Terms of Service

PLEASE READ SECTION 12: IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT, AND WAIVES CLASS ACTIONS AND JURY TRIALS.

1. Who we are and what these terms cover

Brich House LLC ("Brich House", "we"), a New Jersey limited liability company, 331 Newman Springs Rd, Ste 320, Red Bank, NJ 07701, provides brich.house, its client portal, its loss registry and its market insight notes (the "Services"). By using the Services you agree to these terms. Work we do under a signed engagement letter is also governed by that letter, which prevails if the two conflict. Contact: hello@brich.house.

2. The Services

(a) Verification. We check an item against identifiers that can be checked, such as a grader's certificate record, serial numbers, VINs, maker records and photographs, and we record the result and its sources.

(b) Records. We record who holds an item, under whose instructions, and what releases are made.

(c) Market insight notes. These are dated notes on recorded market activity.

(d) Platform services. We provide verification and record services to platforms, including digital pull and break platforms.

(e) Loss registry. Users may report items as lost or stolen, and others may check items against the reports.

3. What the Services are not

(a) Not custody. We do not take possession of items and are not a bailee or warehouse. Any custody is provided by a custodian under its own agreement with you, which alone governs its responsibility for the goods and any insurance. Our records are not warehouse receipts or documents of title, and they create no rights in any item.

(b) Not a party to sales. We are not a party to any purchase, sale or transfer of an item, and we make no representation or warranty about any item.

(c) Not authentication, grading or appraisal. Verification records the checks made, against the sources named, on the date shown. A grader's certificate is the grader's statement. We do not guarantee any item's authenticity, condition, provenance, title or value.

(d) Not platform approval. Providing services to a platform is not an assessment or approval of its games, odds, prizes, pricing, operations or legal status. Each platform is solely responsible for these and for its terms with its users.

(e) Not advice. Notes and any other content are information only. They are not investment, financial, tax, legal or insurance advice, not a forecast or appraisal, not a recommendation, and not an offer to buy or sell anything. Collectibles are illiquid and volatile and can lose value. You are solely responsible for your decisions.

(f) Loss reports. A loss report is the statement of the person who made it. We do not verify reports, and a report or its absence is not a finding about any item or person. We may share a report, including the reporter's contact details, with anyone checking the item, with platforms, custodians and law enforcement, as the law requires, or with the reporter's consent. We may decline, edit or remove any report.

4. Accounts

You are responsible for your account, your users, all activity under your credentials, and the accuracy of everything you submit. We may suspend or close any account or access at our discretion, including for suspected breach, fraud, risk to the Services or legal requirement.

5. Acceptable use

You will not:

• scrape, copy, resell or redistribute the Services or their content without our written permission;
• submit content you have no right to submit, or that is false or misleading;
• access or try to access others' records;
• probe, test or interfere with the Services' security or operation;
• use the Services to deceive anyone about an item, its history or its holder;
• use the Services in breach of any law.

Loss reports. By making a loss report, you confirm that you are the owner or are authorised by the owner, and that the report is true and made in good faith. You are responsible for any claim arising from a report you make.

6. Fees and payment

Fees are as stated in your engagement letter or at checkout, and are payable as stated. Payments are processed by a third-party payment processor under its own terms. Fees exclude taxes, which you pay where applicable. Fees paid are non-refundable except as stated in an engagement letter or required by law.

7. Intellectual property

The Services, notes, records formats, methods and software are owned by Brich House or its licensors, and protected by law. You may view public notes and share links to them; any other use needs our written permission. You keep ownership of what you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process (including by automated and AI tools), display and use it to provide, secure and improve the Services and as the law requires. We may use feedback you give us without obligation.

Copyright complaints: send notices to hello@brich.house, marked "Copyright notice", with the information required by 17 U.S.C. §512(c)(3). We may remove material and close the accounts of repeat infringers.

8. Third parties and disputes between users

The Services refer to, and depend on, third parties: graders, custodians, platforms, marketplaces and data sources. We are not responsible for them, their acts or their content.

You release Brich House from all claims arising from disputes between you and any other user, holder, reporter, custodian or platform. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9. Disclaimer of warranties

THE SERVICES AND ALL CONTENT, RECORDS, REPORTS AND NOTES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, BRICH HOUSE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS AND UNINTERRUPTED OR ERROR-FREE OPERATION.

10. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

• (a) BRICH HOUSE AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF VALUE IN ANY ITEM, LOSS OF DATA OR LOSS OF GOODWILL, HOWEVER CAUSED;
• (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND US$100;
• (c) ANY CLAIM MUST BE BROUGHT WITHIN ONE YEAR AFTER IT ARISES.

These limits apply to every theory of liability. They do not apply to liability that cannot be limited by law, including for our fraud. If you are a consumer in New Jersey or elsewhere, any limit that your state's law does not allow does not apply to you, and the rest of these terms remain in force.

11. Indemnity

You will defend, indemnify and hold harmless Brich House and its members, managers, employees, agents and affiliates against all claims, losses, liabilities and costs (including reasonable attorneys' fees) arising from: your use of the Services; content or reports you submit; your breach of these terms; or your dispute with any third party. We may control the defence of any claim, at your cost.

12. Disputes: notice, arbitration and class waiver

(a) Notice and cure. Before starting any claim, the claiming party sends a written notice describing the claim and the relief sought: to hello@brich.house, or to the user's account email. The parties then try in good faith for 60 days to resolve it, and a claim filed before then is dismissed.

(b) Arbitration. Any dispute arising from or relating to these terms or the Services is resolved by binding individual arbitration administered by the American Arbitration Association: under its Consumer Arbitration Rules if you are an individual using the Services for personal purposes, and otherwise under its Commercial Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator decides all questions of arbitrability, except the enforceability of (d), which a court decides.

(c) Small claims. Either party may instead bring an individual claim in the small claims section of the Special Civil Part of the Superior Court of New Jersey, Monmouth County, while it stays within that court's limits.

(d) Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone other than the individual party.

(e) Mass filings. If 25 or more similar claims are filed by or with the help of the same counsel or organisation, they are administered in batches of up to 25, with one arbitrator per batch, and the remaining claims wait until each batch is decided. Limitation periods are paused meanwhile.

(f) WAIVER OF COURT AND JURY. BY AGREEING TO THESE TERMS, YOU AND BRICH HOUSE EACH GIVE UP THE RIGHT TO GO TO COURT (EXCEPT SMALL CLAIMS) AND THE RIGHT TO A JURY TRIAL. AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE THE DISPUTE.

(g) Opt-out. You may opt out of this section 12 by emailing hello@brich.house within 30 days after you first accept these terms, giving your name and account email.

(h) If arbitration does not apply. If this section does not apply to a dispute, or is found unenforceable, the dispute is heard only in the Superior Court of New Jersey, Monmouth County, or the US District Court for the District of New Jersey. To the extent the law allows, each party waives trial by jury, and the class waiver in (d) still applies.

(i) Governing law. New Jersey law governs these terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs this section 12.

13. General

• Changes. We may change these terms at any time by posting a new version with its effective date. Changes apply from that date, and continued use means acceptance. We may also notify account holders by email. A change to section 12 does not apply to a dispute already noticed under 12(a).
• Electronic communications. You agree to receive notices and communications electronically.
• Assignment. We may assign these terms; you may not without our written consent.
• Other terms. There are no third-party beneficiaries. Our failure to enforce a term is not a waiver. If any part is unenforceable, the rest stands. These terms, any engagement letter and our Privacy Policy are the entire agreement on their subject.
• Survival. Sections 3, 5 and 7 to 13 survive termination.
• Force majeure. We are not liable for any delay or failure beyond our reasonable control.