Welcome to www.cashforgoldco.com!
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
By using our web site (the “Web Site”), you are agreeing to comply with and be bound by the following terms of use, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms and Conditions”). The Terms and Conditions constitute a binding contract between you and Cash for Gold Co., its representatives, designees, licensees, and assigns (“CFG”, “we”, “us”, or “our”), regarding your use of the Web Site. If you do not agree with the Terms and Conditions, you may not access the Web Site and you must immediately exit.
2. YOUR REQUIRED REPRESENTATIONS
This Web Site is intended for individuals of legal age. By accessing this Web Site, you represent that you are at least eighteen (18) years of age. By selling or attempting to sell any item to us, you also warrant that you are the legal owner of the items and that you are selling or attempting to sell the item on your own behalf rather as an agent or representative of a third party.
3. PERSONAL INFORMATION
When you sell goods through this Web Site or provide information to us in any other manner, you represent and warrant that the information is truthful, accurate and current and that you will update us promptly of any changes to the information that you submit to us.
4. WEB SITE INTELLECTUAL PROPERTY
The Web Site includes a combination of content created by us, or provided to us by a licensor. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with this Web Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) is owned or controlled by CFG.
5. WEB SITE CONTENT, PERMITTED USE/ACCESS
We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on this Web Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding this Web Site or the Content whatsoever. We make no warranty that this Web Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Web Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Web Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Web Site by any means other than through the interface that is provided by cashforgoldco.com for use in accessing the Web Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.
6. DISCLAIMERS
We specifically disclaim any and all express or implied warranties regarding this web site or any content, services or products provided through or in connection with this web site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this web site. We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, this web site or your downloading of any materials, data, text, images, video, or audio from this web site.
7. LIMITATIONS ON DAMAGES; RESERVATION OF RIGHTS
In no event shall CFG or any of its affiliates, employees, agents, content providers or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You agree that we are not liable for any amount exceeding the amount paid by the customer for the particular items purchased. We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Web Site, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
8. INDEMNITY
You agree to indemnify, defend and hold harmless CFG and each of its respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.
9. FOREIGN ACCESS
This Web Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Web Site or export the Content in violation of U.S. export laws and regulations. If you access this Web Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.
10. RISK OF LOSS
You agree to include a complete inventory of all items that you place in any SECUREPAK™ that you sent to us. CFG bears no responsibility for any items that are not listed on a Securepak’s inventory. The contents of each SECUREPAK™ are insured for up to one thousand dollars ($1,000.00) if you ship with FedEx. In the event that you do not ship with FedEX and your Items are lost, notwithstanding your compliance with the shipping and packaging procedures set forth by us, we shall pay you one third of the value of the Items, as supported by purchase and sale receipts, up to the maximum sum of $100 only. You hereby understand and agree that we shall not be liable for any loss in excess of $100 and you hereby waive any claims to recover for additional damages resulting from the loss or destruction of your Items. IN THE UNUSUAL EVENT THAT YOUR ITEMS ARE LOST, YOUR CLAIM MUST BE SUBMITTED ON OUR CLAIM FORM — WHICH IS AVAILABLE UPON REQUEST. It is this Company’s policy to thoroughly investigate lost claims due to mail delays or mistakes. Company must wait 45 days prior to remitting payment upon such claims from the date your completed Claim Form and supporting documents are received. Notwithstanding anything contained herein, you may purchase separate or additional insurance for your Items in excess of the limits above.
11. APPRAISAL
We will appraise the value of each item that you send to us based upon the karat grade of the gold in the item and the weight of gold in the item. In no event does an item’s appraised value include the value of any gemstones in the item.
12. PAYMENT
You may choose one of three forms of payment: (a) a check sent to the mailing address provided in the SECUREPAK™; or (b) money transfer to a PayPal account, if any, provided in the SECUREPAK™. CFG is not responsible for any transfer fees that may be charged by PayPal, Inc. or its affiliates; or (c) by wire transfer to a bank account included in the SECUREPAK™. If you so not choose a method for payment, the default method shall be payment by check.
We offer a 12-day satisfaction guarantee. If for any reason you are not satisfied with the transaction you must notify us before 12 days from the date printed on the check sent to you. You must return the un-cashed check and the Items will be returned free of charge. If you received payment via PayPal or wire transfer, the guarantee above does not apply and all sales are final. You will not receive a refund.
13. RETURNS
In the event that you decide to cancel the sale of an item to us, you agree to notify us of that decision via email to cancel@cashforgoldco.com within twelve (12) days from the date printed on the check sent to you. You also agree to return the un-cashed check no more than five (5) days subsequent to providing us with the notice of cancellation. When an item is returned to you, it will be insured for no more than the total gross proceeds or $100 whichever is less.
14. CLAIM PROCESS
In the event of an item is lost during shipment, you agree to request a claim form promptly via email to lost@cashforgoldco.com or fax to (877)544-6532. Once you complete and sign the form, you must attach it to a copy of your valid state or government issued identification card; place them both in a sealed envelope address to Cash for Gold Co., PO Box 56117 Sherman Oaks CA 91413; and mail the envelope no more than five (5) days subsequent to your claim form request. If you initiate a claim for lost jewelry, you agree to purchase your own insurance for any subsequent shipment to us.
15. LIMITATION OF DAMAGES
In no event shall we be liable to you or any third party (including without limitation your insurance carrier) for any indirect, consequential, incidental, special or punitive damages, including lost profits or damages arising from your use of this site, contributions, our services or the site contents. Notwithstanding anything to the contrary set forth in this agreement, our liability to you with respect to any loss or damage suffered by you or by any third party arising out of or in connection with your use of the site or performance of any of our services, whether in contract, tort or for breach of statutory duty or in any other way shall not exceed the lesser of the following: (a) thirty three percent (33%) of the appraised value of the item pursuant to an appraisal that was issued prior to the date on which you shipped the item to us by a third-party appraiser who is certified or (b) one hundred dollars ($100).
16. DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to communicate with you via electronic for the purpose of informing you of changes or additions to the Site, or of any of our related products and services. We reserve the right to disclose information about your usage of the Site and demographics in forms that do not reveal your personal identity or other specific personal information. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites. We will not release your personal information or email address to any other party, unless required to by law or unless you receive a SECUREPAK™ via a co-branded “private-label” partnership. In that case, the private-label partner may also receive personal information about you and we encourage you to review that site’s privacy policy as well.
17. YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM US AND OUR PARTNERS
You hereby grant us the right, from time to time, at our discretion to send you commercial, advertising or informational emails at your email address from our partners or third parties referred by us. You acknowledge that we may rely upon your viewing of the Site as your permission to us to send you such emails. Furthermore, you grant us the right to continue to send you such emails until you specifically notify us that you do not wish to receive such emails any longer by sending an email to unsubscribe@cashforgoldco.com.
18. CHOICE OF LAW
Any dispute arising out of or related to these Terms and Conditions or any sales transaction between CFG and you shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms and Conditions shall not be governed by the United Nations Convention on the International Sale of Goods.
19. CONSENT TO JURISDICTION AND FORUM SELECTION
The parties hereto agree that all actions or proceedings arising in connection with these Terms and Conditions shall be tried and litigated exclusively in the California Superior Court of Los Angeles County. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of these Terms and Conditions in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the California Superior Court of Los Angeles County shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms and Conditions. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms and Conditions. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
20. ARBITRATION
In its sole discretion, CFG may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, State of California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the California Superior Court of Los Angeles County to protect the rights or the property of you or CFG (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
21. ATTORNEYS’ FEES AND COSTS
In the event of litigation or arbitration relating to the subject matter of these Terms and Conditions, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
22. INDEMNIFICATION
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your our Services; your use of this website; the contents of this website; or any breach of your representations and warranties set forth above herein.
23. NOTICE
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at: Cash for Gold Co., PO Box 56117 Sherman Oaks CA 91413.
24. WAIVER
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
25. ENTIRE AGREEMENT
These Terms and Conditions, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and CFG govern your use of the Web Site and Content, superseding any prior agreements that you may have with us.
26. SEVERABILITY
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.
