The following Terms of Service are a legal agreement between you (the "Customer") and AMBR Group LLC ("Company") relating to your use of the Company's website ambrgrading.com ("Site"), and your access, purchase, and use of the services and products offered by the Company, including authentication, grading, and encasement service(s) ("Service") from the Company.
By visiting our Site and/or purchasing something from us, you engage in our Service and agree that you have read this Terms of Service Agreement ("Agreement") and agree to be bound by these terms of Service, including any additional terms and conditions and policies referenced herein and/or available by hyperlink, and further agree that the Company is entitled to rely upon and benefit from your acceptance of the terms of this Agreement. The terms of this Agreement apply to all users of the Site. By checking the box at the end of this Agreement, you acknowledge and accept all of the included terms and conditions of this Agreement.
Visiting www.ambrgrading.com, sending emails to the Company, or sending messages through 3rd-party methods (i.e. SMS or social media) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, 3rd-party methods, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You must be 18 years or older (or have permission of parents or guardians 18 years or older) to use www.ambrgrading.com or to purchase materials or services from our website. If you are a parent or guardian, and you allow your child to use the services, then these terms apply to you and you are responsible for your child's use of the services.
www.ambrgrading.com may contain links to other websites ("Linked Sites"). The Linked Sites are not controlled by the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you as a convenience, and the inclusion of a link does not imply endorsement of the site or any association with its operators.
Certain services made available via www.ambrgrading.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ambrgrading.com domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.ambrgrading.com users and customers.
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 the Company 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. The Company 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 the Company 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 the Company or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by the Company 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. You agree that you will not use the Company Content accessed through www.ambrgrading.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or any of the services or products offered by Company. This includes the Company's grade or determination of authenticity, 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. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses and pay all attorneys' fees.
In the event the parties are not able to resolve any dispute between them arising out of or concerning any services of the Company or this Agreement, 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 mandatory, final and binding arbitration pursuant to the Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001 et seq., conducted by a single neutral arbitrator, in a location within the State of Arizona that is 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 regard 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 Arizona law 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.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMBR GROUP 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. AMBR GROUP 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.
Notwithstanding anything to the contrary contained herein, THE MAXIMUM AGGREGATE LIABILITY THAT THE COMPANY SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, SHALL IN NO EVENT EXCEED THE CHARGES ACTUALLY PAID BY CUSTOMER FOR THE AUTHERNITCATION OR GRADING SERVICES RENDERED BY THE COMPANY WITH RESPECT TO THE ITEMS SUBMITTED FOR AUTHENTICATION OR GRADING HEREUNDER.
The Company reserves the right, in its sole discretion, to refuse service to anyone for any reason at any time. The Company may terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Company will endeavor to authenticate and/or grade items within the time frame, if any, offered as part of the applicable Company service. However, the Company will have no liability whatsoever to Customer for incidental or consequential damages due to the Company's failure to authenticate or grade any items within any time frame. All days are business days.
Customer represents and warrants that they have no knowledge and no reasonable basis to believe that any item submitted for authentication or grading is not genuine or contains non-disclosed alterations or restorations, including, but not limited to, any method used to change or enhance the appearance, condition, or content of an item. The Company will not grade items which are of questionable authenticity, and Customer agrees not to knowingly submit any such items to Company. Customer agrees that in the event the Company rejects any items for grading, the Company may not refund the amount paid by Customer because the determination to reject an item requires a review by the Company's graders and authenticators.
Authentication and Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, the Company makes no warranty or representation and shall have no liability whatsoever to Customer for the grade assigned by the Company to any item or for the authentication determination by the Company. Partial refunds are at the discretion of the Company once the item begins the authentication and grading process.
The Company will authenticate and grade submitted autographed items, however no claim of authenticity is made to the autograph. Claims of authenticity only apply to the item.
The Company will exercise reasonable care in handling items submitted for authentication, grading, review, or re-encasement. However, if the Company determines that Customer's item was lost or damaged while in the Company's possession, Customer will be compensated based upon the fair market value of the item as determined by the Company's standard procedures, which may include filing a claim with our insurance carrier. The declared value you provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be Customer's exclusive remedy for any loss or damage. The Company reserves the right to decline your Declared Value and to require you to pay for the accurate Service Level as a condition of completing the authentication and grading process.
Customer agrees that it will notify the Company if the Customer knowingly submits an item encapsulated within a case, holder or other protective outer layer that is broken, tampered with, or otherwise defective in any manner. If the Company receives from Customer a case, holder or other protective outer layer that is broken, tampered with, or defective in any matter, regardless of whether or not the Customer knew the case/holder was broken, then the Company shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, for any further or additional damage that may occur to the case/holder or the item contained therein if the Company opens or otherwise removes the broken or defective case/holder.
In the event the Company, in the Company's sole and absolute opinion, determines that an item within an Company holder is fraudulent, tampered with, or is not accurately described, then the Company is authorized, without further notice to Customer, to remove the item from the holder. In addition, if an item has been previously graded by the Company and placed in a holder, and such item is subsequently damaged due to Customer's lack of care, then the Company reserves the right to remove the item from its holder, and is under no obligation to re-grade such an item.
Customer acknowledges and agrees to exercise reasonable care with regard to any item graded and/or authenticated by the Company, and further acknowledges and agrees items in a Company holder can be damaged and/or destroyed if reasonable care is not exercised (i.e. holders are not waterproof or carry guarantee of UV-resistant).
Customer must inspect all items immediately upon receipt and the Company disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to the Company within ten (10) days of Customer's receipt of the item(s). Customer agrees to return any incorrectly described item to Company upon request for correction and agrees to indemnify and hold Company harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
Customer agrees (a) to pay to the Company all pricing, fees, and other charges when due; (b) that any delinquent balances shall accrue interest at the rate of 1% per month until paid (or, if less, the maximum interest rate permitted by applicable law); and (c) that the Company shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of the Company or its affiliates (collectively, the "Property"), to secure payment of any fees or charges. Customer hereby grants to the Company an assignment of and lien against the Property in the amount of any pricing and other charges due and payable pursuant to the terms of this Agreement. Customer hereby authorizes the Company 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 the Company deems necessary in connection with the perfection of a security interest in the Property.
Shipping services are provided for purchase through the Company's Site and are charged to the Customer. If return shipping expenses exceed the shipping price at the time of processing, the Company reserves the right to charge the difference in cost before shipping the items back to the Customer.
Processed orders will ship within 2 business days upon completion.
Materials and/or personal items included by the Customer in a shipment to the Company may or may not be returned to the Customer in the return shipment. The Company makes good faith efforts to keep those items with the Customer's order, but cannot be guaranteed to be returned.
The Company shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, resulting from the breaking open of a Company item holder, or for any damage to any item that the Company can reasonably demonstrate occurred while the item was not in the custody or control of the Company including, but not limited to, loss or damage to items while being shipped to the Company, or while being shipped by the Company to Customer by a method selected and paid for by Customer.
In the ordinary course of its authentication and grading operations, the Company (i) 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"); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the "Images"). The extent and type of Data compiled and Images taken by Company may differ from time to time and from circumstance to circumstance, solely at Company's discretion. In partial consideration for the authentication and/or grading services being provided by the Company, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes the Company (i) to compile and maintain such Data with respect to each item submitted hereunder for authentication and/or grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that the Company will be the owner of such Data and all such Images and that the Company may use and exploit such Data and the Images for commercial and any other purposes, as the Company in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, Customer, on behalf of itself and any third party for whom Customer may be acting with respect to this agreement, unconditionally and irrevocably transfers, conveys and assigns to the Company any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that Customer or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
If any items are being submitted for a third party, Customer represents and warrants that such third party has agreed and accepted this Agreement and has signed a duplicate copy hereof. Customer agrees to provide that third party signed copy to the Company at any time upon its request.
This Agreement is delivered and accepted in the State of Arizona 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 parties hereby consent to the exclusive jurisdiction in Arizona with respect to any legal action to enforce the terms and conditions of this Agreement or otherwise arising under or with respect to this Agreement or any Services of Company, and agree that arbitration will be conducted in Pima County, Arizona, and venue for any court proceedings shall be in the Superior Court of Arizona, County of Pima, or, if applicable, federal District Court sitting in the County of Pima, State of Arizona, , and the State of Arizona shall be the sole forum, for the bringing of such action. Each of Customer and the Company agrees that the prevailing party in arbitration or any court proceeding shall be entitled to an award of its reasonable attorney's fees, costs, and expenses.
The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of the Company and Customer (and any third party for whom Customer may be acting) regarding, and supersede all prior agreements and understandings (written or oral) between or among such parties relating to, the subject matter hereof. If it is determined that there are any inconsistencies between this Agreement and the Customer Agreement, then this Agreement shall control. If any term or provision of this Agreement 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 this agreement. 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 in Section 11, and procedures, and further agree that the Company is entitled to rely upon and benefit from those terms and procedures.
The Company reserves the right, in its sole discretion, to change the Terms under which ambrgrading.com is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Ambr Grading welcomes your questions or comments regarding the Terms:
Ambr Group LLC
9040 S. Rita Rd. Ste 1201
Tucson, AZ 85747
Email Address: email@example.com
Effective as of October 01, 2021