Sell Your Gold - CheckNGold

Terms and Conditions

TERMS OF SERVICE

The terms and conditions below are legally binding on you as a user of the TERMS OF SERVICE

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

1. Requirements for use. You must be and, by requesting, receiving or using a ChecknGold kit or other ChecknGold materials, sending ChecknGold any gold, diamonds, jewelry, watches or other property or items, whether using a ChecknGold kit, other materials provided by ChecknGold or otherwise (individually, an "Item", and collectively, "Items"), or otherwise conducting business with ChecknGold, 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 ChecknGold or specifically authorized in writing to sell the Items to ChecknGold; (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. ChecknGold 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 ChecknGold and that you have full authority to solely engage in the transaction with ChecknGold. You agree to and will indemnify and hold harmless ChecknGold 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 ChecknGold.

2. Payment and Return (i) After receipt and appraisal of your Item(s), ChecknGold will issue a check that constitutes ChecknGold's payment for the purchase of your Item(s). Upon ChecknGold'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 ChecknGold. (ii) If you do not wish to keep ChecknGold's check and would like your items back, you must call ChecknGold 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 ChecknGold receives your phone call within such ten (10) day period, then after receiving your check ChecknGold will return your Item(s), without charge to you, within fifteen (15) business days. (iii) ChecknGold does not provide written appraisals. In advance of ChecknGold'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 ChecknGold, and you will not have the opportunity to return your check and receive your items back from ChecknGold. Conversations and negotiations may, at the discretion of ChecknGold, be monitored and/or recorded.

3. Limitations of liability (i) ChecknGold will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than ChecknGold, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until ChecknGold acknowledges receipt and verification of your Item(s), even if you send Items in a ChecknGold kit or other materials provided by ChecknGold. (ii) If you use the Postal Service prepaid ChecknGold kit, in the event of loss of or damage to the contents of a ChecknGold kit, that you properly ship to ChecknGold in accordance with the instructions and procedures set forth in the ChecknGold kit materials, ChecknGold will, subject to these terms and conditions, pay you (and ChecknGold'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). ChecknGold 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 ChecknGold 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 ChecknGold via UPS or the Postal Service and insure your Item(s) against loss in transit to ChecknGold for your full anticipated value. (iii) In the event of a loss or damage after ChecknGold acknowledges receipt and verification of an Item, ChecknGold'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 ChecknGold with an original sales slip or written third party appraisal (issued prior to delivery to ChecknGold) for the Item, the value of your Item for purposes of ChecknGold's liability will be $33.00, for loss or damage prior to ChecknGold's acknowledgment of receipt and verification, or the liquidation value determined by ChecknGold 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, ChecknGold'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 ChecknGold after thirty (30) days and within ninety (90) days of your mailing the Item to ChecknGold. Such claim must be made on the claim form provided by ChecknGold (available on request). ChecknGold will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to ChecknGold 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) ChecknGold reserves the right, in its sole discretion, to reject delivery of any ChecknGold kit, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and ChecknGold 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), ChecknGold will have and assumes no liability whatsoever, whether arising in connection with the use of the ChecknGold kit service, ChecknGold website(s) or a ChecknGold kit or other materials provided by ChecknGold, the loss of any Item(s), or for any other reason, including, without limitation, ChecknGold's own acts or omissions. ChecknGold 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. ChecknGold will insure any Item returned to you with a value, as determined by ChecknGold 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). ChecknGold will not insure any item with a value, as so determined, of less than $15.00. If ChecknGold receives a written request from you prior to return shipment of your Item(s), ChecknGold 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. ChecknGold will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, ChecknGold will have no liability whatsoever in connection with the return of any Item to you.

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

6. Legal compliance. ChecknGold 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 ChecknGold. In no event will ChecknGold be liable to any third party, including, without limitation, any insurance carrier. ChecknGold 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 ChecknGold transactions doing business as ChecknGold, will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. ChecknGold'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 ChecknGold or ChecknGold kit service or web site(s) or otherwise with ChecknGold 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. ChecknGold 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 ChecknGold.

service, the ChecknGold website(s), and/or as a customer of ChecknGold, and inure to the benefit of ChecknGold and its successors and assigns.

2. Payment and Return (i) After receipt and appraisal of your Item(s), ChecknGold will issue a check that constitutes ChecknGold's payment for the purchase of your Item(s). Upon ChecknGold'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 ChecknGold. (ii) If you do not wish to keep ChecknGold's check and would like your items back, you must call ChecknGold at 1-800-399-9702to 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 ChecknGold receives your phone call within such ten (10) day period, then after receiving your check ChecknGold will return your Item(s), without charge to you, within fifteen (15) business days. (iii) ChecknGold does not provide written appraisals. In advance of ChecknGold'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 ChecknGold, and you will not have the opportunity to return your check and receive your items back from ChecknGold. Conversations and negotiations may, at the discretion of ChecknGold, be monitored and/or recorded.

3. Limitations of liability (i) ChecknGold will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than ChecknGold, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until ChecknGold acknowledges receipt and verification of your Item(s), even if you send Items in a ChecknGold kit or other materials provided by ChecknGold. (ii) If you use the Postal Service prepaid ChecknGold kit, in the event of loss of or damage to the contents of a ChecknGold kit, that you properly ship to ChecknGold in accordance with the instructions and procedures set forth in the ChecknGold kit materials, ChecknGold will, subject to these terms and conditions, pay you (and ChecknGold'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). ChecknGold 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 ChecknGold 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 ChecknGold via UPS or the Postal Service and insure your Item(s) against loss in transit to ChecknGold 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, ChecknGold'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 ChecknGold with an original sales slip or written third party appraisal (issued prior to delivery to ChecknGold) for the Item, the value of your Item for purposes of ChecknGold'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), ChecknGold will have and assumes no liability whatsoever, whether arising in connection with the use of the ChecknGold kit service, ChecknGold website(s) or a ChecknGold kit or other materials provided by ChecknGold, the loss of any Item(s), or for any other reason, including, without limitation, ChecknGold's own acts or omissions. ChecknGold will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).

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

E-mail: info@ChecknGold.com