Terms & Conditions
The Grading Authority LLC. Terms and Conditions
Welcome to The Grading Authority LLC. (“TGA” or “we” or “us”) website at www.tgacards.com and other affiliated websites (together, collectively, the “Website”).
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING, USING, AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, OR PURCHASING ANY GOODS OR SERVICES FROM THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE “TERMS” OR THIS “AGREEMENT”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.
IF YOU PURCHASE GOODS OR SERVICES, YOUR CREDIT CARD WILL BE CHARGED. PLEASE REVIEW THESE TERMS CAREFULLY SO THAT YOU UNDERSTAND WHEN YOUR CARD WILL BE CHARGED AND HOW GOODS WILL BE SHIPPED TO YOU.
Products, Content, Specifications, and Accuracy of Information: We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website, including but not limited to the availability or specifications of any Goods.
All features, content, specifications, products, services, and prices of the goods or services (“Goods”) described or depicted on the Website are subject to change at any time without notice. As a part of the Website, you may ship certain goods to us as a part of the services we provide, including but not limited to, trading cards and autographs. Items submitted to us will be referred to as “Submitted Goods” and may sometimes be included in “Goods”.
Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Goods in this Website at a particular time does not imply or warrant that those Goods will be available at any time.
We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any Goods, to refuse service to any user or customer and/or to refuse access to the Website by any user, visitor or customer.
We also may require verification of information prior to the acceptance of any order.
Shipping: TGA may ship Goods directly to you, or TGA may use a third party fulfilment center in connection with the shipment of Goods. When shipping Goods to you, we will use the current address provided to us. Please update this address as necessary. If the address is changed and we haven’t been notified, we will not be liable for any failure to complete an order or complete a shipment of Goods.
Services will not be provided until complete payment is received by TGA or its partners. TGA may use a third party to process your payment. In the event that TGA is not able to process your payment on the first try, it has the right, but no obligation, to re-run the credit card. If the payment is not processed, no services will be provided. TGA or its partners will attempt to contact you to advise that the payment could not be processed, but may not always be successful. It is your reasonability to confirm that an order was accepted. TGA is not responsible for any delays or failures to ship in the event a payment couldn’t be processed.
TGA or its partners will ship the Goods, once payment is processed, to the address submitted in connection with your order of Goods. In the event that the address is not correct or the shipment cannot be made to that address, the Goods will be returned to TGA or its partners and you may still be responsible for shipping costs.
If you order Goods and your payment cannot be processed or shipment cannot reach you, TGA may sell the Goods you ordered to a third party, and TGA will not be responsible in the event an item sells out and you are not able to re-order it.
Use of Website Content: All materials provided on the Website, including but not limited to source code, Website development information, technical specifications, information, documents, products, logos, graphics, sounds, images, compilations, videos, photographs, content and services (“Materials” or “Content”), are provided either by TGA or by respective third party hosts, authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of TGA and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of TGA and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website or any other server without TGA’s prior express written permission.
Except where expressly provided otherwise by TGA, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of TGA’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by TGA. TGA does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by TGA.
Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Links to Third Party Sites: The Website may contain links or have references to apps controlled by parties other than TGA. TGA is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party apps. TGA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TGA of the linked Website and/or the content and materials found at the linked Website, except as specifically stated otherwise by TGA. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Submissions: Except where expressly provided otherwise by TGA, all comments, feedback, information and data submitted to TGA through, in association with or in regard to the Website and/or any other TGA goods or services (“Submissions”) shall be considered non-confidential and TGA’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method TGA sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to TGA, you agree to assign to TGA, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant TGA these rights. TGA shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not TGA, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You may not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
TGA reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any TGA site that violates these Terms and Conditions and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and Conditions and/or protect the safety or security of any person or property, including any TGA site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under age of 18). If you do so, TGA reserves the right to cancel or suspend your submissions. Furthermore, TGA reserves the right to cancel or suspend your submissions, if in its sole discretion, it believes you are using TGA for improper purposes, or any purpose inconsistent with its business.
Children: TGA does not accept Submissions from persons under the age of 14 (“Child” or “Children”). Furthermore, TGA does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 14.
TGA IP: “TGA IP” shall mean all patents, copyrights, trade secrets, trademarks, inventions, ideas, processes, other intellectual property rights, trade secrets and other proprietary rights, including but not limited to application look-and-feel, images, photographs, software, applications, algorithms and/or source code, created, used, developed or owned by TGA before or after the effective date of these Terms, or any modifications, derivatives or improvements thereof, or any content or intellectual property rights that are otherwise provided by or created by TGA. As between you and TGA, TGA owns all right, title and interest in and to all TGA IP.
Waiver and Amendment: Changes or modifications to these Terms may not be made orally, but only by a dated, written amendment or revision signed by both parties. Any terms or conditions varying from this Agreement on any order, invoice or other notification from either party are not binding upon the other party unless specifically called to the attention of the receiving party as a change, amendment or modification and specifically accepted in writing by the party against whom enforcement is sought. A delay or omission by either party to exercise any right or power or to enforce any provision under this Agreement will not be construed to be a waiver thereof. No waiver of any breach of any provision of this Agreement shall be effective unless evidenced by a dated written instrument executed by the party against whom enforcement is sought. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof or thereof.
Relationship of the Parties: No joint venture, partnership, employment, or other relationship is being created by this Agreement and neither party will have any authority to bind or commit the other. Nothing in this Agreement will be deemed to provide you with any right to or interest in the employment benefits that TGA provides to its employees, such as health insurance, stock options or retirement plans.
Severability: In the event that any provision in this Agreement shall be found by a governmental authority, court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall (providing same is not inimical to the intended purpose to this Agreement) be construed and enforced as if it had been narrowly drawn so as not to be invalid, illegal or unenforceable, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
Assignment: You shall not assign or otherwise transfer, whether voluntarily, involuntarily or by operation of law, all or any part of its rights, obligations or interests under this Agreement, and any attempt to do so shall be void and of no force or effect for any purpose whatsoever and shall constitute a breach of this Agreement. Subject to the foregoing, this Agreement shall be binding and enforceable upon and inure to the benefit of the parties hereto and their permitted assigns, transferees, successors and successors-in-interest.
Governing Law; Venue: This Agreement shall be governed by and construed solely and exclusively in accordance with the substantive laws of the State of New Hampshire, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. Any legal action, suit, or proceeding arising out of or relating to this Agreement may be instituted in any state or federal court located within the Merrimack County, State of New Hampshire, and each party agrees not to assert, by way of motion, as a defense, or otherwise, in any such action, suit or proceeding, any claim that such party is not subject personally to the jurisdiction of such court in an inconvenient forum, that the venue of the action, suit or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. Each party further irrevocably submits to the jurisdiction of any such court in any such action, suit or proceeding. Nothing herein contained shall be deemed to affect the right of any party to serve process in any manner permitted by law or to commence legal proceedings.
Attorneys’ Fees: The prevailing party, as determined by a court or arbitrator of competent jurisdiction, shall be entitled to recover its reasonable attorneys’, witness, and other fees in any action to enforce or interpret any part of this Agreement (including fees on any appeal).
Third-Party Beneficiaries: This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person who is not a party to this Agreement.
Headings: Captions and headings contained in this Agreement have been included for ease of reference and convenience and will not be considered in interpreting or construing this Agreement.
Limitation of Liability: TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TGA EXCEED $1,000.00. IN NO EVENT SHALL TGA OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
Licenses from TGA: You are being granted solely a revocable, limited license, in compliance with these terms.
Representations and Warranties: Each party represents and warrants that it has the power and authority to enter into these Terms. TGA warrants that it will provide the Website in a manner consistent with its business practices, as TGA, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
Disclaimer of Warranties: EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TGA, THE MATERIALS ON THE WEBSITE, THE WEBSITE AND THE GOODS ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, TGA AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. TGA AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TGA AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER TGA NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND GOODS AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. TGA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY TGA, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TGA EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
Indemnities: You shall defend and indemnify TGA and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against TGA or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. TGA shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the Goods or Materials associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the Goods or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Your Responsibilities: You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which TGA controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
Notices: TGA may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in TGA’s account information, or by written communication sent by first-class mail or pre-paid post to your address on record in TGA’s submission information. You may give notice to TGA at any time by letter sent by confirmed facsimile to TGA, by letter delivered by registered mail with return receipt to The Grading Authority LLC., 160 Dover Road Suite 5, Chichester, NH 03258. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed email or posting to the Website. Furthermore, TGA complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to TGA, LLC.’s designated agent via email at [email protected] or via registered US mail sent return receipt to DMCA Compliance Agent, The Grading Authority LLC., 160 Dover Road Suite 5, Chichester, NH 03258.
Any action related to these Terms will be governed by New Hampshire law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims, or causes of action arising out of or in connection with these Terms or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Merrimack County, New Hampshire, and to arbitration, as stated herein. At the request of TGA, any controversy or claim related to these Terms (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though these Terms provide that it is governed by the laws of New Hampshire. The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms. This paragraph does not limit the right of TGA to (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.
These Terms represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. TGA reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between TGA and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of TGA. Any purported assignment in violation of this section shall be void. TGA reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by TGA.
Intellectual Property Notices No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by TGA.
The TGA identifiers referenced herein are property of TGA and/or its affiliates, and may be registered in certain jurisdictions.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact our Customer Service Department at [email protected]