Terms and Conditions of Collector Membership
These Member Terms and Conditions are incorporated into and made a part of the application submitted by an individual (the “Applicant”) for collector membership with the Certified Collectibles Group, LLC ("CCG") and its affiliated companies:
- Numismatic Guaranty Corporation (NGC)
- Numismatic Conservation Services, LLC (NCS)
- Paper Money Guaranty, LLC (PMG)
- Certified Guaranty Company, LLC (CGC)
- Classic Collectible Services, LLC (CCS)
- Authenticated Stamp Guaranty, LLC (ASG)
- Collectibles Authentication Guaranty, LLC (CAG)
These companies are referred to collectively in this document as "CCG Companies" and each as a "CCG Company." By completing and submitting an application, Applicant is agreeing to accept these Terms and Conditions.
Terms and Conditions of Membership
1. Upon acceptance by the Certified Collectibles Group, LLC (“CCG”) of the application, the Applicant is considered a registered customer (a “Member”). Certain membership levels entitle Member to submit coins, paper currency, comics, stamps or other collectibles (“Collectibles”) to the appropriate CCG Company that grades or conserves each such Collectible; however, not all CCG Companies accept Member submissions at all times or in all regions. An Applicant or Member should check the CCG Company’s website applicable to their region prior to applying for membership or submitting to a CCG Company. As a Member, the Applicant agrees to be bound by and comply with CCG and the applicable CCG Company’s procedures and rules as the same may be prescribed by CCG and such CCG Company from time to time.
2. Applicant acknowledges that by completing and signing this application and agreement the Applicant agrees to pay CCG the full amount of the membership fee (if any) through the credit card account listed in the application, and agrees to pay for any membership renewals requested by the Applicant and approved by CCG.
In the event Applicant submits a Collectible to a CCG Company and selects payment by credit card, the Applicant agrees to pay the applicable CCG Company the full amount of the requested grading or conservation fees, service charges, and shipping expenses on such credit card (or such other card as may be provided subsequently) regardless of the final grading opinion provided or service provided.
THE APPLICANT ALSO AGREES THAT IF A DISPUTE ARISES IN REGARD TO THE FEES CHARGED, THE APPLICANT MUST GIVE WRITTEN NOTICE TO THE RELEVANT CCG COMPANY WITHIN 14 DAYS OF RECEIPT OF THE GRADED OR CONSERVED ITEMS; ANY CLAIM NOT MADE WITHIN SUCH 14 DAY PERIOD IS WAIVED BY THE APPLICANT.
The CCG Company reserves the right to post additional charges to the Applicant's account if extra or different services are required. The Applicant hereby agrees that the CCG Company may bill the credit card provided.
3. The Applicant acknowledges that the membership fee (if any) is refundable only if a written request for termination of membership and a refund of membership fees is received by CCG within the first thirty (30) days following acceptance of membership, and that once any service fee obligation is incurred by Applicant (even if paid by offset against an initial credit provided to the Applicant), or such thirty (30) day period has expired, the fee is no longer refundable. The Applicant further agrees not to engage in conduct (acts or omissions) which constitute (i) fraud or deceit, (ii) an illegal conversion of a fellow Member's property, (iii) a violation of federal or state criminal statutes, or (iv) conduct involving moral turpitude, or otherwise which would threaten the reputation of CCG and/or the collecting community (collectively, the “Prohibited Acts”). The Applicant understands that membership shall be subject to immediate termination upon written notice from CCG if the Applicant is the subject of a judicial or quasi-judicial proceeding in which a final judgment, order, or finding shall be issued by a court or tribunal of competent jurisdiction concluding that the Applicant is responsible for any Prohibited Act. The Applicant understands and agrees that membership is further subject to revocation upon thirty (30) days’ written notice if the Applicant fails or refuses to make timely and proper payment of financial obligations to CCG or the relevant CCG Company after requests to cure and correct such fault. In addition, CCG reserves the right in its sole discretion to terminate Membership at any time on written notice should the Applicant engage in behavior that CCG considers abusive or inappropriate with respect to the staff of any CCG Company, or with respect to any other member of the community. Membership may also be terminated for any reason by either party upon thirty (30) days’ written notice to the other party.
4. The Applicant understands and agrees that each CCG Company is a separate business and is responsible solely for the services it provides, and not for the services provided by any other CCG Company. The Applicant acknowledges that the Applicant is financially responsible for Collectibles submitted to a CCG Company (including risk of loss during shipment) pursuant to the terms of the applicable Submission Forms. Payment for all services must accompany each order. Credit cards may be billed immediately from the day of receipt.
5. The Applicant further agrees that all worldwide rights to use, reproduce and distribute images made by CCG or any CCG Company of any Collectibles submitted by the Applicant in any media, including without limitation, print, video, Internet, catalogs or other publications, belong exclusively to CCG or such CCG Company, as applicable. Such rights shall extend to any technology now known or which may hereafter become known. The Applicant agrees that if, as a result of CCG's use of imaged material as set forth herein, any releases, authorizations, consents, payments and/or licenses are required from any third party, then the Applicant shall be fully responsible for any such releases, authorizations, consents, payments and/or licenses and further agrees to hold CCG and all CCG Companies harmless from and against any losses, costs, claims, judgments, damages and expenses arising from the Applicant's breach of the foregoing obligations.
6. The Applicant shall indemnify and hold CCG and each CCG Company, and all of its and their respective employees, officers, directors and agents, harmless from and against all claims, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Applicant’s breach of any representation, warranty, or covenant contained in this Membership Application and Agreement (including these Terms and Conditions), except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of such indemnified party.
IN NO EVENT SHALL CCG OR ANY CCG COMPANY OR ANY OF ITS OR THEIR AFFILIATES, RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS (COLLECTIVELY, THE “CCG PARTIES”) BE LIABLE TO THE APPLICANT 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 IN THE APPLICABLE GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CCG PARTIES TO THE APPLICANT OR ANY THIRD PARTY FOR WHOM THE APPLICANT MAY BE ACTING ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE EXCEED THE FEES PAID OR PAYABLE TO THE CCG PARTIES BY THE APPLICANT. THE APPLICANT'S SOLE REMEDY AND THE CCG PARTIES’ SOLE LIABILITY SHALL BE PURSUANT TO THE APPLICABLE GUARANTEE, IF ANY, OFFERED BY THE CCG COMPANY IN CONNECTION WITH SUCH CCG COMPANY'S SERVICE, AND EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS EACH CCG PARTY HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, REGARDING SUCH CCG COMPANY AND / OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF DEATH, BODY INJURY OR VIOLATION OF A CARDINAL CONTRACT OBLIGATION, THE LIABILITY LIMITATION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY COMPULSORY LOCAL LAW IN THE COUNTRY OF THE APPLICANT.
7. The Applicant understands and agrees that Dealers of any CCG Company may not also be Members, and that membership is limited to one per household.
8. This Membership Application and Agreement, including these Terms and Conditions, together with any applicable Guarantee (NGCcoin.com/Guarantee, NGCcoin.com/Ancients-Guarantee, PMGnotes.com/Guarantee, CGCcomics.com/Guarantee and CAGcertified.com/Guarantee) and any related Submission Forms, constitutes the entire agreement between the Applicant on the one hand, and each relevant CCG Company on the other, and may only be amended or modified by the relevant CCG Company providing 15 days’ written notice to the Applicant; provided that (a) in the event of a conflict between the terms of this Membership Application and Agreement, the applicable Guarantee, and any related Submission Forms, the terms of the applicable Guarantee and the related Submission Forms will control, and (b) in the event of a conflict between the terms of the applicable Guarantee and any related Submission Forms, the terms of the applicable Guarantee will control. The laws of Florida without regard to its conflict of laws principles shall apply to transactions and / or disputes between any CCG Company and any Applicant. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and / or federal courts located in, or serving Sarasota County, Florida; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail. Notwithstanding the foregoing, compulsory local laws may override the choice of law and venue. The Applicant agrees that CCG may assign or delegate any of its rights and/or obligations to any CCG Company.
9. Any invalid or not enforceable provision hereof shall leave any other provision in full force and effect. Should any provision hereof be or become invalid or unenforceable in any given legal relationship, the parties agree to replace such invalid or unenforceable provision by a valid and enforceable counterpart which best reflects and meets the parties’ commercial intentions.
10. Should there be any discrepancy between the English language version of these Terms and Conditions and the version of these Terms and Conditions as translated into another language, the English language version shall prevail, govern and control in all respects.