Last Updated: January 30 2025
The TGA Grading Services are provided by True Grade
Authentication Inc. d/b/a True Grade Authentication (“We” or “TGA”) and are
subject to these terms and conditions (the “TGA Terms”) and further guidelines
and instructions applicable to the TGA authentication, grading, certification,
and related services (collectively, the “TGA Grading Services”) including
the applicable service fees, prices, rates, and charges provided for the TGA
Grading Services, as well as the TGA User
Agreement (“User Agreement”) (incorporated herein by this reference)
(these TGA Terms and the User Agreement, collectively the “Terms”).
PRIOR TO USING ANY TGA GRADING SERVICES, YOU SHOULD
CAREFULLY READ THE TERMS. As part of making a submission to TGA, you must
read and affirmatively agree to these TGA Terms to complete an order. You agree
to abide by and to be bound by these Terms and further agree that TGA is
entitled to rely upon and benefit from this agreement, as part of the
submission process. If you do not agree to the Terms, then you should not
submit any item to TGA or otherwise request or use any TGA Grading Services.
Should you object to any of the Terms, or any subsequent modifications thereto,
or become dissatisfied with the TGA Grading Services, your sole remedy is to
discontinue use of the TGA Grading Services and request return of your item(s),
as applicable, in the manner provided in the Terms.
THE USER AGREEMENT CONTAINS A DISPUTE RESOLUTION AND
ARBITRATION PROVISION (SECTION 17) THAT GOVERNS HOW CLAIMS YOU AND WE HAVE
AGAINST EACH OTHER ARE RESOLVED. READ THE TERMS CAREFULLY BECAUSE THEY CONTAIN:
(I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND
DAMAGES; AND (II) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US,
INSTEAD OF CLASS ACTIONS OR JURY TRIALS.
We reserve the right to update and make changes to the Terms
at any time by updating this posting or providing notice to you electronically
or as otherwise permitted under applicable law. Updates and changes take
effect when we post them, unless we specify an effective date in our notice to
you. Your continued access to or use of your Account and the TGA Grading
Services after any updates and/or changes indicates your acceptance to the
Terms as modified. We may also ask you to acknowledge your acceptance of the
Terms through an electronic click-through. It is your responsibility to
periodically visit this page and review the Terms for updates.
The TGA Grading Services are subject to the specific terms
and conditions provided below. Capitalized terms not otherwise defined below
are defined in the User Agreement and incorporated here by this reference.
A. Authentication and Grading Services
1. Eligibility for Submission. To use the TGA Grading
Services, you must (a) have a valid and active TGA Account (“Account”) and have
affirmatively agreed to the TGA User Agreement and (b) complete in full the TGA
Online Submission process, including selection of the applicable services,
grading submission type and label placement (as applicable). Eligible
customers may create a TGA Account. Only authorized dealers who have
completed and signed a TGA Dealer Application and are appointed by TGA as a TGA
dealer are authorized to submit items to TGA for grading on behalf of
individuals, subject to the terms of the TGA Dealer Agreement.
Submissions on behalf of group submitters or on behalf of other dealers are
expressly prohibited.
Each person may only have a single TGA Account. If your TGA
Account is canceled, disabled, blocked, or otherwise restricted by TGA or its
affiliate(s), you may not submit under another account. Any account created by
or on behalf of a person whose account was previously restricted is invalid. TGA
reserves the right to refuse service to anyone, and will refuse service to any
person associated with a duplicate or otherwise invalid TGA Account.
Each order submitted for TGA Grading Services may only
include a single service type and item. TGA reserves the right to (a) reject
and return the item submitted by you at your risk and expense (as provided in
these Terms); or (b) process the submission and correct any non-conformity
(including to reflect its current service and shipping prices) without notice
to you.
2. Service Levels and Declared Value. TGA offers
various turnaround time and pricing combinations (“Service Levels”) depending
on the type of item(s) you submit. The Service Level you select must
allow a maximum Declared Value greater than or equal to the Declared Value of
each item in your order. “Declared Value” is your estimate of the value
of your submitted item after it has been authenticated and graded by TGA.
For additional information regarding Declared Values, refer to the FAQ on TGA's
website. Any Service Levels stated on the TGA website are provided for the
convenience of our customers only. Orders that require special handling
or that have payment or shipping issues may experience delays from the
published Service Levels. TGA may offer certain Service Levels exclusively to
subscribers of a TGA membership program according to the terms of such program
(see Section 20).
If TGA determines, in its sole discretion at any point in
the process, your stated Declared Value understates the fair market value of
any item, TGA reserves the right to decline your stated Declared Value and
require you to pay a revised grading fee at a Service Level which has a maximum
Declared Value in excess of the item’s fair market value as determined by TGA.
If you refuse or are unable to pay TGA for the revised Service Level, then TGA
will return your submitted item to you unprocessed at your cost, and you will
be charged the Service Level at which you submitted the item. Additionally, TGA
reserves the right to refuse to grade any item TGA determines to be grossly
overvalued by you based on the Declared Value.
3. Turnaround Times. Any time frame proposed for TGA
Grading Services on a submitted item, including any estimated turnaround time
for a Service Level, is an estimate only and is not guaranteed. Actual
time frames are based on when a submitted item is processed for TGA Grading
Services and not when a package is received, and may be impacted by, TGA's
submission volume and capacity and other unforeseen circumstances. Actual time
frames may change without notice as conditions change. TGA will endeavor
to provide the TGA Grading Services within the time frame, if any, offered as
part of the TGA Grading Services at the requested Service Level. HOWEVER,
WITHOUT LIMITING THE TERMS OF THE USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE
THAT TGA WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER TO YOU OR ANY
OTHER THIRD PARTY FOR ANY DAMAGES (DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL) DUE TO TGA'S FAILURE TO GRADE ANY ITEMS WITHIN ANY SPECIFIC TIME
FRAME. ALL DAYS REFERENCED IN THESE TERMS OR WITH THE TGA GRADING SERVICES
REFER TO BUSINESS DAYS (UNLESS OTHERWISE STATED).
TGA will make your results available to you on the TGA
website (accessible via a valid TGA Account login). Customers may not
contact the TGA offices for results before TGA makes them available.
Absolutely no authentication or grading results will be given over the phone,
email, via any TGA messaging portal, or any other method.
4. Eligible Items and Services. TGA will provide the TGA
Grading Services on items submitted to it by you in accordance with the
applicable TGA authentication, grading, and/or certification standards in
effect at that time. TGA may from time to time change the item types
eligible for submission, the types of service offered, and the specific
elements of each service. The most up-to-date descriptions of the
specific TGA Grading Services currently offered may be found in the submission
flow (including tooltips and linked FAQs).
TGA will not grade items which bear evidence of trimming,
recoloring, restoration, or any other form of alteration or tampering, or that
are of questionable authenticity, and you agree not to knowingly submit any
such items. Encapsulated items (e.g., those submitted for Review or
Reholder services) in holders that are open, unsealed, or otherwise showing
evidence of tampering, fraud or damage, are subject to new authentication and
grading, and may be deemed inauthentic or receive a lower grade. TGA may
refuse to authenticate, grade, re-encapsulate, or certify items that are in its
opinion critically damaged and/or too fragile, or may alternatively require
that you release TGA completely from all liability whatsoever with regard to
such items prior to performing the services by signing a Release of Claims
Agreement.
5. General Shipping Requirements. You agree(a) to pack
and ship each item you submit to TGA in strict accordance with all applicable
submission instructions and requirements (including without limitation those in
your Submission Form, the TGA Shipping); and (b) to be charged one or more
processing fees for non-conforming packaging of any item, order, or group of
orders, as disclosed in the Shipping Guide. For avoidance of doubt,
“non-conforming packaging” includes, but is not limited to, submission of items
in incorrect materials (e.g., rigid “toploader” sleeves), inclusion of
extraneous materials (e.g., pull tabs or stickers), submission of items in a
different order than that on the Submission Form, bundling of multiple orders,
and any other deviation from the Shipping Guide instructions published at TGAcard.com
at the time your submit your order.
Carriers to whom you entrust your inbound items do not
represent and do not act as an agent of TGA. TGA shall have no liability
whatsoever for (a) any damage to any item while in transit to TGA, (b) any
damage caused as a result of packing that does not strictly conform to our
written specifications (including such damage occurring in the course of
unpacking), or (c) any damage to or loss of extraneous objects (e.g., binders,
frames) included with a submitted item. Regardless of the method of
transportation you utilize for delivery of your item(s) to TGA, you bear the
sole cost and risk of: (a) all loss, damage, theft, delay, or destruction in
connection with the shipment and delivery of any item(s) to TGA (even if TGA
provides a shipping label for shipment of the item(s)); (b) obtaining or
foregoing insurance coverage on your item while in transit; and (c) the expense
of the delivery and shipment of the item(s). TGA bears no responsibility
for any item until it has been unpacked, identified, and indicated as “Order
Prep” by TGA; the carrier’s completion of delivery shall have no effect on TGA’s
responsibility, even if TGA signed for the package. For return shipment
following completion of TGA Grading Services or upon rejection of an item, you
may at your option: (a) have TGA ship and insure the applicable item and charge
you for such insurance, (b) obtain your own insurance, or (c) ship through your
own shipping account, which means TGA will not insure your outbound
package. With respect to any item insured by TGA for return shipment, the
provisions of Section 10 shall apply.
6. Additional Terms for TGA Inbound Shipping Program.
For avoidance of doubt, any inbound shipping option made available to you
(including insured and non-insured shipping options) remains subject to all of
the General Shipping Requirements in Section 5, including but not limited to
the TGA submission instructions and requirements referenced there. You will
receive a digital QR code to ship your package via Canada Post or UPS to TGA.
Your package must be taken to a physical Canada Post or UPS location for drop
off, scanning, and to obtain a receipt. Even when utilizing this shipping
option, however, shipping and carrier services under this option are at all
times being provided exclusively by Canada Post or UPS, never TGA. You
understand that those services are being provided to you by Canada Post or UPS
under an arrangement between you and Canada Post or UPS. By utilizing this
service, you agree to accept financial responsibility for the inbound shipping
charges as shown and agreed. To understand Canada Post or UPS’s applicable
terms and conditions, rules and requirements, and packaging guidelines, please
visit their respective websites.
7. Return and Inspection of Submitted Items. You agree
to timely report any issues with the return of your items as specified
below. If you do not receive your return shipment(s), you must notify TGA
within seventeen (17) calendar days of the original estimated date of delivery
or, if no such estimated date was provided, thirty (30) calendar days from the
date TGA shipped your order. Upon receipt of your return shipment(s), you
must promptly and carefully inspect all submitted items returned to you and report
any damage, discrepancy, or errors to TGA in writing within five (5) calendar
days after receipt. You must also inspect all certification labels, and
associated authentication and grading documents (including those posted to the TGA
website) immediately upon receipt for typographical, clerical, or mechanical
errors pertaining to the description of the item, which include, but are not
limited to, incorrect date or designation. You may review card images and
verify certifications for paid, processed orders directly on your TGA “Orders”
page. You agree to submit a Label Correction Request to the Customer Request
Center and return any incorrectly described item to TGA upon request at any
time for correction of the discrepancy or error, at TGA’s expense, and agree to
indemnify and hold harmless TGA and its affiliates against all losses and/or
claims (including attorney’s fees) caused by the circulation or sale of a
mismarked or inappropriate item or any unauthorized use of a TGA certificate or
label. TGA’s determination as to whether there exists any damage,
discrepancy, or error shall be final and binding. TGA disclaims any liability
for damage or discrepancies or errors, including, but not limited to, errors in
the description of the item unless reported to TGA within five (5) calendar
days as specified in this section.
8. TGA Grading Services Disclaimer. TGA Grading
Services (including authentication, grading and certification) involve
individual judgments that are subjective and require the exercise of
professional opinions, which can change from time to time. Therefore, TGA
makes no warranty or representation and shall have no liability whatsoever to
you or any third party for any opinion rendered, grade assigned, or statement
made (including Grader Notes as defined in Section 23, below) with respect to
an item. If you disagree with the results of the TGA Grading Services for
your submitted item, you may resubmit the item for review and you will be
responsible for the full grading fees and applicable shipping charges.
Any Grader Notes TGA may provide are intended for illustrative purposes only
and are not meant as exhaustive documentation of the TGA Grading Services.
9. TGA Item Holders. If you break open any TGA holder
for an item, you shall immediately return to TGA the TGA certification label
and TGA holder. TGA certification labels and holders at all times shall
remain the property of TGA. If you come into possession of any TGA holder
or label which you have reason to believe is not completely sealed, tampered
with, mislabeled, or counterfeit, you shall immediately return such TGA holder
or label to TGA. You acknowledge and agree that breaking items out of TGA
holders involves the risk of personal injury, including without limitation,
possible eye damage, and the risk of damaging the item. TGA SHALL HAVE NO
LIABILITY WHATSOEVER TO YOU OR ANY OTHER THIRD PARTY FOR ANY PERSONAL INJURY OR
DAMAGE TO ANY ITEM, OR OTHERWISE, RESULTING FROM THE BREAKING OPEN OF A TGA
HOLDER. If any item is removed, inadvertently or intentionally, from its TGA
holder, it shall be treated by you and TGA as if it were never graded by TGA,
and you acknowledge that such item may no longer qualify for TGA Grading
Services. Once submitted, TGA shall have no obligation to assign to a
graded item the same grade previously assigned to it, and any Guarantee that
previously applied to the item while it was in the TGA holder shall no longer
apply to it.
B. Trust and Protection
10. Lost, Stolen, or Damaged Items. TGA will exercise
reasonable and ordinary care in handling items submitted for authentication,
grading, review, or reholdering. However, if TGA determines, in its sole
discretion, that your item submitted to TGA for TGA Grading Services was lost,
stolen, or damaged while in the possession or control of TGA, TGA will
compensate you as provided in this Section 10 based upon the fair market value
of the item at the time of loss as determined by TGA standard procedures, which
may include filing a claim with our insurance carrier. The Declared Value
you provide with the submission form for your item is only an estimate of the
insured value, and the fair market value of the item may be less than your
Declared Value. IN NO EVENT SHALL TGA’S TOTAL LIABILITY, WHETHER CAUSED
BY THE ACTIVE OR PASSIVE NEGLIGENCE OF TGA OR OTHERWISE, EXCEED THE LESSER OF
THE FAIR MARKET VALUE OR THE DECLARED VALUE OF THE ITEM. WE RESERVE THE
RIGHT, IN OUR SOLE DISCRETION, TO DETERMINE THE FAIR MARKET VALUE FOR AN ITEM
THROUGH ANY MEANS AS WE MAY DETERMINE. TGA may elect, depending on the
condition of a damaged item, to either (a) return the item to you and
compensate you for the reduction in value due to damage, or (b) retain the item
and pay the maximum liability available under this section.
Please be aware such compensation shall be your sole and
exclusive remedy and our entire liability for any loss or damage to your item
while in the custody and control of TGA, and is subject to your irrevocable
release and discharge of TGA and its affiliates, on your behalf and on behalf
of anyone who may claim through or for you, from any liability for loss or
damage to the item, including due to the gross negligence of TGA or it agents
and contractors. You must sign TGA’s standard Release of Claims Agreement
as a condition of payment. TGA reserves the right to withhold any claim
settlements, credits, or other amounts payable to you if you have outstanding
amounts payable to TGA, and TGA may discount such amounts payable to TGA from
any amount payable to you.
TGA has and will have no liability whatsoever to you for any
loss or damage of any item occurring while the item is not in the custody or
control of TGA, including, without limitation, after the item is transferred to
the custody or control of a third party, including another facility, owner,
agent, dealer, group submitter, or carrier, as identified by you, or released
for return to you. TGA will not be liable or responsible for any
consequential, incidental, special, or indirect damages, including, without
limitation, for any intrinsic or sentimental value of an item.
If an item is reported lost or stolen by the owner or
transport carrier, TGA may request a police report or carrier claim as proof of
loss in order to deactivate the certification numbers displayed on our website.
If you possess a deactivated cert, please contact our Customer Care team for
direction.
11. Your Representations and Authorization. By submitting an
item, you represent and warrant that (a) the information stated on the
submission form and any pictures or images of the item(s), including, without
limitation, the description and quality of each item, the condition of the
item, and the Declared Value are current, truthful and accurate and (b) the
item is free and clear of any liens, security interests, or encumbrances of any
kind. If you are submitting any items that belong to a third party, you
represent and warrant that you are authorized to submit the items on behalf of
that third party, subject to these terms. You agree to provide to TGA written
confirmation of such authorization at any time upon our request.
12. Doctored and Inauthentic Items; Fraud Prevention and
Investigation.
(a) You represent and warrant that any item submitted for
any TGA Grading Service is genuine and you have no knowledge and no reasonable
basis to believe that the item is a “Doctored” item. You affirm your
obligations with respect to Doctored items set forth in these Terms. For
purposes of these Terms, “Doctor,” “Doctored” or “Doctoring” means the
alteration of the appearance of an item by things such as, but not limited to,
trimming, re-coloring, bleaching, power erasing, cleaning, waxing, re-backing
or any other form of restoration used to enhance the appearance, condition or
content of an item.
(b) You agree that you will not Doctor items or participate
in any way in Doctoring items or submitting any items to TGA for grading which
you know or have reason to believe have been Doctored in any way, and
acknowledge that the determination as to whether an item should be
authenticated or graded shall be made solely by TGA in accordance with its
standards. You acknowledge that detecting Doctored items is very difficult. You
acknowledge that TGA will not authenticate or grade items which, in the
judgment of TGA, bear evidence of Doctoring. However, because the determination
by TGA to reject such Doctored items will require a review by TGA’s personnel,
you will be required to remit, as set forth herein, the standard fee for any
such Doctored items that are submitted to TGA. You acknowledge that Doctoring
is wrongful and inappropriate activity which is harmful to TGA, and all of your
obligations in this Section 12 shall survive termination of these TGA Terms.
(c) You acknowledge that TGA will not grade counterfeit
items. However, because the determination by TGA to reject such counterfeit
items will require a review by TGA’s personnel, you will be required to remit,
as set forth herein, the standard fee for any such items that are submitted to TGA.
Such items will not be placed in a TGA holder.
(d) You agree that TGA would suffer irreparable damages if
you were to engage in Doctoring of any item and that TGA is entitled to not
only compensatory damages but also preliminary and final injunctive relief for
any breach of your obligation not to Doctor items or to submit Doctored items
to TGA in violation of your obligations hereunder.
(e) You acknowledge that TGA will not assign a numerical
grade to any Doctored Item or item which, in the judgment of TGA, bears
evidence of harsh cleaning, artificial toning, damaged surfaces, altered
surfaces, foreign substances, or other similar impairments, or appears to be of
questionable authenticity. However, because the determination by TGA to reject
such impaired items will require a review by TGA’s personnel, TGA will not
refund the standard fee for any such items that are submitted to TGA.
(f) You agree that, if TGA determines that an encapsulated
item in its possession (whether for TGA Grading Services, corrections,
Guarantee claims, or any other circumstance) is inauthentic, incorrectly
graded, altered, or damaged in its holder, TGA may remove the item from its
holder and change the grade/label as it deems appropriate. TGA will not
in any circumstances return an overgraded item with a label reflecting the
originally assigned TGA grade to the extent that TGA has determined that the
grade is incorrect. Nor will TGA return any item in a TGA holder to the
extent that TGA has determined that the item is inauthentic.
(g) You acknowledge that TGA will not grade or authenticate
certain items. TGA RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO
REJECT ANY ITEM SUBMITTED BY YOU AND NOT TO GRADE OR AUTHENTICATE SUCH ITEM.
The refund of any fee for such a rejected item will be in TGA’s sole discretion
based on the circumstances. Such items will not be placed in a TGA
holder.
(h) You agree that TGA may take the following measures
regarding any submitted item that (i) is in a TGA holder which has been opened
or otherwise tampered with since being sealed, (ii) is in a counterfeit holder
or has a tampered or counterfeit label, or (iii) is a counterfeit item. You
further agree to immediately notify TGA if you have reason to believe any such
item(s) are included with your submission. If such item is in a TGA holder
which is counterfeit or has been tampered, TGA may remove such item from the
counterfeit or compromised holder, confiscate the holder, and return the item
to you (and such item shall not be subject to the Guarantee (as defined
above)). If such an item is counterfeit, TGA may (i) remove such item from the TGA
holder and (ii) take any action with respect to such item required by
applicable law, including, but not limited to, retaining such item for an
indefinite period of time or turning it over to the appropriate authorities for
further investigation.
(i) You authorize TGA to disclose your identifying
information, records of your activities, and other personal information (“Your
Information”) to third parties if TGA reasonably believes, in its sole
discretion, that such disclosure may prevent or mitigate criminal activity or
fraud. You further acknowledge and agree that TGA may disclose Your Information
to third parties in order to conduct or aid the investigation of suspected
criminal activity or fraud. Examples of fraud include, but are not limited to,
engaging in or supporting counterfeiting, tampering, sheet cutting, card
doctoring and mislabeling.
(j) TGA may apply the provisions of this Section 12 whenever
it ascertains that you or your item is subject to them, including after your
item has been encapsulated and returned to you. Notwithstanding any other
remedy under these Terms, TGA may at any time deactivate the certification
label on any previously graded item or holder it believes to be Doctored,
counterfeit, tampered with, cleaned, altered, or otherwise handled in violation
of these Terms.
13. TGA Authenticity and Grade Guarantee. The TGA
Authenticity and Grade Guarantee (“Guarantee”) applies to a TGA authenticated
and graded card that had an active TGA certification number at the time it was
purchased by the person submitting the Guarantee request. You acknowledge
and agree that the Guarantee does not apply to, and cannot be utilized by, the
original submitter (or the original submitter’s agents, employees, affiliates
or representatives, including a group submitter or dealer) of the graded
card. TGA reserves the right to investigate the relationship between the
person making the TGA Guarantee request and the original submitter.
14. TGA Certification Verification Services. TGA
provides access to the TGA Cert Verification Database for the sole purpose of
confirming data regarding authenticated and graded items with a particular
certification number. You acknowledge and agree that verification of
certification numbers via the Database does not eliminate risk. TGA does
not view authenticated items listed online and does not warrant or guarantee
that any such authenticated item is, in fact, a genuine TGA authenticated
item. TGA encourages the purchase of TGA verified collectibles from
trustworthy sources.
C. Payments
15. Payment Terms; Cancellations and Refunds. You
agree upon submission of an item to pay all fees and charges due and payable
for the requested TGA Grading Services. Fees and charges must be paid
before TGA finishes processing your order, reveals the grades of items in your
order, or returns your items to you. Fees and charges paid to TGA are
non-refundable except as indicated in this section. All fees and charges
are applicable regardless of outcome. In the event TGA rejects an item
you submitted for TGA Grading Services for any reason, TGA has no obligation to
cancel any amounts payable at submission (or refund any amounts paid), as the
determination to reject an item requires a review by TGA's graders and
authenticators and use of their professional opinion. Such items will be
designated as “Inconclusive” and a refund may be issued in the full amount of
the authentication price (less expenses for preparation, release and delivery
of the item(s) (which may include a processing, shipping and handling charge as
applied by TGA)).
Items are eligible for cancellation only before review by a TGA
grader has commenced. You may request cancellation of TGA Grading Services by
contacting TGA in writing and requesting the return of your submitted
item(s). Upon receipt of your request for cancellation of eligible
items, and subject to TGA’s then-current operating procedures, we will
(a) cancel the TGA Grading Services and prepare to (i) release your item(s) to
you or your designated agent or representative or (ii) arrange for delivery of
the item(s) via insured delivery to a physical delivery address you specify at
your expense, and (b) cancel any amounts payable (or refund any amounts paid)
for the TGA Grading Services. IMPORTANT: Return of the items you
submitted with a canceled order is conditioned on your payment to TGA for
expenses incurred for preparation, release, and delivery (including any
processing, shipping and handling charges). Once a TGA grader has
commenced review of an item, the TGA Grading Services selected for that item cannot
be canceled.
If you cause payment for TGA Grading Services to be
rescinded after TGA has processed your items and returned them to you, TGA will
consider such items unpaid and may at its discretion deactivate their
certifications until you remit payment.
16. Payment Authorization. You represent and warrant
that you are the cardholder or authorized user of the payment method(s) you
provide, and you authorize TGA to (a) charge the payment method for the Final
Amount Due (defined below) in connection with your order and (b) store and use
the payment method and certain related information for future orders and
charges in connection with the authentication and grading services provided by TGA.
You further authorize TGA to charge the payment method for any additional
service you may select during the TGA Online Submission process or otherwise
via the TGA website, including TGA Vault services. You further acknowledge and
agree that TGA may validate any payment method you provide to TGA in connection
with the Services to ensure that the payment method is valid and that you have
sufficient funds to complete the transaction. You understand that your card
issuer may hold the authorized amount for a period of time determined by your
card issuer.
The “Final Amount Due” is equal to the price of the Service
Level you select multiplied by the number of items in the order, adjusted to
account for the Service Level price applicable to any item for which TGA
determines its value to exceed the maximum Declared Value for the Service Level
you selected (see also Section 2, above). Accordingly, if after grading and
processing your submitted items, TGA determines that the value of any item
exceeds the maximum Declared Value allowed for the Service Level you selected,
the Final Amount Due will reflect the higher cost of the Service Level
appropriate for each such item. YOU AUTHORIZE TGA TO CHARGE THE FINAL AMOUNT
DUE TO YOUR PAYMENT METHOD WITHOUT NOTICE TO YOU OR FURTHER AUTHORIZATION BY
YOU, SO LONG AS SUCH AMOUNT DOES NOT EXCEED YOUR ESTIMATED ORDER TOTAL AT
CHECKOUT BY MORE THAN (1) FIVE HUNDRED DOLLARS ($500) OR (2) A LESSER AMOUNT
DISCLOSED TO YOU DURING ORDER SUBMISSION. All charges will be made in CANADIAN
dollars ($ CAD).
You agree that the authorization provided by you for TGA to
store and use the payment method and related information you provide for future
orders and charges will remain in effect until canceled by you. You may cancel
such authorization in the payment methods screen in the TGA Online Submission
process, or by contacting TGA via phone or written message using the contact
information provided in Section 28 below. These contact methods are also
suitable for any other payment- or transaction-related questions you may have.
17. Delinquent Payments and TGA’s Security Interest.
You agree (a) to pay to TGA all pricing and other charges when due; (b) that
any delinquent balances shall accrue interest at the rate of 10% per year until
paid (or, if less, the maximum interest rate permitted by applicable law); and
(c) that TGA shall have a security interest in the items submitted, as well as
in any other property of yours in the possession of TGA or its affiliates
(collectively, the “Property”), to secure your payment obligations hereunder.
You hereby grant to TGA an assignment of and lien against the Property in the
amount of any fees and other charges due and payable pursuant to these Terms
for the applicable TGA Grading Services. You hereby authorize TGA to file, at
any time on or after the date such pricing totals and other charges become due,
appropriate uniform commercial code financing statements in such jurisdictions
and offices as TGA deems necessary in connection with the perfection of a
security interest in the Property. If you do not pay all obligations due under
these Terms, TGA will execute its security interest in your submitted item(s)
by selling or otherwise disposing of such item(s) and applying any proceeds to
the delinquent balance.
D. Related Services
E. Legal
21. DISCLAIMER OF WARRANTIES. WITHOUT LIMITING THE
TERMS OF THE USER AGREEMENT, WITH RESPECT TO ALL OF THE TGA GRADING SERVICES,
THE REMEDIES SET FORTH IN THESE TGA TERMS ARE IN LIEU OF ALL WARRANTIES,
EXPRESS OR IMPLIED. ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, HEREBY ARE DISCLAIMED AND EXCLUDED. Personnel and employees of TGA are
not authorized to make any statement, representations, or warranties contrary to
these TGA Terms and any additional statement, including without limitation,
statements made by any TGA personnel or employees or those made in any
advertising or presentation materials (oral or written) do no constitute
representations and warranties by TGA and should not be relied upon as such.
22. Limitation of Liability. TGA shall have no
liability whatsoever to you, or any third party for whom you may be acting, (a)
for any personal injury or (b) any damage to any item, or otherwise, resulting
from the breaking open of a TGA holder, or for any damage to any item that
occurred while the item was not in the custody or control of TGA, including,
but not limited to, loss or damage to items while being shipped to TGA, or
while being shipped by TGA to you under your own personal shipping courier account
and insurance.
Notwithstanding anything to the contrary contained herein,
except as otherwise set forth herein if TGA determines that your item was lost
or damaged while in TGA's possession, WITHOUT LIMITING THE TERMS OF THE USER
AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM
AGGREGATE LIABILITY THAT TGA SHALL HAVE TO YOU, OR ANY THIRD PARTY FOR WHOM YOU
MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE,
WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF TGA OR OTHERWISE, SHALL
IN NO EVENT EXCEED THE FEES AND CHARGES OR LESS ACTUALLY PAID BY YOU FOR THE
APPLICABLE TGA GRADING SERVICES RENDERED BY TGA WITH RESPECT TO THE ITEMS
SUBMITTED FOR TGA GRADING SERVICES HEREUNDER. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL TGA OR ANY OF ITS AFFILIATES, OR
ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE
LIABLE TO YOU OR ANY OTHER PARTY, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE
THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF MONEY,
GOODWILL OR REPUTATION, COSTS OF DELAY OR LOST PROFITS, BUSINESS INTERRUPTION
DAMAGE, OTHER INTANGIBLE LOSSES OR ANY INTRINSIC OR SENTIMENTAL VALUE OF AN
ITEM, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, BODILY INJURY, PROPERTY
DAMAGE, EMOTIONAL DISTRESS, DEATH, REAL OR PROPERTY DAMAGE), EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
23. Data and Image Canadage. In the ordinary course of its
operations, TGA (a) compiles data regarding each item submitted for
authentication and/or grading, including, but not limited to, data relating to
the identity, production, condition and grade of the item (the “Data”); (b) may
take, have taken, or otherwise collect one or more digital or other types of
photographs, images, videos or reproductions of each such item (collectively,
the “Images”); and/or (c) may provide you access to notes that describe the
grade or condition of such item(s), which may include, without limitation, text
and modified versions of the Images (collectively, the “Grader Notes” and
together with the Data and Images, the “Grading Content”). In consideration for
the TGA Grading Services being provided by TGA, you, on your own behalf and
that of any third party for whom you may be acting, hereby authorize TGA (a) to
compile and maintain such Data with respect to each item submitted hereunder
for authentication and/or grading; and (b) to take, cause to be taken, or
otherwise collect one or more Images of each such item. You furthermore agree
that TGA will be the exclusive owner of all Grading Content and that TGA may
use and exploit such Grading Content for commercial and any other purposes, as TGA
in its sole discretion deems appropriate, including, but not limited to, the
publication and republication or reproduction in or on any media, of such
Grading Content. Without limiting the generality of the foregoing, you, on your
own behalf and that of any third party for whom you may be acting with respect
to these Terms, unconditionally and irrevocably transfer, convey and assign to TGA
any and all current and any hereafter acquired rights, title and interests
(including, without limitation, rights in copyright, patent, trade secret and
trademark) that you or any such third party may have in or to the Grading
Content (on whatever media or in whatever form such Images may be reproduced or
published). Notwithstanding the foregoing, TGA grants Customer a limited,
revocable license to use the Grader Notes for personal use, and to display,
publish, or restate the Grader Notes (including an image thereof) for an item
alongside a statement of the grade or image of the TGA certification label for
that item, so long as Customer (a) represents the content of the Grader Notes
in a complete and accurate manner and (b) clearly identifies the specific item
to which such Grader Notes apply. Otherwise, Customer may not, whether or not
through a third party, directly or indirectly publish, publicly display,
recreate, sublicense, or create derivative works from any of the Grader Notes
in any manner whatsoever without the prior written consent of TGA.
24. Indemnification. Without limiting the terms of the
User Agreement, you agree to indemnify and reimburse us and any third-party
service provider engaged by us for all claims, costs, losses, damages, fees,
fines, penalties and other liabilities and expenses incurred by us or brought
against us by any third party arising out of or relating to (a) your breach of
these TGA Terms or the User Agreement, including, without limitation, any
violation of any TGA policies applicable to the TGA Grading Services; (b) your
violation of any law or regulation or the rights of any third party; (c) your
access to or use any TGA Grading Services; and (d) your negligence, willful
misconduct, or fraud.
25. Governing Law and Dispute Resolution. Notwithstanding
anything to the contrary in the User Agreement, you acknowledge and agree that
the TGA Grading Services are delivered and these TGA Terms are accepted in the Province
of British Columbia and it is the intention of the parties that it be governed
by and construed in accordance with the substantive laws of that State, without
regard to conflicts of laws principles. THE DISPUTE RESOLUTION AND ARBITRATION
SET FORTH IN THE USER AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF THE
DISPUTE RESOLUTION PROCESS AND ARBITRATION AGREEMENT FOR ANY AND ALL DISPUTES,
CLAIMS, AND/OR CAUSES OF ACTION ARISING OUT OF RELATING IN ANY WAY TO THESE TGA
TERMS AND THE TGA GRADING SERVICES.
26. Force Majeure. TGA shall not be considered liable
or responsible to you or deemed to have defaulted or breach these TGA Terms and
TGA shall be entitled to an extension of the date of any performance required
of TGA under these TGA Terms if the failure of TGA to perform was because of a
Force Majeure Event. “Force Majeure Event” shall be an act of God, riot, war,
civil unrest, hostile fire, flood, earthquake, interruption of services
(including without limitation transportation and utility services) or other
cause beyond TGA’s reasonable control and anticipation (including without
limitation, any mechanical, electronic, or communications failure), or any
inability due to the aforementioned causes to obtain necessary labor,
materials, facilities or products.
27. Miscellaneous. The terms and provisions in these TGA
Terms and the User Agreement (and other terms referenced herein, as
applicable), constitute the entire agreement of TGA and you (and any third
party for whom you may be acting) regarding the TGA Grading Services identified
herein, and supersede all prior agreements and understandings (written or oral)
between or among such parties relating thereto (with the exception of the User
Agreement which remains applicable and controls). If it is determined that
there are any inconsistencies between these TGA Terms and the User Agreement,
then the documents will control in this order of precedence: the User Agreement
and the TGA Terms. If any term or provision of the TGA Terms is determined, by
a final and non-appealable ruling or order of a court of competent
jurisdiction, to be invalid or unenforceable under applicable law, such
invalidity or unenforceability shall not affect the validity or enforceability
of any of the other terms or provisions of these terms and conditions. Your
rights and obligations under these Terms may not be assigned or transferred
without the prior written consent of TGA. Each party shall execute and
deliver such additional documents and instruments as any other party may
request to better evidence or effectuate the agreements contained herein,
including the assignment of rights set forth herein, and procedures, and
further agree that TGA is entitled to rely upon and benefit from those terms
and procedures.
28. Contact Us. If you have any questions about these
Terms and Conditions, the User Agreement, or the TGA Grading Services, contact
us for written support.
True Grade Authentication Inc. dba TGA
Copyright © True Grade Authentication All rights reserved.