COLLECTORS VAULT SERVICES TERMS OF SERVICE

Last Updated: June 28, 2022

The Collectors Vault Services are operated by Collectors Universe, Inc. (“We” or “CU”) and subject to these terms of service and further guidelines and instructions applicable to the Vault Services (the “Terms of Service”) and the service fees, prices, rates, and charges provided for the Vault Service, as well as the Collectors User Agreement (https://www.collectors.com/useragreement) (incorporated here by this reference) (collectively, the “Terms”).

PRIOR TO USING the CU VAULT SERVICES, YOU SHOULD CAREFULLY READ THESE TERMS OF SERVICE.  As part of making a submission to CU, you must read and affirmatively agree to the following Terms of Service in order to advance through and complete an order. You agree to abide by and to be bound by these Terms of Service and further agree that CU is entitled to rely upon and benefit from this agreement, as part of the submission process. If you do not agree to the Terms of Service, then you should not submit any item to CU or otherwise request the Vault Services. Should you object to any of these Terms of Service, or any subsequent modifications thereto, or become dissatisfied with the Vault Services, your sole remedy is to discontinue use of the Vault Services and request return of your Item(s) in the manner provided in these Terms of Service.

THE USER AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION (https://www.collectors.com/useragreement) THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. READ THE TERMS CAREFULLY BECAUSE THEY CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; AND (II) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.

We reserve the right to update and make changes to these Terms of Service at any time by updating this posting or providing notice to you electronically or as otherwise permitted under applicable law.  Updates and changes take effect when We post them. Your continued access to or use of your Account and the Vault Services after any updates and/or changes indicates your acceptance to the Terms of Service as modified.  It is your responsibility to periodically visit this page and review the Terms for updates.

The CU Vault Services are subject to the specific terms and conditions provided below. Capitalized terms not otherwise defined below are defined in the User Agreement and incorporated here by this reference.

1.  Items Accepted for Submission.  The CU Vault Services include storage services at storage facilities operated by CU or third party providers (each a “Facility”) for storage of permitted items only.  We do not accept items for the CU Vault Services that are subject to liens, security interests, or any encumbrances, and by submitting an item, you represent and warrant that the item is (i) free and clear of any and all liens, security interests, and encumbrances of any kind, including but not limited to, claims of governments or governmental agencies and (ii) if transferred or imported into the United States, has been lawfully imported in accordance with all applicable laws and regulations. You agree not to knowingly submit any item that is counterfeit, not authentic, or which bears evidence of tampering. As part of the CU Vault Services, We do not buy or sell any items or endorse any other businesses or individuals that may store any items through the CU Vault Services.

If your submission is not in conformity with these Terms or our submission guidelines, We reserve the right to (i) reject the submission and return the item(s) submitted to you at your risk and expense as stated in these Terms of Service; or (ii) process the submission and correct any non-conformity, as determined in our discretion. Any access to the Facility is subject to CU’s then-current access terms and policies.

2.  Submission of Items. To submit an item, you must (i) have a valid and active Account and (ii) complete in full the CU Vault Services submission form (“Submission Form”) or otherwise request CU Vault Services through the Services provided by another Collectors Entity. By submitting a Submission Form or otherwise directing the submission of an item to the CU Vault Services, you represent and warrant that: (i) you are either the lawful owner of each item identified on the Submission Form, a lawful joint owner acting with authority and the permission in writing of the co-owner(s) to submit each item to the CU Vault Services subject to, and in agreement with, these Terms of Service, or an authorized dealer with authority and permission in writing of the lawful owner(s) to submit the item to the CU Vault Services (and agree to remain jointly and severally liable for the obligations and liabilities of the owner); (ii) there are no contractual or other legal obligations affecting your ability to accept these Terms of Services; and (iii) the information stated on the Submission Form (or otherwise provided at the time of the submission of the item to a Collectors Entity) and any pictures or images of such item(s), including, without limitation, the description and quantity of each item and condition of the item are current, truthful, and accurate.  It is your responsibility to keep information about any submitted item up-to-date following submission.

By submitting a Submission Form or otherwise directing the delivery or transfer of items to the Facility for storage with CU Vault Services, you authorize CU to accept and receive on your behalf any and all items that you submit or cause or direct to be delivered or transferred for storage to the Facility, and for CU to take such actions that are necessary to accept the submission, delivery, or transfer on your behalf.  We reserve the right to reject any prohibited items or submissions that are not in accordance with these Terms of Service and to return such items to you at your risk and expense as stated in these Terms of Service.

You acknowledge and agree that any items that are delivered or transferred to the CU Vault Services following provision of Services by a Collectors Entity or from another facility, including, without limitation, a facility operated by a Collectors Entity or a third party provider, will be subject to these Terms of Service and supersede any prior terms and conditions applicable to storage of the items that another facility or pursuant to the other Services.

Should more than one (1) person own any item(s) submitted for storage under your Account, each owner must agree, jointly and individually, that the item(s) are held under the Account of the individual identified as the registered user for that Account. The owners each agree that the individual identified as the registered user of the Account submitting the Submission Form is the authorized individual to receive, deposit, withdraw, or transfer the item(s) held in storage under the Account.  In the event of any dispute between any joint owners of any item(s), CU will proceed in accordance with the instructions of the individual (or authorized representative of the individual) listed as the registered user of the Account under which the item(s) were submitted, and without limiting the terms otherwise provided in these Terms of Service and the User Agreement, the Account holder agrees to indemnify, defend, and hold harmless CU, its officers, directors, employees, agents and representatives from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to compliance with instructions of that Account holder, including, the delivery, deposit, withdrawal or transfer of the item(s).

It is absolutely essential that items submitted to CU be packaged and shipped in accordance with the requirements provided on the Submission Form for the item and those of the carrier you may select under this Section 2, as CU bears no liability or responsibility for insufficiency or unsuitability of packing or preparation of item(s) or any loss, damage, or delay in connection with the item(s) in being transported by a third-party hired by you to deliver or transfer the item(s) to the Facility.

You must use a reputable national shipping, transportation, or courier provider (e.g. United Parcel Service (UPS), United States Postal Service (USPS) , Federal Express (FEDEX)) to ship the item(s) to the Facility.

Regardless of the method of transportation you utilize for delivery of the item(s) to CU, you bear the sole cost and risk of: (i) all loss, damage, or delay in connection with the shipment and delivery of the item(s) to the Facility (even if CU provides a shipping label for shipment of the item); and (ii) the expense of the delivery and shipment of the Item(s) to the Facility. Carriers do not represent and do not act as an agent of CU, and CU bears no responsibility for packages or item(s) lost, damaged, or delayed in transit. YOU ARE RESPONSIBLE FOR SELECTING AND PAYING FOR SHIPPING SERVICES AND INSURING ALL PACKAGES SHIPPED TO US, AND WE HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR DELAY TO ANY ITEM OCCURING WHILE THE ITEM IS IN THE CUSTODY OR CONTROL OF A CARRIER.

3. Documentation of Submitted Items.  Upon taking delivery of your submitted item(s), We will provide you with receipt of confirmation of the item(s) delivered.  In the ordinary course of operations, We (i) compile data regarding each item submitted for storage, including, but not limited to, data relating to the identity, production, condition and grade (if previously authenticated by CU) of the item (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the CU Services being provided by CU, you, on behalf of yourself and any third party for whom you may be acting, hereby authorize CU to take, or cause to be taken, one or more Images of each such Item, and further agree that CU will be the owner of such Data and all such Images and that CU may use and exploit such Data and the Images for commercial and any other purposes, as CU, in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, you, on behalf of yourself and any third party for whom you may be acting with respect to this agreement, unconditionally and irrevocably transfer, convey and assign to CU any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright) that you or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).

4. Authorization for Storage and Responsibility for Loss or Damage.  Items are stored by CU for your sole benefit on your Account subject to these Terms of Service.  We do not undertake, and are not responsible as part of the CU Vault Services for, verifying the authenticity, value, or accuracy of any identification markings on any item(s).  By submitting item(s), you authorize CU to store the item(s), subject to these Terms of Service, until your Account or the services are canceled or terminated by you or CU as provided in these Terms of Service.  Any items that have been graded, authenticated, or certified through Services provided by a Collectors Entity are subject to the Terms of Service provided with those Services.

CU will use reasonable ordinary care in handling submissions of item(s). You acknowledge and agree that the contents, condition, and quality of any submission and the item(s) contained therein are unknown to CU until receipt and inspection by CU.  CU does not bear any liability for loss or damage to any item (even if CU has provided a shipping label for delivery of an item) until (i) the item is in the custody and control of CU and (ii) CU has inspected and accepted the item in accord with these Terms of Service.  If CU determines that your item was lost or damaged while in CU’s custody or control, you will be compensated based upon (i) the fair market value, or repair or replacement cost, of the item which has been lost or damaged or (ii) the depreciation in value for any item that is partially damaged, as determined by CU’s standard procedures, which may include filing a claim with our insurance carrier and/or retaining an independent appraiser. IN NO EVENT WILL THE TOTAL LIABILITY EXCEED THE LESSER OF THE FAIR MARKET VALUE OR THE REPAIR OR REPLACEMENT COST OF THE ITEM. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO DETERMINE THE FAIR MARKET VALUE AND/OR REPAIR AND REPLACEMENT COST FOR AN ITEM THROUGH ANY MEANS AS WE MAY DETERMINE. Such compensation will be your sole and exclusive remedy and our entire liability for any loss or damage to your item while in the custody and control of CU, and you irrevocably release and discharge CU, on your behalf and on behalf of anyone who may claim through or for you, from any liability for loss or damage to the Item(s), including due to the gross negligence of CU or it agents and contractors.  CU will not be liable or responsible for any consequential, incidental, special, or indirect damages, including, without limitation, for any intrinsic or sentimental value of an item.

CU has and will have no liability whatsoever to you for any loss or damage of any item occurring while the item is not in the custody or control of CU at a Facility, including, without limitation, after the item is transferred to the custody or control of a third party, including another facility, owner, agent, or carrier, as identified by you, or released for return to you.

Personnel and employees of CU are not authorized to make any statements, representations, or warranties contrary to these Terms of Service and any additional statements, including, without limitation, statements made by any CU personnel or employees or those made in advertising or presentation materials, oral or written, do not constitute representations or warranties by CU and should not be relied upon as such. 

5. Taxes.  CU has no responsibility for collecting or remitting any applicable taxes which may be imposed by law.  You are solely responsible for any taxes that may be imposed by any governmental or regulatory body associated with the submission, transfer, or return of any Item(s).  You agree to indemnify, defend, and hold harmless CU, its officers, directors, employees, agents and representatives from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to any taxes which may hereafter be claimed or determined to be due by any tax authority in connection with the foregoing.

6. Substitute Facility.  You agree that We reserve the right to transfer items stored with the CU Vault Services to another location within the Facility or to another facility for storage (“Substitute Facility”), in our sole discretion, which shall not be considered a deviation from our obligations under the CU Vault Services, provided that the Substitute Facility maintains similar safety and security standards for protection of items.

7. Cancellation and Release of Items.  You may cancel the storage of your item(s) with the CU Vault Services at any time by providing a written request to CU using the online account management tools provided in your Account.  Upon receipt of instructions and in accordance with CU’s then-current operating procedures in effect at the time, We will prepare and release your item(s) to you or your designated agent or representative or arrange for delivery of the item(s) via insured delivery to a physical delivery address you specify, with such preparation, release and delivery provided at your expense (which may include a processing, shipping and handling charge as applied by CU). We may use third party payment processors to process that payment transaction. Additional terms and conditions may apply. Following release of your item(s), you must inspect the returned item(s) immediately upon receipt from CU and report any damage or discrepancy to CU within five (5) business days after receipt.

We reserve the right to charge a processing, shipping and handling charge as applied by CU for the release and return of any items to you or your designee as provided in this Terms of Service.  If We are unable to contact you or unable to return items to you or your designee (as provided in these Terms of Service) for any reason, any released or delivered items are returned to us by the carrier as unable to be delivered, or you are otherwise in breach of any obligations under this Terms of Service, the Terms of Service for any other Services of a Collectors Entity, or the User Agreement, including, without limitation, failure to satisfy any unpaid obligations of a Collector Entity, we reserve the right to sell or otherwise dispose of the items, in the manner determined by us, in our sole discretion, and retain any proceeds from any such sale or disposition.

8.  Termination by CU. We may suspend or terminate, at our sole and absolute discretion, your access to the CU Vault Services or your Account (in whole or with respect to a particular item) immediately in accordance with the User Agreement and these Terms of Service.  We further reserve the right to cancel any CU Vault Services provided to you without cause by providing thirty (30) days written notice to you.  Upon termination, We will prepare and release your item(s) to you or your designated agent or representative or arrange for delivery as provided in Section 7 above.

9. Service Fees. We reserve the right, in our sole discretion, to charge service fees for maintenance of a CU Account or the CU Vault Services in the future, upon notice to you.  Following notice, you must either (i) provide a payment card or authorization for payment (in the manner requested by CU) to continue the CU Vault Services or (ii) cancel your Account and storage of your item(s) with instructions for the release of your item(s) as set forth in these Terms of Service.  If We do not receive a response from you within thirty (30) days following such notice of the applicable service fees, We reserve the right to return such item(s) to you at your risk and expense as provided in these Terms of Service.

10. Force Majeure. We shall not be considered liable or responsible to you or deemed to have defaulted or have breached these Terms of Service or for any failure or delay in fulfilling or performing the CU Vault Services if the failure to perform or delay was because of a Force Majeure Event. “Force Majeure Event” shall be an act of God, riot, war, civil unrest, hostile fire, flood, earthquake, interruption of services (including without limitation transportation and utility services) or other cause beyond our  reasonable control and anticipation (including without limitation, any mechanical, electronic, or communications failure), or any inability due to the aforementioned causes to obtain necessary labor, materials, facilities or products.

11.  How to Contact Us.  [email protected]