Agreement between User and managrading.com
Welcome to managrading.com. The managrading.com website (the “Site”) is comprised of various web pages operated by Mana Grading & Collectibles, LLC. managrading.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of managrading.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
managrading.com is an E-Commerce Site.
Grading and authentication of collectables such as trading card games.
Electronic Communications
Visiting managrading.com or sending emails to Mana Grading & Collectibles, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mana Grading & Collectibles, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Mana Grading & Collectibles, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Mana Grading & Collectibles, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use managrading.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
managrading.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mana Grading & Collectibles, LLC and Mana Grading & Collectibles, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mana Grading & Collectibles, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mana Grading & Collectibles, LLC of the site or any
association with its operators.
Certain services made available via managrading.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the managrading.com domain, you hereby acknowledge and consent that Mana Grading & Collectibles, LLC may share such information and data with any third party with whom Mana Grading & Collectibles, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of managrading.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use managrading.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mana Grading & Collectibles, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mana Grading & Collectibles, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mana Grading & Collectibles, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mana Grading & Collectibles, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mana Grading & Collectibles, LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Mana Grading & Collectibles, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mana Grading & Collectibles, LLC Content accessed through managrading.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mana Grading & Collectibles, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mana Grading & Collectibles, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mana Grading & Collectibles, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mana Grading & Collectibles, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MANA GRADING & COLLECTIBLES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MANA GRADING & COLLECTIBLES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MANA GRADING & COLLECTIBLES, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANA GRADING & COLLECTIBLES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MANA GRADING & COLLECTIBLES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Mana Grading & Collectibles, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of
Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mana Grading & Collectibles, LLC as a result of this agreement or use of the Site. Mana Grading & Collectibles, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mana Grading & Collectibles, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mana Grading & Collectibles, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mana Grading & Collectibles, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mana Grading & Collectibles, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Turnaround Time Disclaimer:
Mana Grading & Collectibles, LLC offers grading services across various tiers, including Standard, No-AI, and Economy. The estimated turnaround times provided for these service tiers are based on current operational capacities and historical data. These estimates are intended for general guidance only and are not guaranteed. Turnaround times are subject to change based on demand, operational capacities, and other factors beyond our control. Mana Grading & Collectibles, LLC reserves the right to adjust these times as necessary without prior notice. By submitting your cards for grading, you acknowledge and agree that the turnaround times may vary and are not binding on Mana Grading & Collectibles, LLC.
Submission Terms for Card Grading Services
In addition to the general terms of use and service conditions outlined in our agreement, the following submission terms apply specifically to the grading and authentication services offered by Mana Grading & Collectibles, LLC for trading card games and collectibles:
Card Size and Acceptance Conditions:
Mana Grading & Collectibles, LLC accepts standard-sized trading card game (TCG) cards for grading. This includes cards from popular games such as Pokémon, Yu-Gi-Oh!, Magic: The Gathering, and similar TCGs.
Oversized cards are currently not accepted for grading services. If you have questions about card size eligibility, please contact our customer support for assistance. Any oversized cards that are submitted will be given a grade, but not encapsulated.
Submission and Labeling Instructions:
When submitting cards for grading, ensure that your shipment is correctly labeled and addressed to Mana Grading & Collectibles, LLC. The precise address and further shipping instructions will be provided upon completion of your checkout process.
Each order must include the submitter’s name, email address, and phone number. Failure to include this information may result in delays in processing your order. Mana Grading & Collectibles, LLC cannot be held responsible for delays caused by incomplete submission information, and the delay rebate discount will not apply in such cases.
Handling of Altered, Fake, or Tampered Cards:
Cards that are found to be altered, fake, or tampered with will still be processed and encapsulated but will be graded as non-authentic or altered. The full price for grading services will apply to these cards.
Cancellation and Return Policy:
Orders may be cancelled if they have not yet been shipped. Please contact Mana Grading & Collectibles, LLC to cancel an order. If the cards have already been received by Mana Grading, a cancellation fee of $2 per card plus return shipping costs will be charged.
Mana Grading & Collectibles, LLC is not responsible for shipping delays once the cards have been dispatched. Delays that occur after shipping are beyond our control.
Condition and Handling of Cards:
During the encapsulation process, cases may exhibit frosting, white areas, or light damage due to the sonic welding technique. By submitting your cards for grading, you acknowledge and agree that such conditions are normal and acceptable.
Drop-Off and collection:
Drop-off and pickup of cards are available by appointment only. It is the submitter’s responsibility to ensure that cards are submitted in their current condition. Mana Grading & Collectibles, LLC cannot be held liable for any damage that occurs in transit or during the handover process.
By submitting your order for grading services, you agree to these terms and conditions in full, in addition to the general terms outlined in our agreement. Our services are conducted in accordance with the laws of The United States of America and the state of California.
Changes to Terms
Mana Grading & Collectibles, LLC reserves the right, in its sole discretion, to change the Terms under which managrading.com is offered. The most current version of the Terms will supersede all previous versions. Mana Grading & Collectibles, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Mana Grading & Collectibles, LLC welcomes your questions or comments regarding the Terms:
Mana Grading & Collectibles
2662 S Grand Ave
Santa Ana, CA 92705
USA
Email Address:
support@managrading.com
Effective as of April 16, 2021
