Ballers Bank Grading Terms and Conditions

As part of making a submission to The Ballers Bank, Customers must read and affirmatively agree to the following The Ballers Bank Grading Terms and Conditions (the “Agreement”) in order to advance through and complete their order as part of the online submission process. Customers agree to abide by this Agreement and further agree that The Ballers Bank is entitled to rely upon and benefit from this Agreement as part of the submission process.

1. The Ballers Bank will endeavor to grade items within the time frame, if any, offered as part of a grading service. However, The Ballers Bank will have no liability whatsoever to Customer for incidental or consequential damages due to The Ballers Bank's failure to grade any items within any time frame. All days are business days.

 

1. The Ballers Bank will not grade items which bear evidence of trimming, recoloring, restoration or any other form of tampering, or are of questionable authenticity, and Customer agrees not to knowingly submit any such items. Customer agrees that in the event The Ballers Bank rejects any items for grading, The Ballers Bank shall not refund the amount paid by Customer because the determination to reject an item requires a review by The Ballers Bank's team. Customer represents and warrants that they have no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not genuine. For purposes of this Agreement, “altered items” shall have the meaning set forth in the applicable Dealer Agreement or The Ballers Bank Agreement by and between Customer and The Ballers Bank (the “Customer Agreement”). If Customer has not entered into the Customer Agreement, Customer hereby agrees to be bound by the terms of the Customer Agreement, a copy of which can be found at here, and Customer's acceptance of this Agreement shall constitute Customer's signature on the Customer Agreement. Customer reaffirms its obligations with respect to Doctored items set forth in the Customer Agreement.

 

1. Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, The Ballers Bank makes no warranty or representation and shall have no liability whatsoever to Customer for any opinion rendered, grade assigned, or statement made (including Grader Notes as defined in Section 14, below) by The Ballers Bank with respect to any item. Any Grader Notes The Ballers Bank may provide are intended for illustrative purposes only and are not meant as exhaustive documentation of the grading services. Any amount paid to The Ballers Bank is NON-REFUNDABLE once the item begins the authentication and/or grading process.

 

1. An autographed item submitted under The Ballers Bank item grading and autograph authentication combination service must pass both autograph authentication and item grading authentication in order to be encapsulated. For example, an item that is deemed altered in any way will not be encapsulated even though the autograph may be genuine. In addition, if the item is deemed original and unaltered yet the autograph does not pass inspection, then the item may not be encapsulated. There may be very rare exceptions to the rule on a case-by-case basis (in cases where the autograph and item are deemed authentic but the item has been altered in some fashion). In a rare case where an authentic item has been altered, The grading company which The Ballers Bank uses may choose to label the item “Authentic” since the item cannot have a grade assigned. The final determination as to whether an item is encapsulated under these conditions is at The Graders sole discretion. Amount paid to The Ballers Bank is NONREFUNDABLE once the item begins the authentication and/or grading process.

 

1. The Ballers Bank will exercise reasonable care in handling items submitted for grading, review, or reholdering. However, if The Ballers Bank determines that Customer's item was lost or damaged (certain situations excluded) while in The Ballers Bank's possession, Customer will be compensated based upon the fair market value of the item as determined by The Ballers Bank standard procedures, which may include filing a claim with their insurance carrier. Notwithstanding the foregoing, due to the fragile or delicate nature of some items inherent in their manufacture, The Ballers Bank reserves the right to exclude such items from this section because they may become damaged without any mishandling on The Ballers Bank's part. By agreeing to these terms, Customer hereby releases The Ballers Bank of any liability if Customer elects to submit such naturally fragile or delicate items for authentication and grading. The declared value Customer provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than the 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, and is subject to Customer irrevocably releasing and discharging The Ballers Bank and its affiliates from any liability for loss or damage to the item whatsoever, regardless of The Ballers Bank’s actions or omissions. Customer must sign The Ballers Bank’s standard Release of Claims as a condition of payment. The Ballers Bank reserves the right to decline Customer's Declared Value and to require Customer to pay for the accurate Service Level as a condition of completing the authentication and grading process. For more information regarding Declared Value, refer to the FAQ on The Ballers Bank's website at https://www.theballersbank.com/resources/faq#104. If Customer's submission is not in conformity with this Agreement or The Ballers Bank's submission guidelines, The Ballers Bank reserves the right to process the submission and correct any non-conformity without notice to Customer. (See https://www.theballersbank.com/submissions/ for additional information.)

 

1. Customer must inspect all items immediately upon receipt and The Ballers Bank 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 Ballers Bank within five (5) days of Customer's receipt of the item(s). Customer agrees to return any incorrectly described item to The Ballers Bank upon request for correction and agrees to indemnify and hold The Ballers Bank harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.

 

1. Customer agrees (a) to pay to The Ballers Bank 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 The Ballers Bank shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of The Ballers Bank or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to The Ballers Bank 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 Ballers Bank 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 Ballers Bank deems necessary in connection with the perfection of a security interest in the Property.

 

1. Customer represents and warrants that Customer is the cardholder or authorized user of the payment method(s) Customer provides, and Customer authorizes The Ballers Bank to (a) use the payment method for the Final Amount Due (see below) in connection with Customer’s 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 The Ballers Bank. Customer further authorizes The Ballers Bank to charge the payment method for any additional service Customer may select during The Ballers Bank Online Submission process or otherwise via The Ballers Bank website. Customer further acknowledges and agrees that The Ballers Bank may request an authorization when Customer provides a payment method to The Ballers Bank in connection with any service to ensure that the payment method is valid and that Customer has sufficient funds to complete the transaction. Customer understands that Customer’s card issuer may hold the authorized amount for a period of time as determined by such card issuer.

The “Final Amount Due” is equal to the price of the Service Level Customer selects multiplied by the number of items in the order, adjusted to account for the Service Level price applicable to any item for which The Ballers Bank determines its value to exceed the maximum Declared Value for the selected Service Level. Accordingly, if after grading and processing the submitted items, The Ballers Bank determines that the value of any item exceeds the maximum Declared Value allowed for the Service Level selected, the Final Amount Due will reflect the higher cost of the Service Level appropriate for all such item(s). CUSTOMER AUTHORIZES THE BALLERS BANK TO CHARGE THE FINAL AMOUNT DUE TO CUSTOMER’S PAYMENT METHOD WITHOUT NOTICE TO OR FURTHER AUTHORIZATION BY CUSTOMER SO LONG AS SUCH AMOUNT DOES NOT EXCEED THE ESTIMATED ORDER TOTAL AT CHECKOUT BY MORE THAN FIVE HUNDRED DOLLARS ($500). All charges will be made in U.S. dollars ($ USD).

Customer agrees that the authorization provided by Customer for The Ballers Bank to store and use the payment method and related information for future orders and charges will remain in effect until canceled by Customer. Customer may cancel such authorization by contacting The Ballers Bank.

1. Customer agrees (a) to pack and ship each item submitted to The Ballers Bank in strict accordance with all applicable submission instructions and requirements (including, without limitation, those published by The Ballers Bank at https://www.theballersbank.com/info/shipguide and (b) to be charged one or more fee(s) for non-conforming packaging of any item, order, or group of orders, as disclosed in the Shipping Guide. Carriers to whom Customer entrusts inbound items do not represent and do not act as an agent of The Ballers Bank. The Ballers Bank shall have no liability whatsoever for: (a) any damage to any item while in transit to The Ballers Bank, (b) any damage caused as a result of packing that does not strictly conform to our written specifications (found at https://www.theballersbank.com/info/shipguide) (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 Customer utilizes for delivery of order item(s) to The Ballers Bank, Customer bears 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 The Ballers Bank (even if The Ballers Bank provides a shipping label for shipment of the item(s)); (b) obtaining or foregoing insurance coverage on any item while in transit; and (c) the expense of the delivery and shipment of the item(s). The Ballers Bank bears no responsibility for any item until it has been unpacked, identified, by The Ballers Bank; the carrier's completion of delivery shall have no effect on The Ballers Bank’s responsibility, even if carrier indicates that The Ballers Bank signed for the package. For return shipment following completion of The Ballers Bank grading service(s) or upon rejection of an item, The Ballers Bank shall ship and insure the applicable item(s) as part of the services unless Customer elects shipment via Customer’s own shipping account, in which case The Ballers Bank will not insure any outbound item(s). Customer is in any case free to obtain their own package or shipping insurance. With respect to any item insured by The Ballers Bank for return shipment. 

 

1. For avoidance of doubt, any inbound shipping option made available to Customer (including insured and non-insured shipping options) remains subject to all of the General Shipping Requirements in Section 9, including but not limited to The Ballers Bank submission instructions and requirements referenced there. 

 

11. The Ballers Bank 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 item holder, or for any damage to any item that The Ballers Bank can reasonably demonstrate occurred while the item was not in the custody or control of The Ballers Bank including, but not limited to, loss or damage to items while being shipped to The Ballers Bank, or while being shipped by The Ballers Bank to Customer by a method selected and paid for by Customer.

 

12. Except as expressly set forth herein to the contrary, The Ballers Bank DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE BALLERS BANK'S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

13. Notwithstanding anything to the contrary contained herein, THE MAXIMUM AGGREGATE LIABILITY THAT THE BALLERS BANK 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 GRADING CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY THE BALLERS BANK WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL THE BALLERS BANK OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. 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 Ballers Bank at any time upon its request.

 

15. This Agreement is delivered and accepted in the State of California 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 personal jurisdiction of the courts of the State of California 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, and agree that the Superior Court of California, County of Santa Clara, or, if applicable, federal District Court sitting in the County of Santa Clara, State of California, shall be the sole venue, and the State of California shall be the sole forum, for the bringing of such action. Each of Customer and The Ballers Bank agrees that the prevailing party shall be entitled to an award of its reasonable attorney's fees, costs and expenses.

 

16. The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of The Ballers Bank 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 14, and procedures, and further agree that The Ballers Bank is entitled to rely upon and benefit from those terms and procedures.