- Parties – This agreement is between Gold Online Dealers, LLC dba Money for Old Jewelry.com (hereafter referred to as “we,” “us,” or “our”) and you, the person who has provided the requested information to us.
- Representations by You, the Seller – You hereby represent, warrant, and agree, that you are over twenty-one (21) years of age or older, are under no legal disability which would prevent you from selling any or all of the items furnished to us for sale, and that you are the lawful owner of all items furnished for sale. You further represent that all gold or jewelry submitted to us will be evaluated based upon the value of the gold (or platinum, in the case of platinum jewelry) and will not be evaluated based upon any retail value or with any consideration of what such items might sell for in the retail market. In order to evaluate any items sent to us, it may be necessary to file, scrape, or otherwise deface such items and you hereby represent that you understand this fact and agree to all such measures deemed necessary, advisable, or beneficial by us.
- Adequate Consideration – You understand that should you request that we purchase, or offer to purchase, gold, jewelry, or other items from you, that we will incur expenses in the form of shipping costs and otherwise and that we will be required to expend time and resources in analyzing and evaluating any items which you send to us. You hereby represent, warrant, and agree that this constitutes full and adequate consideration for every agreement, promise, covenant or condition set forth herein. You and we hereby understand and agree that the consideration set forth herein is adequate for all agreements, promises, covenants and/or conditions set forth herein. You and we further knowingly and intentionally waive their right(s), if any, to allege at any time in the future, in any forum or before any court, administrative agency, arbitrator, mediator, or any other form of decision-maker, that all or any part of this Compromise Settlement Agreement and Release is without sufficient consideration to bind the parties hereto.
- Purchase Price – The price that we pay is based upon our proprietary internal formula that is fixed to the spot price of gold as of the day that we receive the items which you furnish to us. This price is not equal to the spot price of gold, the retail value of the jewelry which we receive, or any other public index or value.
- Ten Percent (10%) Guarantee – We will beat any written offer which you receive from any online gold buyer by ten percent (10%). In order to take advantage of this guarantee, you must furnish a written offer, received within the thirty days previous to your furnishing us with the receipt, which identifies the gold, jewelry, or precious metals including a description and the weight of each item. Without this information, we cannot honor the ten percent (10%) guarantee as we must be sure that we are comparing the same items.
- Your Options When Selling – You may choose to receive an offer from us prior to selling your gold or jewelry. If you choose this option, we will send you our offer by email on the day we receive your items. If you choose not to accept our offer, your items will be returned at no cost to you. You may also choose not to receive an offer and we will analyze and evaluate your jewelry and then make payment pursuant to the option you choose. Please see below.
- Payment Options – You have three choices regarding how you want us to make payment for your items, 1) the first, and most popular option by far, is that we wire transfer the appropriate funds, based on our proprietary internal formula, to your account. If you choose this option, you should receive funds within twenty-four hours of depositing your shipment with federal express; 2) you can request payment by certified check which will be sent to you by overnight delivery; or 3) you can ask that the proceeds of your transaction be donated to a charity specifically identified by you – in your name.
- Charitable Contributions – We have no control over the identity of any charity to which you choose to donate your funds. You should determine whether or not contributions to your chosen charity are tax deductible under either federal laws, the laws of any of these United States or any other governmental entity. Depending upon the nature of the charity chosen, you may or may not be able to claim an income tax deduction for your donation. We make no representations, or any kind, regarding the tax consequences of any donation
- Release and Limitation of Liability – By submitting information and/or your gold or jewelry to us , you specifically and intentionally release, acquit, and forever discharge us and all persons, natural or corporate, in privity with us including, but not limited to, our principals, supervisors, employees, agents, representatives, officers, members, managers, directors, shareholders, attorneys, insurers, parent corporations, subsidiary corporations, affiliates, franchisers and/or franchisees from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, which he has or might have, known or unknown, now existing or that might arise hereafter. You understand that this release is to be given its broadest possible meaning for the protection of us from any and all liability of any kind or character. It is your express intent, and the express intent of this agreement, that you will never have the ability to bring any form of complaint, petition, claim, counterclaim, third-party claim, suit, lawsuit, or grievance against us for any reason and the you hereby intentionally and knowingly relinquish any alleged right to do so.
- Indemnification by You – You hereby agree to indemnify and hold us harmless from any claims or causes of action, of any kind or character, brought by any person or entity arising from or relating to this agreement, the furnishing by you to us of any items, any request by you for an offer, any offer or payment made by us, any payment received by you, or any other matter in any way relating to any transaction between you and us. You specifically agree to indemnify us for any and all damages and costs, including reasonable attorney’s fees, incurred in the defense of any claim or cause of action arising from any of the above.
- Assignment by You – You further hereby assign, sell, bargain, convey, and/or transfer to all those hereby released any and all claims, complaints, demands and/or causes of actions which you may have or have in the future against those hereby released, regardless of the nature of such claims, etc. and regardless of whether such claims allegedly arise out of acts or omissions.
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