MBA Grading INC: Terms and Conditions

Customer Definition and Eligibility

The term "Customer" refers to any individual, group, or corporate entity with the legal authority to submit items to MBA for grading or authentication services. The individual who places the order with MBA will be considered the sole point of contact for that transaction. Customers may submit various items, such as trading cards, unopened material, and other collectibles ("items"), either through the website at grading.mba or directly to a verified MBA officer or employee. By using the website or MBA's services, you confirm that you are at least eighteen years old. If you are between thirteen and eighteen years old (a "Minor"), you must use the website with the consent of a parent or legal guardian, who must also agree to these Terms and Conditions. Parents or guardians of Minors agree to bind the Minor to these Terms and Conditions and indemnify MBA for any breach by the Minor. Individuals under thirteen years old are not permitted to use the website or submit information to MBA.

Turnaround Time and Liability

MBA aims to complete grading and/or certification of submitted items within the estimated timeframe provided. However, MBA is not liable for delays beyond this timeframe. MBA is also not responsible for incidental, indirect, or consequential damages resulting from delays or failures in grading and/or authentication, and the Customer waives any rights to claim such damages. Turnaround times are estimates and refer to business days, excluding holidays and office closures.

Employees: Policies on Item Submission and Transactions

Employees of MBA are granted the privilege to submit items to any existing MBA service line. Moreover, there are no restrictions on buying, selling, or trading items that have been graded or certified by MBA. This provision ensures that MBA's owners and employees can freely engage in transactions involving these items, whether they are acquiring new items for their personal collections or selling items that have been previously certified by the company.

However, to maintain the integrity and impartiality of the certification process, employees must ensure that the normal course of certification is allowed to proceed without interference. This means that employees should not attempt to influence or expedite the certification process for their own or others' items. The evaluation process must be conducted objectively and according to established procedures, ensuring fair and unbiased results for all submissions. In addition and to this end, employees are expressly restricted from directly grading their own items.

This policy allows those within the MBA organization to actively participate in the market of graded or certified items while upholding the highest standards of certification integrity and avoiding any conflicts of interest.

Fee Structure

MBA may change its fees and charges at its discretion. Unless otherwise stated, all services or products will be billed according to the publicly stated prices at the time of submission.

Submission Integrity

The Customer agrees not to knowingly submit items that show evidence of tampering, such as trimming, recoloring, or restoration outside of the stated MBA standards, or that are of questionable authenticity ("Altered Items"). Loss of submission privileges and possible civil damages may be assessed against customers who violate these Terms and harm the MBA brand.

Opinion and Limitations of Liability

All findings related to items represent the opinion of MBA Grading, INC ("MBA"). These findings are based on significant knowledge and research in most cases and represent our best attempt to classify and authenticate the item. However, views can change from time to time, and new information can become available. MBA reserves the right to amend its determination of authenticity based on the review of new information. The customer acknowledges that the determination of authenticity and classification is a matter of opinion and that MBA's opinions are subject to change based on new information or reevaluation. Any disputes concerning MBA rendered opinions should follow the publicly stated MBA Guarantee. MBA's maximum aggregate liability to the customer, or any third party, for any cause, act, or omission shall not exceed the fees paid for grading and/or authentication or the net proceeds of insurance, less any deductible paid by MBA. MBA and its affiliates, employees, officers, directors, or agents shall not be liable for any incidental, special, exemplary, consequential, or other damages.

Changes in Information

MBA is not liable for changes in grade or authenticity determination that occur after grading and/or authentication. Customers must resubmit items for reevaluation if new information arises.

Clerical Errors

In the event of clerical errors, the Customer's only remedy is to allow MBA to correct the error and reholder the item in question. Errors in the labeling/cataloguing of an item do not constitute a claim for loss. Only errors in the assigned technical assessment are covered by the MBA guarantee.

Handling and Liability

MBA will handle items with reasonable care. If an item is lost or damaged while in MBA's possession, the Customer will be compensated based on fair market value as determined by MBA. MBA's legal liability will not exceed the fees paid for grading and/or authentication or the net proceeds of insurance, less any deductible. Any additional remedy would be issued at the discretion of MBA staff in accordance with the existing MBA Guarantee, as stated at the time of submission for the respective item. Once an item has been returned to the Customer, the Customer is responsible for handling it with care; MBA is not responsible for damage occurring after an item leaves MBA's possession, and the Customer acknowledges that items in an MBA holder can be damaged or destroyed if not handled properly.

Inspection and Discrepancies

The Customer must inspect all items immediately upon receipt. MBA is not liable for discrepancies or errors not reported within five business days. The Customer must return any incorrectly described item for correction and indemnify MBA from losses or claims arising from the sale of incorrectly described items.

Payment and Security Interest

The Customer agrees to pay all fees and charges when due. MBA holds a security interest in the items submitted and any other property of the Customer in MBA's possession to secure payment. MBA may file financing statements to perfect this security interest.

Shipping and Damage

MBA is not liable for damage to items resulting from the breaking open of MBA holders or any damage occurring while the item is not in MBA's custody. The Customer must notify MBA if an encapsulated item's case, holder, or protective layer is broken, tampered with, or defective. MBA is not liable for additional damage if such a case or holder is opened or removed.

Fraudulent Items

If MBA determines that an item within a holder is fraudulent, tampered with, or inaccurately described, MBA may remove the item from the holder without further notice. MBA may also remove any previously graded item from its holder if it is damaged due to the Customer's lack of care.

Data and Image Rights

MBA may collect data and take images of items submitted. The Customer grants MBA a perpetual, worldwide, royalty-free license to use, reproduce, and display this data and these images for MBA's business purposes, including grading verification, population reports, recordkeeping, and marketing. MBA retains all rights in any data and images it independently creates. Nothing in this section transfers any rights the Customer or any third party may hold in the underlying item itself or in any third-party intellectual property depicted on it.

Indemnification

The Customer agrees to indemnify MBA against any claims arising from item submissions, grading, authentication, services provided, breaches of this Agreement, or violations of law or third-party rights. This indemnification survives the termination of the Agreement.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Oregon. The parties consent to personal jurisdiction in Oregon courts and agree that venue for disputes will be in Clackamas County, Oregon. The non-prevailing party shall cover the prevailing party's costs and expenses.

Entire Agreement

This Agreement constitutes the entire agreement between MBA and the Customer and supersedes all prior agreements. If any term is invalid or unenforceable, the remaining terms remain in effect. Additional documents may be required to effectuate the agreements herein.

Right to Refuse Services

MBA reserves the right to refuse services for any reason, including fragility of items, types of items, or other reasons. If MBA agrees to handle a fragile item, the Customer must sign a waiver of liability.

Transactional Communications

The Customer consents to receive transactional emails and text messages related to account confirmation, password resets, order confirmations, order status, and shipping notifications.

Third-Party Services

The Customer consents to MBA sharing personal information with third-party vendors for order fulfillment. MBA is not responsible for third-party services and advises Customers to review their terms of use and privacy policies.

Privacy Policy

All information collected is subject to MBA's Privacy Statement. By using MBA's services, the Customer acknowledges that they have read the Privacy Policy, consent to the data practices described, and agree that these Terms and Conditions govern any disputes related to the Privacy Policy.

MBA Authentication Disclaimer

MBA assigns authentication and grading based solely on the physical properties of the item presented for assessment. Assessments are independent of an item's history, provenance, or prior ownership. Please review the publicly stated Standards on the MBA website.

Submission Creation & Editing

MBA staff have the right to create a submission on the submitter's behalf, or edit an existing submission at any time, without consent. This includes creating orders for customers who have not created the orders themselves prior to physical shipping or in-person hand-off. MBA staff also have the right to split orders and to ship single orders in multiple packages and to combine orders into single shipments.

Handling of Items

MBA reserves the right to physically handle items submitted for authentication in accordance with industry standard handling. MBA also reserves the right to mend small condition issues solely at the discretion of MBA staff; i.e. removing fingerprints from a polished surface or flattening a flared edge or corner.

Fair Market Value

Items are charged Final Value Fees (FVFs) and insured against their fair market value(s), as determined by MBA staff, relative to free-market sales data (where available). MBA does not recognize sentimental valuations, replacement values, or any other valuation metric. Values that determine FVFs are based on current market values to the best of our ability, typically at values of 80-100% of recent sales comparisons.

Marketplace Offers

MBA may present images and condition information for any item submitted for grading and/or authentication to potential buyers, for the purpose of soliciting cash purchase offers on the item, regardless of whether the Customer has expressed interest in selling. This applies to all eligible submissions and is not subject to opt-out. MBA does not disclose the Customer's identity or ownership information to potential buyers in connection with these offers. The Customer is under no obligation to accept any offer presented, and no sale will occur without the Customer's separate, affirmative acceptance of a specific offer.