Guidelines,
Terms and Conditions:
B. Guidelines and Terms of Use for MySlabs Buyers
C. Guidelines and Terms of Use for MySlabs Sellers
F. You Just Made
a Purchase, What's Next?
G. You Just Made a Sale, What's Next?
H. Showcase Purchases and Escrow Process
J. Full Legal Terms and Conditions
MySlabs is a peer-to-peer marketplace created
BY collectors FOR collectors who are seeking an alternative to the high auction
and consignment fees that have become standard in the hobby. All of the
inventory, pricing, and content on MySlabs is uploaded and controlled by our
sellers. Users are free to buy and sell slabbed cards, sealed wax, slabbed
comics and now both raw cards and raw comics all while benefiting from the most
disruptive pricing model in the industry.
Our value proposition to members:
* Join a strong social media community
of loyal, veteran members.
*
Managed by true hobbyists with genuine subject matter expertise.
* Disruptive pricing model highlighted
by a 1% seller fee on slabs and 3% on raw.
* All sellers must apply, go through
screening, and be manually approved.
* Unparalleled seller protection
including a limited no-return policy.
B. Guidelines and Terms of Use for MySlabs
Buyers:
1) MySlabs sellers do not ship
internationally, however, international members are encouraged to create a
MySlabs account provided that they use a US-based shipping address (Collectors Vault
etc.) when creating their account in their MySlabs profile. International
buyers do not need to alter their PayPal account in any way, they simply need
to add their US-based shipping address into the PayPal transaction at checkout.
Please note that international sellers are allowed on MySlabs provided that
they indicate the country of origin in their listing title so that buyers know
ahead of time from where their slabs will be shipped (for example
"Shipping from Canada"). This allows buyers to plan ahead for
potential increased shipping times.
2) Sellers only ship to the domestic
USA shipping address on the PayPal invoice. There is no international shipping.
Buyers can list any domestic United States shipping address in their PayPal
account, including those of third parties such as Collectors Vault or various
others. Please do not ask a seller to ship to an address other than the one you
elect within your PayPal account. During the PayPal checkout process it is the
buyer's responsibility to provide an accurate and secure shipping address to
the seller. In the event a buyer is not going to be available to take delivery
of a package for any reason it is their responsibility to make arrangements to
either have the package held at their post office or forwarded to another
address. If this is not possible it is the buyer's responsibility to instruct
the seller to delay shipment until they will be available to take delivery of
the item in question. Sellers are not responsible for damage that occurs as a
result of packages being held for any length of time or sitting stagnant due to
a buyer's inability (for any reason) to take delivery. Sellers are also not
responsible for the cost of redelivering an item that has been returned due to
a mail carrier's inability to deliver the item. MySlabs makes no guarantees of
any kind with regard to shipments between users. We are strictly a peer-to-peer
marketplace and never touch inventory and or get involved in the fulfillment
process in any way therefore MySlabs is not responsible for any lost, stolen,
or damaged items. That said as all payments on the platform are processed
through PayPal Marketplace, buyers are protected by PayPal’s Purchase
Protection. As such we strongly urge all buyers to carefully review the
relevant guidelines and requirements dictated by PayPal in their user agreement
under the section called PayPal’s
Purchase Protection Program here.
3) Any offer initiated by a buyer
will be valid for 24 hours or until the seller declines, the seller counters,
or the buyer cancels. Whichever of the four events occurs first.
4) If a seller accepts an offer,
buyers are expected to pay within 24 hours. The site tracks all user actions
and starts a 24 hour payment clock immediately upon a seller accepting an
offer. If the 24 hour clock expires and the payment has not been made the system
will automatically deactivate the buyer’s account.
5) All prices include Shipping. This
is the same for all offers, there is no additional shipping cost. Sellers
should set their prices and counteroffer with this in mind.
6) Fees for buyers - Fees for buyers
are based on one's usage of the site therefore a 1% buyer/usage fee (calculated
as a percentage of the transaction amount) is billed along with successful
purchases, with the exception of Showcase purchases. Showcase purchases include
a 3% buyer fee. All buyer fees will be calculated before agreeing to purchase,
the total made visible for the user and ultimately must be accepted by the
buyer in order to move forward with the transaction.
7) After remitting payment, buyers
should keep in mind that sellers are required to ship and upload tracking
directly into the MySlabs platform within 3 business days (Saturday, Sunday and
federal holidays are not considered business days and therefore do not count).
Please remember all MySlabs sellers must apply, go through screening, and be
approved. This said please give these vetted sellers the allotted time before
sending emails for updates, tracking, and so forth. If 3 business days pass and
tracking has not been provided, buyers should then contact the seller for an
update. If a buyer is unable to reach a particular seller (assuming the 3
business days have already passed) the buyer should then contact MySlabs
support and a team member will help the buyer contact the seller in question.
If MySlabs is unable to get in touch with the seller, the buyer will be
instructed to start a refund request via PayPal and the seller's account will
be deactivated in a last attempt to spur the seller into providing an update on
the card in question. Buyers should never open a PayPal claim without
contacting MySlabs customer service first. Doing so may lead to the termination
of the MySlabs account.
8) There are no returns, refunds, or exchanges
of slabbed cards, slabbed comics or sealed wax on MySlabs. If the Buyer does not receive
the item paid for or if there is substantial damage to the item inside the slab or holder,
the buyer and seller should communicate and come to a mutually agreeable settlement.
If a settlement cannot be reached, then MySlabs may attempt to help mediate.
For this reason buyers should also do enough of their own due diligence to understand
exactly what it is that they are bidding on and or purchasing. Buyer’s remorse or negligence
is never a valid reason for return. No case should ever be opened with PayPal without contacting
MySlabs customer service first. Doing so may result in the termination of the MySlabs
account.
9) When purchasing older slabs a buyer must
understand that grading agencies evolve and new technologies are often incorporated into
their processes. As a result of this tolerances may change over time. Furthermore buyers
must understand that grading is subjective and is ultimately nothing more than the opinion
of a grader(s) on a given day. If the goal of a purchase is to have the item crossed over,
bumped or re-slabbed the buyer does so at their own risk with the understanding that
the opinion they receive after the purchase may not be the opinion of the original grader(s).
Buyers should also understand that continuing to resubmit the item may yield different
results on every submission. Therefore, no seller will be held accountable for issues
that cannot be seen with the naked eye and or tolerances/opinions of a grading company
that may have changed over time.
10) If a buyer has an issue with an order
they are expected to first contact the seller within 24 hours of receiving the product
in an effort to come to an amicable solution. The seller's information can be found in
the transaction history tab after purchase. If a buyer initiates a refund through PayPal
without first contacting the seller, the seller should alert the MySlabs team immediately.
MySlabs reserves the right to suspend buyers who choose not to follow this best practice.
We ask all buyers to have patience and kindly give sellers the opportunity
to resolve the situation amicably.
11)Small scratches to the slab and or small cracks
or chips do not qualify for a re-slab fee. If the damage to the slab is significant but does not
threaten the integrity of the item, the buyer is due a re-slab fee from the seller. If there is significant
damage to a slab or holder not visible in the images on the website that threatens the integrity
of the item inside the holder and or grade, a buyer may request a refund
from the seller.
12) Please inspect all raw card and comic images
in each listing to determine if the item is in acceptable condition according to your own standards,
despite what the seller may have it classified as. Keep in mind that according to our condition scale,
all raw cards and comics likely have condition issues that may not be fully expressed in the listing.
Buyers need to familiarize themselves with the scales and expect the items they're purchasing to fall
in the category listed. Pointing out damage that is not listed by the seller but falls within our condition
tolerances is not a reason for a return.
13) Our raw condition scales do not measure centering,
print flaws or anything stemming from the manufacturing process. Buyers should study the images
and make their own judgement call on these things.
(View Raw Card Condition Scale)
(View Raw Comic Condition Scale)
14) Raw Returns: Given the subjective nature of
expressing raw card and comic condition we will not be able to enforce a no return policy.
In the event of a dispute or desired return, all relevant information should be forwarded to the raw
card or comic customer service team by sending an email to either [email protected] or
[email protected] . The email should include
as many detailed pictures as possible as
well as your reason for requesting a refund. MySlabs will then review all information forwarded by both
parties,
compare with the photos and description included in the original listing and make a ruling as to whether or
not a return is warranted (by cross referencing all available information with our MySlabs raw card or comic
condition scale). Once a decision has been made we expect the buyer and seller in question to respect
and honor the ruling made by MySlabs. If either party pursues the issue further, we will respect the opinion
of the party however the offending party's account will receive a strike (or have their raw buying and
selling
privileges revoked immediately if the offense is believed to be egregious enough).
All buyer and seller accounts will be working on a 3-strike system. In some cases it may be determined
that neither the buyer nor seller is at fault and neither party will receive a strike against their account.
We acknowledge this is not a perfect process and that we can never be 100% accurate in our determinations
but we do believe this to be the fairest approach for all parties involved.
The customer service representatives we put in place will be well vetted, respected members of the hobby
and experienced in dealing with raw items and or grading. For these reasons we cannot stress enough
how important it is for sellers to upload detailed, high resolution images and to be as forthcoming and
transparent as possible in their item descriptions.
15) If a buyer has an issue
with an order they are expected to first contact the seller in an effort to
come to an amicable solution. The seller's information can be found in the
transaction history tab after purchase. If a buyer initiates a refund through
PayPal without first contacting the seller, the seller should alert the MySlabs
team immediately. MySlabs reserves the right to suspend buyers who choose
not to follow this best practice. We ask all buyers to have patience and kindly
give sellers the opportunity to resolve the situation amicably.
16) Small scratches to the slab
and or small cracks or chips do not qualify for a re-slab fee. If the damage
to the slab is significant but does not threaten the integrity of the item,
the buyer is due a re-slab fee from the seller. If there is significant damage
to a slab or holder not visible in the images on the website that threatens the
integrity of the item inside the holder and or grade, a buyer may request a refund from the seller.
17) As a community we encourage members
to be understanding and respectful of one another. As such we do expect all sellers
to take full responsibility for the content of their listings and to correct any
errors within 24 hours of listing or last editing an item. We do ask buyers to
show good faith and be understanding of the fact that a $10,000 card listed
for $1,000 or a $1,500 card that is listed for $150 are in all likelihood the result
of a typo and will not be honored. That said, it’s important to note that sellers
who attempt to back out on or not honor completed sales due to a sudden increase
in demand for a player as a result of a big game, big news, etc.
will be removed from the platform.
18) MySlabs buyers agree that all purchases
of both raw and graded merchandise are made as-is, at their own risk and hold MySlabs
harmless in the event of a claim.
19) We encourage all members
to use social media to discuss their experiences with MySlabs whether they
be good or bad. That said, any attempt by an individual to threaten the use of
social media against MySlabs, it's employees or it's partners as leverage in an
open dispute to obtain a solution favorable to themselves or their associates
in the form of financial gain or judgement in favor of the party involved will be
removed from the platform immediately and all protection and/or services
typically provided by the website will be forfeited.
C. Guidelines and Terms of Use for MySlabs
Sellers:
* Any seller who places contact
information of any kind in a listing's written description box will be promptly
removed from the platform. This includes phone numbers, email addresses and
social media handles including but not limited to Instagram, Twitter, Facebook,
and so on.
1) Any grading company not
specifically listed in the slab-type drop-down is NOT ALLOWED on site. Support
team members are NOT able field questions as to why or when any specific
company will be allowed on. All such inquiries will be referred back here for
reference.
2) All cover photos (images that
appear in the feed) uploaded to MySlabs must be flat and not tilted. All
grading company certification numbers MUST be clear and legible. There should
be no slab stands, fingers, or other objects holding up the slabs. No
advertising or branding is allowed in the images. The entire slab must be in
the picture and be cropped using our built-in cropper tool and as close to the
slab as possible while leaving all edges and corners of your slabs visible.
Horizontal slabs (slabs turned on their side) are not allowed. Images should be
uploaded to any listing showing any damage or questionable, non-typical issue.
3) If not using a scanner, photos
must be taken in well-lit areas or in light-boxes in order to be listed.
4) It’s highly recommended that raw
items (cards and comics) be removed from any top-loader, penny sleeve, mylar,
bag, and or holder when photographed. We understand that this isn’t always
practical with lots, but presenting a raw item and more importantly its flaws
in a way that are true to how they appear in person is critical. Failure to do
so risks losing disputes and or strikes against one’s account.
5) Raw Card Lots: The condition of a
raw card lot should be expressed as an average estimated condition of the
entire lot per the MySlabs condition scale. If a lot contains a key card or
cards (a card or cards worth significantly more than the rest of the lot) those
cards should be featured prominently in both the lot description and images.
Any seller who does not indicate (in the description and images) that the key
card or cards are in lesser condition than the lot average will automatically
receive a strike should an issue arise.
6) Raw Comic Lots: The condition of a
raw comic lot should be expressed as an average estimated condition of the
entire lot per the MySlabs condition scale. If a lot contains a key book or
books (a book or books worth significantly more than the rest of the lot) those
books should be featured prominently in both the lot description and images.
Any seller who does not indicate (in the description and images) that the key
book or books are in lesser condition than the lot average will automatically
receive a strike should an issue arise.
7)
As a seller it is your responsibility to maintain your inventory and prices. If
a slab sells on MySlabs that has already been sold elsewhere, the seller will
be required to provide a verifiable receipt demonstrating that the transaction
did in fact occur prior to the MySlabs transaction or risk losing their ability
to sell on site. Sellers who continuously fail to remove sold items risk having
their seller status revoked.
8) Sellers on MySlabs are required to act professionally.
In addition to prompt communication and fast, secure shipping sellers are expected to always honor
their sales on MySlabs (provided that they haven't sold the item elsewhere prior). Cancelling a sale on
MySlabs within the 24 hour payment window due to another off site offer or sale is expressly prohibited and
will result in the immediate removal of the seller account.
9) Sellers should only ship to the
PayPal Shipping address found on the PayPal invoice. DO NOT SHIP TO ANY OTHER
ADDRESS. If you ship to a different address, you will not be protected by
PayPal.
10) Fees for sellers - MySlabs Fees for sellers are
based on one's usage of the site therefore a seller/usage fee is calculated as a percentage of
the transaction amount and is billed along with successful sales. Sellers of Slabbed Cards,
Slabbed Comics, and Sealed Wax items are charged a seller fee of 1% with a minimum of $1 per transaction.
Sellers of Raw Cards and Raw Comics are charged a seller fee of 3% with no minimum.
*Note as all regular marketplace payments are processed by PayPal (Good and Services) standard PayPal fees
also apply.
Sellers should refer to their PayPal user agreement for the most current rates.
Please note that there are no seller fees or payment processing fees on Showcase items.
*We would also like remind sellers that PayPal charges 1.5%-2% additional to process payments
originating
from international PayPal accounts. If a seller so chooses the following steps may be used to block
payments from international
PayPal accounts and or e-check payments.
Blocking eCheck and non US Payments:
Users must go into their profile on desktop then:
Select "Account Settings" >
Select "Payment Preferences" >
Select "Block Payments" >
Select "Update" >
Select "Pay with e-Check Transfer" >
Select " Block payments from users who: have non US PayPal accounts"
11) The only slabs allowed on MySlabs
are PSA, BGS, BVG, SGC, CSG, CGC, and CBCS authenticated and or graded slabs.
Sellers who upload slabs from other third-party graders risk account
suspension. Sealed wax is allowed in the Wax section only.
12) Any offer initiated by a buyer
will be valid for 24 hours or until the seller declines, the seller counters,
or the buyer cancels. Whichever of the four events occurs first.
13) A seller must ship items AND
upload tracking directly into the MySlabs platform within 3 Business Days. Not
following this guideline will result in one's account being deactivated. If a
seller is going to be busy (on vacation, other emergency, etc.) they can go
into their profile and activate "Vacation Mode" which will
temporarily disable all they’re for sale items. In the event of a cancelled
sale or refund sellers should add "cancelled" or "refunded"
into the tracking box (which is located in their transaction history tab).
14) All buy it now prices and best
offers include shipping. There is no additional shipping cost, so all shipping
costs need to be figured into the list/negotiated price. If a Buyer requests
special shipping, then the seller and buyer can negotiate accordingly.
15) All items should be shipped fully insured with
tracking to protect yourself as a seller. Above a certain price threshold signature confirmation is also
required by PayPal to be eligible for protection under their "Seller Protection Program".
Sellers should refer to Paypal's guidelines for precise details, requirements and updates here.
For higher dollar items USPS Registered Mail (details here )
is a highly recommended option. It is the seller's responsibility to make sure their items are delivered to
the address provided by the buyer in
the condition stated. It is the buyer's responsibility to provide a safe, secure landing spot for sellers to
ship to.
The seller's responsibility ends when their package is delivered to the address listed in the transaction,
assuming the product is as described and represented in the listing. In certain instances sellers may be
found
to be financially responsible if items are not insured. If an item is damaged, lost or stolen (pre-delivery)
it is the seller's responsibility to handle insurance claims and refund the buyer after the item's return as
directed through the PayPal return process (detailed here). Buyers are expected
to be as accommodating as
possible and provide ANY information PayPal requires that sellers may not be
able to produce on their own.
16) There are no returns, refunds, or
exchanges of slabbed cards, slabbed comics or sealed wax on MySlabs. If the
Buyer does not receive the item paid for or if there is substantial damage to
the item inside the slab or holder, the buyer and seller should communicate and
come to a mutually agreeable settlement. If a settlement cannot be reached,
then MySlabs may attempt to help mediate. Any slab that falls victim to minor
damage during transit which would not affect the grade given during transit
shall be eligible for a reslab fee or 1% of the total purchase, whichever is
greater. Box damage will be reviewed on a case by case basis.
17) Sellers should disclose any
significant scratches, chips or other damage to the slab (that is not clearly
visible in the provided images) in the listing. This includes mislabeled slabs
or other defects including but not limited to damage to a PSA 10 that calls the
grade into question.
18) Small scratches to the slab and
or small cracks or chips do not qualify for a re-slab fee. If the damage to the
slab is significant but does not threaten the integrity of the item, the buyer
is due a re-slab fee from the seller. If there is significant damage to a slab
or holder not visible in the images on the website that threatens the integrity
of the item inside the holder and or grade, a buyer may request a refund from
the seller.
19) Raw Returns: Given the subjective
nature of expressing raw card and comic condition we will not be able to
enforce a no return policy. In the event of a dispute or desired return, all
relevant information should be forwarded to the raw card or raw comic customer
service team by sending an email to either [email protected] or [email protected].
The email should include as many detailed pictures as possible as well as your
reason for requesting a refund. MySlabs will then review all information
forwarded by both parties, compare with the photos and description included in
the original listing and make a ruling as to whether or not a return is
warranted (by cross referencing all available information with our MySlabs raw card
or comic condition scale). Once a decision has been made we expect the buyer
and seller in question to respect and honor the ruling made by MySlabs. If
either party pursues the issue further, we will respect the opinion of the
party however the offending party's account will receive a strike (or have
their raw buying and selling privileges revoked immediately if the offense is
believed to be egregious enough). All buyer and seller accounts will be working
on a 3-strike system. In some cases it may be determined that neither the buyer
nor seller is at fault and neither party will receive a strike against their
account. We acknowledge this is not a perfect process and that we can never be
100% accurate in our determinations but we do believe this to be the fairest
approach for all parties involved. The customer service representatives we put
in place will be well vetted, respected members of the hobby and experienced in
dealing with raw items and or grading. For these reasons we cannot stress
enough how important it is for sellers to upload detailed, high resolution
images and to be as forthcoming and transparent as possible in their item
descriptions.
20) If Approved, international
sellers are allowed on MySlabs, provided that they indicate the Country of Origin
in their Listing Title so that Buyers know ahead of time from where their slabs
will be shipped (for Example "Shipping from Canada"). This allows
buyers to plan ahead for potential increased shipping times. Individuals
shipping from vault accounts are also required to make a clear note in the
listing title, so buyers are aware. (Ships from PWCC, etc.)
21) The processing of all payments
are subject to the terms, conditions and privacy policies of PayPal. PayPal has
the sole authority to reverse all transactions executed on our platform through
PayPal Marketplace. MySlabs makes no guarantees of any kind with regard to
shipments between users. We are strictly a peer-to-peer marketplace and never
touch inventory and or get involved in the fulfillment process in any way
therefore MySlabs is not responsible for any lost, stolen, or damaged items.
That said as all payments on the platform are processed through PayPal
Marketplace, sellers are protected by PayPal’s Seller Protection. As such we
strongly urge all sellers to carefully review the relevant guidelines and
requirements dictated by PayPal in their user agreement under the section
called PayPal’s Seller Protection Program here. In the event of a dispute
MySlabs always makes a best effort to support members who we deem to be acting
in good faith, but the ultimate decision on a dispute is PayPal’s.
22) As a community we encourage
members to be understanding and respectful of one another. As such we expect
all sellers to take full responsibility for the content of their listings and
to correct any errors within 24 hours of listing or last editing an item. This
is especially important if there’s an error in the listing price of an item
such as leaving out a digit (e.g. $100 instead of $1,000). It’s important to
note that sellers who attempt to back out on or not honor completed sales due
to a sudden increase in demand for a player as a result of a big game, big
news, etc. will be removed from the platform.
23) With the sole exception of
pre-sale wax, sellers are required to be in possession (themselves or in a
vault account they own) of all items being listed for sale. Due to the plethora
of issues that often arise “market arbitrage” or the practice of listing items
for sale that you are not yet the owner of is strictly prohibited.
24) MySlabs makes no guarantee with regard to the
condition and or authenticity of any items (raw or slabbed) listed for sale by
platform sellers. By choosing to sell on the MySlabs platform sellers agree to
assume full responsibility for all items they list for sale.
25) We encourage all members to use social media to discuss their experiences
with MySlabs whether they be good or bad. That said, any attempt by an individual to threaten
the use of social media against MySlabs, it's employees or it's partners as leverage in an open
dispute to obtain a solution favorable to themselves or their associates in the form of financial
gain or judgement in favor of the party involved will be removed from the platform immediately
and all protection and/or services typically provided by the website will be forfeited.
* All customer service requests
for raw card orders should be directed to [email protected]
Raw Card Condition Scale:
First and foremost, no card may be
listed above nrmt/mt and no buyer should ever expect anything over nrmt/mt when
receiving a card. Assessing condition can be extremely subjective and you are
buying raw cards off of a platform that was built for graded card collectors.
This means that the owners of these cards have likely reviewed the raw cards
that they are listing and made the determination that the cards do not meet
their own minimum condition requirements to submit for grading. That's not to say
there are no gem-mint cards listed on site, however, we need buyers to
understand and come to terms with the idea that the highest grade or condition
they should be expecting is nrmt/mt.
MYSLABS A (nrmt/mt): A nice overall (nrmt/mt or better) card with one or more minor
imperfections present. Commonly referred to as "pack fresh".
Acceptable flaws for this category
include:
Corners: Two soft corners or one
lightly dinged corner.
Edges: Clean overall edges free of
noticeable wear.
Surface: Small, faint surface
scratches not easily noticeable at first glance. Vintage may have a light wax
stain or residue.
MYSLABS B (ex/nrmt): An upper-mid grade card with several minor imperfections
present.
Acceptable flaws for this category
include:
Corners: Up to four soft corners or
two lightly dinged corners.
Edges: Light wear on edges not easily
noticeable at first glance.
Surface: A light surface flaw or two
that are easily noticeable.
MYSLABS C (vg/ex): A mid to lower-mid grade card with noticeable wear but not
abuse.
Acceptable flaws for this category
include:
Corners: Up to four slightly rounded
corners. This category allows for a bent or creased corner.
Edges: Noticeable wear and or
chipping throughout.
Surface: Noticeable surface flaws
that may be present on both front and back.
MYSLABS D (good/vg): A noticeably damaged card.
Acceptable flaws for this category
include:
Corners: Are all clearly worn.
Edges: Chipping and or damage is
evident.
Surface: Noticeable surface flaws
including multiple hairline creases.
MYSLABS E (poor/fair): Low grade vintage or severely damaged modern. A card with clear
signs of neglect and or abuse.
Acceptable flaws for this category
include:
Corners: All may be severely damaged
or missing pieces.
Edges: All may be severely damaged or
missing pieces.
Surface: Card may have been bent in
half or have pieces missing. Multiple creases, ink stains and or water stains
may be present.
* Special Raw Card
Considerations:
Raw Card Lots:
The condition of a raw card lot
should be expressed as an average estimated condition of the entire lot per the
MySlabs condition scale. If a lot contains a key card or cards (a card or cards
worth significantly more than the rest of the lot) those cards should be
featured prominently in both the lot description and images. Any seller who
does not indicate (in the description and images) that the key card or cards
are in lesser condition than the lot average will automatically receive a
strike should an issue arise. While it is suggested that raw cards be removed
from any top-loader, penny sleeve and or holder when photographed we understand
that this isn’t always practical with lots. That said presenting key cards from
lots and more importantly their flaws in a way that are true to how they appear
in person is critical. Failure to do so risks losing disputes and or strikes
against one’s account.
“Factory Sealed” Raw Cards:
Higher end cards as well as several
older, limited releases may come in a factory sealed one touch. In these situations
having the factory sealed sticker intact is considered more desirable than if
the sticker has been removed or tampered with. For this reason it may be
slightly more difficult for sellers to accurately determine and convey
condition. That said these cards are subject to the same grading criteria as
typical (unsealed) raw cards and sellers must do their best to disclose any
condition issues they are able to determine through the factory sealed
one-touch.
* Redemption stickers, breaker
stickers and aftermarket sealed products are NOT considered factory sealed
items and are subject to the same grading standards as raw once removed by the
buyer.
Relic Window Damage:
Relic windows often present interesting issues in terms of
condition. To date no major grading agency outlines how these areas truly
affect a grade or to what degree. Because of the nature of relic windows
(having delicate edges and in some cases extremely intricate cuts) any damage
should be shown in the photo gallery and detailed in the item description.
Failure to note damage to a relic window may not void the sale but may lead to
a strike against a seller if a claim is raised by a buyer after having received
the card.
* All customer service requests
for raw comic orders should be directed to [email protected]
Raw Comic Condition Scale:
The MySlabs raw grading scale is
based on the standards set by Overstreet that most comic collectors are very
familiar and comfortable with. We're choosing to keep the groupings more
general without adding the +/- element as grading is an inherently subjective
process and there will always be small differences of opinion. Even
professional grading services like CGC and CBCS acknowledge that the same book
may not always receive the same grade if it is submitted for grading more than
once. Thus we implore all buyers to inspect all images in each listing to
determine if the book is in acceptable condition according to their own
standards, despite what the seller may have it classified as. Keep in mind that
according to our condition scale, all raw books likely have condition issues
that may not be fully expressed in the listing. Buyers need to familiarize
themselves with the scale and expect the books they're purchasing to fall in
the category listed.
Near Mint (NM) condition:
A strong copy that looks brand new
with only a few very minor defects. Acceptable minor defects on a NM copy
include a very small amount of spine stresses without color breaks, very minor
instances of denting (two or three at most), slight corner blunting and or
minor (less than 1/8") bends without color breaks. It's fairly common for
a comic shipped new from the publisher or purchased new from your local comic
shop to already be in less than near mint condition due to the way the comic
was produced, shipped, stored or handled prior to purchase.
Very Fine (VF) condition:
A VF copy clearly exhibits minor
defects but is in overall excellent condition. Most well-kept modern comics
(especially if they have been read) fall into this grade. Acceptable defects on
a VF book are minor and include: Minor corner wear, a light accumulation of
spine stress that may include a color-break, a light accumulation of dents and
or bends/folds of less than 1/4". Note that on a VF copy some color-break
is allowed in a bend/fold.
Fine (FN) condition:
A comic in FN condition is considered
"above average" but still displays some wear. In general, the eye appeal
is somewhat reduced due to either an accumulation of minor defects or one or
two moderate defects. Acceptable defects on a FN copy include: Slight spine
roll, a moderate accumulation of spine stresses that may break color, a spine
split of less than 1/2", minor water spotting or residue (less than the
size of a dime), an impacted corner and or moderate foxing.
Very Good (VG) condition:
A comic in VG condition shows some
significant wear but has not accumulated enough total defects to reduce eye
appeal to the point that it is not a desirable copy. A VG copy may have an
accumulation of minor defects or one or two major ones. Acceptable defects on a
VG copy include: Spine roll, 1/2" to 1" spine splits or other tears,
a cover or centerfold that is detached at one staple, discoloration due to
oxidation and or a moderate accumulation of water damage or staining.
Good (GD) condition:
A GD copy has major defects but is
still complete and readable. A GD copy will have a significant amount of
damage, usually an accumulation of smaller defects punctuated by some major
defects. Acceptable defects on a GD copy include: A vertical book-length
crease, 1.5"-2" spine split, cover or centerfold completely detached,
major tears, heavy discoloration/brittleness due to oxidation, heavy amounts of
staining and water damage.
Fair (FR) condition:
A FR copy will have virtually no eye
appeal and will display major damage. A comic book in FR condition may have
non-story elements such as coupons, portions of ad pages, or Marvel Value
Stamps cut or torn out of the book, but all story and art will be complete. If
an entire ad page is missing that would drop the grade to Poor. Types of damage
that place a comic in FR range include: A spine split of up to 2/3 the length
of the book, a missing back cover provided the front cover is still attached,
severe water damage, mold and or paper deterioration due to oxidation.
Poor (PR) condition:
Comic books in PR condition may be
missing up to 4 pages (two spreads) of story or ad pages, have a completely
split spine or display severe damage that affects the readability of the book.
* Special Raw Comic
Considerations:
Raw Comic Lots:
The condition of a raw comic lot
should be expressed as an average estimated condition of the entire lot per the
MySlabs condition scale. If a lot contains a key book or books (a book or books
worth significantly more than the rest of the lot) those books should be
featured prominently in both the lot description and images. Any seller who
does not indicate (in the description and images) that the key book or books
are in lesser condition than the lot average will automatically receive a
strike should an issue arise. While it is suggested that raw comics be removed
from any mylar, bag and or holder when photographed we understand that this
isn’t always practical with lots. That said presenting key comics from lots and
more importantly their flaws in a way that are true to how they appear in
person is critical. Failure to do so risks losing disputes and or strikes against
one’s account.
Missing Elements:
Raw comic sellers must make note of any missing story
pages, missing advertisements and or missing Marvel Value Stamps. Failure to do
so will warrant a valid return by the buyer and result in a strike against the
seller’s account.
F. You Just Made A
Purchase, What’s Next?
Congratulations on making a purchase through
the MySlabs platform! Here's what you should do next and what to expect in
return:
1. The first step after
purchasing an item would be to remit payment via PayPal within 24 hours. Please
remember buyers who fail to do so are automatically deactivated by the system
and would have to then request reinstatement.
2. During the PayPal
checkout process it is the buyer's responsibility to provide an accurate and
secure shipping address to the seller. MySlabs makes no guarantees of any kind
with regard to shipments between users. We are strictly a peer-to-peer
marketplace and never touch inventory and or get involved in the fulfillment
process in any way therefore MySlabs is not responsible for any lost, stolen,
or damaged items. That said as all payments on the platform are processed
through PayPal Marketplace, buyers are protected by PayPal’s Purchase
Protection. As such we strongly urge all buyers to carefully review the
relevant guidelines and requirements dictated by PayPal in their user agreement
under the section called PayPal’s Purchase
Protection Program here.
3. After remitting
payment, buyers should keep in mind that sellers are required to ship and
upload tracking directly into the MySlabs platform within 3 business days
Please remember all MySlabs sellers must apply, go through screening, and be
approved. This said please give these vetted sellers the allotted time before
sending emails for updates, tracking, and so forth. If 3 business days pass and
tracking has not been provided, buyers should then contact the seller with the
contact email address provided in your MySlabs transaction history tab for an
update. If a buyer is unable to reach a particular seller (assuming the 3
business days have already passed) the buyer should then contact MySlabs
support and a team member will help the buyer contact the seller in question.
If MySlabs is unable to get in touch with the seller, the buyer will be
instructed to start a refund request via PayPal and the seller's account will
be deactivated in a last attempt to spur the seller into providing an update on
the card in question.
4. After receiving
tracking buyers are expected to remain calm and respectful should any carrier
related delays occur. These delays are neither the seller's nor MySlabs' fault
and are common with every courier service worldwide. No buyer should start a refund
request until the item is determined to be lost or stalled at a location,
typically 3 weeks after being scanned with no further update, and after
speaking to the MySlabs customer service staff.
5. Once a package is
delivered buyers have 24 hours to report any major damage or shipping error to
the seller and to MySlabs. Major damage does not include superficial scratches
and or nicks on a slab that are widely accepted in the industry. If you are not
going to be able to inspect your MySlabs purchases within 24 hours you should
contact the seller(s) to arrange delivery for when you will be available to do
so. Items being held at any location, for any reason, may also be subject to
the same policy.
Major damage/shipping
errors include:
A. Destruction of the
item due to the mail carrier.
B. Significant slab
damage that calls into question the integrity of the card or grade given.
C. You've received the
wrong item.
D. Obvious damage to a
card that would negate the original grade given (this does not include minor
issues on PSA 10's).
E. Receiving a
counterfeit item (slab or card).
F. Damage to a slab (or card) that looks
intentionally obscured in the seller provided images.
G. You Just Made A
Sale, What’s Next?
Congratulations on making a sale through the MySlabs platform!
Here are the next steps to take and important points to remember:
1. Buyers are required to
remit payment via PayPal within 24 hours of committing to purchase. Please be
patient and allow buyers the allotted time before emailing for an update.
Should a buyer fail to pay within the 24 hour window
your item will automatically be re-listed and the buyer's account will be
deactivated.
2. Sellers are required
to ship AND upload tracking directly in the MySlabs platform within 3 business
days from the time of sale, so as soon as you receive confirmation that the
payment has been made you should be preparing your item for shipping.
3. Sellers are to ship to
the address on the PayPal invoice only! Not doing so negates all PayPal Seller
Protection.
4. Shipping is at the
seller’s discretion, but preferred couriers are USPS, FedEx, and UPS. As a best
practice MySlabs recommends 2 layers of packing such as a bubble mailer within
a box, a box within a larger box, and so on. Bubble wrap, packing peanuts, cardboard
layers, etc. are all highly recommended. No one likes damage during shipping
and the resulting return requests that come as the result of poor packing.
5. Regardless of the
chosen courier sellers are strongly encouraged to both insure their shipments
for the full purchase price (through the carrier and or through collectibles
insurance policies), to save proof of shipment and to always require a
signature at the time of delivery. For higher dollar items USPS Registered
Mail (details here) is a highly recommended option. If a
seller chooses not to take these simple common sense precautions options to
help them in the event of a lost or damaged package become very limited.
Ultimately it is the seller's sole responsibility to make sure their customers
receive the item that was purchased in the condition in which it was listed.
6. After shipping sellers
are required to add tracking details to their items directly in the MySlabs
platform. This is the respectful, courteous thing to do as it automatically
let's their customers know that things are moving along as expected. If you
choose not to purchase tracking or do not upload it in your transaction history
tab to properly notify customers of shipment you risk account suspension and
effectively forfeit all protection in the event of a claim. In the event of a
cancelled sale or refund, sellers should add "Cancelled" or
"Refunded" into the tracking box before publishing.
7. Sellers are expected to provide customer
service on their orders. Prompt, courteous responses to reasonable email
requests for updates from their customers are expected. Sellers who repeatedly
fail to respond to their customers and or force their customers to file
complaints with MySlabs will have their selling privileges revoked.
H. Showcase Purchases and Escrow Process:
All purchases of MySlabs Showcase items MUST go through an escrow process. The MySlabs escrow service is in partnership with the Collectors Vault, the official vault of PSA and Goldin. The Collectors Vault team will be handling logistics, storage and final fulfillment to (or on behalf of) the buyer. All questions regarding showcase orders should be directed to the MySlabs customer service team at [email protected]
What Buyers Need to Know:
* Buyers must have or create a Collectors Vault Account here and enter their account information in their MySlabs profile to bid.
* Wire/ACH is the only method of payment for Showcase items.
* Buyers are NOT required to have a pre-funded balance to bid.
* Fees: A 3% buyer’s premium will be added to all Showcase purchases at checkout.
* Buyers are required to initiate payment and update their transaction’s status from "Payment Pending" to “Payment Sent” within 24 hours.
* Purchase Protection for Buyers against counterfeit items and or slabs.
What Sellers Need to Know:
* 0% Fee for Sellers, NO PAYMENT PROCESSING FEES.
* Once payment is received by MySlabs sellers are required to ship, upload tracking and update the transaction’s status to “Item Shipped” within 3 business days.
* Sellers are required to include the MySlabs provided packing slip with their item for proper identification.
* Sellers are required to complete a payout request form to receive final payment from MySlabs.
The Exact Process Will Work as Follows:
1) Anyone who wishes to make a purchase of a MySlabs showcase item MUST have or create a Collectors Vault Account here. Buyers should then enter their account information in their MySlabs profile tab.
2) After completing checkout buyers should refer to their transaction history tab for their invoice and Wire/ACH instructions for the MySlabs escrow account. Buyers are then required to initiate the payment within 24 hours and update the transaction’s status from "Payment Pending" to “Payment Sent” in either their transaction history or action required tab. This will notify the seller as well as the MySlabs team.
3) As soon as funds are received by MySlabs the status of the transaction will display “Payment Received”. The seller will immediately be notified and instructed to ship the item to the MySlabs escrow account at the Collectors Vault. A packing slip with the appropriate shipping address will be located in the seller’s transaction history tab. Sellers are required to print and include this packing slip in the package with the item for proper identification. It is the seller’s responsibility to get the item to the Collectors Vault safely and as described. In this regard overnight shipping with private insurance is always a best practice that should be adhered to. As with all MySlabs transactions sellers have 3 business days to ship and upload tracking for their item. Once tracking is uploaded in the system the status of the item will be updated to “Item Shipped”
4) Once received items will be scanned by the Collectors Vault team and then verified by MySlabs. Any slabs submitted via the partnership will be reviewed prior to entering the Collectors Vault. In the event a slab does not pass this initial review, MySlabs will be immediately notified and funds will be returned to the buyer. The seller will also be notified of the issues and the item will be returned to them. Upon successful completion of this intake process the status of the transaction will be updated to “Item Received”. If they haven't already done so, at this point sellers should provide their banking information to the MySlabs team via the "Payout Request Form" located in their transaction history tab.
5) After verification, MySlabs will transfer the item to the buyer’s account at the Collectors Vault and pay out the seller via Wire/ACH. At this point the transaction’s status will be updated to “Transaction Completed” and the buyer will see their item in the Collectors Vault and will have access to all services provided by Collectors Vault. All shipping and insurance costs associated with shipping to or on behalf of the buyer are the sole responsibility of the buyer and will be paid directly to the Collectors Vault. Once in the Collectors Vault all items are subject to the terms, conditions and fees outlined on their website here.
6) Fees: A 3% buyer’s premium will be added to all Showcase items at checkout. The seller fee for all Showcase items will be 0% and there are no payment processing fees. Sellers will receive 100% of the agreed upon price between them and the buyer.
7) Only cards and comic books slabbed and authenticated by the grading companies specifically listed in the respective slab-type drop-downs may be listed in the Showcase (no raw singles or raw lots whatsoever). MySlabs reserves the right to move or delete any items not appropriately listed at it’s discretion. This is including but not limited to listings with poor quality images that either aren't cropped properly or lack clarity. Showcase sellers should be providing as much detail as possible and are encouraged to use more than the 2 photo minimum to do so.
8) Only boxes and cases that are wrapped/sealed by BBCE and or the original manufacturer may be listed. Unsealed boxes with loose packs and unsealed cases with loose boxes are NOT allowed in the High-End Wax section.
9) Both buyers and sellers can monitor the current status of their Showcase orders in their Transaction History tab. A transaction's current status will always be displayed as one of the following:
* PAYMENT PENDING - Buyer has committed to purchase via checkout but has yet to initiate the Wire/ACH.
* PAYMENT SENT - Buyer has confirmed that the Wire/ACH has been initiated on their end.
* PAYMENT RECEIVED - MySlabs has received funds from the buyer.
* ITEM SHIPPED - Seller has shipped the item and uploaded tracking information.
* ITEM RECEIVED - MySlabs has received the item in its Collectors Vault escrow account.
* TRANSACTION COMPLETED - MySlabs has verified and transferred the item to the buyer via their Collectors Vault account. MySlabs has also initiated the pay-out to the seller.
10) MySlabs Buyer Protection: The MySlabs team takes fraud very seriously and actively takes steps to protect users on our platform. In this regard MySlabs offers buyers full purchase price protection against counterfeit items and or counterfeit slabs on Showcase purchases. To file a claim under this policy buyers must follow this process:
A. All claims must be made within 120 days of the item being transferred to a buyer’s Collectors Vault account.
B. Upon being notified of a claim MySlabs will provide instructions for shipping the item to the appropriate grading company for an authenticity check.
C. Upon receiving the item the grading company will provide MySlabs detailed scans to ensure that the item being reviewed is the exact item (and exact holder) from the original listing.
D. The grading company will then review the item and holder.
E. The MySlabs team will consider the findings and make a final determination.
11) Because MySlabs has no way of controlling the environment in which BBCE wrapped and or factory sealed boxes and cases are opened, buyer protection on sealed wax only goes as far as the wrap or seal itself. Therefore, any authenticity claim must be made PRIOR to opening the wrap or seal. If a buyer does make an authenticity claim within the allotted 120 day window and it's then determined that a wrap or seal has been tampered with or broken in any way, all buyer protection is forfeited.
I. Customer Support
Directory:
* [email protected] (Support for existing raw card orders.)
* [email protected] (Support for
existing raw comic orders.)
* [email protected] (Support for new
buyer and seller accounts.)
* [email protected] (Support for
existing orders.)
* [email protected] (All inquiries
related to account suspensions and re-activation requests.)
* [email protected] (All
general inquiries beyond the scope of the communication channels outlined
above.)
J.
Full Legal Terms and Conditions:
A. About Us:
Welcome to
MySlabs.com (the “Website”). My Slabs, LLC (“My Slabs”, “us”, “we”, or “our”)
provides an online marketplace where sellers can post their collection of items
for sale (“Sellers”) and buyers can purchase items (“Buyers”) offered by
Sellers through our Website. Any such transactions are directly between Buyer
and Seller. We are not a party to the sale of any of the goods offered through
the marketplace. We do this through the services offered on the Website and by
the products and services otherwise offered by us (together with the Website,
Content (defined below), and all of the products and services offered by us,
our “Services”). By accessing or using our Services, you the end user of our
Services (together with Sellers and Buyers, collectively “User”, “you”, or
“your”), expressly agree to be bound to and to abide by these Terms of Service
(“Terms”), our Privacy Policy, and any other policy we may develop from time to
time (collectively, “Policies”), which create legal and enforceable agreements
whether or not you register for a user account (a “Profile”) with us, or
whether or not you obtain, transmit, post, send, receive, link, email, upload,
download, submit or otherwise communicate (“Post”): an Item (defined below),
text, ratings, images, video, audio, graphics, links, electronic messages, or
any other input and data (collectively, “Content”) using our Services to us or
other Users. If you do not agree to be bound to or to abide by these Terms of
Service and our other Policies, do not browse our Website or use our Services.
BY ACCESSING OUR
SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT)
REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER
INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE
PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD
SIGNED THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION
PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE
TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
B. Terms of Sale
1. All Users
agree that items listed for sale are sold in “as is” condition, with No
Returns, Refunds or Exchanges.
2. NO RETURNS, REFUNDS OR EXCHANGES FOR ANY ITEM PURCHASED THROUGH THE SERVICES except for the following situations:
a. If there is extensive damage to the Item’s
protective container or holder, a Buyer may request a credit not to exceed the purchase
price from the seller after providing sufficient photographic evidence of the damage to the Seller.
Please note that scratches on the surface of the holder or chips or cracks in the holder do not qualify for
any credit.
b. If a Seller ships the wrong item
to a Buyer, a full refund is warranted after the item is returned to the seller in accordance with PayPal's
return guidelines.
c. Showcase items that are sold and later found to be counterfeit
as confirmed by the original grading agency through the "MySlabs Buyer Protection" process. In the unlikely
event a seller is unable to initiate a full refund, MySlabs will exhaust all avenues to recover any losses
absorbed
by the buyer and or ourselves. By listing items in the Showcase sellers assume all financial and legal
responsibility for the accuracy and content of their listings.
C. Terms of Service:
1. Service
Conditions and Fees.
a. You cannot use the Services unless you are at least 18 years
of age. By using or accessing the Services, you represent and warrant to us
that: (a) you are at least 18 years of age; (b) you have the right, authority
and capacity to agree to, and abide by these Terms; and (c) you shall not use
the Services, or any rights granted hereunder for any unlawful purpose or any
purpose which violates these Terms.
b. Sellers Fees.
Fees for sellers
are based on one's usage of the site therefore a seller/usage fee is calculated
as a percentage of the transaction amount and is billed along with successful
sales. Sellers of Slabbed Cards, Slabbed Comics and Sealed wax are charged a
seller fee of 1% with a minimum of $1 per transaction. Sellers of Raw Cards and
Raw Comics are charged a seller fee of 3% with no minimum. Fees are used solely
at the discretion of MySlabs for the support and maintenance of the platform.
*Note as all payments are processed by PayPal (Good and Services) standard
PayPal fees also apply. Sellers should refer to their PayPal user agreement for
the most current rates.
c. Buyer’s Fees.
Fees for buyers are based on
one's usage of the site therefore a 1% buyer/usage fee (calculated as a
percentage of the transaction amount) is billed along with successful purchases,
with the exception of Showcase purchases. Showcase
purchases include a 3% buyer fee. Fees are used
solely at the discretion of MySlabs for the support and maintenance of the
platform.
2. Duration of License to Access Services. These Terms provide you with a personal, revocable,
non-exclusive, non-assignable, non-transferable, limited and temporary license
to access and use the Services. We shall be entitled to terminate, restrict, or
suspend this license granted to you with immediate effect and without notice,
including but not limited to by deleting your Profile or otherwise restricting
your ability to access or use the Services, for any reason, as determined by
us.
3. Profiles.
(a) To Use certain aspects of our Services, you must create a
Profile. If you choose to create a Profile with us, then you agree to provide
true, accurate, current and complete information as prompted by our
registration form, and to maintain and promptly update the information you
provide to us in order to keep such information true, accurate, current and
complete. It is your obligation to maintain and control passwords to your
Profile. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES
OR ACTIONS TAKEN UNDER YOUR PROFILE, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH
ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized
uses of your username and password and/or any other breaches of security. There
is no assumption by us of your responsibility to notify your local law
enforcement agency of any identity theft. You agree we will not be liable for
any loss or damages caused by your failure to comply with your security
obligations.
(b) As part of the Profile registration process, Users may
indicate their personal taste preferences. This Content will be publicly
displayed on our Website.
4. Sellers.
(a) Posting Options. Sellers who create a Profile with us may
Post offers to sell a collectible (an “Item”) through our Website. There is no
individual listing fee for Posting Items to our Website. Sellers are charged
monthly based on a percentage of value of collectibles sold, on a recurring basis.
(b) Item Posting
and Removal. We may monitor the Items that Seller’s propose for Posting on the
Website and reserve the right to refuse to Post or delete any Item or other
Content for any reason or no reason, as determined by us in our sole discretion,
although we have no obligation to do so. Sellers may remove Item Postings from
our Website by accessing that Seller’s Profile. In connection with Items,
Sellers must communicate with Buyers by contacting the Buyer directly. As noted
in Section 6 and Section 7 below, all transactions between Sellers and Buyers
are between those Users alone, and therefore Sellers agree that each Seller is
independently responsible for collecting and paying all taxes associated with
the sale of Items to a Buyer and Items they Post.
(c) Sellers agree that any
Items Posted by such Seller may be searched, displayed, accessed, downloaded,
copied, and otherwise referred to by other Users and My Slabs, in our absolute
discretion. Each User (i) represents and warrants that all Item information
provided by that User will be accurate; (ii) agrees that such User will not
Post an Item on our Services for activities that are unlawful; and (iii) agrees
to administer the Items provided by such User and maintain the accuracy of Item
Postings at all times. You acknowledge and agree that you are responsible for
any and all Items you Post. Accordingly, you represent and warrant that any
Item you Post is in compliance with all applicable laws, tax requirements, and
regulations that may apply to any such transaction, and does not conflict with
the rights of third parties. We assume no responsibility for a User’s
compliance or lack of compliance with any applicable laws, rules or
regulations.
(d) Sellers agree that Sellers (and not us) are responsible for
arranging for the delivery or pickup of Items sold to Buyers using our
Services. The shipping or delivery options offered to a Buyer are at the
discretion of the individual Seller.
i. We strongly encourage Sellers
to pack carefully, using appropriate packing material to protect the Item.
ii. We strongly
encourage that Sellers use require signature on delivery and insure the Items
that are shipped.
iii. There are no returns or exchanges of the Items sold through
the Services. Paypal may require refunds or returns on certain transactions,
and Sellers agree not to hold MySlabs responsible in any way, including for
fees.
(e) Compliance with Laws. By using the Services, Sellers
represent and warrant that they shall: (i) shall comply with all applicable
health code regulations of the applicable jurisdiction in connection with the
preparation of Items; (ii) obtain and maintain any and all state, local, and/or
other licenses and permits applicable to the preparation and selling of Items
through our Services; (iii) comply with all other applicable laws, regulations,
ordinances in connection with the preparation and sale of Items through the
Website as well as with use of the Services.
5. Buyers. Users are able to purchase Items from Sellers by using our
Services and processing payment through our Services. As noted in Section 6 and
Section 7 below, all transactions between Sellers and Buyers are between those
Users alone, and therefore Buyers agree that each Buyer is independently
responsible for paying all taxes associated with the Items they purchase for
Sellers and Item Postings they respond to. Buyers agree that Buyers (and not
us) are responsible for arranging for the delivery or pickup of Items purchased
from Sellers using our Services.
6. Item Transactions.
(a) We provide
our Services for a fee. Therefore, Buyers and Sellers may not: use User contact
information obtained from the Services or using any My Slabs Services to offer
to sell any listed Item outside of the Services or cancel a Posting to sell to
a Buyer who found the Item on the Services. Users agree that the terms of: any
transaction relating to an Item; the price of an Item; delivery and/or pick up
of Items; and any compensation paid by a Seller to a Buyer are established by
the Seller and Buyer alone and we are not a party to any transactions between
Users.
(b) Sellers agree to pay us a fee determined by us in connection
with each Item sold by the Seller using our Services (see Section 8 below).
(c) You
understand and agree that we do not accept, offer, or issue any returns,
refunds, or credits of any fees paid by you to us. Users agree that all
customer service issues, including but not limited to dissatisfaction with
Items, non-delivery of Items, refunds relating to Items, and all other matters
relating to any transaction between Users are solely between the Users involved
and we will have no responsibility relating to any such customer service issues
relating to use of the Services.
7. User
Interaction.
(a) OUR SERVICES CREATE ONLY A VENUE TO CONNECT USERS. USERS ARE
NOT OUR EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS. WITH THAT IN MIND, YOU
UNDERSTAND AND AGREE THAT WE: (i) do not employ, recommend or endorse any Users
and have no control over the acts or omissions of any other User in any way
using or having used the Services, on or off our Website; (ii) are not
responsible for any User’s compliance or non-compliance with applicable laws in
connection with any transaction such User may engage in with another User;
(iii) make no representations or warranties about the quality or legality of
the services offered by a User in connection with an Item or about interactions
or dealings with other Users; (iv) are not responsible for the performance or
conduct of any User or other third parties in any way using or having used the
Services, on or off the Website; and (v) are under no obligation to become
involved in disputes between Users.
(b) We do not screen Users
or conduct any kind of identity or criminal records checks. As such, Users should
exercise caution and perform their own screening before connecting with a User
through the Services, meeting anyone, or traveling to a location in response to
an Item Posting or otherwise. We expressly disclaim, and you expressly release
us from, any and all liability whatsoever for any controversies, claims, suits,
injuries, loss, harm and/or damages arising from and/or in any way related to
the Services or your interactions or dealings with other Users, including but
not limited to any acts and/or omissions of Users in any way using or having
used the Services, on or off our Website. By using the Services, you
acknowledge that you are solely responsible for such use and the connections
you make and that ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.
(c) Although we
have no obligation to verify any information provided by a User in connection
with our Services, we reserve the right to do so in our sole discretion. You
hereby authorize us to verify the representations and warranties you make or
the other information you provide. IF YOU PLAN TO USE OUR SERVICES AS A SELLER,
WE REQUIRE THAT YOU PROVIDE US WITH INFORMATION THAT VERIFIES, TO OUR SOLE
SATISFACTION, YOUR TELEPHONE NUMBER. You agree to provide us with any and all
information and/or verification we may request as we deem appropriate in our
sole discretion.
8. Payment by Sellers to Us. You
agree to pay us any and all then-current fees applicable to your use of the
Services, as determined by us. The policies and fees that are disclosed to you
when you use a feature of our Services for which we charge a fee are a part of
these Terms. In connection with any fees paid by you, you agree: (a) to only
provide valid and current payment information; (b) to promptly pay all fees and
amounts assessed by us upon demand; and (c) to abide by the terms and policies
of Paypal. (see Paypal.com for more information). We are not responsible or
liable for any activities or conduct of Paypal, and you agree to hold us
harmless, indemnify, defend, and expressly release us, from any and all
liability relating to the conduct of Paypal. All fees shall be paid in US
Dollars.
9. Content.
(a) By Us. All Posts and Content on our Services, or obtained
from a Linked Site are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’.
My Slabs provides our Services for informational purposes only and any
statements made by us are opinions only. We expressly disclaim all liability
related to the accuracy or reliability of any opinion, advice, or Content on
our Services or reliance on any opinion, advice, or Content on our Services.
OUR SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, EMPLOYMENT, ACCOUNTING, TAX, OR
OTHER PROFESSIONAL ADVICE. OUR SERVICES ARE A RESOURCE ONLY. We are not
attorneys, paralegals, accountants, or tax specialists, or any other sort of
licensed professional. As such, we expressly disclaim all liability related to
the accuracy or reliability of any opinion, guidance, or Content Transmitted by
us or available through our Services or reliance on any of the aforementioned.
We will do our best to provide top-quality Services to you. However, the
Content published through the Services may also include inaccuracies or
typographical errors. We do not warrant or represent that the Content available
through our Services is complete or up-to-date.
(b) Linked Sites.
(i) Our Services
may link to other sites by allowing you to leave our Services to access third
party material or by bringing third party material into our Services via
‘inverse’ hyperlinks and framing technology (a “Linked Site”). The appearance,
availability, or your use of URLs or hyperlinks to Linked Sites referenced or
included anywhere on the Services or any other form of link or re-direction of
your connection to, with or through the Services, does not constitute an
endorsement by, nor does it incur any obligation, responsibility or liability
on the part of My Slabs or its Affiliates. We have no discretion to alter,
update, or control the Content on a Linked Site. We do not verify, endorse, or
have any responsibility for, any such Linked Sites, their business practices
(including their privacy policies), or any goods or services associated with or
obtained in connection with any Lined Site, whether the or not our logo(s) or
sponsorship identification is on the Linked Site as part of a co-branding or
promotional arrangement. If any Linked Site obtains or collects personal
information from you, in no event shall we assume or have any responsibility or
liability. Please read our Privacy Policy which describes how we collect and
use your personal information.
(ii) Third Party Products and Services. When you use our
Services to purchase products or services from a Linked Site, you are
purchasing that product or service directly from the third party Linked Site.
Your order is placed with, filled by, and shipped by that third party Linked
Site. We have no involvement in any shipment, fulfillment, returns, or refunds
associated with any products or services that you purchase from a Seller,
Linked Site or third party. You understand that you must contact the third
party Linked Site directly for inquiries related to your purchase, including
but not limited to: returns, shipping, customer service, refunds, or general
information. By using our Services, you expressly represent and warrant that
you will abide by and will not violate any policies, rules, terms, or
conditions of that third party Linked Site.
(c) Content Posted by
Sellers.
(i) You agree that you are solely responsible for and retain all
rights in the Content that you Post using our Services, and otherwise transmit
to us or other Users. You agree that you will not: Post Content that infringes
on the intellectual property rights of others; Post any Content which violates
any provision of the use restrictions in Section 12; or Post any objectionable
Content as determined by us in our sole discretion. WE ARE NOT RESPONSIBLE FOR
ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST
USING OUR SERVICES.
(ii) You agree that any Content provided to us or a User or
Posted in connection with the Services by you is provided on a non-proprietary
and non-confidential basis. Subject to our compliance with our Privacy Policy,
you agree that we shall be free to use or disseminate Content Posted by you on
an unrestricted basis for any purpose. If you provide or Post Content to us or
another User in connection with the Services, you grant us a nonexclusive,
worldwide, royalty-free license to (in any media now known or not currently
known or invented) link to, utilize, use, copy, exploit, and prepare derivative
works of such Content. You further agree that we have the right to promote any
Content through any social media profiles, including but not limited to
on facebook.com, instagram.com, or twitter.com (collectively, “Social Media Accounts”), as determined by
us in our sole discretion. No Content you submit shall be deemed confidential.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS
APPLICABLE TO ANY CONTENT YOU SUBMIT TO SIMPLY. Notwithstanding the foregoing,
you hereby assign to us all right, title and interest in and to any new feature
that you may suggest or submit to us and you acknowledge and agree that we may
use such suggestion or submission in any manner, including, without limitation,
to develop features for the Services.
(iii) You represent and
warrant that you own or otherwise possess all necessary rights with respect to
Content Posted by you, and that Content Posted by you does not and will not
infringe, misappropriate, use or disclose without authorization or otherwise
violate any copyright, trade secret right or other intellectual property or
other property right of any third party, and that Content Posted by you is not
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable, as determined by us.
(iv) You agree that we may
but are not obligated to: filter any Content including but not limited to,
deleting or replacing expletives or other harmful or offensive language; refuse
to display any Content; remove Content from our Services for any reason or no
reason, as determined by us; and/or disclose any Content and the circumstances
surrounding the use thereof, to any third party for any reason or no reason, as
determined by us. We are not responsible for, and will have no liability for,
the removal or non-removal of any Content from our Services.
(v) You agree
and understand that you may be held legally responsible for damages suffered by
other Users or third parties as the result of your remarks, information,
feedback or other Content Posted on our Services that is deemed defamatory or
otherwise legally actionable. Under the Federal Communications Decency Act of
1996, My Slabs is not legally responsible, nor can it be held liable for
damages of any kind, arising out of or in connection to any defamatory or
otherwise legally actionable remarks, information, feedback or other Content
posted or made available on our Services. Further, you agree to indemnify, hold
harmless, and defend us from any liability and/or damages relating to any
Content Posted by you or by a third person using your Profile.
(d) Posted by Users
or Others. We do not endorse and are not responsible for (i) the Content
provided by other Users, (ii) the accuracy or reliability of any opinion,
advice, statement, or Content made through our Services, (iii) any Content
provided on Linked Sites, or (iv) the capabilities or reliability of any items
or service obtained from a Linked Site. There are risks involved with relying
on information on our Services, and you expressly assume those risks when using
our Services. Under no circumstance will we be liable for any loss or damage
caused by your reliance on any Content, items, other information, or services
obtained through our Services or a Linked Site.
10. Intellectual
Property.
(a) Trademarks. MY SLABS, MY SLABS, LLC and MYSLABS.COM and all other graphics, logos, page headers, button icons,
scripts, service names and other Content that we use, manage or control are
trademarks, registered trademarks or trade dress of ours or our subsidiaries,
officers, employees, independent contractors, suppliers, representatives,
licensors, licensees, successors, assigns, agents, partners, or other affiliate
(collectively “Affiliates”) in the United States or other countries or both. No
one may use these trademarks or trade dress in connection with any product or
service that is not our product or service without our express written
permission. All other trademarks that appear on our Services are the property
of their respective owners, who may or may not be affiliated with, connected to
or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the
case of Content under license to us, we claim a copyright, and all copyright
protection afforded, under international, United States and the State of New
York laws to all text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, software (ours or our software
suppliers), and all other Content on our Services. The compilation of all
Content on our Services is our exclusive property, and it is similarly
protected. We also claim a copyright, and all copyright protection afforded,
under international, United States and the laws of the State of New York to all
material described in the trademarks section above. Your access to all
information and Content located on our Services is strictly permitted through
the license granted to you under these Terms. Except for the license granted in
these Terms, all rights, title and interest in Content, in all languages,
formats and media throughout the world, including all copyrights, are and will
continue to be the exclusive property of ours and other parties. Except as
permitted by these Terms, you are prohibited from modifying, copying,
distributing, displaying, publishing, selling, licensing, creating derivative
works, or using any Content available on or through our Services without our
prior written permission, or in the case of Content owned by a third party,
without first receiving permission from the owner of that Content. You may not
alter or remove any trademark, copyright or other notice from copies of the
Content.
(c) Infringement Claims. We respect the intellectual property of
others and ask that Users do the same. In connection with the Services, we have
adopted and implemented a policy respecting intellectual property that provides
for the removal of any infringing or unauthorized materials and for the
termination of a User’s ability to use our Services, in appropriate
circumstances, if we determine that User is infringing on the intellectual property
rights of others. If you believe that a User is, through the use of the
Services, unlawfully infringing by submitting unauthorized Content, and wish to
have the allegedly infringing or unauthorized material removed [contact us
at [email protected]] [OR] [, the following information in the form of a
written notification (pursuant to 17 U.S.C. § 512) must be provided to our
designated copyright agent (“Designated Agent”): your physical or electronic
signature; identification of the works or rights that you claim to have been
infringed; identification of the Content on the Services that you claim is
infringing and that you request us to remove; sufficient information to permit
us to locate such Content; your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable
Content is not authorized by the copyright or other rights owner, its agent, or
the law; and a statement that the information in the notification is accurate,
and under penalty of perjury, that you are either the owner of the copyright or
other right that has allegedly been infringed or violated or that you are
authorized to act on behalf of the copyright or other rights owner. Note that,
pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a
written notification automatically subjects the complaining party to liability
for any damages, costs and attorney’s fees incurred by us in connection with
the written notification and allegation of copyright infringement].
Our Designated
Agent is:
My Slabs, LLC, Attn: DMCA Matters, 26 West 87th Street, New
York, NY 10024,
11. Mobile Devices. If you are
accessing the Services via a mobile device or tablet which is owned or
controlled by you (a “Device”) then, subject to your compliance with these
Terms and our Policies, the license granted hereunder allows you to access our
Services using your Device. You understand and agree that use of the Services
via your Device may result in data or other charges from your mobile communication
service provider and you expressly release, indemnify, hold harmless, and
defend us from any and all liability relating to any such charges and/or your
Device.
12. Use Restrictions. You may
not use or plan, encourage or help others to use our Services for any purpose
or in any manner that is prohibited by these Terms or by applicable law. In
using our Services, you agree at all times that you shall not: (a) infringe on
the copyrights or other intellectual property rights of My Slabs, a User, or a
third party (b) copy, distribute, or modify any part of our Services without
our prior written authorization; (c) Post inappropriate, inaccurate, false, or
misleading Content to our Services; (d) transmit any Content which contains
software viruses, or other harmful computer code, files or programs; (e) Post
Content that falsely states, impersonates or otherwise misrepresents your
identity, or misrepresenting your current or previous positions and
qualifications, or your affiliations with a person or entity, past or present;
(f) make threats or use profanity; (g) harass, stalk or intimidate other Users;
(h) manipulate or exclude identifiers in order to disguise the origin of any
Content; (i) disrupt the networks connected to our Services, including but not
limited to by: attempting to probe, scan or test the vulnerability of our
Services, attempting to breach security or authentication measures without
proper authorization, or attempting to interfere with our Services or a User,
by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j)
circumvent, disable or otherwise interfere with security-related features of
our Services or features that prevent or restrict use or copying of any Content
or that enforce limitations on use of our Services; (k) collect Content,
personally identifying information, and/or other information from our Services,
or otherwise access our Services, by using any automated means, including but
not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without
our prior written approval which we may withhold in our discretion; (l) modify,
translate, reverse engineer, decompile, disassemble, create derivative works
based on, sublicense, sell, or distribute the Services; (m) rent or lease any
rights in the Services in any form to any third party or make the Services
available or accessible to third parties; (n) use any communications systems
provided by our Services to send unsolicited or unauthorized commercial
communications, including but not limited to by email, SMS, MMS, or any other
means; (o) remove, alter or obscure any proprietary notice or identification,
including copyright, trademark, patent or other notices displayed on our
Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or
conceal any information relating to Content or other information that you
provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the
Services without our prior consent; or (r) use our Services to violate any
applicable laws, rules or regulations, or for any unlawful, harmful, or
inappropriate purpose, or in any manner that breaches these Terms or is
otherwise objectionable, as determined by us in our sole discretion.
13. Termination,
Restriction and Suspension.
(a) Termination By You. You may cancel your Profile at any time
for any reason or no reason by using your Profile dashboard or notifying us in
writing (email to [email protected] is acceptable) or using your
Profile dashboard. Upon cancellation of your Profile, access to certain features
of the Services may be restricted. Termination of your Profile will be
effective within a commercially reasonable time after we receive notification
of your desire to cancel and any outstanding fees owned by you are paid to us,
as determined by us.
(b) By us. We retain the right to terminate, restrict, or
suspend these Terms, your Profile, and/or your license to access or use our
Services at any time in our absolute and sole discretion, without prior notice,
for any reason or no reason, as determined by us.
(c) After Termination. Upon
termination of these Terms, your Profile, and/or your license to access or use
our Services for any reason, you agree that we may take any measures we deem
necessary to prevent you from accessing our Services, including by blocking
your IP address. You agree that after termination of your access to our
Services, we are not obliged to retain or provide to you any Content or
Personal Data (as defined in our Privacy Policy) which was collected by us, but
we may elect to do so in our sole discretion, for a duration determined by us.
14. DISCLAIMERS.
(a) IF YOU
CHOOSE TO USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND
AGREE THAT MY SLABS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON
ANY USER, INCLUDING, BUT NOT LIMITED TO USERS WHO POST ITEMS, BUT MAY CONDUCT
SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. OUR SERVICES AND CONTENT ARE
PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR
LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED
TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT
LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES MY
SLABS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY,
SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE,
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. MY SLABS MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT
WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON
AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. MY
SLABS MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR
THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
(b) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY SLABS OR THROUGH THE
WEBSITE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS
WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR
SERVICES, INCLUDING, BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU
UNDERSTAND THAT MY SLABS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE WEBSITE OR SERVICES. MY SLABS MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES.
(c) WE MAKE NO
REPRESENTATION OR WARRANTY AS TO THE IDENTITY OF A USER. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS
OF THE WEBSITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES,
INCLUDING, BUT NOT LIMITED TO, USERS AND/OR THIRD PARTIES, PARTICULARLY IF YOU
DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE
FACILITATED BY THE SERVICES. MY SLABS EXPLICITLY DISCLAIMS ALL LIABILITY FOR
ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
15. Release and
Waiver of Claims. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY
AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR
PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL
LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES
(INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE
ARISING FROM OR IN ANY WAY RELATED TO: (A) THE SERVICES OR THESE TERMS, (B) AN
ITEM, (C) YOUR DEVICE (D) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A
USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (E) ANY INACCURACY, UNTIMELINESS,
OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR
ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF YOU ARE A RESIDENT OF THE
STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT
RELATING TO ANY MATTER COVERED BY THESE TERMS MAY BE FOUND TO BE OTHER THAN NOW
BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE
DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND
ALL RIGHTS WHICH YOU MAY HAVE.