Terms & Conditions
1. Your Use of this Site and Affirmative Representations.
When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; (d) you are 18 years of age or older; (e) you are the legal owner of any Jewelry that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Jewelry on your own behalf and are not an agent or a representative of a third party.
By shipping your goods to us, you are agreeing to all terms and conditions set forth herein and affirming, under penalty of perjury, that the information supplied by you is true and correct and that you are over the age of 18 and the lawful owner of the property that this is the subject of your transaction with us. Because our Services are governed by the requirements of Kansas Statute 16-720 you must provide us with both a sworn statement as well as a government issued I.D. We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section 1.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.
2. Shipping and Appraisal Process, Requesting and Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against Loss.
2.1 Shipping your Jewelry to Us.
To request a free, insured Jewelry Return Pack, please complete the on-line form located on the Site, and then click the button to submit your information or telephone one of our representatives at 1-855-465-3888 to request a Jewelry Return Pack. Your Jewelry Return Pack will be mailed within approximately 24 hours after processing to the address you entered on the on-line form or that you provided to our representatives. In the event your Jewelry Return Pack arrives at our facilities and any items of your Jewelry are missing or lost from your Jewelry Return Pack and such items are not listed on the included inventory list, we will not be responsible for such lost or missing Jewelry.
JEWELRY SHIPPED THROUGH USPS TO US PURSUANT TO THE RETURN PACKAGING WE PROVIDE YOU WILL BE INSURED FOR UP TO $100. If you plan to ship us Jewelry with a value in excess of $100 please call us at 855-465-3888 or email us at info@CNCashforgold.com and tell us the name of your shipper and the amount of insurance that you have purchased for the pack so we can notate this information in your file. Please note that you are responsible for purchasing insurance necessary for your Pack if you desire insurance coverage for your Pack in excess of $100. Please note that when shipping your Jewelry to us we only provide customers with USPS return packaging through our Web site. If you wish to use USPS and you believe your Jewelry is worth more than the amount of insurance we provide for the shipment method you have selected, you must obtain the applicable shipping label, packaging and necessary insurance directly from USPS. We reserve the right, in our sole discretion, to reject delivery of any envelope or package that appears to be damaged, opened or tampered with, and we will return these envelopes or packages to you by means of USPS. We will have no liability to you for returning envelopes or packages in this manner. If you select USPS as your shipper you can take advantage of the USPS Tracking and Delivery Confirmation Program (the “Confirmation Program”), by taking your Jewelry Return Pack to your local USPS facility for mailing. Under our Confirmation Program, your Jewelry Return Pack will be assigned a unique number which is bar-coded on the Jewelry Return Pack. Under the Confirmation Program, if you deliver your Jewelry Return Pack to your local USPS Facility your Jewelry Return Pack will be scanned into the USPS system thus providing you with proof of receipt by USPS. If you desire proof of shipping by USPS for your Jewelry Return Pack please take your Pack to your local USPS facility and have it scanned into the USPS system. By using the bar coded number on your Jewelry Return Pack, you can go to www.usps.com or www.cncashforgold.com and print a receipt confirming delivery of your Jewelry Return Pack at your USPS facility. If you choose to place your Jewelry Return Pack in your mailbox, you can still use the bar coded number on Jewelry Return Pack, and go to www.usps.comand print a receipt confirming delivery of your Pack to our Postal Facility. Please contact us at 855-465-3888 should you have any questions.
PLEASE NOTE THAT JEWELRY RETURN PACKS SHIPPED USING DELIVERY CONFIRMATION ARE NOT COVERED BY INSURANCE UNLESS USPS CAN CONFIRM RECEIPT OF THE PACK, THROUGH A VERIFIED DELIVERY SCAN, AT OUR USPS POSTAL FACILITY IN WICHITA, KS.
2.2 Jewelry Appraisal.
Upon receipt of your Jewelry, we will weigh and evaluate your Jewelry. We purchase Jewelry for processing, melting and/or refining, not for resale except as provided pursuant to this Section 2.2. EXCEPT FOR SMALL DIAMONDS, PRICES FOR JEWELRY ARE BASED SOLELY ON THE WEIGHT OF THE PRECIOUS METALS IN YOUR JEWELRY AND KARAT GRADE CONTAINED IN YOUR JEWELRY, NOT ON ITS POTENTIAL VALUE IF RESOLD INTACT. For this reason, we cannot pay for gemstones in your Jewelry other than small diamonds. Prices for small diamonds are based upon carat weight, color, clarity, cut and shape. WE WILL NOT PAY YOU FOR ITEMS OF JEWELRY DETERMINED TO CONTAIN MINIMAL OR NO IDENTIFIABLE PRECIOUS METAL (“NON-PRECIOUS ITEMS”).
2.3 Requesting a Quote.
You may request that we provide you with a verbal quote for your Jewelry by including a note in the package you send to us or by calling us at 1-855-465-3888. If you do not request a quote, we will assume that you do not want a quote, and we will evaluate your Jewelry and either send you a check or wire your payment into your account if you selected the Fast Cash-direct deposit option.
IF YOU WANT A QUOTE, WE RECOMMEND THAT YOU REQUEST THE QUOTE ON OR BEFORE THE DATE YOU SHIP YOUR JEWELRY TO US. If we do not receive your request for a quote by the time we receive your Jewelry, we will not be able to provide you with a quote.
2.4 Accepting/Rejecting a Quote.
If you wish to accept the quote you will need to do so when one of our customer service representatives provides you with the quote on the telephone. We may, in our sole discretion, record the call as permitted by law. If you accept the quote during the call, you will be deemed to have accepted our offer. UPON ACCEPTANCE BY YOU OF THE TELEPHONE QUOTE, PAYMENT WILL BE ISSUED BY US WITHIN TWENTY FOUR (24) HOURS OF SUCH ACCEPTANCE, AND THE TEN (10) DAYS CUSTOMER SATISFACTION HOLDING PERIOD GUARANTY WILL NO LONGER BE APPLICABLE TO SUCH TRANSACTION AND IS THEREFORE WAIVED BY YOU.
If you do not accept the quote, we will return your Jewelry to you free of charge. We will, in our sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. WE WILL INSURE YOUR JEWELRY FOR NO MORE THAN THE AMOUNT WE OFFER YOU FOR YOUR JEWELRY UP TO $100 (REGARDLESS OF WHAT YOU INSURE THE JEWELRY FOR WHEN YOU MAILED IT TO US), UNLESS YOU NOTIFY US BY PHONE AT 1-855-465-3888 THAT YOU AGREE TO PAY FOR THE ADDITIONAL INSURANCE YOU REQUEST. IF YOU BELIEVE YOUR JEWELRY IS WORTH MORE THAN $100, WE RECOMMEND THAT YOU INSURE YOUR RETURN SHIPMENT FOR THE VALUE YOU THINK IT IS WORTH.
a. General Payment Terms.
Your payment by check, we will issue you a check within approximately 24 hours of processing of Jewelry.
a. General Return Terms.
IF YOU ELECTED PAYMENT BY CHECK AND YOU CHANGE YOUR MIND ABOUT SELLING YOUR JEWELRY YOU MUST NOTIFY US EITHER BY EMAIL OR BY PHONE NO LATER THAN 10 DAYS FROM THE DATE UPON WHICH WE ISSUE PAYMENT TO YOU. If we do not hear from you within ten (10) days of the date on the check we mailed to you, your Jewelry will be processed. YOU MUST RETURN THE CHECK AND WE MUST RECEIVE THE CHECK BEFORE WE WILL RETURN YOUR JEWELRY. This 10-days return period cannot be altered for any reason. We will not be responsible for any loss or damages of any kind if you do not contact us within this10 days return period for return of Jewelry.
You must return your check to us within 12 days of the date upon which you notified us that you were rejecting our offer. This 12-day period cannot be altered for any reason, and we will not be responsible for any loss or damage of any kind to your Jewelry. If we do not receive your check within this period of time, the Jewelry will be processed and we will no longer be able to return it to you.
Upon our receipt of your check within 12 days, we will return the Jewelry to you. All Jewelry will be shipped back to you via UPS signature required, unless you require shipment to a P.O. Box. If you require shipment to a PO Box then we will return your items via USPS. Your items will be insured for no more than the amount we offer you (regardless of what you insure the Jewelry for when you mail it to us), unless you notify us by phone or by email that you agree to pay for the additional insurance you request and remit payment to us prior to shipment.
b. Return of Non-Precious Items.
In the event any of your Jewelry is determined to be a Non-Precious Item we will not pay you for it. HOWEVER, WE WILL RETURN SUCH ITEMS DEEMED TO BE NON-PRECIOUS ITEMS TO YOU BUT ONLY IF YOU NOTIFY US EITHER BY EMAIL OR BY PHONE NO LATER THAN 10 DAYS FROM THE DATE OF OUR LETTER TO YOU INDICATING YOUR JEWELRY CONSISTED OF NON-PRECIOUS ITEMS (“NON-PRECIOUS ITEMS LETTER”) OR THE DATE OF OUR INVOICE TO YOU STATING THAT SOME OF YOUR JEWELRY CONSISTED OF NON-PRECIOUS ITEMS. Packs containing No Value items are not covered by insurance. Should you desire to have your Pack delivered via UPS signature required OR if you want your Pack insured you must notify us by phone or by email that you agree to pay for the shipping costs or insurance you request and you must remit payment to us prior to shipment.
IN THE EVENT YOU DO NOT NOTIFY US EITHER BY EMAIL OR BY PHONE WITHIN 10 DAYS OF THE DATE OF OUR NON-PRECIOUS ITEMS LETTER OR THE DATE OF OUR INVOICE, YOUR NON-PRECIOUS ITEMS WILL NOT BE RETURNED TO YOU AND WILL BE DISPOSED OF BY US. This 10-day return period cannot be altered for any reason. We will not be responsible for any loss or damage of any kind if you do not contact us within this 10 days return period for return of your Non-Precious Items.
2.6c Return of Other Materials.
Please note that CN Cash for Gold is not responsible for returning papers, identification cards or other miscellaneous materials. CN Cash for Gold never requests originals of these documents. Should you wish CN Cash for Gold to return these items to you, you will incur shipping and handling fee of $8.00 which must be paid before the items will be returned. If you do not notify us within 10 days of the date of check or no value letter that you want these items returned, they will be destroyed.
2.7 Guaranty Against Loss.
a. Jewelry Lost When You Initially Ship Your Jewelry to Us
Subject to any restrictions in this Agreement or on this Site, if you ship your Jewelry to us and your Jewelry is lost in the mail, we will compensate you for the loss of your Jewelry for the amounts set forth in Section 2.1, subject to any limitations contained in this Agreement, provided that you properly pack and ship your Jewelry to us in accordance with the terms of this Agreement and the Site. In order to submit a claim for lost Jewelry, you may be requested by us to provide the necessary appraisals or documentation to prove its value and to submit that documentation with your claim information within the time period specified herein.
b. Jewelry Lost When We Ship Jewelry Back to You (Excluding Non-Precious Items)
Except for Packs containing Non-Precious Items, when we ship your Jewelry back to you, it is insured for up to $100. If your Jewelry is lost in the mail, we will pay you the amount that we offer you for your Jewelry up to $100 subject to any other restrictions or limitations contained in this Agreement or on this Site.
c. Claim Process
PLEASE NOTE THAT CLAIMS RECEIVED AFTER THE EXPIRATION OF 90 DAYS FROM THE DATE OF THE LAST VERIFIABLE USPS SCAN ON YOUR JEWELRY RETURN PACK ARE VOID. There is a twenty-one (21) day waiting period before you may file a claim with CN Cash for Gold for non-delivery of packages shipped domestic via the United States Post Office. If you wish to submit a claim to us for lost Jewelry, you must immediately contact us at claims@CNCashforgold.com or 1-855-465-3888 and request a claim form. You must fully complete the form, sign the form, attach a copy of your valid state or government issued identification card and mail it to us at CN Cash for Gold, 11908 Shawnee Mission Pkwy, Shawnee, KS 66216 within 60 days from the date you initially notified us that your jewelry was lost or missing (“60 Day Notice Period”). You must include all supporting documents with the completed, signed form. Failure to properly complete, sign and return the claim form along with a valid State or Government Issued Identification card within the 60 Day Notice Period shall render your claim void, In addition, if you fail to provide sufficient proof that the Jewelry was mailed to us your claim may be denied.
ONCE YOU HAVE MADE a claim for LOST JEWELRY shipped through USPS or ups, WE REQUIRE YOU TO PURCHASE YOUR OWN INSURANCE for any future Jewelry you ship to us, as we will not provide insurance for your jewelry. ONLY ONE CLAIM IS PERMITTED PER CUSTOMER OR HOUSEHOLD. MULTIPLE CLAIMS BY THE SAME CUSTOMER OR HOUSEHOLD ARE VOID AND WILL BE DENIED.
PLEASE BE ADVISED THAT THE SUBMISSION OF A FALSE CLAIM FOR LOST, DAMAGED OR MISSING USPS MAIL IS A FEDERAL OFFENSE SUBJECT TO CRIMINAL SANCTIONS.
2.8 110% Price Match Guarantee Online Transaction Only not Valid with Local Retail Customers.
If you receive a higher, itemized valid written offer from a nationally televised mail-in gold buyer (who does not own or operate or is not affiliated with any retail location and who buys precious materials exclusively for its melt value) within 30 days of the date of our check in connection to our offer to purchase the same specific jewelry, we will match that offer plus pay you an amount equal to 10% of the other offer (the “110% Price-Match Guarantee”). You must notify us of the other higher offer no later than 30 days after the date of our invoice to you. The 110% Price-March Guarantee does not alter or extend our 10 day return policy. We reserve the right to request you provide us the original written offer you received so we can verify the veracity and terms of the other offer. Please call our toll-free customer service number 1-855-465-3888 if you have any questions.
2.8 3. Rules Governing Your Use of this Site.
You are entirely responsible for any harm resulting from your use of this Site. You represent and warrant that:
(a) you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications;
(b) you will not access this Site through the use of scripts, bots or other automated means;
(c) you will not access this Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement;
(d) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site;
(e) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(f) you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Site Content (as defined in Section 5 below) or enforce limitations on use of this Site or the Site Content; or
(g) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.
(h) Our 100% satisfaction guaranteed is valid for online mail in package only. Not valid with local store retail transaction. For local walk-ins customers, once you sell and received payment, the transaction is final and we cannot return your jewelry.
4. Grant of License to Us for Contributions.
We need a license from you so that we can use your feedback, materials, questions, comments, suggestions, ideas, plans, notes or other information about us, this Site and/or the services made available on this Site (“Contributions”) on this Site or elsewhere. By making a Contribution to this Site, you grant to us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, and royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (meaning that we can sublicense its rights to, for example, third party hosted service providers) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform publicly display, reproduce, rent, resell and distribute the Contribution for any purpose, commercial or otherwise.
You further grant us the right to use the name that you submit in connection with your Contributions. You acknowledge that this license does not obligate us to use your name in connection with your Contributions.
We are not required to treat any Contributions as confidential.
You are solely responsible for the Contributions you send us through the Site and you acknowledge and agree that we do not assume or have any liability for any action or inaction by us with respect to your Contributions.
We reserve the right to comply and cooperate with any and all legal requirements, legal authorities and/or law enforcement agencies, whether required or ordered to do so or not, regarding the investigation of, or request to disclose, information related to Contributions provided by you or the identity of you.
5. Our Intellectual Property Rights.
The entire contents and design of the Site are protected under U.S. and international copyright and trademark laws. The Site is owned and operated by us and unless specifically stated or otherwise indicated, all content, including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, buttons, data compilations, icons, code, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on the Internet (referred to hereafter as “Site Content”) and protected by intellectual property laws.
The Site is for your own personal noncommercial use. You may download materials for personal use only. You may not modify, distribute, transmit, display, or publish any materials contained on the Site without the prior written permission of us or the appropriate copyright owner. Please refer to the copyright notice for more information.
Site Content owned by third parties available on the Site is used by us pursuant to a license from a third party. Accordingly, you may not modify, distribute, transmit, display, or publish any materials on the Site, including Site Content owned by third parties, without the prior written permission of us.
6. Copyright Infringement.
If you believe that any Site Content infringes your copyright and you want the Site Content removed from the Site, please send a detailed message to:
CN Cash for Gold, LLC
11908 Shawnee Mission Pkwy
Shawnee, KS 66216
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.1 External Links
The Site may contain links to external, third party sites along with relevant commentary or summaries.
By providing links to other sites, we do not guarantee, approve or endorse the information or products available on those sites, nor does a link indicate any association with or endorsement by us or the Site.
We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.
7.2 Links to the Site
In general, you are free to establish links to the Site so long as the link does not cause any confusion or imply affiliation with, or sponsorship by, us.
The Site may contain advertisements. These advertisements may contain links to the advertisers’ sites.
By allowing third parties to advertise on the Site, we do not guarantee, approve or endorse the information, products or services being advertised, nor does the advertisement indicate any association with or endorsement by us or the Site of the advertiser or advertised service or product.
We do not operate or control and have no responsibility for the information, products and/or services found on any external sites linked to through an online advertisement. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your reliance on information contained in any advertisement or the use of any external sites. You should direct any concerns regarding any advertised service or product or an external link to the advertiser or its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.
Even after your use of this site has ended, this Agreement shall remain in effect, including in particular sections 1, 2.6, 3-6 and 8-20.
The Internet and technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. We will contact you if we do so, which is why it is important that you immediately notify us if your email address changes. We will also put any revised versions of this Agreement on this Site with a notice advising of the change. You should therefore regularly check this Site for any announcements about revisions and you must keep your contact information current to ensure you are informed of any changes.
8. Disputes with Us, Choice of Law and Forum, Limitation on the Time to File Actions and Attorney’s Fees.
8.1 The Convention for the International Sale of Goods.
The Convention for the International Sale of Goods shall not apply.
8.2 Limitation on the Time to File Actions.
To the extent permitted by law, you agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of this Site or any services we offer no later than one year after the claim or cause of action arose, otherwise these claims will be forever barred.
8.3 Florida Jurisdiction.
You agree that: (i) our Site and our Services shall be deemed solely based in the State of Florida; and (ii) we shall be deemed a passive Web site and our Services do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida.
8.4 Forum and Venue.
You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Wichita, Kansas. Each party shall reimburse the other party for any and all costs incurred by the party in defending such foregoing civil action filed or attempted to be filed by the other party in any jurisdiction outside of Wichita, Kansas, including but not limited to attorney’s fees, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you.
OTHER THEN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONTRIBUTIONS OR ANY OTHER SITE CONTENTS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. SUBJECT TO THE EXPRESS TERMS OF THIS AGREEMENT, YOU AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT AND OUR SERVICES.
OTHER THEN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. No Subrogation.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SUBROGATION CLAIM BROUGHT BY THE OTHER PARTY’S INSURANCE CARRIER. EACH PARTY EXPRESSLY WAIVES ANY SUBROGATION CLAIM ON BEHALF OF ITSELF AND ON BEHALF OF ITS INSURANCE CARRIER(S).
11. Limited Liability.
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) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE JEWELRY THAT YOU SUBMIT TO US, WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE JEWELRY TO US; OR (B) ONE HUNDRED DOLLARS ($100).
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 Contributions, our Services, your use of this Site or the Site Contents in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
14. Independent Contractors.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.
15. No Third Party Beneficiaries.
This Agreement is between you and us. There are no third party beneficiaries to this Agreement.
16. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
19. Electronic Communications
When you visit our Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provides to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.