These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and/as described in/on a submission form (“Submission Form”):
1. You are submitting collectable(s) for certification/authentication by Lakeside Group LLC d/b/a Shuler Authentication Services (SAS). Customer gives the company and its representative’s permission to fully examine the particular item(s) for genuineness based on the description provided on the submission form.
2. Company has the right, in its sole discretion, to reject any collectibles submitted for Services in cases where the submitted collectibles do not comply with a Company’s then-current standards, methodologies and procedures set forth. Prior to rejection, all collectibles will have been received, tracked and examined Due to this, all fees for Services shall not be refunded under any circumstances.
3. The customer understands, and agrees, that the company provides an Opinion as to the genuineness of the item(s) after the examination of said item(s) is/has concluded. The Opinion rendered is final and the item(s) examined will be given a certification as provided by the company if deemed genuine. The customer agrees to accept the determination of genuineness or non-genuineness made by the company.
4. In addition to the particular service(s) customer requested for submitted collectables, the company reserves the right to convert any submission to its appearance review service, or correct any clerical errors on the company’s certification.
5. In the event a collectible submitted by Customer is determined, at any time, to be not genuine or to have been Tampered with, Customer shall provide reasonable cooperation to Company and to any subsequent owner of such collectible. This may include the reversal of any sales transaction involving Customer and such subsequent owner or intermediate purchaser or transferee.
6. Customer represents and warrants that to the best of their knowledge and belief that any collectible submitted is not genuine or contains any non-disclosed alterations or restorations, including- but not limited to-trimming, re-coloring, bleaching, power erasing, re-backing, artificially toning, applying or removing punches or stamps, or any other method used to change or enhance the appearance, condition, or content of a collectible (collectively “Tampering” or “Tampered”). Customer acknowledges that Tampering is wrongful and is in violation of this Section shall entitle Company to compensatory damages and injunctive relief, as appropriate.
7. By completing the submission form, the customer represents and warrants that it has no knowledge or belief that any collectable submitted by them is not genuine or contains any non-disclosed alterations or restorations, tampering or tampered, and that the submission is in good faith. The customer acknowledges that any tampering or untruthfulness in the submission is wrongful and violates this agreement and shall entitle the company to compensatory damages and injunctive relief, as appropriate.
8. Customer agrees to pay all fees related to collectables submitted for examination. Service of collectable(s) commences upon the company’s receipt of the submission from customer and in order of receipt. Once company takes receipt of collectable, the service requested cannot be changed or cancelled by customer until initially agreed service is concluded.
9. The Customers understand, and agrees, that the Opinion given by the Company is final and no third party challenges will be considered.
10. Customer submission(s) that contains more than one signature, the entirety of the items signature contents will be examined and charged according to our policy. A multi-signed item that contains any signature determined to be fraudulent will cause the entirety of the items signatures to be considered NOT genuine. NO EXECPTIONS.
11. Company maintains a list of current terms and conditions applicable to particular submission types and Services on its website. Customer agrees to any such applicable terms and conditions. Important Note: The Services provided by SAS (e.g., authentication of un-witnessed signatures) are not guaranteed.
12. HOLDERS FOR COLLECTIBLES ARE DESIGNED TO BE TAMPER- EVIDENT AND EXTREMELY DIFFICULT FROM WHICH TO REMOVE A COLLECTIBLE. DUE TO THE INHERENT RISKS INVOLVED IN REMOVING COLLECTIBLES FROM HOLDERS, IN THE EVENT THE SERVICES INVOLVE REMOVING A COLLECTIBLE FROM ITS HOLDER, CUSTOMER AGREES TO HOLD HARMLESS AND INDEMNIFY,RELEASE, WAIVE, AND DISCHARGE THE COMPANY, THEIR DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (“RELEASEES”) FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, DEBTS, DEMANDS, DAMAGES, OR LIABILITES- WHICH MAY ARSIE AS A RESULT OF THIS AGREEMENT.
13. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, EACH COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH COMPANY AND / OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL A COMPANY 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, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH OF THE COMPANIES, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE 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 ORDERED PURSUANT TO THIS ORDER FORM.
14. Customer must immediately inspect all collectibles upon receipt from a Company. Company shall have no liability for any damage unless reported to Company immediately after inspection and proof that the damage occurred while in Company’s possession
15. The laws of the State of Oklahoma, without regard to its choice-of-law principles, shall apply to transactions and/or disputes between a Company and Customer. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and/or federal courts located in, or serving Choctaw County, Oklahoma; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.
16. Company compiles data regarding, and make digital images of, collectibles submitted for Services. In partial consideration for the performance of Services pursuant to the Submission Form, Customer hereby authorizes Company to compile such data and make such images and agrees that each Company shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.
17. These terms and conditions, together with (i) the Submission Form; (ii) the Services and or Fees page of the appropriate Company’s web site; (iii) the appropriate corresponding Guarantee; (iv) the collector or dealer agreement; (v) a Company’s Privacy Policy; and (vi) a Company’s Terms of Web Site Use, constitute the entire agreement of each Company 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. In the event of a conflict, (i) these terms and the current applicable Guarantee for the appropriate Company providing Services shall prevail; (ii) the Services and Fees page of the Company’s web site shall prevail over any pre-printed Submission Form. If any term or condition 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 and conditions hereof.