TERMS AND CONDITIONS
Customer acknowledges that he/she has read the Graceland Authenticated, LLC (“Graceland”) Terms and Conditions (the “Terms and Conditions”) set forth below and agrees to abide by these Terms and Conditions, and further agrees that Graceland is entitled to rely upon and benefit from these Terms and Conditions. If there is any conflict between the Terms and Conditions and the Agreement, the provisions of these Terms and Conditions shall prevail. Any terms not defined in the Terms in the Conditions shall have the definitions as set forth in the Agreement.
- Graceland will endeavor to certify the Customer's Submission within a reasonable time frame. However, Graceland will have no liability whatsoever to the Customer for damages (including incidental or consequential damages) allegedly due to Graceland's failure to certify or deny authenticity on a Submission within any time frame.
- Fees paid to Graceland are NON-REFUNDABLE.
- Certification and authentication involves judgment that is subjective and requires the exercise of expert opinion, which can change from time to time. Therefore, Graceland makes no warranty or representation and shall have no liability whatsoever to the Customer for the opinion rendered by Graceland on any submission.
- Graceland will exercise reasonable care in handling a Submission for authentication. However, if Graceland determines the Submission was lost or damaged while in Graceland's possession, Customer will be compensated based upon the fair market value of the submission as determined by Graceland, in their sole and absolute discretion, based on standard procedures which may include filing a claim with our insurance carrier. The declared value Customer indicates on the Submission Form is for estimating the insurance coverage only, should Graceland choose to insure a Submission in their own discretion, and the fair market value, as determined in Graceland's sole and absolute discretion, of the Submission may be less than such declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE FAIR MARKET VALUE OF THE SUBMISSION.
- Customer must inspect any Submission immediately upon receipt and report any damage or discrepancy to Graceland within three (3) days of receipt. Customer must also inspect all Property and/or GCA or Graceland label and paperwork immediately upon receipt for mechanical errors pertaining to the description of the submission. Mechanical errors include, but are not limited to, such errors as incorrect date or designation. Customer agrees to return any incorrectly described Property to Graceland upon request at any time and agrees to indemnify and hold harmless Graceland and its affiliates against all losses and/or claims (including attorney's fees) caused by the circulation or sale of a mismarked or mislabeled Submission or any unauthorized or inappropriate use of a GCA or Graceland label.
- Graceland shall have no liability whatsoever to the Customer for any loss or damage of any Submission occurring while the Submission is not in the custody or control of Graceland. Graceland shall have no liability whatsoever for any damage or loss in value to any Submission shipped or delivered to Graceland, such as during transit to and from Graceland. Customer, at their sole cost and expense, shall make arrangements with a handler and/or shipper of their choice to have the Submission delivered to Graceland and to have their Submission returned to them upon notification from Graceland that Graceland's determination has concluded. If Customer does not make arrangements for the Submission to be removed from Graceland within ten (10) business days of notice from Graceland, Customer will be charged a monthly fee of one (1%) percent of fair market value of the Submission, as a storage fee which must be paid by Customer before any Submission is released.
- Except as expressly specified, Graceland disclaims any and all warranties or representations, express or implied, (including the warranty of merchantability and the warranty of fitness for a particular purpose) regarding our authenticity service.
- Notwithstanding anything to the contrary contained herein, THE MAXIMUM AGGREGATE LIABILITY THAT GRACELAND SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, SHALL IN NO EVENT EXCEED THE AUTHENTICATION FEE OR LESS ACTUALLY PAID BY CUSTOMER FOR THE AUTHENTICATION SERVICES RENDERED BY GRACELAND WITH RESPECT TO THE SUBMISSION SUBMITTED FOR AUTHENTICATION HEREUNDER. IN NO EVENT SHALL GRACELAND OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS OR AGENTS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- In the ordinary course of reviewing the authenticity of a Submission, Graceland (i) compiles data regarding each Submission submitted for authenticity, including, but not limited to, data relating to the identity, production, condition and grade of the Submission (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such Submission (collectively, the “Images”). In consideration for the authentication services being provided by Graceland, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes Graceland (i) to compile and maintain such Data with respect to each Submission submitted hereunder; and (ii) to take, or cause to be taken, one or more Images of each such Submission, and further agrees that Graceland will be the owner of such Data and all such Images and that Graceland may use and exploit such Data and the Images for commercial and any other purposes, as Graceland in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, Customer, on behalf of itself and any third party for whom Customer may be acting with respect to these Terms and Conditions, unconditionally and irrevocably transfers, conveys and assigns to Graceland any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that Customer or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
- Customer agrees that Graceland may charge Customer, on any unpaid balance, interest at the higher of: (i) one and a half (1.5%) percent per month; and (ii) the highest rate permitted by Tennessee state law. Graceland shall have a security interest on any Submission in the possession of Graceland or any affiliate thereof to secure Customer's payment obligation hereunder.
- It is our firm policy for Customers not to contact our office for results. ABSOLUTELY no authentication results will be given over the phone, fax or by email.
- For any Submission on behalf of a third party, Customer represents and warrants that such third party has agreed and accepted these Terms and Conditions and has signed a duplicate copy of the Agreement and Terms and Conditions where indicated. Customer agrees to provide that third party signed copy to Graceland at any time upon Graceland's request.
- The parties hereby consent to personal jurisdiction of the courts of the State of Tennessee with respect to any legal action to enforce the Terms and Conditions or otherwise arising under or with respect to these Terms and Conditions, and agree that a state court in Tennessee, County of Shelby, or, if applicable, Federal District Court sitting in the County of Shelby, State of Tennessee, shall be the sole venue, and the State of Tennessee shall be the sole forum, for the bringing of such action. The Parties further agree that the laws of the State of Tennessee shall be solely applied to any disputes arising out of the Terms and Conditions and Agreement.
- The Terms and Conditions and the Agreement, if applicable, constitute the entire agreement of Graceland and Customer (and any third party for whom Customer may be acting) regarding, and supersede all prior agreements and understandings (written or oral) between or among such parties relating to, the subject matter hereof. If it is determined that there are any inconsistencies between these Terms and Conditions and the Agreement, then the Terms and Conditions shall control. If any term or provision of these Terms and Conditions is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other of the terms or provisions of these Terms and Conditions. Customer shall execute and deliver such additional documents and instruments as Graceland may request to better evidence or effectuate the Terms and Conditions contained herein and further agree that Graceland is entitled to rely upon and benefit from those terms and procedures.
- The client information will remain confidential between Graceland Authenticated and the client and will not be released to third parties without consent.