These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and described in a submission form (“Submission Form”):
You are submitting collectible(s) for certification by eSports Grading (“Company”).
The Customer shall complete all submission information on the Submission Form, and package and ship all collectibles, in accordance with the instructions on the Submission Form. Customer represents and warrants to each Company that the Declared Value set forth on the Submission Form represents Customer’s good faith belief as to the market value of the collectible. If a Company determines that collectibles are undervalued, it will adjust the Services and fees according to its determination of the fair market value of the collectible. However, Company will not adjust the Declared Value stated by the Customer. If a Company determines that collectibles are submitted for Services for which they do not qualify, it will adjust the Services and fees as appropriate. Regardless of the particular Services Customer requested for submitted collectibles, Company reserves the right to refuse to grade the submitted collectible or use a separate grading criteria.
The Customer represents and warrants that they have no knowledge and no reasonable basis for belief that any collectible submitted is not genuine or contains any non-disclosed alterations or restorations, including, but not limited to, trimming, re-coloring, bleaching, power erasing, re-backing, artificially toning, applying or removing punches or stamps, or any other method used to change or enhance the appearance, condition, or content of a collectible (collectively “Tampering” or “Tampered”). The Customer acknowledges that Tampering is wrongful and violations of this Section 3 shall entitle Company to compensatory damages and injunctive relief, as appropriate.
If any collectibles are being submitted for a third party, the Customer represents and warrants that the third party has authorized Customer to submit the collectibles for the Services and agrees to be bound by Section 3 above.
The Customer agrees to pay the Company all Services fees at the time of submission. If payment is being made by credit card, Customer agrees that Company may charge all Services fees to the credit card upon receipt of the Submission Form. Unpaid balances shall accrue interest at the rate of 1.0% per month until paid. The Customer hereby grants to the Company a security interest in the collectibles submitted to secure payment of any Services fees. In addition to such security interest, the Customer agrees that the Company may hold any collectibles or other property submitted by the Customer until the Customer has paid in full all outstanding balances, regardless of whether such balances are related to such collectibles or other property.
The Customer assumes all risk of loss or damage to collectibles. The Company’s provision of Services commences upon receipt of a submission of collectibles from Customer. Once a submission of collectibles is delivered to Company, the Services cannot be cancelled or altered by Customer.
The Company will compile data regarding, and make digital images of, collectibles submitted for Services. As partial consideration for the performance of Services, Customer hereby authorizes the Company to compile such data and make such images and agrees that the Company shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.
The Customer acknowledges that certain collectibles may be more susceptible to damage due to the state in which they are provided by the Customer to the Company (for example, collectibles that are extremely thin; collectibles that are extremely fragile or brittle). The Customer further acknowledges that certain paper collectibles may be more susceptible to damage, even when reasonable care is exercised in handling them, due to the state in which they are provided by the Customer to the Company (for example, items that are worn, fragile, or brittle) and/or the properties, characteristics and quality levels of the materials of which the items are composed (for example, comic books with glossy covers, which may experience ink flecking or “color lift” even when encapsulated). The Company will use reasonable care with respect to collectibles submitted to it for Services. In the event that a Company determines that a collectible is damaged due to negligence or lost while in the Company’s possession, the Customer’s sole remedy will be compensation based upon the Company’s good faith determination of the fair market value of the collectible, in light of what the Company believes to be reliable current market information.
The Company maintains a list of current terms and conditions applicable to particular submission types and Services on its website. Customer agrees to any such applicable terms and conditions and subsequent amendments.
HOLDERS FOR COLLECTIBLES ARE DESIGNED TO BE TAMPER-EVIDENT AND EXTREMELY DIFFICULT FROM WHICH TO REMOVE A COLLECTIBLE. DUE TO THE INHERENT RISKS INVOLVED IN REMOVING COLLECTIBLES FROM HOLDERS, IN THE EVENT THE SERVICES INVOLVE REMOVING A COLLECTIBLE FROM ITS HOLDER, THE CUSTOMER AGREES TO RELEASE, WAIVE, AND DISCHARGE THE COMPANY AND THEIR DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (“RELEASEES”) FROM ALL LIABILITY TO THE CUSTOMER AND ITS ASSIGNS, AND COVENANTS NOT TO SUE RELEASEES IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF ANY RELEASEE’S EFFORTS TO FULFILL THE CUSTOMER’S REQUEST TO REMOVE A COLLECTIBLE FROM A HOLDER, UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY.
The Company will use commercially reasonable efforts to perform the Services in accordance with the then-current description of such Services set forth on their websites and within the time frames indicated thereon.
The Company does not provide grade protection or any type of guarantee for collectibles submitted to them.
The Company has the right in its sole discretion to reject any collectibles submitted for Services in cases where the submitted collectibles do not comply with a Company’s then-current standards and procedures set forth on its website. Because even collectibles that are ultimately rejected must still be received, tracked and examined, fees for Services shall not be refunded for such rejected collectibles.
The Customer agrees to notify the Company of any changes in Customer’s contact information. If Customer-submitted property remains unclaimed for a period of one (1) year from submission, Company may dispose of such property in any manner without liability. Company may also charge Customer for reasonable costs and expenses incurred in storing ($1 per collectible per month) and insuring (1% of declared value per month) the unclaimed property.
THE CUSTOMER ASSUMES ALL RISK OF LOSS OR DAMAGE TO COLLECTIBLES DURING RETURN SHIPMENT FROM THE COMPANY TO THE CUSTOMER. The Customer is responsible for selecting a courier for the return shipping. The Customer understands and agrees that Company cannot purchase insurance on any international return shipments. Customer is strongly encouraged to procure Customer’s own insurance for return shipment.
The Customer must inspect all collectibles immediately upon receipt from a Company. The Company shall have no liability for any damage or errors unless reported to Company within Seven (7) days of the Customer’s receipt of the collectibles from the Company. Any liability of a Company is subject to the limitations in Section 8 above.
Customer agrees to return to the Company, at the Company’s expense, any collectible bearing a clerical error made by the Company. The Company will, at its expense, correct the clerical error and return the corrected collectible to Customer. The Customer agrees to indemnify, defend and hold Releasees harmless from and against all claims, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising directly or indirectly from the Customer’s failure to comply with this Section
In the event a collectible submitted by the Customer is determined, at any time, to be not genuine or have been tampered with, the Customer shall provide reasonable cooperation to the Company and to any subsequent owner of such collectible, including the reversal of any sales transaction involving the Customer and such subsequent owner or intermediate purchaser or transferee.
EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE COMPANY AND / OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS TO THE CUSTOMER OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES ORDERED PURSUANT TO THIS ORDER FORM.
The laws of the state of Nevada, without regard to its choice-of-law principles, shall apply to transactions and / or disputes between the Company and the Customer. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the courts of the state of Nevada; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.
We are a young vibrant company looking to serve the needs of the collectible community. Our team have been gamers and collectors all our lives. Our team has been in the gaming industry for the last 25 years.