CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ THE NEW GMA, LLC (“GMA”) GRADING TERMS AND CONDITIONS (THE “AGREEMENT”) SET FORTH BELOW AND AGREES TO ABIDE BY THIS AGREEMENT, AND FURTHER AGREES THAT GMA IS ENTITLED TO RELY UPON AND BENEFIT FROM THIS AGREEMENT.
- The “Customer” is defined as an individual, multiple persons, or corporate entity with the legal authority to submit items to GMA for grading and/or authentication services. The individual who submits the order to GMA will be treated as GMA’s sole point of contact for that transaction. A customer may submit one or more of the following items to GMA for grading and/or authentication: any trading card to GMA via the GMAGrading.com website using a submission form for any available service. By using this website or GMA’s services, you affirm that you are at least eighteen (18) years of age, or if you are under eighteen (18) years of age but at least thirteen (13) years of age (a “Minor”), that you are using the website with the consent of your parent or legal guardian and that you have received your parent or legal guardian’s permission to use the website and agree to its Terms and Conditions. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and Conditions and to fully indemnify and hold harmless GMA if the Minor breaches any of these Terms. If you are not at least thirteen (13) years of age, you may not use this website at any time or in any manner or submit any information to GMA or the website. GMA will endeavor to grade and/or authenticate submitted cards within the estimated turnaround timeframe, if any, offered as part of a GMA grading and/or authentication service. GMA accepts no liability for orders completed later than the estimated turnaround time frame.
- In no event shall GMA have liability to Customer for incidental, indirect, or consequential damages due to GMA’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 GMA. All turnaround time frames are estimates and refer to business days, excluding holidays or days when the GMA office is closed.
- Customer acknowledges and agrees that GMA’s owners and employees shall be permitted to submit items for grading and/or authentication without limitation. Moreover, GMA’s owners and employees may buy, sell, and trade GMA authenticated or graded items without limitation.
- All fees and amounts charged by GMA are subject to change in GMA’s sole and absolute discretion. Unless otherwise provided in writing, all services or products provided by GMA shall be billed at prevailing prices when the services or products are provided to Customer.
- GMA reserves the right to issue upcharges on any item for any reason, if necessary.
- The customer agrees not to knowingly submit cards to GMA 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 GMA. GMA, but shall have no obligation to refund the fee paid by Customer, as the determination to reject an Altered Card or label them as “Authentic” requires a review by GMA’s graders and authenticators. The 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 GMA for any services including, but not limited to, card grading.
- Customer acknowledges and agrees the grading and/or authentication of items necessitates the exercise of individual judgment and professional opinion, which is subjective in nature, and can change over time. Therefore, GMA makes no warranty or representation and shall have no liability whatsoever to Customer for the grade or determination of authenticity assigned by GMA to any item.
- After the submission and grading and/or authentication of an item by GMA, new information may arise or become available that was unavailable at the time a grade or determination of authenticity was assigned by GMA to any item. GMA shall have no liability to Customer, and GMA 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 GMA to any item.
- Clerical errors can occur in connection with the grading and/or authentication, review, or reholdering of an item submitted to GMA. Customer’s sole and exclusive remedy is to allow GMA to correct the clerical error, and reholder the item if required, at GMA’s sole cost and expense.
- GMA shall have the right (not obligation) to capture the image of any item submitted by the Customer. Customer agrees GMA shall be permitted to publish images and information relating to any items submitted by Customer without compensation of any kind to Customer, and GMA further reserves the right to publish images and information relating to items as it deems fit. All images created/produced or modified by GMA is the sole property of GMA, and may only be used by GMA in its sole and absolute discretion.
- GMA will exercise reasonable care in handling items submitted for grading and/or authentication, review, or reholdering. However, if the Customer’s item was lost or damaged while in GMA’s possession, Customer will be compensated based upon the fair market value of the item as determined by GMA standard procedures, which may include filing a claim with our insurance carrier. IN NO EVENT SHALL THE TOTAL LIABILITY OF GMA, ITS AFFILIATES OR ANY OF GMA’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 GMA FOR GRADING ANDOR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY GMA). Such compensation shall be Customer’s exclusive remedy for any loss or damage.
- Customer is required to inspect all items immediately upon receipt, and GMA disclaims any liability for discrepancies or errors, including, but not limited to, errors in the item description unless reported to GMA Grading.