MBA Ventures LLC: 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 www.mbadiamond.com 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 for grading and/or certification. This means they have the opportunity to present their items for the MBA's professional evaluation services to determine their quality, authenticity, and value.

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 organization.

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.

This policy allows for a seamless integration of personal and professional interests, enabling 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 prevailing prices at the time of provision.

Service Fees and Up-charges

MBA reserves the right to increase service fees for items with a low estimated value or apply up-charges for items requiring custom modifications, research, or that are oversized or non-standard.

Submission Integrity

The Customer agrees not to submit items that show evidence of tampering, such as trimming, recoloring, or restoration, or that are of questionable authenticity ("Altered Items"). MBA will not grade Altered Items and is not obligated to refund any fees for these items. The Customer warrants that they have no knowledge or reason to believe any submitted item has been altered or is not genuine.

Prohibited Submissions

The Customer agrees not to submit forged, counterfeit, or non-genuine items for any services, including grading and uniform authentication. This policy ensures that all submissions are legitimate and can be accurately evaluated.

For details on the types of submissions we grade and our associated policies, please refer to the Submission Guidelines & Policies link. This resource provides comprehensive information on acceptable submissions and the procedures we follow to maintain the integrity of our grading and authentication services.

Opinion and Limitations of Liability

All findings related to items represent the opinion of MBA Ventures, LLC ("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 alter its determination of authenticity based on the review of new information.

MBA, along with its officers, employees, agents, predecessors, and successors, makes no guarantees, warranties, or representations, express or implied, regarding the genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the item identified herein. This includes, without limitation, any verbal statements made by MBA before or after a certification is issued.

In consideration of MBA issuing any certification of authenticity, the customer hereby releases MBA from all liability and damages of any kind, whether actual or consequential, arising out of or related to the issuance of any certification. 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. This release of liability applies to all opinions provided by MBA and any changes in such opinions.

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 or produce a new letter of authenticity, if necessary, at MBA's expense.

Image Rights

MBA has the right to capture and use images of any submitted items. The Customer agrees that MBA may publish these images and related information without compensation, and all images created or modified by MBA are the property of MBA.

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 liability will not exceed the fees paid for grading and/or authentication or the net proceeds of insurance, less any deductible. This compensation is the Customer's exclusive remedy.

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.

Customer Responsibilities

The Customer agrees to handle graded and/or authenticated items with care and acknowledges that items in an MBA holder can be damaged or destroyed if not handled properly.

Warranty Disclaimer

All findings from MBA represent its opinion based on significant knowledge and research. However, opinions may change over time with new information. MBA makes no guarantees or warranties regarding the item's authenticity or condition, including any verbal statements made before or after certification.

Limitation of Liability

MBA's maximum liability for any cause is limited to the fees paid for grading and/or authentication or the net proceeds of insurance, less any deductible. MBA and its affiliates are not liable for incidental, special, consequential, or other damages.

Data and Image Rights

MBA may collect data and take images of items submitted. The Customer authorizes MBA to use and exploit this data and images commercially and transfers all rights in the data and images to MBA.

Third-Party Submissions

If items are submitted on behalf of a third party, the Customer represents that the third party has agreed to these Terms and Conditions and will provide a signed copy upon request. MBA will not proceed with work until this signed copy is received.

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 receiving transactional emails related to account confirmation, password resets, order confirmations, 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 Global Customer 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.