Terms and Conditions

Services Terms and Conditions

These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and described in the online pressing services product forms:

1. You are submitting collectible(s) for services provided by Michael Frederik Sorensen aka “KaptainMyke”, owner of www.kaptainmyke.com, www.comicbookcpr.com  , and www.comicbookcpr2.com, author of “Comic Book CPR” and “Comic Book Stain Removal and Whitening” by which for the rest of this entire document are collectively referred to herein as the “Companies” and each individually as a “Company”.

2. Customer shall complete all submission information on the online Product Forms, and package and ship all collectibles. Customer represents and warrants to each Company that the Declared Value set forth on the Submission Form represents Customer’s good faith belief as to the market value of the collectible. If a Company determines that collectibles are undervalued, it will adjust the Services and fees according to its determination of the fair market value of the collectible. However, Company will not adjust the Declared Value stated by the Customer. If a Company determines that collectibles are submitted for Services for which they do not qualify, it will adjust the Services and fees as appropriate. Regardless of the particular Services Customer requested for submitted collectibles, Company reserves the right to convert any submission into an Appearance Review.

3. Customer represents and warrants that it has no knowledge and no reasonable basis for belief that any collectible submitted is not genuine or contains any non-disclosed alterations or restorations, including, but not limited to, trimming, re-coloring, bleaching, power erasing, re-backing, artificially toning, applying or removing punches or stamps, or any other method used to change or enhance the appearance, condition, or content of a collectible (collectively “Tampering” or “Tampered”). Customer acknowledges that Tampering is wrongful and violations of this Section 3 shall entitle Company to compensatory damages and injunctive relief, as appropriate. If enhancements or changes to appearance of collectible are previously known, this information must be disclosed by Customer to Company prior to any services being performed by Company to the Customer.

4. In the case of submissions by dealer members, if any collectibles are being submitted for a third party, Customer represents and warrants that the third party has authorized Customer to submit the collectibles for the Services. (Collector members may not submit for third parties.)

5. Customer agrees to pay Company all Services fees at the time of submission. If payment is being made by credit card electronically via Paypal, Customer agrees that Company may charge all Services fees to the credit card upon receipt of the Submission Form. Unpaid balances shall accrue interest at the rate of 1.0% per month until paid. Customer hereby grants to Company a security interest in the collectibles submitted to secure payment of any Services fees. In addition to such security interest, Customer agrees that Company may hold any collectibles or other property submitted by Customer until Customer has paid in full all outstanding balances, regardless of whether such balances are related to such collectibles or other property.

6. Customer assumes all risk of loss or damage to collectibles until collectibles are received and inspected by Company. A Company’s provision of Services commences upon receipt of a submission of collectibles from Customer. Once a submission of collectibles is delivered to Company, it cannot be canceled or changed by Customer.

7. The Companies compile data regarding, and make digital images of, collectibles submitted for Services. In partial consideration for the performance of Services pursuant to the Submission Form, Customer hereby authorizes each Company to compile such data and make such images and agrees that each Company shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.

8. Customer acknowledges that certain collectibles may be more susceptible to damage due to the state in which they are provided by Customer to a Company (for example, collectibles that are enameled, colorized, painted, jeweled, or have holograms or other specialty applications; collectibles that are extremely thin; collectibles that are extremely fragile or brittle (including many collectibles prior to 1900); and collectibles that exhibit “bronze disease”). Customer further acknowledges that certain paper collectibles may be more susceptible to damage, even when reasonable care is exercised in handling them, due to the state in which they are provided by Customer to a Company (for example, items that are worn, fragile, or brittle) and/or the properties, characteristics and quality levels of the materials of which the items are composed (for example, comic books with glossy covers, which may experience ink flecking or “color lift” even when encapsulated). Each Company will use reasonable care with respect to collectibles submitted to it for Services. In the event that a Company determines that a collectible is damaged due to negligence or lost while in a Company’s possession, Customer’s sole remedy will be compensation based upon the Company’s good faith determination of the fair market value of the collectible, in light of what the Company believes to be reliable current market information. The amount of the compensation will not necessarily be based upon, but in no event will exceed, Customer’s stated declared value of the collectible set forth in the Submission Form.

9. Each Company maintains a list of current terms and conditions applicable to particular submission types and Services on its website. Customer agrees to any such applicable terms and conditions.

10. HOLDERS FOR COLLECTIBLES ARE DESIGNED TO BE TAMPER-EVIDENT AND EXTREMELY DIFFICULT FROM WHICH TO REMOVE A COLLECTIBLE. DUE TO THE INHERENT RISKS INVOLVED IN REMOVING COLLECTIBLES FROM HOLDERS, IN THE EVENT THE SERVICES INVOLVE REMOVING A COLLECTIBLE FROM ITS HOLDER, CUSTOMER AGREES TO RELEASE, WAIVE, AND DISCHARGE COMPANIES AND THEIR DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (“RELEASEES”) FROM ALL LIABILITY TO CUSTOMER AND ITS ASSIGNS, AND COVENANTS NOT TO SUE RELEASEES IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF ANY RELEASEE’S EFFORTS TO FULFILL CUSTOMER’S REQUEST TO REMOVE A COLLECTIBLE FROM A HOLDER, UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY.

11. Each of the Companies will use commercially reasonable efforts to perform the Services in accordance with the then-current description of such Services set forth on their websites and within the time frames indicated thereon.

12. The Companies do not provide grade protection or any type of guarantee for collectibles submitted to them. Due to the fragile nature of collectibles, Customer acknowledges that techniques used by Companies for pressing, restoration, removal, or conservation Services may result in new defects or damage to the collectible, including, but not limited to, spine splits, popped staples, paper pieces chipping off, creases, and stains. Customer acknowledges that the conservation Services provided by the Company with respect to a submitted collectible may result in a lower grade or no grade subsequently being assigned to such collectible by a grading company. BY SUBMITTING A COLLECTIBLE TO COMPANY, CUSTOMER WAIVES ANY RIGHT TO ASSERT ANY FORM OF LEGAL CLAIM AGAINST RELEASEES WITH RESPECT TO A RESTORED LABEL, CONSERVED LABEL, LOWER GRADE, OR NO GRADE SUBSEQUENTLY BEING ASSIGNED TO SUCH COLLECTIBLE BY A GRADING COMPANY, UNLESS CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY.

13. A Company has the right in its sole discretion to reject any collectibles submitted for Services in cases where the submitted collectibles do not comply with a Company’s then-current standards and procedures set forth on its website. Because even collectibles that are ultimately rejected must still be received, tracked and examined, fees for Services shall not be refunded for such rejected collectibles such as invoice fees, return shipping fees, and current services performed by Company.

14. Customer agrees to notify Company of any changes in Customer’s contact information. If Customer-submitted property remains unclaimed for a period of one (1) year from submission, Company may dispose of such property in any manner without liability. Company may also charge Customer for reasonable costs and expenses incurred in storing ($10 per collectible per month) and insuring (1% of declared value per month) unclaimed property.

15. CUSTOMER ASSUMES ALL RISK OF LOSS OR DAMAGE TO COLLECTIBLES DURING RETURN SHIPMENT FROM A COMPANY TO CUSTOMER. Customer is responsible for UPS, USPS PRIORITY or Registered Mail for return shipping. Customer is strongly encouraged to procure Customer’s own insurance for return shipment.

16. Customer must inspect all collectibles immediately upon receipt from a Company. A Company shall have no liability for any damage or errors unless reported to Company within fourteen (14) days of Customer’s receipt of the collectibles from Company or Third Party Grading Company. Any liability of a Company is subject to the limitations in Section 8 above.

17. Customer agrees to return to a Company, at the Company’s expense, any collectible bearing a clerical error made by the Company. A Company will, at its expense, correct the clerical error and return the corrected collectible to Customer. Customer agrees to indemnify, defend and hold Releasees harmless from and against all claims, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising directly or indirectly from Customer’s failure to comply with this Section 18.

18. In the event a collectible submitted by Customer is determined, at any time, to be not genuine or to have been Tampered with, Customer shall provide reasonable cooperation to Company and to any subsequent owner of such collectible, including the reversal of any sales transaction involving Customer and such subsequent owner or intermediate purchaser or transferee.

19. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, EACH COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH COMPANY AND / OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL A COMPANY 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, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH OF THE COMPANIES, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS TO THE CUSTOMER OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES ORDERED PURSUANT TO THIS ORDER FORM.

20. The laws of the State of Arkansas, without regard to its choice-of-law principles, shall apply to transactions and / or disputes between a Company and Customer. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and / or federal courts located in, or serving White County, Arkansas; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.

21. These terms and conditions, together with (i) the submission form; (ii) the appropriate corresponding Guarantee; (iii) the collector or dealer agreement; (iv) a Company’s Privacy Policy; and (v) a Company’s Terms of Web Site Use, constitute the entire agreement of each 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. In the event of a conflict, these terms and the current applicable Guarantee for the appropriate Company providing Services shall prevail. If any term or condition 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 and conditions hereof.

22. Customer agrees and assumes there are inherent risks to services provided by Company and shipping transport carrier services.

23. Customer agrees to any and all words displayed on this terms and conditions document.