Privacy Policy - Cash For My Old Gold

Hot Line: 1-800-399-9702

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Terms and Conditions

TERMS OF SERVICE

The terms and conditions below are legally binding on you as a user of the Cash for My Old Gold service, the Cash for My Old Gold website(s), and/or as a customer of Cash for My Old Gold, and inure to the benefit of Cash for My Old Gold and its successors and assigns.

1. Requirements for use. You must be and, by requesting, receiving or using a Cash for My Old Gold kit or other Cash for My Old Gold materials, sending Cash for My Old Gold any gold, diamonds, jewelry, watches or other property or items, whether using a Cash for My Old Gold kit, other materials provided by Cash for My Old Gold or otherwise (individually, an "Item", and collectively, "Items"), or otherwise conducting business with Cash for My Old Gold, you represent and warrant that you are: (i) At least eighteen (18) years of age; (ii) The actual legal owner of any and all Items sold or attempted to be sold to Cash for My Old Gold or specifically authorized in writing to sell the Items to Cash for My Old Gold; (iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and (iv) Intending and agreeing to be legally bound by these terms and conditions. Cash for My Old Gold may request documentation or other proof of compliance with any of these requirements.

You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to Cash for My Old Gold and that you have full authority to solely engage in the transaction with Cash for My Old Gold. You agree to and will indemnify and hold harmless Cash for My Old Gold from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to Cash for My Old Gold.

2. Payment and Return (i) After receipt and appraisal of your Item(s), Cash for My Old Gold will issue a check that constitutes Cash for My Old Gold's payment for the purchase of your Item(s). Upon Cash for My Old Gold's delivery of the check, your cashing, deposit or other endorsement of the check, or your failure to provide timely notice of return as provided in item 2(ii) below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Item(s) back from Cash for My Old Gold. (ii) If you do not wish to keep Cash for My Old Gold's check and would like your items back, you must call Cash for My Old Gold at 1-800-399-9702 to provide notice of your return request to a customer service representative within ten (10) days of the date on the check. Even if you call, you must also return your check to the Post Office Box indicated on the top left portion of the check. If Cash for My Old Gold receives your phone call within such ten (10) day period, then after receiving your check Cash for My Old Gold will return your Item(s), without charge to you, within fifteen (15) business days. (iii) Cash for My Old Gold does not provide written appraisals. In advance of Cash for My Old Gold's issuing a check, you may request a telephone or e-mail quote for your Item(s). Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment by check will be issued promptly by Cash for My Old Gold, and you will not have the opportunity to return your check and receive your items back from Cash for My Old Gold. Conversations and negotiations may, at the discretion of Cash for My Old Gold, be monitored and/or recorded.

3. Limitations of liability (i) Cash for My Old Gold will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than Cash for My Old Gold, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until Cash for My Old Gold acknowledges receipt and verification of your Item(s), even if you send Items in a Cash for My Old Gold kit or other materials provided by Cash for My Old Gold. (ii) If you use the Postal Service prepaid Cash for My Old Gold kit, in the event of loss of or damage to the contents of a Cash for My Old Gold kit, that you properly ship to Cash for My Old Gold in accordance with the instructions and procedures set forth in the Cash for My Old Gold kit materials, Cash for My Old Gold will, subject to these terms and conditions, pay you (and Cash for My Old Gold's liability will be limited to) an amount equal to the lesser of the one-third (1/3) of the appraised value of the lost contents or One Hundred Dollars ($100.00). Cash for My Old Gold reserves the right, in its sole discretion, to reject delivery of any mail or package that appears damaged, opened or tampered with. Any such rejected mail or package will be returned to you, and Cash for My Old Gold will have no liability in connection with any such attempted delivery or return of any Item(s). Accordingly, if you anticipate the value of your Items to be in excess of $100.00, you should send them to Cash for My Old Gold via UPS or the Postal Service and insure your Item(s) against loss in transit to Cash for My Old Gold for your full anticipated value. (iii) In the event of a loss or damage after Cash for My Old Gold acknowledges receipt and verification of an Item, Cash for My Old Gold's liability will be limited to one-third (1/3) of the appraised value of the lost or damaged Item or Five Thousand Dollars ($5,000.00), whichever is less. (iv) If you do not provide Cash for My Old Gold with an original sales slip or written third party appraisal (issued prior to delivery to Cash for My Old Gold) for the Item, the value of your Item for purposes of Cash for My Old Gold's liability will be $33.00, for loss or damage prior to Cash for My Old Gold's acknowledgment of receipt and verification, or the liquidation value determined by Cash for My Old Gold in its sole discretion, for loss or damage after acknowledgment of receipt and verification. You expressly acknowledge and agree that if you do not provide such a sales slip or appraisal, Cash for My Old Gold's determination of value shall be conclusive and binding. (v) In order to make a claim for loss or damage of an Item, you must submit a claim to Cash for My Old Gold after thirty (30) days and within ninety (90) days of your mailing the Item to Cash for My Old Gold. Such claim must be made on the claim form provided by Cash for My Old Gold (available on request). Cash for My Old Gold will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Cash for My Old Gold in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form. (vi) Cash for My Old Gold reserves the right, in its sole discretion, to reject delivery of any Cash for My Old Gold kit, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and Cash for My Old Gold will have no liability for any such attempted delivery or return of any Item(s). (vii) Except as expressly provided in items 3(ii) and 3(iii), Cash for My Old Gold will have and assumes no liability whatsoever, whether arising in connection with the use of the Cash for My Old Gold kit service, Cash for My Old Gold website(s) or a Cash for My Old Gold kit or other materials provided by Cash for My Old Gold, the loss of any Item(s), or for any other reason, including, without limitation, Cash for My Old Gold's own acts or omissions. Cash for My Old Gold will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).

4. Return insurance liability limitation. Cash for My Old Gold will insure any Item returned to you with a value, as determined by Cash for My Old Gold in its sole discretion, of $15.00 or more at the amount of two (2) times such value (regardless of whether and in what amount it was insured for when mailed by you). Cash for My Old Gold will not insure any item with a value, as so determined, of less than $15.00. If Cash for My Old Gold receives a written request from you prior to return shipment of your Item(s), Cash for My Old Gold will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. Cash for My Old Gold will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Cash for My Old Gold will have no liability whatsoever in connection with the return of any Item to you.

5. Privacy policy. Cash for My Old Gold's privacy policy is posted at cashformyoldgold.com. Such privacy policy, as amended from time to time, will be binding on you. Cash for My Old Gold reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by Cash for My Old Gold.

6. Legal compliance. Cash for My Old Gold has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.

7. Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with Cash for My Old Gold. In no event will Cash for My Old Gold be liable to any third party, including, without limitation, any insurance carrier. Cash for My Old Gold will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.

8. Choice of law, waiver and claims. These terms and conditions, and all Cash for My Old Gold transactions doing business as Cash for My Old Gold, will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. Cash for My Old Gold's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Cash for My Old Gold or Cash for My Old Gold kit service or web site(s) or otherwise with Cash for My Old Gold must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the State of Michigan. Cash for My Old Gold will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of Michigan, including but not limited to, attorney's fees incurred by Cash for My Old Gold.