GOING TWICE GRADING TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) are a contract between Going Twice, Inc., a Washington corporation (“GOING TWICE”, “we”, “us”, or “our”), and you as the customer (“Customer”, “you”, or “your”) and are effective as of the date you submit a signed order (“Order”) to GOING TWICE for grading services.
- Services and Pricing. By submitting an Order for grading services, you agree to the professional grading of your trading cards by a third-party grading service of GOING TWICE’s choice under the associated terms and conditions of such third-party grading company, including pricing and fulfillment terms. In addition, you authorize us to handle all submission preparation and paperwork with such third-party grading company. The third-party trading company providing the grading services is determined by GOING TWICE in its sole discretion and may change from time to
- Payment/Cancellation/Refund You must pay GOING TWICE the total amount due upon invoicing by GOING TWICE. You may not cancel or refund your Order after submitting it. Once the grading of the card(s) is complete, you agree to pay for any additional charges incurred by the third-party grading company and/or GOING TWICE based on the services rendered. If a debit/credit card transaction is declined, or other payment processing is incomplete, there is a 3-day grace period for you to pay for the Order. After three (3) days of non-payment, there will be a late fee added each week at the rate of five percent (5%) of the total amount owed, compounding. In the event of non-payment, GOING TWICE will attempt to contact Customer. After a period of thirty (30) days Customer hereby agrees that it forfeits the property rights to any cards submitted by Customer to GOING TWICE. Customer agrees that GOING TWICE may sell and/or take ownership of any such property as restitution for non-payment of grading fees.
- Electronic Communications. Sending emails to GOING TWICE constitutes your agreement to 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, text message, or other electronic method, satisfy any legal requirement that such communications be in writing.
- Children Under Thirteen. GOING TWICE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen, and does not provide services to persons under the age of 18 without the written permission of a parent or guardian.
- International GOING TWICE is controlled, operated, and administered within the USA. If you submit an Order for grading services to us from a location outside of the USA, you are responsible for compliance with all applicable laws and regulations, and any additional taxes, governing cross-border shipments of goods and services from your location to the USA.
- THE SERVICES WE OFFER ARE PROVIDED “AS IS”. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THESE TERMS. FURTHER, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. GOING TWICE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD PARTIES WHETHER OR NOT SUCH THIRD-PARTY PRODUCTS OR SERVICES ARE SOURCED THROUGH GOING TWICE.
- Limitation of IN NO EVENT WILL GOING TWICE BE LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, OPPORTUNITIES, CUSTOMERS, OR GOOD WILL), RELATING TO THE ORDER, INCLUDING THESE TERMS, (WHETHER ARISING FROM TORT, BREACH OF CONTRACT OR OTHERWISE) EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT WILL GOING TWICE’S LIABILITY TO A CUSTOMER FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS, EXPENSES, DAMAGES, OR ANY OTHER LIABILITIES RELATING TO AN ORDER OR THE SERVICES (WHETHER ARISING FROM TORT, CONTRACT OR
OTHERWISE) EXCEED THE ACTUAL AMOUNT PAID BY THE CUSTOMER TO GOING TWICE FOR THE SERVICES PERFORMED UNDER THESE TERMS. GOING TWICE IS NOT LIABLE FOR THE UNITED STATES POSTAL SERVICES, FEDEX, UPS, OR ANY OTHER MAIL CARRIER’S INABILITY TO DELIVER OR ANY DAMAGE TO PROPERTY CAUSED BY THOSE CARRIERS. INSURANCE IS OFFERED ON ANY ORDER FOR SHIPMENT. CUSTOMER WILL HAVE THREE (3) DAYS TO ADD INSURANCE TO THEIR ORDER FROM THE TIME OF SUBMISSION OF THE ORDER.
- You agree to indemnify, defend and hold harmless GOING TWICE and the third-party grading company, and their respective directors, officers, employees, contractors, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your violation of any of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GOING TWICE 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 GOING TWICE in asserting any available defenses. This indemnification provision shall survive the termination of these Terms.
11. Additional Terms.
- Entirety; Headings; Amendment; Assignment; Waivers. These Terms represent the entire agreement of the parties regarding its subject matter, superseding all other agreements and communications between the All section headings are inserted for convenience only and do not modify or affect the meaning, construction, or interpretation of any of these Terms. These Terms may not be amended with respect to a submitted Order except in a writing signed by GOING TWICE and Customer. It is the express wish of the parties that these Terms and all related documents be written in English. Customer may not assign an Order or any of these Terms. No waiver of any term or condition will be effective unless in writing and signed by the party so waiving.
- If any provision of these Terms is held to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum lawful extent, and if unenforceable, it shall be fully severable and these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part of these Terms. The remaining provisions in these Terms shall remain in full force and effect.
- Force Majeure. GOING TWICE and/or the third-party grading company shall not be liable for failing to perform any of its obligations under these Terms if such failure is as a direct result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, pandemic, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, or other events outside of the reasonable control of such party. Customer is not entitled to assert any claim of nonperformance against GOING TWICE or the third- party grading company or terminate the Order in any such event.
- Governing Law; Attorneys’ Fees. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law The Parties agree and consent to venue for any legal actions concerning the Order, including these Terms, being in the state or federal courts situated in King County, Washington. In the event of litigation arising out of the Order, including these Terms, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.
- In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any part 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, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims regarding these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of the Order and/or any of these Terms. 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.
- Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not 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 GOING TWICE 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.
- Notice. Any notices, consents or other communications required to be sent or given under these Terms by either party shall in every case be in writing and shall be deemed properly given (a) on the date delivered by hand, (b) one (1) day after being placed in the hands of a reputable overnight delivery service, (c) three (3) business days after sent registered or certified mail, return receipt requested, or (d) on the date transmitted by e-mail (with a copy sent to the recipient via Federal Express or other express overnight delivery service within one (1) business day thereafter) to the parties at the addresses as set forth on the Order, or at such other address as may be furnished in writing by a party in the manner provided above for giving notice in this Section.