TERMS OF USE

Key Takeaways to Remember

Please take the time to read and understand the terms of use before signing it. Stay tuned for additional step-by-step instructional videos from your friends at VHSDNA.

  1. VHSDNA RESERVES THE RIGHT TO REFUSE ANY ITEM FOR ANY REASON
  2. TURNAROUND TIME – NOT GUARANTEED

This is defined by the amount of time it takes to get your VHSs back from VHSDNA. VHSDNA turnaround times are estimates and not guarantees, and they do not include weekends or holidays. So, for example, even if a submitter chooses the 10-business-day turnaround service on the submission form it may take a little longer and that is based on any number of factors, including but not exclusive to the volume of VHSs already in the queue over at VHSDNA headquarters. The company will certainly do its best to honor all requests, but please note that turnaround times are not guaranteed.

  1. FIVE-DAY REVIEW

Upon receiving VHSs back from VHSDNA, there is a five-day review period in which collectors can inspect their orders to check for either cases damaged in transit and/or mechanical errors. The latter is defined by, for example, the wrong VHS number or set name being added to the VHSDNA label, as well as other typographical errors and/or omissions.

NOTE: This collector satisfaction period does not apply to the grade your VHS was awarded. That subject can be reviewed at any time.

  1. VHSDNA WILL NOT grade any item which exhibits the following:
  • Restoration defined as any foreign and permanent addition to an item (examples include ink used to cover flaws, added or re-sealed cellophane, etc.) VHSDNA reserves the right to determine what constitutes restoration.
  • Reproduction Items
  • Incomplete Items
  • Hand-made pieces excluding prototypes, pre-production items, and licensed release items.
  • Double-Taped items in which the bottom layer of tape has been cut.
  • Extensive damage which is deemed likely to worsen if sealed in a case.

             VHSDNA reserves the right to refuse any item for any reason.

  1. LOGISTICS YOU CAN TRUST

During shipping AND receiving, we treat every VHS as if it were our own.

It’s important, because in order to submit VHSs for grading, collectors need to fully understand the terms and agree to them before signing the agreement.    

Terms of Use

This Terms of Use Agreement (“Agreement”) governs all access to and use of this site and all information available on this site (collectively, the “VHSDNA Site”) and constitutes a binding agreement between you and VHSDNA, LLC. (dba VHS DNA, LLC), a Texas Limited Liability Company (“VHSDNA”). Any person who accesses the VHSDNA Site expressly accepts the terms of use of this Agreement.

In VHSDNA’s sole discretion, VHSDNA reserves the right to modify any of the terms of use contained in this Agreement or any policies or guidelines governing the VHSDNA Site or the contents of the VHSDNA Site or modify or discontinue any of VHSDNA’s products or services, at any time, without notice, and without liability to you (including, without limitation, changes to VHSDNA census data, VHSDNA tutorials, the VHSDNA database, the VHSDNA registry, and the VHSDNA customer loyalty and dealer loyalty programs). Any changes will be effective upon posting the revised Agreement on the VHSDNA Site.

I. Use of the VHSDNA Site.

The VHSDNA Site is not intended for commercial use. You may view, copy, print and use content gathered from the VHSDNA Site solely for your personal use, so long as (a) you use the content available on the VHSDNA Site solely for informational and noncommercial purposes, (b) no text, graphics, or other content available on the VHSDNA Site is modified in any way, and (c) no graphics (including, without limitation, logos or copyright notices) contained on the VHSDNA Site are used, copied or distributed separately from the accompanying text available on the VHSDNA Site. Other than as expressly provided in this Agreement, your use of the VHSDNA Site does not confer any license or grant any right to use any intellectual property of VHSDNA.

The VHSDNA Site contains links to, and can be accessed from links on, other websites, including, without limitation, authorized VHSDNA dealers and other parties. Such parties are not agents of VHSDNA nor does VHSDNA have any responsibility for or control over the content, availability, operation, or performance of any third-party websites. VHSDNA’s reference to any product, service, or other offering of any third party does not necessarily constitute or imply VHSDNA’s endorsement or recommendation thereof. Any views expressed by third parties on the VHSDNA Site are solely the views of such parties, and VHSDNA assumes no responsibility for the content or accuracy of any statement of any third party.

II. Shipping Liability.

VHSDNA may ship Goods directly to you, or VHSDNA may use a third-party fulfilment center in connection with the shipment of Goods. When shipping Goods to you, we will use the current address of record for your account. Please update this address as necessary. If the address is changed and we have not been notified, we will not be liable for any failure to complete an order or complete a shipment of Goods.

Services will not be provided until complete payment is received by VHSDNA or its partners. VHSDNA may use a third party to process your payment. If VHSDNA is not able to process your payment on the first try, it has the right, but no obligation, to re-run the credit card. If the payment is not processed, no services will be provided. VHSDNA or its partners will attempt to contact you to advise that the payment could not be processed but may not always be successful. It is your reasonability to confirm that an order was accepted. VHSDNA is not responsible for any delays or failures to ship in the event a payment could not be processed.

VHSDNA or its partners will ship the Goods, once payment is processed, to the address submitted in connection with your order of Goods. In the event that the address is not correct, or the shipment cannot be made to that address, the Goods will be returned to VHSDNA or its partners and you may still be responsible for shipping costs.

If you order Goods and your payment cannot be processed or shipment cannot reach you, VHSDNA may sell the Goods you ordered to a third party, and VHSDNA will not be responsible in the event an item sells out and you are not able to re-order it.

III. No Guarantee of Value Added.

This is a novelty item intended for personal use. Any suggestion of value addition is purely opinion based.

IV. Third-Party Websites.

The VHSDNA Site may contain links or have references to apps controlled by parties other than VHSDNA. VHSDNA is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party apps. VHSDNA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VHSDNA of the linked Website and/or the content and materials found at the linked Website, except as specifically stated otherwise by VHSDNA. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

 

V. Information Disclosed to VHSDNA or on the VHSDNA Site.

If you send VHSDNA feedback or other information, including, without limitation, ideas, comments, suggestions, or questions regarding any VHSDNA product or service or the content of the VHSDNA Site, such information will be deemed to be non-confidential and VHSDNA will have no obligation of any kind with respect to such information and will be free to reproduce, use (including, without limitation, for the development, marketing and sale of any product or service or any modification to the VHSDNA Site), disclose, and distribute the information to others without limitation or payment of any kind.

By displaying or publishing any content or information on or through the VHSDNA Site, you hereby grant to VHSDNA a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content or information. You represent and warrant that you own the content or information that you post on the VHSDNA Site or otherwise have the right to grant the license set forth above, and the posting of your content or information does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content or information you post.

You may not post anyone else’s contact information (including, without limitation, e-mail address, phone number, physical address, IP address, etc.) or other personal or confidential information of another, without that person’s express written consent. You may not take any actions that interfere with the operation of the VHSDNA Site. You agree not to use the VHSDNA Site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although VHSDNA does not and cannot review all postings on the VHSDNA Site and is not responsible for the content of any of the information posted on the VHSDNA Site by third parties, VHSDNA reserves the right to delete any post, thread, image, profile, avatar, or attachment for any or no reason whatsoever.

Information posted to the VHSDNA Site by third parties is solely the opinion and responsibility of the person posting the information. You agree to indemnify and hold harmless VHSDNA and VHSDNA’s agents, successors, and assigns, with respect to any claim based upon any information posted on or provided through the VHSDNA Site. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. VHSDNA may terminate your use of the VHSDNA Site if you infringe on the copyright rights of others upon receipt of notification by the copyright owner or the copyright owner’s legal agent.

VI. Permitted Activities on the VHSDNA Site.

VHSDNA reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect VHSDNA’s systems and customers, or to ensure the integrity and operation of VHSDNA’s business and systems, VHSDNA may access and disclose any information it considers necessary or appropriate, including, without limitation, any information you provide to VHSDNA through the VHSDNA Site or otherwise, IP address and traffic information, usage history and posted content. Any personal information you choose to disclose to VHSDNA or post on the VHSDNA Site is at your sole risk, and VHSDNA assumes no responsibility for the information you post, or any third-party posts, on the VHSDNA Site.

VHSDNA reserves the right, but assumes no obligation, to monitor any activity and content associated with the VHSDNA Site. VHSDNA may investigate any reported violation of its policies or complaints and take any action that VHSDNA deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of access to the VHSDNA Site or any features thereof, or removing any materials from the VHSDNA Site. VHSDNA reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable. If you suffer damages from VHSDNA’s investigation or actions as a result thereof, you agree that VHSDNA will not be liable to you for such damages for any reason or under any circumstances.

 

VII. VHSDNA Census Report.

VHSDNA’s grading and certification services do not guarantee the value of any VHS or the presence of a market for VHS. The VHSDNA census report cannot be relied upon as a tool for assessing the number of any certain VHS that may be available in the market or the value of any VHS. The data in the census report is unreliable for numerous reasons. For example, inexpensive VHS may appear scarce in the census simply because they are not often submitted for certification, even though they are in fact not scarce. Also, certified VHS may be removed from their case without notification to VHSDNA, which may result in inaccurate data being included in the census.

 

VIII. Information VHSDNA May Collect.

To use certain services on the VHSDNA Site, we may require you to give us contact information, which may include, but is not limited to, your name, birthdate, mailing address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the VHSDNA Site. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the VHSDNA Site, although not providing it may hinder your ability to use the VHSDNA Site and/or certain services available from VHSDNA or through the VHSDNA Site.

 

We use the information that we collect to provide and maintain the VHSDNA Site as we deem appropriate in our sole discretion and to provide our services. We may also use the information to contact you regarding VHSDNA’s products and services, and to send information regarding our company or others involved in the VHS certification industry, such as dealers or promotions. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the VHSDNA Site and may send a newsletter or other correspondence to you. You will have an opportunity to unsubscribe from any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use services provided by VHSDNA, you may continue to receive email correspondence from us related to such services. 

 

IX. Credit Cards.

IF YOU PURCHASE GOODS OR SERVICES, YOUR CREDIT CARD WILL BE CHARGED.

 

If you provide credit cards or other authorized payment method information to VHSDNA, you authorize VHSDNA, or a credit card processor of VHSDNA’s choosing, to receive appropriate billing information and charge your credit card. VHSDNA or its third party processors will use the credit card information you provide in connection with your order. VHSDNA’s use of your credit card information is covered by the Privacy Policy then in place.

 

X. Children.

VHSDNA does not wish to collect any Personal Information (or any information at all) from any persons under 14 years old. VHSDNA does not accept Submissions from persons under the age of 14. If you are under 14 years old, you may not use the VHSDNA Site.

 

XI. Reviewing and Updating Your Information.

If you register for an account on the VHSDNA Site or enroll in our customer loyalty or dealer loyalty program, you may review and update your account information by logging into your account with your username and password.

 

XII. Cookies.

When you access the VHSDNA Site, we may store some information on your computer’s hard drive. This information will be in the form of a “cookie.” Most web browsers automatically accept cookies, but you can change your browser to prevent cookies. Without accepting a cookie, your use of the VHSDNA Site may be adversely affected.

 

XIII. Termination.

You or we may suspend or terminate your account or your use of the VHSDNA Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the VHSDNA Site at any time without notice.

 

XIV. Transmission Data Security.

Data that is transported over an open network, such as the Internet or e-mail, may be accessible to others. VHSDNA cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. For example, although individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created.

 

      Your data may be lost during transmission or may be accessed by unauthorized parties. VHSDNA does not accept any liability for direct or indirect losses that result from the security of your Personal Information or data during its transfer via the Internet, email, or any other means.

 

XV. Disclaimers.

The VHSDNA Site may be unavailable from time to time due to mechanical, telecommunications, software, and third-party vendor failures, and VHSDNA is not responsible for lost data or your inability to access the VHSDNA Site for any reason. VHSDNA makes commercially reasonable efforts to provide accurate information and related materials on the VHSDNA Site, but VHSDNA is not responsible for misprints, out of date information, technical or pricing inaccuracies, typographical or other errors on the VHSDNA Site. The VHSDNA Site and all information and related materials on the VHSDNA Site are provided “as is.” VHSDNA makes no claims or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of the VHSDNA Site or the information and materials it contains.

 

VHSDNA MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, THE VHSDNA SITE OR THE CONTENTS OR PROGRAMS AVAILABLE ON OR THROUGH THE VHSDNA SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND/OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. VHSDNA WILL HAVE NO LIABILITY FOR ANY INACCESSIBILITY OF THE VHSDNA SITE, ANY VIRUS, TRAPS OR OTHER HARMFUL CODE DIRECTLY OR INDIRECTLY TRANSMITTED BY OR THROUGH THE VHSDNA SITE, OR ANY DELAY OR FAILURE OF ANY TRANSMISSION, COMMUNICATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE VHSDNA SITE. IN NO EVENT WILL VHSDNA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF VHSDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS. VHSDNA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR SERVICES RECEIVED FROM VHSDNA.

 

XVI. Representations and Warranties.

Each party represents and warrants that it has the power and authority to enter into these Terms. VHSDNA warrants that it will provide the VHSDNA Site in a manner consistent with its business practices, as VHSDNA, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms their behalf.

 

XVII. Disclaimer of Warranties.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY VHSDNA, THE MATERIALS ON THE WEBSITE, THE WEBSITE AND THE GOODS ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, VHSDNA AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. VHSDNA AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VHSDNA AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER VHSDNA NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND GOODS AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. VHSDNA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY VHSDNA, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. VHSDNA EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

 

XVIII. Claims.

YOU AND VHSDNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VHSDNA SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

XIX. Applicable Law and Venue.

i. To the fullest extent permitted by applicable law, you and VHSDNA agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

 

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VHSDNA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VHSDNA.

 

You and VHSDNA agree to arbitrate any dispute arising from these Terms of Service or your use of the VHSDNA Services, except that you and VHSDNA are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VHSDNA agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to VHSDNA shall be sent to: 111 SOUTH TRAVIS STREET, SHERMAN, TEXAS, UNITED STATES, 75090. You and VHSDNA further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Grayson County, Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS, though JAMS may or may not be used at the sole discretion of VHSDNA; and that the state or federal courts in Grayson County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. The arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and VHSDNA will not commence against the other a class action, class arbitration, or other representative action or proceeding.

ii. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Use will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil courts within your jurisdiction of residence.

 

XX. Miscellaneous.

No agency, partnership, franchise, joint venture, or employment relationship is intended or created by this Agreement. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.