Loss register terms

1. What the register is

The Brich House loss register is a record of graded cards reported lost or stolen. It is run by Brich House LLC ("Brich House", "we"), a New Jersey limited liability company. A person checking a cert at brich.house/check sees whether that cert has an open report, and its reference. These terms apply to everyone who makes a report ("you"). They add to our Terms of Service. For loss reports, these terms prevail where the two differ, including over section 3(f) of the Terms of Service.

2. Who may register

You may register a card if you own it, if you act for its owner with the owner's authority, if you insure it, or if you register it for a police agency that holds a report on it. One report covers one card, identified by its grader and cert number.

3. What we do, and what we do not do

We record reports, answer checks, and notify. When a registered card is found, we tell the registrant or the registrant's insurer, and the police where appropriate.

We do not seize, hold, buy, sell or take possession of any card. We do not negotiate with anyone for its return, pay or receive any reward or ransom, or act as your agent, lawyer or investigator. Recovery is for you, your insurer and the police. We are not a party to any dispute over a card.

4. Review before a report is open

Every report is pending when it arrives. A reviewer checks the cert against the grader's own public lookup and checks that the grader's record matches the card you describe. Only then do we accept the report and open it. We may ask for more information, and we may decline any report without giving a reason. A pending or declined report is never shown on a check.

5. What a check shows

A check of a cert with an open report shows only that the cert has an open report in the Brich House loss register, a request not to complete the purchase, and the report's reference. It never shows your name, contact details, insurer, claim number, police report number, the place or the dates. A check of any other cert shows that there is no open report. We never publish a list of registered cards.

A check shows the state of the register at the moment of the check. An open report is the registrant's statement, checked against the grader's record. It is not a finding about any card, holder or seller.

6. When a registered card is found

When a check, or anything else that comes to us, points to a registered card, a person at Brich House reviews it and contacts you or your insurer. Where appropriate, and with your agreement or as the law requires, we also tell the police. Nothing is sent to anyone automatically. What happens next is for you, your insurer and the police to decide.

7. Fees

• (a) Registration fee. US$20.00 per report, for owners and those acting for owners. It is invoiced when we accept the report and is due within 30 days of the invoice. Nothing is due for a report we decline. Once a report is accepted, the fee is not refundable, except as the law requires.
• (b) Insurers and police. Insurers and police agencies register free.
• (c) Recovery fee. 5% of the recovered value, payable only if the card is recovered after we notify you, your insurer or the police of it. It is payable by the person who receives the card back or, where an insurer has paid the claim, by the insurer. It is invoiced on recovery and due within 30 days of the invoice. No recovery fee is charged to a police agency.
• (d) Recovered value. The amount an insurer pays or credits for the card. Where there is no insurer, it is the card's fair market value on the day it is recovered, as agreed with you in writing, or failing agreement, the price of the most recent recorded public sale of the same card in the same grade.
• (e) Taxes. Fees exclude taxes, which you pay where they apply.

8. Your details: how they are kept and when they are disclosed

We keep only what recovery needs: your name, email and phone; the insurer or agency registering; where the loss happened; the police report number; and the insurer and claim number. These details and your photos are sealed: they are encrypted when they arrive, they are never shown on a public page or in a check, and only a Brich House reviewer can open them. Each opening is logged.

We disclose your sealed details only:

• (a) to the insurer named in your report, for the claim;
• (b) to the police, on a lawful request, or when we tell them of a found card with your agreement;
• (c) as a law, regulation, subpoena or court order requires; or
• (d) with your consent.

We never sell your details or give them to the holder or seller of a card. Our Privacy Policy applies to everything else about your information. We keep a report and its sealed details while it is open, and after it is closed for as long as the law requires, then delete them.

9. Accuracy of reports, and your warranty

By making a report, you warrant that: everything in it is true, complete and made in good faith; you are entitled to register the card under section 2; and you have the right to give us the details and photos you send. You agree to tell us promptly at hello@brich.house if anything in the report changes, including if the card is recovered by any route, or if an insurer pays the claim.

10. False reports

Making a false or misleading report may be a crime. If we believe a report is false or made in bad faith, we may close it at once, keep any fee paid, and report it to the police. You agree to defend, indemnify and hold harmless Brich House and its members, managers, employees, agents and affiliates against any claim, loss, liability or cost (including reasonable attorneys' fees) arising from a report you make, or from your breach of these terms.

11. Removing or closing a report

You may ask us to remove your report at any time by writing to hello@brich.house with its reference. We remove it once we have confirmed the request comes from you. We close a report when the card is recovered, and we may close or remove any report at our discretion, including when it cannot be verified or its details are out of date. A closed or removed report no longer shows on a check, and fees already due remain due.

12. No guarantee of recovery

We do not guarantee that a registered card is found, that anyone checks its cert, that a check reaches us in time, or that a card is recovered. A cert can be removed from a card, or a card can be graded again under a new cert, and a check of the new cert does not show your report. The register is one help to recovery, not a substitute for a police report or for insurance.

13. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (a) THE REGISTER, CHECKS AND NOTICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY; (b) BRICH HOUSE IS NOT LIABLE FOR ANY LOSS ARISING FROM A REPORT, A CHECK, A NOTICE OR THE ABSENCE OF ONE, OR FROM THE RECOVERY OR NON-RECOVERY OF ANY CARD; AND (c) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO A REPORT IS LIMITED TO THE FEES YOU PAID US FOR THAT REPORT. Section 10 of the Terms of Service also applies. These limits do not apply to liability that cannot be limited by law.

14. Law and disputes

New Jersey law governs these terms, without regard to conflict-of-laws rules. Disputes are resolved as section 12 of the Terms of Service sets out, including its notice period, individual arbitration and class action waiver.

15. Changes

We may change these terms by posting a new version with its date. A change applies to reports made after that date. A change to the fees never applies to a report already accepted. Questions: hello@brich.house. To make a report: brich.house/register-a-loss.