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TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.protradingcardgrading.com (the "Site"). This Site is owned and operated by Pro Trading Card Grading. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Pro Trading Card Grading and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 21 years old. By using this Site, users agree that they are over 21 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
The following services are available on our Site:
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
All goods sold on our Site are non-refundable.
Refunds for Services
No returns accepted and all sales are final. Any damage of items during shipping must be handled via an insurance claim with the shipper/carrier (eg. USPS/UPS/FedEx). If cards submitted do not match the intake pictures submitted/approved, the cards will be sent back and no refund for the grading service given as shipping needs to be paid for to return the cards.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Pro Trading Card Grading and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims or loss. In no event will Pro Trading Card Grading be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Pro Trading Card Grading has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Pro Trading Card Grading's liability to Member/service user for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member/service user to Pro Trading Card Grading for the Services, damages, liabilities and expenses including legal fees from your use of the Site.
In no event shall Pro Trading Card Grading have liability to Customer for incidental, indirect, or consequential damages due to Pro Trading Card Grading's failure to grade and/or authenticate any items within any timeframe, and Customer waives all rights to seek incidental, indirect, or consequential damages against Pro Trading Card Grading. All turnaround time frames are estimates and refer to business days, which shall not include holidays or days that the Pro Trading Card Grading office is closed.
General Release.
Unless otherwise specified, Pro Trading Card Grading only facilitates transactions between sellers and buyers of goods posted for sale on protradingcardgrading.com. All transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members/service users, each fully and unconditionally releases and agrees to indemnify and hold Pro Trading Card Grading (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute. To the extent Pro Trading Card Grading is required to incur time or expense in responding to any discovery request or participating in any dispute between Members/service users, Pro Trading Card Grading may invoice the disputing Members/service users for such time and expense, and the Members shall pay such invoice upon receipt.
Service Usage
Customer acknowledges and agrees that Pro Trading Card Grading's owners and employees shall be permitted to submit items for grading and/or authentication without limitation. Furthermore, Pro Trading Card Grading's owners and employees may buy, sell, and trade Pro Trading Card Grading's authenticated or graded items without limitation.
Customer agrees not to knowingly submit cards to Pro Trading Card Grading that bear evidence of trimming, recoloring, restoration or any other form of tampering, or are of questionable authenticity, as determined in the sole judgment of Pro Trading Card Grading (“Altered Cards”). Pro Trading Card Grading shall not grade Altered Cards, but shall have no obligation to refund the fee paid by Customer, as the determination to reject an Altered Card requires a review Pro Trading Card Grading's graders and authenticators. Customer represents and warrants that they have no knowledge and no reasonable basis to believe that any card submitted for grading has been altered in any way or is not genuine.
Customer agrees not to knowingly submit any forged, counterfeit, or otherwise non-genuine items to Pro Trading Card Grading for any services including, but not limited to, card grading and uniform authentication.
Pro Trading Card Grading will exercise reasonable care in handling items submitted for grading and/or authentication, review, or reholdering. However, if Customer’s item was lost or damaged while in Pro Trading Card Grading's possession, Customer will be compensated based upon the fair market value of the item as determined by Pro Trading Card Grading standard procedures which may include filing a claim with our insurance carrier. The declared value you stated for the submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY OF Pro Trading Card Grading, ITS AFFILIATES OR ANY OF SGC’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS EXCEED THE GREATER OF: (I) THE FEES PAID TO Pro Trading Card Grading FOR GRADING ANDOR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY Pro Trading Card Grading). Such compensation shall be Customer’s exclusive remedy for any loss or damage.
Customer is required to inspect all items immediately upon receipt and Pro Trading Card Grading disclaims any liability for discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to Pro Trading Card Grading within five (5) business days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to Pro Trading Card Grading upon request for correction and agrees to indemnify and hold Pro Trading Card Grading harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
Customer agrees as follows: (a) Pro Trading Card Grading shall release a graded and/or authenticated item to Customer only upon payment of all fees and other charges; (b) to pay to Pro Trading Card Grading all fees and other charges when due without further demand; (c) any amounts not paid when due shall accrue interest at the rate of 18% per year until paid (or, if less, the maximum interest rate permitted by applicable law); and (d) Pro Trading Card Grading shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of Pro Trading Card Grading or its affiliates (collectively, the “Client Property”), to secure payment thereof. Customer hereby grants to Pro Trading Card Grading an assignment of and lien against the Client Property in the amount of any fees and other charges due and payable pursuant to the terms of this Agreement. Customer hereby authorizes Pro Trading Card Grading to file, at any time on or after the date such fees and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as Pro Trading Card Grading deems necessary in connection with the perfection of a security interest in the Client Property, and Customer shall be responsible for all fees and out-of-pocket costs.
Pro Trading Card Grading shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, related to any damage to any item resulting from the breaking open of an Pro Trading Card Grading holder or third-party holder, or for any damage to any item that occurred while the card was not in the custody or control of Pro Trading Card Grading including, but not limited to, loss or damage to items while being shipped to Pro Trading Card Grading, or while being shipped by Pro Trading Card Grading to Customer. Customer agrees that it will notify Pro Trading Card Grading if the Customer knowingly submits an item encapsulated within a case, holder or other protective outer layer that is broken, tampered with, or otherwise defective in any manner. If Pro Trading Card Grading receives from Customer a case, holder or other protective outer layer that is broken, tampered with, or defective in any matter, regardless of whether or not the Customer knew the case/holder was broken, then Pro Trading Card Grading shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, for any further or additional damage that may occur to the case/holder or the item contained therein if Pro Trading Card Grading opens or otherwise removes the broken or defective case/holder.
In the event Pro Trading Card Grading, in Pro Trading Card Grading's sole and absolute opinion, determines that an item within a Pro Trading Card Grading holder is fraudulent, tampered with, or is not accurately described, then Pro Trading Card Grading is authorized, without further notice to Customer, to remove the item from the holder. In addition, if an item has been previously graded by Pro Trading Card Grading and placed in a holder, and such item is subsequently damaged due to Customer’s lack of care, then Pro Trading Card Grading reserves the right to remove the item from its holder and is under no obligation to re-grade such an item.
Customer acknowledges and agrees to exercise reasonable care with regard to any item graded and/or authenticated by Pro Trading Card Grading, and further acknowledges and agrees items in a Pro Trading Card Grading holder can be damaged and/or destroyed if reasonable care is not exercised (i.e. holders are not waterproof, heat resistant, etc).
Pro Trading Card Grading reserves the right to not perform services requested by the customer for any reason, including items being too fragile to handle or encapsulate, items being of a type that Pro Trading Card Grading does not wish to grade and/or authenticate, or any other reason that may come up.
If customer wishes to have a fragile item encapsulated and Pro Trading Card Grading agrees to perform the services requested, customer must agree to sign a waiver of liability prior to Pro Trading Card Grading starting the agreed to service.
The customer consents to receiving transactional communications (“email”), including, but not limited to, a confirmation email confirming account creation and email verification, a password reset email when requested by the customer, a confirmation email that the customer’s order has been received, a notification email that the customer’s order has shipped.
The customer consents to Pro Trading Card Grading sharing their personal information with third-party vendors for the purpose of fulfilling their orders, including, but not limited to, payment processors, and shipping carriers to print return labels. Our website may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. Use caution when dealing with third parties and consult their terms of use and privacy policies.
Grading
Customer acknowledges and agrees the grading and/or authentication of items requires the exercise of individual judgment and professional opinion, which is subjective in nature, and can change from time to time. Therefore, Pro Trading Card Grading makes no warranty or representation and shall have no liability whatsoever to Customer for the grade or determination of authenticity assigned by Pro Trading Card Grading to any item.
After the submission and grading and/or authentication of an item by Pro Trading Card Grading, new information may arise or become available that was unavailable at the time a grade or determination of authenticity was assigned by Pro Trading Card Grading to any item. Pro Trading Card Grading shall have no liability to Customer, and Pro Trading Card Grading shall be under no obligation to change a grade or determination of authenticity assigned to an item (unless such an item is re-submitted for grading and/or authentication) to the extent new information arises or becomes available after a grade or determination of authenticity is assigned by Pro Trading Card Grading to any item.
Prior to submission of an item for grading, Pro Trading Card Grading may request pictures of the card to be submitted for review and may accept or reject the card for submission/grading based on this review. In the ordinary course of its grading operations, including pre-submission photo review, Pro Trading Card Grading (i) compiles data regarding each item submitted for grading and/or authentication, including, but not limited to, data relating to the identity, production, condition, authenticity, and grade of the item (the “Data”); and (ii) may take, or have taken, or accepted as part of "pre-submission" one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the grading and/or authentication services being provided by Pro Trading Card Grading, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes Pro Trading Card Grading (i) to compile and maintain such Data with respect to each item submitted hereunder for grading and/or authentication; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that Pro Trading Card Grading will be the owner of such Data and all such Images and that Pro Trading Card Grading may use and exploit such Data and the Images for commercial and any other purposes, as Pro Trading Card Grading in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, Customer, on behalf of itself and any third party for whom Customer may be acting with respect to this agreement, unconditionally and irrevocably transfers, conveys and assigns to Pro Trading Card Grading any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that Customer or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Pro Trading Card Grading and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Except as expressly set forth herein to the contrary, Pro Trading Card Grading DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING Pro Trading Card Grading's GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Except as expressly set forth herein to the contrary, THE MAXIMUM AGGREGATE LIABILITY THAT Pro Trading Card Grading SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, including the negligence of Pro Trading Card Grading, SHALL IN NO EVENT EXCEED THE GREATER OF: (I) THE FEES PAID TO Pro Trading Card Grading FOR GRADING AND/OR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY Pro Trading Card Grading).
Applicable Law
These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Pro Trading Card Grading are unable to resolve any dispute through informal discussion, then you and Pro Trading Card Grading agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Pro Trading Card Grading. The costs of any arbitration will be paid by the unsuccessful party. Unless otherwise specified, Pro Trading Card Grading is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. Pro Trading Card Grading will not be involved in resolving any disputes between Members/service users relating to or arising out of any transaction.
Disclaimers
Pro Trading Card Grading is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members/users of Pro Trading Card Grading may contain links to other websites. Pro Trading Card Grading is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Pro Trading Card Grading. Inclusion of any linked, third-party website on Pro Trading Card Grading does not imply approval or endorsement of the linked website by Pro Trading Card Grading. When Members access these third-party sites, they do so at their own risk.
Pro Trading Card Grading takes no responsibility for collection and dissemination of information by third party websites, third party advertisements which are posted on protradingcardgrading.com or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Pro Trading Card Grading is not responsible for the conduct, whether online or offline, of any User of the Services. Pro Trading Card Grading assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication.
Pro Trading Card Grading is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.
Under no circumstances shall Pro Trading Card Grading be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Pro Trading Card Grading event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Pro Trading Card Grading expressly disclaims any warranty of suitability, fitness for a particular purpose or non-infringement. Pro Trading Card Grading cannot guarantee and does not promise any specific results from use of the Services.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(866) 531-5504
info@protradingcardgrading.com
PO Box 566, Kunkletown, PA 18058
You can also contact us through the feedback form available on our Site.
Effective Date: 21st day of November, 2023
Refunds and Returns
Refunds for Goods
All goods sold on our Site are non-refundable.
Refunds for Services
We provide refunds for services sold on our Site as follows: