COLLECTOR BOYZ LLC

GRADING SUBMISSION TERMS & CONDITIONS

These Terms and Conditions (the “Agreement”) apply to your engagement with Collector Boyz LLC (“Collector Boyz”), including, but not limited to, your submission of:

The submission form (the “Form”); and
Original copies of trading cards (the “Items”).

By submitting any of the above, otherwise retaining Collector Boyz’s services in submitting the Items for grading by PSA (the “Services”), and/or signing the Agreement, you agree to the following:

Your Representations and Warranties
1. In making your submission to Collector Boyz, you represent and warrant as follows:
  1. You are either the owner of the Items or you have been authorized by the owner of the Items to make your submission.
  2. The Items, while in the possession of Collector Boyz or PSA, will be kept free of all liens, claims, and encumbrances of others, including, but not limited to, claims of governmental agencies.
  3. There are no pending or threatened legal proceedings that directly, or indirectly, concern the Items.
  4. The Items are authentic and have not been trimmed, recolored, restored, or otherwise tampered with in any form.
  5. The Items are not connected with the proceeds of crime (including proceeds from tax evasion) or result from tax fraud.
2. Your representations and warranties will survive completion of the transactions contemplated by this Agreement.
Packaging and Shipment of the Items
1. You are responsible for maintaining records of documents and other materials related to the transactions contemplated by this Agreement, by taking pictures of all Items you are submitting and making and keeping in your records a copy of your Form. Collector Boyz shall not be responsible for providing copies of your Items or Form once you turn them in.
2. You are responsible for the shipment, including insurance, of your Items to Collector Boyz, and you bear the risk of loss or damage to the Items until Collector Boyz has acknowledged to you in writing its receipt of the Items.
3. Collector Boyz is responsible for the shipment, including insurance, of your Items to PSA unless you decide not to submit the Items for grading by PSA at the prescreening consultation.
4. Collector Boyz is responsible for the shipment, including insurance, of your Items back to you in the following situations:
  1. You decide not to submit the Items for grading by PSA;
  2. Collector Boyz receives the Items (graded or ungraded) from PSA; and
  3. Any situations in which Collector Boyz is responsible for the shipment of your Items to you contemplated by Collector Boyz’s Consignment Terms and Conditions if your Items are remaining with Collector Boyz for sale.
5. For the avoidance of doubt, Collector Boyz is NOT responsible for any shipment or insurance in the following situations:
  1. You shipped any cards or other items to Collector Boyz or otherwise left any items with Collector Boyz without having signed a valid contract with Collector Boyz regarding the items; and
  2. Any other situations in which Collector Boyz is NOT responsible for the shipment of your items to you contemplated by Collector Boyz’s Consignment Terms and Conditions.
6. Collector Boyz has the sole and absolute discretion to dispose of any items (e.g., by selling them and keeping the proceeds, discarding them, or disregarding them) shipped to Collector Boyz without a prior valid contract.
Payment for Grading of the Items
1. Charges for the Services shall be:
  1. Ten-dollar ($10) handling fee per submission (“Handling Fee”), which includes prescreening consultation and shipping from Collector Boyz to PSA and to you (if any as per Section 2);
  2. Five-dollar ($5) submission fee per Item (“Submission Fee”); and
  3. Grading fee set by PSA, which may include upcharges at PSA’s sole discretion.
2. The Handling Fee and Submission Fee are due to Collector Boyz at the time of submission. At the prescreening consultation, Collector Boyz will review your Form with you and recommend whether you should submit your Items for grading, and if so, any suggested changes to your chosen overall turnaround time, the service level (which includes declared value and PSA’s estimated turnaround time), and the maximum potential upcharges you are willing to pay (“Upcharge Cap”). If any of the information in the Form needs to be updated based on this prescreening consultation, you shall sign an updated Form that supersedes the existing one.
3. If and only if you decide not to submit the Items to PSA for grading immediately after the prescreening consultation, Collector Boyz shall refund you the Submission Fee. Otherwise, the estimated PSA grading fee based on the agreed-upon service level is due at the end of the prescreening consultation.
4. If the actual PSA grading fee is lower than the estimated PSA grading fee, Collector Boyz shall refund you the difference within thirty (30) days of PSA’s confirmation of the actual grading fee.
5. If the actual PSA grading fee is higher than the estimated PSA grading fee (including if PSA decides to upcharge):
  1. If the difference is within the agreed-upon Upcharge Cap, Collector Boyz will pay for the difference on behalf of you, proceed with PSA’s grading services, and issue you a new invoice. Payment of the new invoice is due within seven (7) days of the date of the invoice. If Collector Boyz has not received payment by the date on which it is due, you authorize Collector Boyz to list the Items for sale and deduct from the proceeds of such sale the amounts that are due Collector Boyz. Any amount that is remaining following the deduction of all outstanding charges will be remitted to you.
  2. If the difference exceeds the Upcharge Cap, Collector Boyz will issue you a new invoice. You will have 72 hours to pay the new invoice if you would like to proceed with PSA’s grading services. If Collector Boyz does not hear from you or receive your payment within 72 hours, Collector Boyz will assume you would like to withdraw from the process and will ship your Items back to you once Collector Boyz receives the Items from PSA. Neither Handling Fee nor Submission Fee will be refunded, but Collector Boyz shall refund you the estimated PSA grading fee.
6. If you agree to consign all of the Items to Collector Boyz and Collector Boyz agrees to sell all of the Items on your behalf, you only need to pay the Handling Fee once (i.e., you do not need to pay the Handling Fee for both grading submission and consignment). This term does not apply if only some, but not all, of the Items are consigned.
Grading of the Items
1. Collector Boyz will submit all Items to PSA for grading at the agreed-upon service level reflected in the Form, as detailed in Section 3(b). Collector Boyz will submit the Items at the maximum declared value unless you request otherwise.
2. At PSA’s sole discretion, you may receive upcharges based on an Item’s expected value and grade received. Payment and procedures for such upcharges are detailed in Section 3.
3. The grading of the Items is a subjective process that requires PSA to exercise its professional judgment. Collector Boyz makes no representations or warranties with respect to the grade assigned by PSA to an Item and shall have no responsibility relating to the grade that is assigned to an Item. To the extent that you have a dispute with PSA relating to the grading of an Item, you must resolve that dispute directly with PSA in accordance with the Grading Terms and Conditions published on PSA’s website, as they may be updated by PSA from time to time (“PSA Grading Terms”) and attached here as Exhibit 1.
4. By entering into this Agreement, you agree and accept the PSA Grading Terms.
Collector Boyz’s Ownership of Data and Images
1. Collector Boyz shall have the right (not obligation) to (i) compile data regarding each Item, including, but not limited to, data relating to the identity, production, condition, authenticity, and grade of the Item (“Data”), and (ii) take one or more digital or other types of photographs, images, or reproductions of each such Item (collectively, “Images”). Collector Boyz shall be the owner of such Data and Images and Collector Boyz may use and exploit such Data and Images for commercial and any other purposes, as Collector Boyz at its sole discretion deems appropriate, including, but not limited to, the publication or reproduction in or on any media, of such Data and Images.
Liability and Indemnification
1. Collector Boyz will endeavor to submit and turn around Items according to the agreed-upon overall turnaround time in Section 3(b). However, Collector Boyz shall have no liability to you for incidental or consequential damages due to PSA’s failure to grade any Items within any time frame.
2. Collector Boyz will exercise reasonable care in handling the Items. If Collector Boyz determines that an Item was lost or damaged while in Collector Boyz’s custody or control, Collector Boyz will compensate you for any loss based on Collector Boyz’s determination, at its sole discretion, of the reasonable amount of such loss. If an Item is lost or damaged while in the possession of PSA, your sole recourse shall be against PSA in accordance with the PSA Grading Terms.
3. You must inspect all Items immediately upon receipt. Collector Boyz disclaims any liability for damage, discrepancies, or errors, including, but not limited to, errors in the description of any Item unless you report them to Collector Boyz within five (5) days of your receipt of the Item. You agree to return any incorrectly described Item to Collector Boyz upon request for correction and agree to indemnify and hold Collector Boyz harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
4. Collector Boyz shall have no liability to you for any damage to any Item that Collector Boyz can reasonably demonstrate occurred while the Item was not in the custody or control of Collector Boyz including, but not limited to, loss or damage to Items while being shipped to Collector Boyz. However, if Collector Boyz determines at its sole discretion that the Item was lost or damaged while in Collector Boyz’s possession, you will be compensated based upon the fair market value of the Item as determined by Collector Boyz’s standard procedures which may include filing a claim with Collector Boyz’s insurance carrier. The declared value in the Form is used for determining insurance cost of the return shipment and the maximum amount that can be claimed for damage or loss in shipment for any Item. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM.
5. You agree to indemnify, defend, and hold Collector Boyz harmless from and against any and all claims, actions, damages, losses, liabilities, and expenses (including attorney’s fees) relating to or arising out of any breach by you or alleged breach by you (whether alleged by a third party or by Collector Boyz) of this Agreement.
6. Except as expressly set forth herein to the contrary, COLLECTOR BOYZ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING COLLECTOR BOYZ’S SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. THE MAXIMUM AGGREGATE LIABILITY THAT COLLECTOR BOYZ SHALL HAVE TO YOU, OR ANY THIRD PARTY FOR WHOM YOU ARE ACTING, ARISING FROM ANY ACT, OMISSION, OR OTHER CIRCUMSTANCE, WITH THE EXCEPTION OF lost or damaged items while in Collector Boyz’s possession, WHICH ARE ADDRESSED IN SECTION 6(D) ABOVE, SHALL IN NO EVENT EXCEED THE FEES DUE TO COLLECTOR BOYZ IN CONNECTION WITH YOUR SUBMISSION. IN NO EVENT SHALL COLLECTOR BOYZ OR ANY OF ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Resolving Disputes
1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts.
2. Collector Boyz hopes to never have any disputes with you but, if a dispute occurs, Collector Boyz will first try to resolve it amicably (at its sole discretion). If the dispute is not resolved, this Section 7 contains important terms governing the dispute.
3. The parties mutually agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement (“Claims”) shall be submitted to JAMS, or its successor, for individual, final and binding arbitration in the Commonwealth of Massachusetts pursuant to JAMS Streamlined Arbitration Rules and Procedures. This Agreement and any non-contractual obligations arising from or in connection with it shall in all respects be construed and take effect in accordance with the substantive law of Massachusetts to the exclusion of the United Nations Convention for the International Sale of Goods. The Federal Arbitration Act governs application and interpretation of this arbitration provision and any question as to the breach, termination, enforcement, interpretation or validity thereof, shall be determined by arbitration. In the event of a dispute arising out of this Agreement, you consent to accept service of any process via electronic email to the email address that you provided in the Form; for the avoidance of doubt, you explicitly waive any requirement for or rights to foreign service of process under the Hague Service Convention or other applicable law or treaty and expressly acknowledge that the parties’ mutual agreement to arbitrate means limits on pre-hearing discovery and a waiver of a right to a jury trial as well as a waiver of the right to participate in any class-wide lawsuits, class-wide arbitrations, private attorney general actions, any action combining individual proceedings without the consent of all parties, and any other proceeding where someone acts in a representative capacity. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney’s fees of the prevailing party, to the non-prevailing party.
Entire Agreement; Severability; Waiver
1. The terms and provisions in this Agreement and the most up-to-date Form constitute the entire agreement of Collector Boyz and you (and any third party for whom you may be acting) regarding, and supersede all prior agreements and understandings (written or oral) between or among such parties relating to, the Services.
2. If any term or provision of this Agreement is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other terms or provisions of this Agreement.
3. No failure or delay by Collector Boyz to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Exhibit 1

PSA Grading Terms and Conditions

As part of making a submission to PSA, PSA Customers must read and affirmatively agree to the following PSA Grading Terms and Conditions (the “Agreement”) in order to advance through and complete their order as part of the online submission process. PSA Customers agree to abide by this Agreement and further agree that PSA is entitled to rely upon and benefit from this Agreement, as part of the PSA submission process.

PSA will endeavor to grade items within the time frame, if any, offered as part of a PSA grading service. However, PSA will have no liability whatsoever to Customer for incidental or consequential damages due to PSA’s failure to grade any items within any time frame. All days are business days.
PSA will not grade items which bear evidence of trimming, recoloring, restoration or any other form of tampering, or are of questionable authenticity, and Customer agrees not to knowingly submit any such items. Customer agrees that in the event PSA rejects any items for grading, PSA shall not refund the amount paid by Customer because the determination to reject an item requires a review by PSA’s graders and authenticators. Customer represents and warrants that he/she has no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not genuine. For purposes of this Agreement, “altered items” shall have the meaning set forth in the applicable Dealer Agreement or PSA Collectors Club Agreement by and between Customer and PSA (the “Customer Agreement”). If Customer has not entered into the Customer Agreement, Customer hereby agrees to be bound by the terms of the Customer Agreement, a copy of which can be found at PSAcard.com/join, and Customer’s acceptance of this Agreement shall constitute Customer’s signature on the Customer Agreement. Customer reaffirms its obligations with respect to Doctored items set forth in the Customer Agreement.
Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, PSA makes no warranty or representation and shall have no liability whatsoever to Customer for the grade assigned by PSA to any item, except pursuant to PSA’s Financial Guarantee of Grade and Authenticity. Amount paid to PSA is NON-REFUNDABLE once the item begins the authentication and/or grading process.
An autographed item submitted under the PSA item grading and autograph authentication combination service must pass both autograph authentication and item grading authentication in order to be encapsulated. For example, an item that is deemed altered in any way will not be encapsulated even though the autograph may be genuine. In addition, if the item is deemed original and unaltered yet the autograph does not pass inspection, then the item may not be encapsulated. There may be very rare exceptions to the rule on a case-by-case basis (in cases where the autograph and item are deemed authentic but the item has been altered in some fashion). In a rare case where an authentic item has been altered, PSA may choose to label the item “Authentic” since the item cannot have a grade assigned. The final determination as to whether an item is encapsulated under these conditions is at PSA’s sole discretion. Amount paid to PSA is NONREFUNDABLE once the item begins the authentication and/or grading process.
PSA will exercise reasonable care in handling items submitted for grading, review, or reholdering. However, if PSA determines that Customer’s item was lost or damaged (certain situations excluded) while in PSA’s possession, Customer will be compensated based upon the fair market value of the item as determined by PSA standard procedures, which may include filing a claim with our insurance carrier. Notwithstanding the foregoing, due to the fragile or delicate nature of some items inherent in their manufacture, PSA reserves the right to exclude such items from this section because they may become damaged without any mishandling on PSA’s part. By agreeing to these terms, Customer hereby releases PSA of any liability if Customer elects to submit such naturally fragile or delicate items for authentication and grading. The declared value you provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be Customer’s exclusive remedy for any loss or damage. PSA reserves the right to decline your Declared Value and to require you to pay for the accurate Service Level as a condition of completing the authentication and grading process. For more information regarding Declared Value, refer to the FAQ on PSA’s website at https://www.psacard.com/resources/faq#104. If Customer’s submission is not in conformity with this Agreement or PSA’s submission guidelines, PSA reserves the right to process the submission and correct any non-conformity without notice to Customer. (See https://www.psacard.com/submissions/ for additional information.)
Customer must inspect all items immediately upon receipt and PSA disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to PSA within five (5) days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to PSA upon request for correction and agrees to indemnify and hold PSA harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items
Customer agrees (a) to pay to PSA all pricing and other charges when due; (b) that any delinquent balances shall accrue interest at the rate of 10% per year until paid (or, if less, the maximum interest rate permitted by applicable law); and (c) that PSA shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of PSA or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to PSA an assignment of and lien against the Property in the amount of any pricing and other charges due and payable pursuant to the terms of this Agreement. Customer hereby authorizes PSA to file, at any time on or after the date such pricing totals and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as PSA deems necessary in connection with the perfection of a security interest in the Property.
PSA shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, resulting from the breaking open of a PSA item holder, or for any damage to any item that PSA can reasonably demonstrate occurred while the item was not in the custody or control of PSA including, but not limited to, loss or damage to items while being shipped to PSA, or while being shipped by PSA to Customer by a method selected and paid for by Customer.
Except as expressly set forth herein to the contrary, PSA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING PSA’S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding anything to the contrary contained herein, except with respect to the remedies under the PSA Financial Guarantee of Grade and Authenticity set forth at PSACard.com (the “Guarantee”), THE MAXIMUM AGGREGATE LIABILITY THAT PSA 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 GRADING CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY PSA WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL PSA OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the ordinary course of its grading operations, PSA (i) compiles data regarding each item submitted for grading, including, but not limited to, data relating to the identity, production, condition and grade of the item (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the grading services being provided by PSA, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes PSA (i) to compile and maintain such Data with respect to each item submitted hereunder for grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that PSA will be the owner of such Data and all such Images and that PSA may use and exploit such Data and the Images for commercial and any other purposes, as PSA 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 this agreement, unconditionally and irrevocably transfers, conveys and assigns to PSA 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).
If any items are being submitted for a third party, Customer represents and warrants that such third party has agreed and accepted this Agreement and has signed a duplicate copy hereof. Customer agrees to provide that third party signed copy to PSA at any time upon its request.
This Agreement is delivered and accepted in the State of California and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that State, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the State of California with respect to any legal action to enforce the terms and conditions of this Agreement or otherwise arising under or with respect to this Agreement, and agree that the Superior Court of California, County of Orange, or, if applicable, federal District Court sitting in the County of Orange, State of California, shall be the sole venue, and the State of California shall be the sole forum, for the bringing of such action. Each of Customer and PSA agrees that the prevailing party shall be entitled to an award of its reasonable attorney’s fees, costs and expenses.
The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of PSA 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 this Agreement and the Customer Agreement, then this Agreement shall control. If any term or provision of this Agreement is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other terms or provisions of this agreement. Each party shall execute and deliver such additional documents and instruments as any other party may request to better evidence or effectuate the agreements contained herein, including the assignment of rights set forth in Section 11, and procedures, and further agree that PSA is entitled to rely upon and benefit from those terms and procedures.

Last Updated: March 13, 2023

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