HERO GRADER, LLC

Terms and Conditions of Services

  1. Hero Grader, LLC (“Hero Grader”) performs Comic Book and Magazine grading services (“Services”). By submitting Comic Books and/or Magazines ("Books") to Hero Grader for Services, you (“Customer”) hereby accept and agree to the following Terms and Conditions (the “T&C’s”). The T&C’s, together with the Submission Form, Service Fee Information, and Frequently Asked Questions, all found on the Hero Grader website, constitute the entire agreement for any transactions arising from the performance of Services. No additional terms, warranties, representations, or understandings made by either party, whether written or oral, shall apply to these transactions.

  2. All Books submitted for Services shall be accompanied by a completed Submission Form. Customer shall prepare the Submission Form and submit Books in accordance with instructions found on the Hero Grader website. Books received without a Submission Form will be returned at Customer’s expense.

  3. Customer represents that Books submitted are in a condition sufficient to withstand grading, imaging, and envelopment without apparent risk of significant damage.

  4. Hero Grader provides an opinion of grade based on the condition of the item as it is received. Hero Grader does not authenticate, verify genuineness, or certify pedigree, nor does it provide appraisals or opinions of value.

  5. Customer affirms it has no knowledge or reason to believe that Books submitted are not genuine. Customer further affirms it is either the owner of the Books or has been directed by the owner to submit on their behalf.

  6. Hero Grader only grades comic books and magazines. Hero Grader does not currently grade records, currency, sports memorabilia, or other collectibles.

  7. Hero Grader will not remove Books from plastic holders, carriers or cases supplied by other grading companies. Customers must remove Books from holders prior to submitting Books for Services. Books submitted while still encased will be returned at Customer’s expense and subject to penalty of fifty (50) percent of the Submission Fee.

  8. Hero Grader further reserves the right to reject submissions that violate company policy. Customers are advised to consult the Frequently Asked Questions section of the Hero Grader website for current policy restrictions. Rejected submissions will be returned at Customer’s expense and are subject to a penalty of twenty-five (25) percent of the Submission Fee. To avoid rejection penalties, Customers are encouraged to contact Hero Grader in advance of submitting fragile or otherwise questionable Books so that grading eligibility can be determined.

  9. Fees will be collected at the time the Submission Form is created. Submission Fees are listed on the Hero Grader website and are subject to change. Submissions must be physically received by Hero Grader within forty-five (45) days of creating a Submission Form before being refunded subject to a twenty-five (25) percent administrative fee. Incomplete submissions will be partially refunded, also subject to a twenty-five (25) percent administrative fee.

  10. Payments made by credit card will be charged on the day the Submission is received. If payment is made by check, Customer acknowledges that Hero Grader will not commence grading until payment has cleared.

  11. Unpaid balances for additional fees incurred will be subject to a penalty of two (2) percent per month of the total Submission Fee outstanding until all fees are paid in full. Customer grants Hero Grader a security interest in Books submitted for grading and acknowledges that Hero Grader may retain Books until all fees are satisfied.

  12. Customer agrees to notify Hero Grader of any changes to Customer’s contact information, including shipping address and billing details. Customer is responsible for storage costs at a rate of $2.00 per Book per month for Books that remain unclaimed for a period of over six (6) months. If Books remain unclaimed for more than twelve (12) months, Customer agrees that Hero Grader may dispose of those Books at Hero Grader’s discretion.

  13. Customer assumes all risk of loss or damage while Books are in transit to and from Hero Grader. Both inbound and outbound shipping method, costs and insurance, if elected, are Customer’s responsibility. Books are not in Hero Grader’s possession until they are received, inspected and accepted by Hero Grader.

  14. Customer affirms that the declared value is made in good faith, and represent Customer’s reasonable approximation of market value. Should Hero Grader disagree with Customer’s representation of value, Hero Grader will adjust as appropriate.

  15. Hero Grader will exercise reasonable care when handling Books submitted for Services. In the event Hero Grader determines a Book was damaged while in its possession, Hero Grader will compensate Customer based upon Hero Grader’s good faith estimate of market value of the Book in the condition received by Hero Grader. In no instance will compensation exceed the Books declared value. This compensation represents Customer’s sole remedy for damages. Accordingly, Customer hereby RELEASES, WAIVES, DISCHARGES and COVENANTS NOT TO SUE Hero Grader, its owners, members, employees, staff, agents, contractors, subcontractors, designees, assignees, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever, arising out of the performance of the Services. In no event shall Hero Grader, or its respective employees, officers, directors, or agents, be liable to Customer or any other party for any indirect, incidental, special, consequential, or exemplary damages. Hero Grader’s liability for damages shall not exceed the compensation awarded pursuant to the T&C’s.

  16. Grading will be performed to standards developed by Hero Grader, its staff, consultants, and advisors; and represents Hero Grader’s best estimation of grade based on its independent, subjective opinion. Hero Grader makes no representation that the grade assigned will be universally accepted by the marketplace, but will make reasonable efforts to conform to industry standard grading scales such as those delineated in The Overstreet Guide to Grading Comics and similar community-wide standards. A general description of each grade can be found on the Hero Grader website.

  17. Hero Grader will attempt to detect modifications such as color touch, trimming, married covers, married pages, replaced staples, tear seals, glue, or other alterations to a Book. Books containing these modifications will receive an “Altered” grade, which represents Hero Grader’s subjective opinion of grade with alterations considered. Abbreviations for alterations, as listed on the Hero Grader website, will be noted on the label and Hero Grader website entry. While Hero Grader will make every effort to detect alterations, it does not guarantee that every alteration will be noted. Customer agrees to disclose any known alterations on the Submission Form.

  18. Hero Grader does not certify or verify signatures. Books containing signatures will be graded on the Altered scale with accompanying note.

  19. Once, graded, Books will be placed in a Mylar sleeve with clear backing board and contain a label affixed to the reverse side indicating the issue name; issue number, year; grade; barcode; QR code; serial number and if applicable, “Altered” scale indication and abbreviated alteration note(s). Mylar sleeves, backing boards, labels and tamper-evident seals are provided at no added cost. Books can be safely removed from the mylar sleeve at Customer’s option but removing the Book will void the grade. Hero Grader is not responsible for any damage done to the Book during the removal process. Books removed from the Hero Grader Mylar sleeve and resubmitted for grading are subject to standard fees and costs in accordance with Hero Grader T&C’s.

  20. Hero Grader will take digital images of each Book submitted for Services. The images are intended to capture the condition of the Book at the time Services were performed. Hero Grader makes no representation as to the completeness, or accuracy of the images. Customer hereby authorizes Hero Grader to take such images and agrees that Hero Grader shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such images for any purpose.

  21. Hero Grader will assign each graded Book a unique serial number and enter the Book into the Hero Grader database accessible through the Hero Grader website. The database will contain the Book's series name, issue number; grade; and other data collected at Hero Grader’s sole discretion. Hero Grader may use that data in its commercial activities. Customer hereby authorizes Hero Grader to collect such data and agrees that Hero Grader shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data for any purpose.

  22. All sales are final. Customer will have ten (10) days from the date of Customer’s receipt to notify Hero Grader of any clerical errors contained on the label. Hero Grader will correct clerical errors at no cost to Customer. Grades, however, represent Hero Grader’s subjective opinion and cannot be disputed.

  23. Hero Grader will not be liable for any failure or delay in performing Services that is due to any of the following causes (which causes are referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, hurricanes, explosion, or generalized lack of availability of raw materials or energy.

  24. EXCEPT FOR THAT WHICH IS CONTAINED IN THESE TERMS AND CONDITIONS, HERO GRADER MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL HERO GRADER, OR ANY OF ITS 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, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL HERO GRADER’S LIABILITY OR THAT OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS TO THE CUSTOMER OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES.

  25. All matters arising out of or relating to the performance of Services, and all claims, causes of action, controversies, or matters in dispute between the Hero Grader and Customer—whether sounding in contract, tort, statute, regulation, or otherwise, and including but not limited to those arising out of transactions surrounding the performance of Services—shall be governed by, construed, interpreted, and enforced in accordance with the substantive and procedural laws of the State of Florida, including its statutes of limitations, without giving effect to any choice of law or conflict of laws rules or provisions, whether of the State of Florida or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than the State of Florida. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and/or federal courts located in, or serving Lee County, Florida; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.