There will be no refunds of any of the change costs.

Experiences may not be resold after purchase without the prior written consent of P&P and the Experience Provider. No purchaser, including but not limited to members of the media, journalists and/or freelancers can purchase an Experience for the purpose of conducting an interview for broadcast, publication or other dissemination without the written consent of the Experience Provider and P&P in advance of the booking of the Experience.

P&P is not responsible for any personal injury, damage or harm resulting from the provision or purchase of, or participation in, any Experience or any interaction with any Experience purchaser or Experience Provider. The Experience Provider and the Experience purchaser or user are responsible for their own acts and omissions, and the acts and omissions of any individual invited to or otherwise enabled to participate in, an Experience, including without limitation any minors. Experience users are responsible for the supervision of all minor participants in connection with any Experience and the attendance of, or participation by, any unsupervised minors in an Experience is prohibited.    

Any legal remedy or liability sought arising from or related to an Experience, (including, without limitation, an Experience agreement or provision of any Experience) will be limited to a claim against the particular party(s) that caused the harm. No liability will be imposed on, and no legal remedy will be sought from, P&P, regarding the Experiences.

P&P is the sole and exclusive owner of all of its intellectual property. It does not claim any ownership of or control over Experience Provider content or any content or feedback provided by an Experience Purchaser or user. By interacting with the P&P site, the Experience purchaser, Experience participant and the Experience Provider hereby allow the use of any feedback or comments provided through the P&P website or otherwise to P&P to be used for marketing, advertising and promotional purposes with no compensation. Information includes but is not limited to text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to P&P through its website or otherwise.

Experience purchasers and Experience Providers and other users of the P&P website hereby acknowledge that the P&P website and its own content and services are protected by intellectual property laws, rules and regulations of the United States and foreign countries. Copyright, trademark, service mark or other proprietary rights notices of P&P will not to removed, altered or obscured. Experience purchasers and Experience Providers are solely responsible for all of their interactions they have with P&P, each other, and third parties as well as the content provided in the Experience agreement. Experience purchasers and Experience Providers hereby represent and warrant, by interacting with and providing information to P&P, that they own or have the license rights to grant to P&P regarding the content and information provided to P&P and third parties.  P&P is not responsible for, and the Experience purchaser and the Experience Provider remain completely liable for their respective content and actions, and the use and provision thereof to P&P or any third party, will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule, statute or regulation.

Any Experience purchaser or Experience Provider that interacts with P&P through the P&P website or otherwise hereby grants to P&P a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit non-confidential information for commercial, advertising and promotional purposes related to P&P’s business activities.

Experience purchasers and Experience Providers that interact with the P&P website, or offer or purchase Experiences with P&P’s facilitation, are required to follow certain terms of conduct.  If these terms are not followed, the Experience may be disrupted or terminated without any refund from or liability on the party of P&P, or P&P, at its sole and absolute discretion, with no liability to P&P, may choose to end the interaction and not complete the booking of the Experience.  

Terms of Conduct prohibit:
- the use of Experiences facilitated by P&P for any commercial, governmental or other purposes that are not expressly permitted by P&P in writing;
- copying, storing or otherwise accessing any information contained on the website or the Experiences for illegal, unethical or immoral purposes
- interfering with or damage the P&P website or Experiences facilitated by P&P, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- using the P&P website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- using the website in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;violating any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
- using manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the website or Experiences or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the website or Experiences;
- purchasing an Experience or otherwise representing that you are an individual other than yourself;
- recruiting or otherwise soliciting any Experience Provider or Experience purchaser to join third-party services or websites that compete with P&P, without P&P’s prior written approval;
- providing a false name, using an invalid or unauthorized credit card, or otherwise providing false, incorrect or misleading information. No Experience may be purchased or provided under a false name or alias, through fraudulent conduct, or conduct intended to interfere with the orderly conduct of P&P’s business, and no Experience purchaser or Experiences user or Experience Provider will impersonate any person or entity, or falsify or otherwise misrepresent their identity or affiliation with any person or entity;
- “stalking” or harassing any other user or Experience Provider or participant; mistreating any P&P employees, contractors, Experience Providers, guests, participants or other parties with actions including, but not limited to, using abusive language orally, verbally or in writing;
- post, upload, publish, submit or transmit any content of information, on social media or otherwise, that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
-using, displaying, mirroring or framing any or all of the content of P&P’s website, or any P&P trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without P&P’s advance express written consent;
- accessing, tampering with, or using non-public areas of the website;
- attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure to protect P&P’s website and/or any content therein;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website or the content therein;
- advocating, encouraging, or assisting any third party in doing any of the foregoing.

P&P does not have any responsibility to monitor the content on the P&P website, but does reserve the right to review or remove any website content, or to remove any Experience or to cease communication with Experience providers or Experience purchasers, whether actual or potential, without notice, in P&P’s sole discretion, with no liability on behalf of P&P. P&P will cooperate with law enforcement authorities as required or requested under applicable law. Notwithstanding anything contained within this document to the contrary, P&P may, at its sole and absolute discretion, withhold payment to an Experience Provider or a refund to an Experience purchaser if these TOS are breached or if any illegal or suspected illegal activity takes place, including breach of contract or fraud against P&P.

Upon termination or cancellation by any party, all payments due to P&P will become immediately payable and due and all accounts must be brought current before the account will be completely closed. Upon notification of termination, any rights or licensed granted by P&P will automatically terminate, and all Experience Provider listings will be closed. Notwithstanding anything contained within this document to the contrary, P&P may, at its sole and absolute discretion, withhold payment to an Experience Provider or User if the TOC are breached or if any illegal or suspected activity takes place, including breach of contract or fraud against P&P.

Experience purchasers, Experiences participants and Experience Providers will defend, indemnify and hold P&P and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) access to or use of the website or Experiences, including without limitation the offering or the purchase of an Experience; (b) breach of these TOS; (c) content communicated by or through P&P; or (d) any claim arising out of or related to the Experience, whether or not it is physical goods, including, but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.

THE EXPERIENCES AND THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, P&P EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. P&P MAKES NO WARRANTY THAT: (I) THE CONTENT OR EXPERIENCES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM OFFERING OR PURCHASING AN EXPERIENCE.

P&P MAKES NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE OR HISTORICAL RELEVANCE OR RARITY OF ANY EXPERIENCE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR EXPERIENCE OBTAINED THROUGH P&P’S WEBSITE OR OTHERWISE FACILITATED BY P&P.

P&P ASSUMES NO RESPONSIBILITY IF ANY EXPERIENCE PURCHASER OR EXPERIENCE PARTICIPANT OR EXPERIENCE PROVIDER FAILS TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. P&P EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY EXPERIENCE PURCHASER OR EXPERIENCE PARTICIPANT, EXPERIENCE PROVIDER OR OTHER THIRD PARTY. P&P DOES NOT AND CANNOT CONTROL INTERACTIONS BETWEEN EXPERIENCE PURCHASERS/EXPERIENCE PARTICIPANTS/ AND/OR EXPERIENCE PROVIDERS; P&P EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM SUCH INTERACTION. P&P’S RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE EXPERIENCES AND COLLECTING PAYMENTS. THE EXPERIENCE PROVIDER, NOT P&P, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. P&P EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM THE EXPERIENCE.

BY USING THE P&P WEBSITE OR OFFERING OR PURCHASING AN EXPERIENCE, EXPERIENCE PURCHASERS, EXPERIENCE PARTICIPANTS AND EXPERIENCE PROVIDERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXPERIENCE PURCHASERS, EXPERIENCE PARTICIPANTS AND/OR EXPERIENCE PROVIDER ASSUMES THE ENTIRE RISK ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE CONTENT AND EXPERIENCES, INCLUDING OFFERING, PURCHASING AND PARTICIPATION IN AN EXPERIENCE. P&P IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM OFFERING, PARTICIPATION IN OR PURCHASE OF ANY EXPERIENCE OR FULFILLMENT OF AN EXPERIENCE.

P&P IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE EXPERIENCES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE WEBSITE OR THE EXPERIENCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT P&P HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

IN NO EVENT WILL P&P’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR THE EXPERIENCES, OR THE OFFERING OF, PARTICIPATION IN OR PROVISION OF EXPERIENCES EXCEED THE AMOUNTS THE EXPERIENCE PURCHASER OR EXPERIENCE PARTICIPANT OR THE EXPERIENCE PROVIDER PAID TO OR WAS PAID BY P&P FOR EXPERIENCES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION.

Any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

By accessing and using the website, offering or purchasing Experiences from P&P, and unless there is a separate written agreement with P&P, any dispute will be resolved by arbitration unless otherwise prohibited by law. Venue will be in San Diego, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
Notwithstanding anything contained within this document to the contrary, P&P may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the P&P website or content thereon, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.

These TOS constitute the entire and exclusive understanding and agreement between P&P and Experience purchasers or Experience participants and Experience Providers regarding the website, its content, and the Experiences. If any provision of the TOS is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in full force and effect.

The TOS are not transferable or assignable, by operation of law or otherwise, without P&P’s prior written consent, in its sole and absolute discretion. P&P may freely assign or transfer the TOS without restriction. Subject to the foregoing, the TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.

Legal and other notices may be provided to P&P at its corporate address located on the P&P website.

P&P’s failure to enforce any right or provision of these TOS will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by P&P. Except as expressly set forth herein, the exercise by any party of any of its remedies under this TOS will be without prejudice to its other remedies under the TOS or otherwise.​

Updated: February 2022​