Gem Core Grading

WEBSITE AND GRADING SERVICES TERMS

These Website and Grading Services Terms are a legally binding agreement between you and Gem Core Grading, doing business as Gem Core Grading (“Gem Core,” “Company,” “we,” “us,” or “our”).

These Terms govern:

Your access to gemcoregrading.com and related websites, applications, customer portals, databases, QR-code lookup services, population reports, and digital content;
Your creation or use of a Gem Core customer account;
Every collectible, trading card, package, photograph, document, payment, or submission you send or deliver to Gem Core; and
All grading, condition assessment, imaging, measurement, encapsulation, identification, certification, reholdering, research, shipping, and related services offered by Gem Core.

In these Terms, the website, customer portal, grading services, and related products are collectively called the “Services.”

IMPORTANT DISPUTE NOTICE

SECTION 29 CONTAINS AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION. IT ALSO CONTAINS A CLASS-ACTION WAIVER AND A WAIVER OF THE RIGHT TO HAVE A JURY DECIDE A DISPUTE.

You may reject the arbitration agreement by following the opt-out procedure in Section 29 within 30 days after first accepting these Terms.

1. ACCEPTANCE OF THESE TERMS

You accept these Terms when you:

Visit or use the Gem Core website or customer portal;
Create an account;
Check a box stating that you agree to these Terms;
Purchase or request a Service;
Mail, deliver, or otherwise submit an item to Gem Core; or
Continue using the Services after updated Terms become effective.

If you do not agree to these Terms, do not create an account, submit an order, send an item, or use the Services.

Certain promotions, service levels, events, dealer programs, or submission types may have additional written terms. Those additional terms become part of this agreement when you use the applicable Service. If a specific order form directly conflicts with these Terms, the specific order form controls only for that order and only concerning the conflicting provision.

2. ELIGIBILITY AND AUTHORITY

You must be at least 18 years old and legally capable of entering into a binding contract.

By using the Services, you represent that:

The information you provide is accurate and complete;
You are legally authorized to possess and submit every item included in your order;
You own the submitted item or have the owner’s express authorization to act for the owner;
No submitted item is stolen, unlawfully obtained, subject to an undisclosed ownership dispute, or restricted by law;
You are not using the Services for fraud, counterfeiting, money laundering, deception, or another unlawful purpose; and
Your use of the Services does not violate another agreement or applicable law.

When you submit an item for someone else, you are responsible for obtaining that person’s agreement to these Terms. You remain responsible to Gem Core for the entire submission.

3. DESCRIPTION OF GEM CORE SERVICES

Gem Core may offer Services involving:

Trading-card identification;
Card condition assessment;
Imaging and optical measurement;
Software-assisted or technology-assisted analysis;
Human review;
Authentication screening;
Numerical or descriptive grades;
Subgrades or measurement results;
Encapsulation;
Labels, certificates, serial numbers, and QR codes;
Public certification verification;
Population-report information;
Customer order tracking;
Reholdering or correction services;
Promotional credits or Gem Points; and
Other collectible-related services announced on the website.

The availability, scope, pricing, technology, standards, labels, turnaround estimates, and requirements for a Service may change.

Gem Core may use proprietary equipment, lighting, imaging, measurement systems, software, algorithms, databases, artificial intelligence tools, trained personnel, contractors, or any combination of these methods.

No specific grading method, equipment configuration, software version, internal formula, measurement weighting, or trade secret is promised unless stated in writing on the applicable order form.

4. GRADING IS A PROFESSIONAL OPINION

A Gem Core grade is a professional opinion concerning the condition of an item at the time it is examined under Gem Core’s then-current standards.

Grades are not statements of absolute fact.

You acknowledge that:

Reasonable graders may reach different conclusions about the same item;
Different grading companies use different criteria, tolerances, equipment, terminology, and scales;
The same item may receive a different grade if reviewed later because of condition changes, updated standards, improved equipment, newly discovered information, human judgment, or measurement differences;
A grade does not guarantee that another company, buyer, auction house, marketplace, insurer, or collector will agree with it;
A grade does not guarantee authenticity unless the purchased Service expressly includes authentication;
A grade does not establish legal ownership;
A grade does not guarantee present or future market value;
A grade does not guarantee that an item will sell;
A higher grade does not necessarily create a higher sale price; and
Gem Core is not providing financial, tax, investment, insurance, or legal advice.

Statements such as “technology assisted,” “measured,” “data driven,” or similar descriptions explain Gem Core’s approach. They do not mean that the grading process is free from judgment, tolerance ranges, equipment limitations, software limitations, or error.

5. NO GUARANTEED GRADE OR VALUE

Gem Core does not promise that an item will receive:

A specific numerical grade;
A minimum grade;
A “Gem Mint,” “10,” or other premium grade;
A grade equal to or higher than another grading company’s grade;
A grade equal to a customer’s estimate;
A particular resale value; or
Any increase in value.

You are responsible for deciding whether the cost and risks of submission are appropriate for your item.

Disagreement with a grade, subgrade, measurement, designation, identifier, population count, or market reaction is not, by itself, evidence that Gem Core breached these Terms or performed the Service negligently.

6. CUSTOMER SUBMISSION INFORMATION

You must provide all information reasonably requested by Gem Core, including:

Your current name or account information;
Mailing address;
Email address;
Telephone number when requested;
Item description;
Set, year, character, card number, edition, language, or variation;
Requested Service;
Declared value;
Return shipping selection;
Payment information; and
Any known alteration, restoration, damage, dispute, or special condition affecting the item.

Gem Core may rely on the information you submit but is not required to accept your identification or description.

Gem Core may correct item descriptions, spelling, classifications, set information, variation information, or label details based on its research. A corrected description does not guarantee that every catalog, publisher, manufacturer, collector, or marketplace uses the same description.

Incomplete or inaccurate information may delay the order, cause additional charges, affect insurance coverage, or result in return of the item without grading.

7. DECLARED VALUE

You must provide a good-faith declared value for each item.

“Declared Value” means your reasonable estimate of the item’s fair market value in its raw, ungraded condition at the time Gem Core receives it. It does not mean the value you hope the item will have after grading.

The Declared Value may be used to:

Determine the proper service level;
Calculate shipping or insurance charges;
Establish handling procedures;
Determine whether an item requires prior approval;
Set a maximum potential claim amount; and
Determine whether additional payment is required.

Gem Core may change the service level or request additional payment if it reasonably believes an item was materially undervalued.

An inaccurate or intentionally low Declared Value may reduce or eliminate available coverage to the fullest extent permitted by law.

Gem Core may refuse items above an announced value limit or require a separate written high-value submission agreement.

8. PREPARING AND SHIPPING ITEMS TO GEM CORE

You are responsible for safely packaging your submission.

Unless Gem Core provides different written instructions, you should:

Place each card in an approved protective sleeve;
Use an appropriate semi-rigid card holder;
Avoid tape directly on any card, sleeve opening, or removable tab;
Protect the items from movement, moisture, bending, crushing, and impact;
Use a sturdy shipping box;
Include the required order or packing information;
Use tracking and signature confirmation; and
Purchase sufficient carrier insurance.

Gem Core is not responsible for loss, theft, delay, misdelivery, weather exposure, damage, or package tampering occurring before the package is delivered to and accepted at Gem Core’s designated receiving location.

A carrier scan that merely states “delivered” does not conclusively establish that every item listed by the customer was contained in the package or accepted into Gem Core’s custody.

Customers should retain:

Tracking information;
Carrier receipts;
Photographs or video of the items;
Photographs or video of the packing process;
Purchase records;
Prior condition records; and
Proof supporting the Declared Value.

Gem Core may reject packages that are unsafe, damaged, contaminated, improperly addressed, postage due, or inconsistent with the order.

9. INTAKE AND INVENTORY

Gem Core may open packages under recorded video surveillance or another documented intake process.

The items physically found during intake will control over the customer’s packing list unless the customer provides reliable contrary evidence.

Gem Core may photograph, scan, count, weigh, or otherwise document packages and items at intake.

If there is an apparent shortage, incorrect item, unexpected item, visible shipping damage, or packaging issue, Gem Core may:

Contact the customer;
Pause the order;
Return the package;
Request instructions;
Request additional payment; or
Take another reasonable protective action.

Gem Core is not required to preserve external shipping materials after intake unless a damage claim is identified or applicable law requires preservation.

10. CONDITION RISKS AND LATENT DEFECTS

Collectibles may contain hidden or preexisting defects, including:

Surface instability;
Weak corners or edges;
Creases;
Layer separation;
Adhesive failure;
Ink instability;
Moisture damage;
Mold;
Residue;
Chemical contamination;
Trimming;
Pressing;
Cleaning;
Recoloring;
Restoration;
Altered surfaces;
Structural weakness; or
Damage concealed by sleeves, holders, cases, labels, glare, dirt, or prior encapsulation.

Gem Core is not responsible for a preexisting condition, ordinary deterioration, or latent defect that becomes visible during normal examination, imaging, measurement, handling, or encapsulation.

You understand that normal grading requires removal of the item from customer-supplied sleeves and holders and requires reasonable physical handling.

Gem Core does not guarantee that customer-supplied sleeves, semi-rigid holders, boxes, packaging, or other disposable submission materials will be returned.

11. THIRD-PARTY HOLDERS AND CROSSOVER SERVICES

Gem Core will not remove an item from another grading company’s holder unless:

Gem Core currently offers that Service;
The customer specifically requests it;
The required authorization is accepted; and
Applicable fees are paid.

Removal from a third-party holder may reveal hidden damage, alteration, deterioration, contamination, authenticity concerns, or a condition that prevents encapsulation.

Unless Gem Core separately agrees in writing, it does not guarantee that:

An item removed from another holder will receive the same grade;
The item will receive the customer’s requested minimum grade;
The original holder can be preserved;
The item can be returned to the original holder; or
The item will qualify for a Gem Core holder.

Additional crossover or holder-removal terms may apply.

12. ITEMS GEM CORE MAY REFUSE

Gem Core may decline, suspend, or stop work on an item when it reasonably believes that the item:

Is stolen or unlawfully possessed;
Is counterfeit or not genuine;
Has been materially altered;
Presents a health, contamination, or safety risk;
Is prohibited by law;
Is connected to fraud or deceptive activity;
Is outside Gem Core’s supported card categories;
Cannot be safely handled or encapsulated;
Was submitted with materially inaccurate information;
Exceeds the applicable value limit;
Is involved in an ownership or payment dispute; or
Otherwise creates an unreasonable legal, financial, operational, or reputational risk.

Gem Core may also refuse service to a person who abuses employees, threatens the business, commits fraud, files repeated bad-faith claims, misuses certificates, counterfeits labels, manipulates the website, or violates these Terms.

13. SUSPECTED COUNTERFEIT, ALTERED, OR UNLAWFUL ITEMS

Gem Core may designate an item as questionable, altered, restored, counterfeit, not authentic, evidence of trimming, evidence of recoloring, or otherwise ineligible for a numerical grade.

A determination that an item is questionable or altered is a professional opinion based on the information available at the time.

Gem Core may still charge the applicable evaluation fee because examination and research were performed.

When reasonably necessary, Gem Core may temporarily retain an item while it:

Confirms customer instructions;
Investigates possible fraud;
Responds to a lawful government request;
Preserves evidence;
Resolves a payment dispute; or
Determines the lawful method of return.

Gem Core will not knowingly return property to a person when prohibited by a court order or applicable law.

14. FEES AND PAYMENT

You agree to pay:

Grading and authentication fees;
Imaging or special-service fees;
Shipping and insurance charges;
Applicable sales, use, excise, customs, or other taxes;
Service-level adjustments resulting from undervaluation;
Storage charges properly disclosed under these Terms;
Reholdering or correction charges when applicable;
Payment-processing charges disclosed before checkout; and
Other charges you approve.

Prices are stated in U.S. dollars unless otherwise indicated.

Gem Core may require payment:

At checkout;
When the package is received;
Before grading begins;
Before encapsulation;
Before return shipping; or
At another disclosed stage.

Gem Core may pause work or withhold return shipment, to the extent permitted by law, while undisputed amounts remain unpaid.

15. REFUNDS AND CANCELLATIONS

An order may be cancelled for a full refund of the grading fee before Gem Core begins intake, research, imaging, grading, measurement, authentication, label production, or another substantive part of the Service.

After substantive work begins:

Service fees may become nonrefundable;
The customer may be charged for work already performed;
Shipping and insurance charges remain the customer’s responsibility; and
The customer must pay return expenses.

An unfavorable grade or disagreement with the result is not grounds for a refund.

Gem Core may issue a refund, credit, partial refund, or complimentary service at its discretion. A courtesy resolution does not establish fault or create an obligation to provide the same resolution in another case.

16. CHARGEBACKS AND PAYMENT DISPUTES

Before initiating a chargeback or payment reversal, you agree to contact Gem Core and provide a reasonable opportunity to review the issue.

A knowingly false, fraudulent, or abusive chargeback is a material breach of these Terms.

When a chargeback or payment dispute occurs, Gem Core may:

Pause the order;
Suspend the customer account;
Delay return shipment as permitted by law;
Submit order records, communications, acceptance records, grading records, photographs, tracking information, and these Terms to the payment provider;
Recover unpaid amounts through lawful collection methods; and
Seek reasonable costs caused by a fraudulent payment dispute where permitted by law.

Nothing in this section prevents a customer from exercising a legitimate right provided by applicable law or the customer’s card issuer.

17. TURNAROUND TIMES

All turnaround times are estimates unless Gem Core expressly provides a written guaranteed completion date.

Turnaround time may be affected by:

Submission volume;
Item quantity;
Research requirements;
Item value;
Unusual variations;
Equipment maintenance;
Technology outages;
Staffing;
Payment issues;
Customer response time;
Shipping disruption;
Carrier delay;
Severe weather;
Natural disaster;
Government action;
Security incidents;
Supply shortages; or
Events outside Gem Core’s reasonable control.

Estimated turnaround begins only after Gem Core has received:

The complete submission;
Correct customer information;
Required authorization; and
All required payment.

A missed estimate does not automatically entitle the customer to damages, reimbursement of item value, lost profits, or cancellation after work has begun.

18. LABELS, HOLDERS, CERTIFICATES, AND QR CODES

Gem Core may place the graded item into a proprietary holder containing a label, certificate number, barcode, QR code, security feature, or other identifier.

The holder is intended to protect and identify the graded item. It is not represented as:

Indestructible;
Waterproof;
Fireproof;
Theft proof;
Airtight;
Completely resistant to sunlight or ultraviolet exposure;
Immune from scratches, cracking, yellowing, warping, or deterioration; or
Suitable for every storage environment.

The customer remains responsible for safe storage and handling after return.

A Gem Core certificate applies only to the item originally reviewed and encapsulated under that certificate number.

The certificate becomes invalid if:

The holder is opened;
The holder is materially damaged or altered;
The label is removed or replaced;
The card is substituted;
The QR code or serial number is copied for another item; or
Gem Core reasonably determines that the certificate has been misused.

Gem Core may deactivate, correct, replace, or annotate a certification record when necessary to prevent fraud, fix an error, reflect a reholder, or protect the integrity of its database.

19. CUSTOMER INSPECTION AND REPORTING DEADLINE

You must inspect returned items promptly.

Visible shipping damage should be documented before opening the package when reasonably possible.

You must notify Gem Core in writing within seven calendar days after confirmed delivery concerning:

A missing item;
A visibly damaged item;
An incorrect label;
An incorrect card returned;
A broken holder;
An apparent shipping shortage; or
Another readily observable discrepancy.

Your notice must include:

Order number;
Certification number when applicable;
Description of the issue;
Photographs of the shipping package;
Photographs of the item and holder;
Photographs of labels and packaging; and
Any other information reasonably requested.

Failure to report a readily observable issue within seven calendar days may prevent Gem Core from verifying the claim and may waive the claim to the fullest extent permitted by law.

This deadline does not eliminate a nonwaivable right provided by applicable law.

You must preserve all packaging until the claim is resolved.

20. LABEL CORRECTIONS, REHOLDERS, AND GRADE REVIEWS

Gem Core may offer:

Label-correction service;
Reholdering service;
Grade review;
Regrading;
Measurement review; or
Another corrective service.

A typographical or database error does not automatically invalidate the underlying grade.

If Gem Core confirms that it made a label-production error, its normal remedy will be correction or replacement of the label or holder.

Gem Core may require the item to be returned before making any correction, refund, account adjustment, or public-record change.

A customer may not continue selling or promoting an item using information the customer knows Gem Core has identified as materially incorrect.

When an item is removed from a holder, Gem Core may reassess it under its current standards. The resulting grade may remain the same, increase, decrease, or become ineligible for grading.

Unless expressly offered as a paid guarantee, a review request does not guarantee a grade change.

21. LOSS OR DAMAGE WHILE IN GEM CORE’S CUSTODY

Gem Core is responsible only for a proven physical loss or direct physical damage that:

Occurs after Gem Core has completed intake and accepted the specific item into its documented custody;
Occurs before Gem Core transfers the item to the return carrier or customer;
Is not caused by a preexisting condition, latent defect, ordinary deterioration, customer packaging, customer instructions, or an event outside Gem Core’s reasonable control; and
Is directly caused by Gem Core’s failure to exercise reasonable care.

If Gem Core accepts responsibility for a lost or damaged item, the customer’s maximum recovery will be the lowest of:

The item’s accurate Declared Value;
The item’s documented fair market value in raw, ungraded condition when received by Gem Core;
The amount of applicable insurance coverage actually available for the item; or
Any lower limitation established in a separately accepted high-value submission agreement.

Expected post-grading value, anticipated auction value, emotional value, replacement inconvenience, future appreciation, lost profits, lost opportunity, and speculative damages are excluded.

Gem Core may determine fair market value using reasonable evidence such as verified recent sales, recognized market data, documented purchase price, condition evidence, expert input, and comparable raw-card transactions.

Gem Core may satisfy an approved claim through payment, replacement with a reasonably comparable item, insurance proceeds, service credit where accepted by the customer, or a combination of these remedies.

The limitations in this section do not apply to liability that cannot legally be limited.

22. RETURN SHIPPING

Unless Gem Core expressly agrees otherwise, the customer pays return shipping and insurance.

The customer is responsible for providing a complete and deliverable address.

Gem Core may rely on the most recent address confirmed through the customer account or order.

Once Gem Core transfers a properly addressed package to the selected carrier, transit risks are governed by the carrier’s terms and the purchased shipping coverage, subject to applicable law.

Gem Core may assist with a carrier claim but does not guarantee that the carrier will approve or pay it.

If a package is returned because of an inaccurate address, refused delivery, missed delivery, unpaid customs charge, or customer failure to collect it, the customer is responsible for reshipping, storage, and related expenses.

International customers are responsible for customs declarations, duties, taxes, import restrictions, brokerage fees, and legal compliance in the destination country.

23. UNCLAIMED ITEMS AND STORAGE

Customers must maintain accurate contact and payment information.

If Gem Core cannot return an item because payment is overdue, the address is invalid, delivery is refused, or the customer fails to respond, Gem Core may charge a reasonable disclosed storage fee after providing written notice.

Gem Core will make reasonable efforts to contact the customer using the available account information.

Property that remains unclaimed will be handled in accordance with applicable abandoned-property and unclaimed-property laws.

Nothing in these Terms gives Gem Core the right to take ownership of customer property in a manner prohibited by law.

24. IMAGES, GRADING DATA, AND POPULATION INFORMATION

Gem Core may photograph, scan, measure, and record each submitted item.

The customer grants Gem Core a worldwide, nonexclusive, royalty-free license to use images and item information for:

Providing the Services;
Creating certification records;
Operating card lookup and QR-code features;
Maintaining population reports;
Preventing fraud and counterfeiting;
Customer support;
Quality control;
Internal research;
Improving grading methods and software;
Training personnel or technology systems;
Insurance and claim administration;
Educational content; and
Marketing or promotional materials.

Gem Core will not intentionally publish the customer’s private mailing address, payment information, or private account credentials as part of a public certification record.

Unless otherwise stated, Gem Core owns its:

Grading records;
Derived measurements;
Population statistics;
Certification databases;
Report layouts;
Label designs;
Software;
Proprietary scoring methods;
Research compilations; and
Internal analysis.

The customer continues to own the physical collectible.

Population data may change because of new submissions, corrections, duplicate-record removal, reholders, deactivated certificates, database updates, or discovery of inaccurate information.

Population reports are informational and do not guarantee rarity, authenticity, market value, or investment performance.

25. CUSTOMER ACCOUNTS AND SECURITY

You are responsible for:

Protecting your password;
Using accurate account information;
Restricting access to your devices;
Reviewing account activity;
Signing out of shared devices; and
Promptly reporting suspected unauthorized access.

You may not sell, transfer, rent, or share an account in a manner that creates security or ownership confusion.

Gem Core may require identity verification before changing an address, releasing a high-value order, issuing a refund, or discussing private account information.

Gem Core will not ask for your full password by email or text message.

You are responsible for losses caused by your failure to reasonably protect your email account, password, device, or account access, except to the extent the loss was caused by Gem Core or applicable law provides otherwise.

26. GEM POINTS, CREDITS, AND PROMOTIONS

Gem Core may provide promotional credits, referral credits, Gem Points, coupons, or other benefits.

Unless the applicable promotion states otherwise:

Credits have no cash value;
Credits cannot be redeemed for cash;
Credits cannot be sold or transferred;
Credits may be limited to specific Services;
Credits may have an expiration date;
Credits may not be combined with another offer;
Credits may be reversed if obtained through fraud, refund, chargeback, return, or account abuse; and
Gem Core may discontinue a promotional program prospectively.

Promotional credits are not customer deposits, bank accounts, securities, or stored-value accounts unless required otherwise by law.

27. ACCEPTABLE WEBSITE USE

You may not:

Attempt to gain unauthorized access to the website, databases, accounts, servers, or internal systems;
Introduce malware, ransomware, destructive code, or automated attacks;
Scrape, harvest, crawl, index, or copy data using automated tools without written permission;
Circumvent rate limits, security measures, or account restrictions;
Copy certification records to create counterfeit labels or holders;
Misrepresent an affiliation with Gem Core;
Use Gem Core trademarks or designs to deceive another person;
Reverse engineer proprietary software, labels, security features, or grading systems;
Interfere with another customer’s use of the Services;
Submit false reviews, false claims, or fraudulent documents;
Harass, threaten, or impersonate employees or customers; or
Use the Services in violation of law.

Gem Core may investigate suspected misuse and cooperate with payment providers, carriers, insurers, marketplaces, law enforcement, and other appropriate parties when permitted by law.

28. INTELLECTUAL PROPERTY

The Gem Core website, logos, names, grading scale presentation, labels, slab designs, certificate layouts, photographs owned by Gem Core, software, written content, graphics, databases, and other proprietary materials are protected by intellectual-property laws.

Except for limited personal use of a valid certification record relating to an item you own, no right or license is granted to reproduce, modify, distribute, sell, imitate, reverse engineer, or create derivative products from Gem Core property.

You may accurately state that a genuine item was graded by Gem Core. You may not:

Falsify a grade;
Alter a certification image;
Reuse a certificate for another item;
Create a confusingly similar holder or label;
Suggest sponsorship or endorsement that does not exist; or
Use Gem Core intellectual property in a deceptive manner.

Reports of suspected counterfeit Gem Core holders, labels, certificates, or websites may be sent to [SECURITY EMAIL].

29. DISPUTE RESOLUTION AND INDIVIDUAL ARBITRATION

29.1 Contact Gem Core First

Before filing a lawsuit or arbitration demand, the complaining party must send a written dispute notice containing:

The customer’s account email;
The applicable order and certification numbers;
A description of the dispute;
Supporting documents;
The amount requested; and
The proposed resolution.

The notice must be sent to:

Email: [DISPUTE EMAIL] Mail: [LEGAL ENTITY NAME], Attn: Legal Notice, [BUSINESS MAILING ADDRESS]

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice.

Either party may seek temporary relief when immediately necessary to prevent theft, fraud, counterfeiting, unauthorized system access, misuse of intellectual property, or destruction of evidence.

29.2 Agreement to Arbitrate

Except for the exclusions stated below, any dispute arising from or relating to the Services, a submission, an item, an account, a payment, the website, these Terms, or the relationship between you and Gem Core will be decided through binding individual arbitration rather than through a lawsuit in court.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the arbitration is filed.

If the AAA is unavailable or declines to administer the matter, the parties will attempt to select another recognized arbitration provider. If they cannot agree, a court with jurisdiction may appoint the provider or arbitrator.

29.3 Arbitration Location and Format

The arbitration may take place:

By video conference;
By telephone;
Through written submissions; or
In the county where the customer resides,

as permitted by the applicable rules and determined by the arbitrator.

Gem Core will pay arbitration fees it is required to pay under applicable law and the administrator’s consumer rules.

Each party will normally be responsible for its own attorneys’ fees unless a statute, these Terms, or the arbitrator’s decision permits otherwise.

29.4 Claims Excluded From Arbitration

Either party may bring an individual claim in small claims court when the claim qualifies and remains only in that court.

Either party may seek court relief concerning:

Intellectual-property infringement;
Counterfeit holders, labels, or certificates;
Unauthorized system access;
Theft or possession of stolen property;
Misuse of confidential information; or
A claim that applicable law does not permit to be arbitrated.

A request for public injunctive relief may remain in court to the extent applicable law prohibits arbitration of that remedy.

29.5 No Class or Representative Proceedings

To the fullest extent permitted by law, disputes must be brought individually.

Neither you nor Gem Core may pursue a dispute as:

A class action;
A collective action;
A consolidated representative proceeding;
A private-attorney-general action seeking relief for others; or
Another proceeding in which a party seeks to decide claims belonging to unrelated persons.

The arbitrator may award relief only to the individual party and only to the extent necessary to resolve that party’s individual claim.

If a final court decision determines that a particular claim or remedy cannot lawfully be subject to this individual-action requirement, only that claim or remedy will proceed in court. The remaining arbitrable issues will remain in arbitration.

29.6 Jury-Trial Waiver

For any dispute that lawfully proceeds in court rather than arbitration, you and Gem Core knowingly waive the right to a jury trial to the fullest extent permitted by law.

29.7 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice within 30 days after the date you first accept these Terms.

The opt-out notice must include:

Your account email;
The date you first accepted the Terms;
A clear statement that you reject the arbitration agreement; and
Your electronic or physical signature.

Send the notice to [ARBITRATION OPT-OUT EMAIL OR ADDRESS].

Opting out of arbitration will not affect the remaining Terms or your ability to use the Services.

29.8 Time for Bringing Claims

To the extent permitted by law, a claim must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to the claim.

When applicable law requires a longer limitations period that cannot be shortened by agreement, that legally required period will apply.

30. DISCLAIMER OF WARRANTIES

Except for an express written promise made in these Terms or on the applicable order form, the website, customer portal, databases, reports, and digital features are provided on an “as available” basis.

To the fullest extent permitted by law, Gem Core disclaims implied warranties concerning:

Merchantability;
Fitness for a particular purpose;
Title;
Noninfringement;
Continuous availability;
Error-free operation;
Compatibility;
Data accuracy; and
Freedom from harmful code.

Gem Core does not guarantee that:

The website will always operate without interruption;
Every database entry will be complete;
Every photograph will perfectly reproduce physical color;
A QR code or external link will remain available forever;
A population report will be free from delayed or duplicate data;
A grading decision will never contain an error; or
Third-party services will remain available.

Some jurisdictions do not permit particular warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent allowed.

31. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Gem Core and its related parties will not be responsible for:

Indirect damages;
Incidental damages;
Punitive damages;
Exemplary damages;
Special damages;
Consequential damages;
Loss of profit;
Loss of business opportunity;
Loss of anticipated appreciation;
Loss of reputation;
Loss of customer data caused by the customer;
Emotional or sentimental value; or
Damages based on a speculative resale or auction result.

“Related parties” means Gem Core’s current and future parent companies, subsidiaries, affiliates, members, managers, officers, employees, contractors, agents, insurers, service providers, successors, and permitted assigns.

For a proven physical loss or damage to a submitted item during accepted custody, the exclusive compensation limits are stated in Section 21.

For all other claims, Gem Core’s total aggregate liability will not exceed the amount the customer paid Gem Core for the specific order or Service that directly caused the claim.

The limitations in these Terms do not apply to fraud, willful misconduct, gross negligence, personal injury caused by Gem Core where liability cannot be waived, or another category of liability that applicable law prohibits Gem Core from limiting.

Each limitation is intended to apply independently, even if another remedy fails of its essential purpose.

32. CUSTOMER INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gem Core and its related parties from a third-party claim, loss, judgment, penalty, liability, or reasonable legal expense arising from:

Your violation of these Terms;
Your lack of ownership or authority over a submitted item;
A dispute between you and the actual owner;
Your submission of stolen, counterfeit, unlawfully altered, or prohibited property;
False or misleading information you provide;
Your infringement of another person’s intellectual-property, privacy, or publicity rights;
Your fraudulent use of a certificate, label, holder, image, or grading record;
Your illegal conduct;
Content you upload or publish through the Services; or
Your resale or advertisement of an item using information you know is false.

Gem Core may control the defense of a covered third-party claim. You may not settle a claim in a manner that admits fault by Gem Core or imposes an obligation on Gem Core without written approval.

This section does not require you to indemnify Gem Core for a claim caused solely by Gem Core’s gross negligence, fraud, or willful misconduct.

33. PRIVACY

Gem Core’s collection and use of personal information is governed by its separate Privacy Policy, which is incorporated into these Terms.

The Privacy Policy should describe, among other things:

Information collected;
Purposes of collection;
Payment processing;
Shipping providers;
Account records;
Cookies and analytics;
Card images and certification data;
Data retention;
Customer choices;
Security practices; and
Applicable privacy rights.

You acknowledge that no electronic system or method of storage is guaranteed to be completely secure.

34. ELECTRONIC COMMUNICATIONS

You consent to receive transactional communications electronically, including:

Order confirmations;
Payment notices;
Shipping updates;
Account alerts;
Security notices;
Grade-completion notices;
Requests for information;
Updated Terms; and
Legally required disclosures.

Marketing email and text-message consent will be obtained separately when required.

You are responsible for keeping your email address and telephone number current.

Electronic records satisfy any requirement that a communication be in writing to the extent permitted by law.

35. THIRD-PARTY PROVIDERS

Gem Core may use third parties for:

Payment processing;
Cloud hosting;
Database services;
Email delivery;
Text messaging;
Shipping;
Insurance;
Analytics;
Fraud prevention;
Card-data research;
Customer support; and
Other business operations.

Gem Core is not responsible for a third party’s independent products, websites, terms, outages, decisions, or conduct, except where applicable law provides otherwise.

Links to third-party websites do not constitute an endorsement.

36. SUSPENSION AND TERMINATION

Gem Core may suspend or terminate an account or Service when reasonably necessary to:

Enforce these Terms;
Prevent fraud;
Protect customer property;
Protect the website or databases;
Investigate suspicious activity;
Comply with law;
Respond to a payment dispute;
Protect employees or contractors; or
Address abusive or threatening conduct.

Termination does not eliminate payment obligations, ownership responsibilities, dispute provisions, intellectual-property protections, or other provisions that logically survive termination.

37. EVENTS OUTSIDE REASONABLE CONTROL

Gem Core will not be responsible for delay or failure caused by circumstances outside its reasonable control, including:

Fire;
Flood;
Earthquake;
Severe weather;
Natural disaster;
Epidemic;
War;
Terrorism;
Civil unrest;
Government action;
Labor disruption;
Utility failure;
Internet outage;
Cyberattack;
Carrier disruption;
Supply shortage;
Equipment failure despite reasonable maintenance; or
Failure of a third-party provider.

Gem Core will use commercially reasonable efforts to resume affected Services.

38. GOVERNING LAW AND COURT LOCATION

Except where federal law applies or applicable consumer law requires otherwise, these Terms are governed by California law without applying conflict-of-law rules.

A court proceeding that is permitted under these Terms must be filed in a state or federal court with jurisdiction in San Diego County, California, except when applicable law gives the consumer the right to proceed elsewhere.

39. CHANGES TO THESE TERMS

Gem Core may update these Terms to reflect:

New Services;
Changes in operations;
Changes in technology;
Legal or regulatory requirements;
Security needs; or
Business developments.

The updated version will display a new effective date.

Material changes will apply prospectively after reasonable notice when required. Changes to dispute-resolution terms will not retroactively alter the handling of a dispute for which a complete written dispute notice was already received.

Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.

40. ASSIGNMENT

You may not transfer your account, submission agreement, or rights under these Terms without Gem Core’s written consent.

Gem Core may assign these Terms as part of a merger, financing, reorganization, sale of assets, change of control, or transfer to an affiliated or successor company.

41. SEVERABILITY

If a provision is found unenforceable, it will be enforced to the greatest lawful extent or removed only to the extent necessary.

The remaining provisions will continue in effect.

The special severability provisions in the arbitration section control disputes concerning arbitration, class waivers, or representative claims.

42. NO WAIVER

A delay or failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only when made in writing by an authorized representative of Gem Core.

43. NO AGENCY OR PARTNERSHIP

These Terms do not create an employment, partnership, franchise, fiduciary, joint-venture, trustee, or agency relationship between the customer and Gem Core.

Neither party may bind the other except as expressly stated.

44. ENTIRE AGREEMENT

These Terms, the Privacy Policy, the applicable order form, and any specifically incorporated service terms form the complete agreement concerning the applicable Services.

They replace prior discussions or representations concerning the same subject, except for a separate written agreement signed by an authorized representative of Gem Core.

45. HEADINGS AND INTERPRETATION

Section headings are provided for convenience and do not limit the meaning of a provision.

Words such as “including” mean “including without limitation.”

A provision will not be interpreted against a party merely because that party drafted it.

46. CONTACT INFORMATION

Questions concerning these Terms may be sent to:

Gem Core Grading Operated by: Gem Core Grading Website: gemcoregrading.com Email: admin@gamcoregrading.com Legal notices: admin@gemcoregrading.com Mailing address: 2801 B St. Unit #2161 San Diego, CA 92102

Terms Of Service