Diamond Elite Cards Terms & Conditions for Group Submissions

Customer Acknowledges that he/she has read the Diamond Elite Cards, LLC (DEC LLC) Grading Terms and Conditions (the “Agreement”) set forth below and agrees to abide by this Agreement, and further agrees that DEC LLC is entitled to rely upon and benefit from this Agreement.

1. DEC LLC will endeavor to get cards graded within a reasonable time frame. However, DEC LLC will have no liability whatsoever to Customer for incidental or consequential damages due to DEC LLC’s failure to grade any items within any time frame. All days are business days.
2. DEC LLC will not submit any 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 DEC LLC rejects any items for submission, Customer will still be responsible for any add on services they agreed to. Customer represents and warrants that he/she has no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not genuine
3. Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, DEC LLC makes no warranty or representation and shall have no liability whatsoever to Customer for the grade assigned by PSA, BGS or CSG to any item. Amount paid to DEC LLC is NON-REFUNDABLE once the item begins the authentication and/or grading process.
4. DEC LLC makes no guarantees or representation regarding any guarantees related to grading accuracy, grading authenticity and grading quality that PSA, BGS or CSG offers. In the event that there are any issues related to these issues, Customer agrees that DEC LLC has no liability, responsibility or obligation and that any and all issues will be addressed with the respective grading company. 
5. DEC LLC will exercise reasonable care in handling items submitted for grading, review, or reholdering. However, if DEC LLC determines that Customer’s item was lost or damaged while in DEC LLC’s possession, Customer will be compensated based upon the fair market value of the item as determined by DEC LLC 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. 
6. Customer Agrees to pay the accurate Service Level as a condition of completing the authentication and grading process, as determined by each respective Grading Company, regardless of the declared value or the service level chosen when submitting cards to DEC LLC. 
7. Customer must inspect all items immediately upon receipt and DEC LLC disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to DEC LLC within three (3) days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to DEC LLC upon request for correction and agrees to indemnify and hold DEC LLC harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
8. Customer agrees (a) to pay to DEC LLC 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 DEC LLC shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of DEC LLC or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to DEC LLC 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 DEC LLC 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 DEC LLC deems necessary in connection with the perfection of a security interest in the Property.
9. DEC LLC 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 DEC LLC item holder, or for any damage to any item that DEC LLC can reasonably demonstrate occurred while the item was not in the custody or control of DEC LLC including, but not limited to, loss or damage to items while being shipped to DEC LLC, or while being shipped by DEC LLC to Customer by a method selected and paid for by Customer.
10. Except as expressly set forth herein to the contrary, DEC LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING DEC LLC’S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Notwithstanding anything to the contrary contained herein, except with respect to the remedies under the DEC LLC Financial Guarantee of Grade and Authenticity set forth at DEC LLCCard.com (the “Guarantee”), THE MAXIMUM AGGREGATE LIABILITY THAT DEC LLC 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 SERVICE CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY DEC LLC WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL DEC LLC 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.
12. In the ordinary course of its grading operations, DEC LLC (i) compiles data regarding each item submitted for 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”). In consideration for the grading services being provided by DEC LLC, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes DEC LLC (i) to compile and maintain such Data with respect to each item submitted hereunder for grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that DEC LLC will be the owner of such Data and all such Images and that DEC LLC may use and exploit such Data and the Images for commercial and any other purposes, as DEC LLC 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 DEC LLC 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).
13. 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 DEC LLC at any time upon its request.
14. This Agreement is delivered and accepted in the State of Texas 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 Texas 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 Travis County shall be the sole venue, and the State of Texas shall be the sole forum, for the bringing of such action. Each of Customer and DEC LLC agrees that the prevailing party shall be entitled to an award of its reasonable attorney’s fees, costs and expenses.
15. The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of DEC LLC 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 DEC LLC is entitled to rely upon and benefit from those terms and procedures.