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 on the first screen with the ship-to information. Please
note that
Stripe is not currently an option for international buyers. Please
also 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 indicated on the PayPal invoice or
provided
by the buyer during the Stripe checkout process. There is no
international
shipping. Buyers can indicate any domestic United States shipping
address in
their PayPal account, what they edit in during PayPal checkout or
during the
Stripe checkout process, including those of third parties such as
Collectors
Vault. Please do not ask a seller to ship to an address other than
the one
listed on the Stripe or PayPal receipt. During the 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 payments processed through PayPal may be
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,
Paypal buyers 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 Paypal or
credit-card claims 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,
credit card companies or banks 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 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
judgment 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) 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.
16) 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.
17) We encourage all
members to use social media to discuss their experiences with
MySlabs both good
and 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 judgment 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. Slabbed products should be vertical so
that flips
may be read with ease. Images should be uploaded to listings showing
any damage
or any questionable, non-typical issue if the issue isn't obvious
while looking
at a front or back scan. No stock images may ever be used with the
exception of
wax listings.
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 previously sold items from MySlabs 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). Canceling 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 domestic USA shipping address
indicated on the PayPal invoice or that which is provided by the
buyer during
the Stripe checkout process. DO NOT SHIP TO ANY OTHER ADDRESS. If
you ship to a
different address, your seller protection will be voided by the
payment
processor.
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 either PayPal (Good and
Services) or
Stripe, payment processing fees also apply. Stripe processing fees
through
MySlabs are currently 3.49% plus $.49 per transaction (MySlabs
seller fees are
additional and dependent on the product being sold). In the event a
chargeback
or dispute is opened via Stripe against a seller, a nonrefundable
dispute fee
of $30 will apply. Paypal sellers also incur dispute/chargeback fees
so we
encourage all Paypal sellers to regularly refer to their PayPal user
agreement
for the most current rates for this and all fees. Please note that
there are no
seller fees or payment processing fees on Collectors Vault Escrow
items.
*We would also like to 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 from your PayPal dashboard:
Users must go into their PayPal profile on desktop then:
Select "Account Settings" >
Select "Payment Preferences" >
Select "Block Payments" >
Select "Update" >
Select "Pay with eCheck Transfer" >
Select " Block payments from users who: have non US PayPal
accounts"
11) In the event a transaction processed through Stripe is
successfully charged back by a buyer, MySlabs reserves the right to
debit the
seller’s bank account on file or submit an invoice to the seller to
recover the
balance. If the full balance is not available MySlabs will exhaust
all legal
avenues to recover the outstanding funds including but not limited
to
re-attempting to debit the seller’s account on file at various
intervals.
12) 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.
13) 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.
14) 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 canceled sale or refund sellers should add
"canceled" or "refunded" into the tracking box (which is
located in their transaction history tab).
15) 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.
16) All items should be shipped fully insured with tracking to
protect yourself as a seller. Above a certain price threshold
signature
confirmation is 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.
17) 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 or 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
re-slab fee
or 1% of the total purchase, whichever is greater. Box damage will
be reviewed
on a case by case basis.
18) 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.
19) 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.
20) 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). 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.
21) 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 where their items will be shipped
from (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 Collectors Vault, etc.)
22) Payments processed through Paypal 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.
Collectors Vault Escrow purchases notwithstanding 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. Payments on the platform processed
through
PayPal 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.
23) 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. No form or reason of seller's remorse
will be
tolerated.
24) 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.
25) 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.
26) We encourage all members to use social media to discuss their
experiences with MySlabs both good and 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
judgment 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, Stripe or Wire/ACH within 24 hours. Please
remember buyers
who fail to do so are automatically deactivated by our system and
would have to
then request reinstatement, at which point in time you will need to
resubmit
your offer.
2. During the checkout process it is the buyer's responsibility to
provide an accurate and secure shipping address to the seller. 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. MySlabs makes no guarantees of
any kind with
regard to shipments between users. Collectors Vault Escrow purchases
notwithstanding 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. Payments on the platform processed through PayPal 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. Payments made through the debit/credit option are protected by
the creditor. Because each bank/creditor has their own unique client
protection
we strongly suggest familiarizing yourself with any creditor's
policies you
intend to use.
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 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.
Please be patient as these situations are typically an oversight by
the seller
and the items more often than not have already shipped.
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. It's important to keep in
mind that USPS has issues several times a year during high volume
shipping
periods with items not updating past the label created stage. Rest
assured that
this is a common issue and we will monitor all cases where this
occurs. In most
cases the item in question is delivered without any additional
updates or
scans.
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. All packaging should be saved by the buyer for
MySlabs records
and to be shipped back to the seller if the
insurer is requiring the packaging to be inspected.
6. Due to the subjective nature and evolution of grading, no buyer
is due a refund if they attempt to cross, reholder
or
bump any item if no obvious damage is present (to the naked eye). A
grader's
unwillingness or inability to do any of these actions on any given
day is not
considered an absolute on the opinion of the item.
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 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 or
that which is provided by the buyer during the Stripe checkout
process only.
Not doing so negates all Seller Protection.
4. Shipping is at the seller’s discretion, but preferred couriers
are USPS, FedEx, and UPS. Media mail is not an acceptable form of
shipping. 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. All wax shipments
should be
packaged securely inside of an exterior box. Boxes and cases shipped
solely in
the original factory packaging risk damage that may be unacceptable
to the
buyer and run a higher risk of being stolen through the delivery
process.
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 lets 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 canceled sale
or refund,
sellers should add "Canceled" 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: As part
of our ongoing commitment to our members and bettering the industry,
MySlabs has
secured an insurance policy to assist in the
unlikely event that an item purchased through our escrow service is
deemed
inauthentic. To file a claim under this policy buyers must follow
this process:
A. All claims must be made within 60 days of the item
being
removed from the Collectors Vault by the buyer never to exceed 240
total days
from the date the item entered the Collectors Vault. This means that
if a buyer
leaves their asset in the Collectors Vault for 180 days they have an
additional
60 days to file a claim with MySlabs. If
a buyer
takes the item out at any point prior to 180 days, the 60 day claim
window
starts the day it leaves the Collectors Vault. If a buyer leaves the
asset in
the Collectors Vault beyond 180 days they
would have
the balance of 240 days to file a claim.
B. Once a complaint has been filed MySlabs
will collect all relevant information including but not limited to
buyer
concerns. If there is enough compelling evidence to question the
authenticity
of the item we will recommend sending the
item to PSA
for review.
C. Should the item be deemed inauthentic by PSA the
seller of
the item will be held accountable and fully responsible to the buyer
and/or MySlabs for any loss or damages which at
minimum will be an
immediate and full refund. Should the seller fail to fully reimburse
the buyer
in a reasonable timeframe, for any reason, MySlabs
may opt to cover the debt and subsequently pursue the seller for the
full
balance by all means necessary.
D. By using the Collectors Vault escrow service both
buyers and
sellers acknowledge and agree to both MySlabs
and
Collectors Vault terms and conditions in full. Sellers acknowledge
that they
alone are financially responsible for any loss a buyer may sustain
due to an
item being deemed inauthentic both during the MySlabs
escrow insurance window and at any point afterwards. Sellers also
acknowledge
that while MySlabs may cover a buyer's
claim they are
responsible for reimbursing MySlabs for
any financial
loss or damages resulting from an authenticity claim.
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 the appropriate 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 regular (non
escrow)
marketplace payments are processed by either PayPal (Good and
Services) or
Stripe, payment processing fees also apply. Stripe fees through
MySlabs are
currently 3.49% plus $.49 per transaction. In the event a chargeback
or dispute
is opened up against a Stripe seller a fee of $30 will apply. Paypal
sellers
also incur dispute/chargeback fees so we encourage all Paypal
sellers to
regularly refer to their PayPal user agreement for the most current
rates on
this and all fees. Please note that there are no seller fees or
payment
processing fees on Showcase items.
*We would also like to remind sellers that PayPal charges 1.5%-2%
additional to process payments originating from international PayPal
accounts.
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 MySlabs) 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 MYSLABS 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. MYSLABS 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.