Terms of Service

1. Services Overview

• CardWorks operates as a third-party grading submission intermediary and concierge service. We assist clients with preparing, organizing, submitting, tracking, and managing trading card grading submissions to independent third-party grading companies.
• CardWorks does not grade cards, authenticate items, or determine grading outcomes. All grading decisions are made exclusively by independent third-party grading companies.
• Services may change, be suspended, or discontinued at any time without notice.

2. No Affiliation or Ownership

• CardWorks is not owned by, affiliated with, endorsed by, or controlled by any grading company, including but not limited to PSA or Beckett.
• All grading outcomes, subgrades, labels, turnaround times, delays, suspensions, or service interruptions are determined solely by the grading companies.

3. Account Creation & Eligibility

• You must be at least eighteen (18) years old to use our services.
• You agree to provide accurate, current, and complete information and to keep your account information updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
• CardWorks reserves the right to suspend or terminate accounts for fraud, abuse, misuse, chargeback activity, or violation of these Terms.

4. Client Representations & Ownership of Submitted Items

By submitting any card or collectible to CardWorks, you represent and warrant that:

• You are the lawful owner of the submitted item(s), or you have full legal authority from the lawful owner to submit such item(s);
• The submitted item(s) are not stolen, counterfeit, altered, subject to liens, ownership disputes, or third-party claims;
• Submission of the item(s) does not violate any law, regulation, or contractual obligation;
• CardWorks may rely on these representations without independent verification.

5. Pricing, Fees & Business Model Disclosure

A. Service Fees

CardWorks charges per-card service fees, which are disclosed at the time of submission. All fees are non-refundable once a submission has been processed.

B. Grading Company Pricing & Discounts

You acknowledge and agree that:

• CardWorks may receive discounted prices, incentives, or preferential rates from grading companies based on submission volume;
• CardWorks retains the benefit of such discounts;
• Prices charged to clients include CardWorks' margin, operational costs, and services rendered;
• No fiduciary, agency, or pricing pass-through obligation is created.

6. Payments & Reimbursement

Clients may either prepay grading and service fees through CardWorks or reimburse CardWorks for grading company fees advanced on the client's behalf. Failure to pay required amounts may result in delayed submissions, account suspension, or return of cards at the client's expense.

7. Custody, Risk of Loss & Shipping

A. Inbound Risk of Loss

CardWorks assumes no responsibility for cards until they are physically received and logged into CardWorks' internal tracking system. Clients are solely responsible for carrier selection, packaging, insurance, and transit risk prior to logging.

B. Risk While in Possession

Once logged into CardWorks' system, responsibility applies only while cards remain in our physical possession and is subject to the liability limitations in these Terms.

C. Outbound Risk of Loss

Risk of loss transfers back to the client once cards are released to a shipping carrier or third party. CardWorks is not liable for carrier delays, loss, theft, damage, or misdelivery after shipment.

8. Slab Cracking Authorization & Waiver

If a client requests slab cracking for resubmission, authorization must be provided in writing (including email, text message, or social media message). The client assumes all risks associated with slab cracking, including damage, grade impact, and loss of value. CardWorks shall have no liability for any outcome resulting from slab cracking performed at the client's request.

9. No Guarantees

CardWorks makes no guarantees regarding grades, turnaround times, authentication outcomes, labels, market value, resale potential, or grading company service levels. All grading results are subjective and determined solely by third-party graders.

10. Limitation of Liability

To the maximum extent permitted by law:

CardWorks' total liability for any claim shall not exceed the per-card service fee paid to CardWorks for the specific card giving rise to the claim, applied on a per-card, per-incident basis, regardless of legal theory.

CardWorks shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of market value or lost profits. Some jurisdictions may limit exclusions; liability shall be limited to the fullest extent permitted.

11. Indemnification

You agree to defend, indemnify, and hold harmless CardWorks, its members, managers, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your breach of these Terms;
• Ownership or mislegality of submitted items;
• Chargebacks or payment disputes;
• Third-party claims related to your submissions or conduct.

This obligation survives termination.

12. Abandoned or Unclaimed Property

If a client fails to pay outstanding balances or respond to communications for ninety (90) days after notice, submitted items shall be deemed abandoned. CardWorks may charge storage fees, liquidate or dispose of abandoned items, and apply proceeds toward outstanding balances without further liability.

13. Chargebacks & Payment Disputes

Chargebacks do not override CardWorks' refund or service cancellation policies. CardWorks may suspend accounts, withhold items, and recover chargeback fees and administrative costs. Repeated chargebacks may result in permanent termination.

14. Marketing, Email & SMS Consent

By creating an account or submitting forms, you consent to receive transactional and marketing communications via email and SMS. Consent is not required to receive services. You may opt out at any time.

15. Add-Ons, Merchandise & Third-Party Products

Certain products or accessories may be manufactured or fulfilled by third parties. CardWorks disclaims liability beyond applicable consumer protections.

16. Intellectual Property & Website Use

All website content, branding, and materials are owned by or licensed to CardWorks. You may not copy, scrape, reproduce or commercially exploit any content without written consent.

17. Dispute Resolution & Governing Law

A. Governing Law

These Terms are governed by the laws of the State of Texas.

B. Arbitration & Class Action Waiver

All disputes shall be resolved by binding arbitration in Texas, conducted by a single arbitrator selected by CardWorks. Each party bears its own costs. No class or representative actions are permitted.

18. Force Majeure

CardWorks is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, carrier failures, strikes, governmental actions, or grading company shutdowns.

19. Modifications

CardWorks may update these Terms at any time. Continued use constitutes acceptance.

20. Entire Agreement, Severability & Waiver

These Terms constitute the entire agreement. If any provision is unenforceable, the remainder remains in effect. Failure to enforce a right is not a waiver.

21. Insurance & Risk Disclosure

CardWorks Submission Company LLC does not provide blanket insurance coverage for client submissions unless expressly stated in writing.

Clients are responsible for:

• Selecting shipping carriers
• Purchasing appropriate insurance values
• Declaring appropriate values

While CardWorks exercises commercially reasonable care while cards are in its physical possession, clients acknowledge that trading cards and collectibles carry inherent risk. Any insurance coverage obtained by CardWorks, if applicable, is limited in scope and may not cover full declared or market value. No representation is made that insurance coverage is sufficient for any particular submission(s). Clients are encouraged to maintain their own insurance coverage for high-value items.

22. Grading Company Upcharges; Authorization to Charge

Certain grading companies, including but not limited to PSA, routinely assess additional fees (“Upcharges”) after grading based on factors such as declared value, final assessed value, grade received, rarity, or service tier selected for submission.

You expressly acknowledge and agree that:

• Any initial grading fee is not a final price and is subject to post-grading adjustment by the grading company;
• CardWorks has no control over or ability to predict grading company upcharges;
• CardWorks is authorized to advance, charge, or invoice you for any grading company upcharges incurred on your behalf;
• You waive any chargebacks, or claim against CardWorks relating to grading company upcharges.

Upcharges apply even if they materially increase total grading cost beyond initial estimates. Unpaid upcharges constitute an outstanding balance and may result in delayed returns, storage fees, or disposition of the submission as abandoned pursuant to these Terms.

23. Contact Information