Terms of Service

General

As part of making a submission to the Mobile Authentication Network and/or purchasing an existing autographed product from Mobile Authentication Network customers must read and affirmatively agree to the following Mobile Authentication Network Terms and Conditions (the “Agreement”) in order to advance through and complete their order as part of the direct sale from company representative to person (the buyer or end user) and/or online submission process. Mobile Authentication Network Customers agree to abide by this Agreement and further agree that the Mobile Authentication Network is entitled to rely upon and benefit from this Agreement, as part of the Mobile Authentication Network submission and/or buyer purchasing process.

Mobile Authentication Network Customers may submit any sports card for grading or collectible that bares an original autograph by walking in one of our locations or through the use of the United States Postal system, Federal Express, or United Parcel Service (UPS) and is bound by this agreement. All Customers of the Mobile Authentication Network must read and affirmatively agree to the following Mobile Authentication Network Terms and Conditions (the “Agreement”) in order to advance through and complete their order as part of the offline submission process.

1. Mobile Authentication Network will endeavor to grade and encapsulate items within a reasonable time frame. Typically (14) days as offered as part of a Mobile Authentication Network grading service. However, Mobile Authentication Network will have no liability whatsoever to Customer for incidental or consequential damages due to Mobile Authentication Network's failure to grade any items within any time frame. All days are business days. Mobile Authentication Network assumes liability to the item if damaged while in physical possession of the item. Liability will be determined by fair market value of the item in raw ungraded condition and the average sale of the specific item within the last (90) day period of time. 
2. Mobile Authentication Network will not grade or authenticate 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 including non-sports related autographed items. Customer agrees that in the event Mobile Authentication Network rejects any items for grading or autograph authentication, Mobile Authentication Network shall not refund the amount paid by Customer because the determination to reject an item requires a review by Mobile Authentication Network 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 or autograph authentication has been altered in any way or is not genuine. If the Customer has not entered into the Customer Agreement, Customer hereby agrees to be bound by the terms of the Terms and Conditions set forth on the Mobile Authentication Network website, a copy to view and read can be found at the Terms and Conditions tab. A hyperlink that will bridge the customer over to view all Terms and Conditions, and Customer's acceptance of this Agreement shall constitute Customer's signature on the submission form, any and all paid invoices that reflect a Mobile Authentication Network Certificate of Authenticity that was provided with the item purchased and/or submitted for Authentication online or offline. This will include online purchases via the PayPal payment portal. You are additionally bound by PayPal's Terms and Conditions with respect to any financial disputes and obtaining a refund based on the amount of time (Days) that has gone by from the payment of an invoice from the Mobile Authentication Network.
3. Grading and autograph authentication involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, the Mobile Authentication Network makes no warranty or representation and shall have no liability whatsoever to Customer for the autograph authentication and/or the grade assigned by the Mobile Authentication Network to any item. Amount paid to the Mobile Authentication network is NON-REFUNDABLE once the item begins the authentication and/or grading process.
4. An autographed item submitted under the Mobile Authentication Network 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, Mobile Authentication Network 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 Mobile Authentication Network’s sole discretion. Amount paid to the Mobile Authentication Network is NONREFUNDABLE once the item begins the authentication and/or grading process.
5. Mobile Authentication Network will exercise reasonable care in handling items submitted for autograph authentication, grading, review, or reholdering. However, if Mobile Authentication Network determines that Customer's item was lost or damaged (certain situations excluded) while in Mobile Authentication Network's possession, Customer will be compensated based upon the fair market value of the item as determined by Mobile Authentication Network standard procedures. Notwithstanding the foregoing, due to the fragile or delicate nature of some items inherent in their manufacture, Mobile Authentication Network reserves the right to exclude such items from this section because they may become damaged without any mishandling on Mobile Authentication Network's part. By agreeing to these terms, Customer hereby releases the Mobile Authentication Network of any liability if Customer elects to submit such naturally fragile or delicate items for autograph authentication and grading and encapsulating. The declared value you provided with this submission is for estimating the liability 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 ON THE OFFLINE SUBMISSION FORM.IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED PAID VALUE OF THE ITEM ON ANY EXTERNAL COMPANIES INVOICE OR FORM. Example: A customer can purchase an authenticated item directly from the Mobile Authentication Network and/or a company representative and the sale price of the item on the invoice (examples including but not limited to Shopify, PayPal, Zelle, CashApp invoices) will determine the maximum amount of liability paid per item on the invoice. If there was an external company fee to purchase an item, that amount will be deducted from the refund on a per item basis.If the item in question is not returned within a reasonable amount of time.Such compensation shall be Customer's exclusive remedy for any loss or damage, and is subject to Customer irrevocably releasing and discharging the Mobile Authentication Network, it’s employees and its affiliates from any liability for loss or damage to the item whatsoever, regardless of Mobile Authentication Network’s actions or omissions including but not limited to autograph authentication. Customer must sign Mobile Authentication Network’s standard Hold Harmless Agreement as a condition of payment. Mobile Authentication Network reserves the right to decline your Declared Case and to require you to pay for the accurate Service Level as a condition of completing the autograph authentication and grading process. If Customer's submission is not in conformity with this Agreement or Mobile Authentication Network's submission guidelines, Mobile Authentication Network reserves the right to process the submission and correct any non-conformity without notice to Customer.
6. Customer must inspect all items immediately upon receipt and Mobile Authentication disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to the Mobile Authentication Network within five (180) days of Customer's receipt of the item(s). Customer agrees to return any incorrectly described item within 180 days from the paid invoice to the Mobile Authentication Network upon request for correction and agrees to indemnify and hold Mobile Authentication Network and its employee(s) harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
7. Customer agrees (a) to pay to Mobile Authentication Network 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 Mobile Authentication Network shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of Mobile Authentication Network or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to Mobile Authentication Network 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 Mobile Authentication Network 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 Mobile Authentication Network deems necessary in connection with the perfection of a security interest in the Property.
8. Customer represents and warrants that Customer is the cardholder or authorized user of the payment method(s) Customer provides, and Customer authorizes Mobile Authentication Network to (a) use the payment method for the Final Amount Due (see below) in connection with Customer’s order and (b) Mobile Authentication Network will not store and use the payment method and certain related information for future orders and charges in connection with the autograph authentication and grading services provided by Mobile Authentication Network. Customer further authorizes Mobile Authentication Network to charge the payment method for any additional service Customer may select during the Mobile Authentication Network Online and/or Offline Submission process or otherwise via the Mobile Authentication Network website. Customer further acknowledges and agrees that Mobile Authentication Network may request an authorization when Customer provides a payment method to Mobile Authentication Network in connection with any service to ensure that the payment method is valid and that Customer has sufficient funds to complete the transaction. Customer understands that Customer’s card issuer may hold the authorized amount for a period of time as determined by such card issuer. The “Final Amount Due” is equal to the price of the Service Level Customer selects multiplied by the number of items in the order, adjusted to account for the Service Level price applicable to any item for which the Mobile Authentication Network determines its value to exceed the maximum Declared Value for the selected Service Level. Accordingly, if after grading and processing the submitted items, Mobile Authentication Network determines that the value of any item exceeds the maximum Declared Value allowed for the Service Level selected, the Final Amount Due will reflect the higher cost of the Service Level appropriate for all such item(s). All charges will be made in U.S. dollars. Customer agrees that the authorization provided by Customer for Mobile Authentication Network to store and use the payment method and related information for future orders and charges will remain in effect until canceled by Customer. Customer may cancel such authorization by contacting Mobile Authentication Network at [email protected]
9. Mobile Authentication Network 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 Mobile Authentication Network item holder, or for any damage to any item that Mobile Authentication Network can reasonably demonstrate occurred while the item was not in the custody or control of Mobile Authentication Network including, but not limited to, loss or damage to items while being shipped to Mobile Authentication Network, or while being shipped by Mobile Authentication Network to Customer by a method selected and paid for by Customer.
10. Except as expressly set forth herein to the contrary, MOBILE AUTHENTICATION NETWORK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING MOBILE AUTHENTICATION NETWORK'S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Notwithstanding anything to the contrary contained herein, except with respect to the remedies under the Mobile Authentication Network Financial Guarantee of Grade and Authenticity set forth within these Terms and Conditions (the “Guarantee”), THE MAXIMUM AGGREGATE LIABILITY THAT MOBILE AUTHENTICATION NETWORK 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  CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE SERVICES RENDERED BY THE MOBILE AUTHENTICATION NETWORK WITH RESPECT TO THE ITEMS SUBMITTED OR BY DIRECT PURCHASE FOR GRADING AND/OR AUTOGRAPH AUTHENTICATION HEREUNDER. IN NO EVENT SHALL MOBILE AUTHENTICATION NETWORK OR ANY OF ITS AFFILIATES, OR ANY 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.
12. In the ordinary course of its grading operations, Mobile Authentication Network (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 Mobile Authentication Network, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes Mobile Authentication Network (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 Mobile Authentication Network will be the owner of such Data and all such Images and that Mobile Authentication Network may use and exploit such Data and the Images for commercial and any other purposes, as Mobile Authentication Network 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 Mobile Authentication Network 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).
13. 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 Mobile authentication Network at any time upon its request.
14. This Agreement is delivered and accepted in the State of Florida 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 Florida 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 Florida, County of Hamilton, or, if applicable, federal District Court sitting in the County of Hamilton, State of Florida, shall be the sole venue, and the State of Florida shall be the sole forum, for the bringing of such action. Each of Customer and Mobile Authentication Network agrees that the prevailing party shall be entitled to an award of its reasonable attorney's fees, costs and expenses.
15. The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of the Mobile Authentication Network 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 12, and procedures, and further agree that the Mobile Authentication Network is entitled to rely upon and benefit from those terms and procedures.