Terms and Conditions
Agreement between User and www.hybridgrading.com
Privacy
Use of your Personal Information
HGA collects and uses your personal information to operate its website(s) and deliver the services you have requested.
HGA may also use your personally identifiable information to inform you of other products or services available from HGA and its affiliates.
Eletronic CommunicationElectronic Communicationss
Your Account
Orders must be received within 90 business days (not including Federal Holidays) after order has been submitted and paid for.
Children Under Thirteen
Links to Third Party Sites/Third Party Services
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HGA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HGA of the site or any association with its operators. Certain services made available via www.hybridgrading.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.hybridgrading.com domain, you hereby acknowledge and consent that HGA may share such information and data with any third party with whom HGA has a contractual relationship to provide the requested product, service or functionality on behalf of www.hybridgrading.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.hybridgrading.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to HGA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HGA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HGA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HGA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HGA or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by HGA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws, including and not limited to duties and additional shipping fees. You agree that you will not use the HGA Content accessed through www.hybridgrading.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless HGA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you,
your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HGA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HGA in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Further, unless both you and HGA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
HYBRID GRADING APPROACH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HYBRID GRADING APPROACH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYBRID GRADING APPROACH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HYBRID GRADING APPROACH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Customer Guarantee
This guarantee does not apply to delays outside the reasonable control of HGA, including, but not limited to: (1) orders with cards we are unable to authenticate (2) orders that require feedback or input from the customer or manufacturer (3) orders with in person autographs (4) orders with cards issued outside of the United States (5) orders with cards printed in a language other than English (6) orders containing incomplete or inaccurate customer information.
Not valid on 2 and 10 day orders if order is not received at HGA within 10 business days of placing the order. A 2 or 10 day order may be cancelled by HGA if cards are not received within 10 business days of placing the order.
Grades and Artistry
Payment Processing/Refunds
Insurance covers fair market value, fair market value is calculated by using the most recent sales of the exact same card. Insurance does not cover declared value.
- All packages automatically have a carrier insurance of $100
- Any additional insurance is processed through our third-party insurance
- Any package that is insured for $500 or more automatically will receive a signature required upon delivery
- There may be a request made by a customer to add a signature without added insurance, or if the insurance is below the $500 threshold
- If there are any problems regarding the delivery or condition of the package when delivered and an insurance claim needs to be processed the customer must immediately contact HGA
- If there is damage on a delivered package the customer must provide HGA with photos of all six sides of the package and must hold on to the package until full insurance is processed. The package may not be released back to the
Changes to Terms
Contact Us
HGA welcomes your questions or comments regarding the Terms:
Hybrid Grading Approach LLC 816 Willow Avenue, Suite 103 Knoxville, TN 37915 Email Address: help@hybridgrading.com