CASHGOLDEXCHANGE, INC.

 PRIVACY POLICY

 

By using CashGoldExchange, Inc.’s website (the “Website”) you are hereby agree to be bound by these Terms and Conditions (the “Terms of Use”), and hereby agree to comply with all of the obligations, promises and covenants set forth herein. CashGoldExchange, Inc. (“CGE”) hereby reserves the right to update and amend the Terms of Use from time to time, and at any time, without prior notice. By using this Website and acknowledging that you have reviewed and understand these Terms of Use, the Terms of Use shall be deemed and considered, and shall constitute a binding contract between you and CGE.  If you do not agree with the Terms of Use, you are not permitted to engage in any transactions through the Website or otherwise use the Website for any purpose. In order to complete a transaction with us, you must accept the Terms and Conditions set forth below. By CLICKING SUBMIT ON OUR WEB SITE OR MAILING US YOUR ITEMS, YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN IN THEIR ENTIRETY.

 

REPRESENTATIONS AND WARRANTIES

 

You hereby represent and warrant to CGE that:

 

  1. You are at least twenty one (21) years of age;
  2. You lawfully own all right, title and interest in and to any item you are selling to CGE, or any item that you are attempting to sell to CGE, and you are not selling or attempting to sell any item to CGE as an agent or representative of a third party;
  3. Any item that you are selling or attempting to sell to CGE is free from any and all liens or encumbrances, and has not been pledged or granted as collateral to any third party;
  4. Your sale or attempted sale of any item to CGE does not or would not constitute a breach of any agreement by and between you and any third party;
  5. Your sale or attempted sale of any item to CGE does not or would not constitute a violation of any state, federal or international law, or any other law, rule or regulation by any governmental or administrative authority, including but not limited to, any U.S. export laws and regulations;
  6. Any and all information provided by you on this Website, or otherwise provided to CGE including, but not limited to, your name, personal information, and information regarding any item you are selling or attempting to sell, is true, accurate and complete; and
  7. That you have disclosed to CGE all material information regarding the item(s) you are selling or attempting to sell to CGE including, but not limited to, any defects related to item(s).

 

INFORMATION SUBMITTED OR PROVIDED BY YOU

 

You hereby agree (and have represented and warranted to CGE above) that any and all information including, but not limited to, personal information or information regarding any item, is true, accurate and complete. Furthermore, you agree to notify CGE immediately of any update or change in any information previously provided by you to CGE, to insure that all information provided by you to CGE is current.

We will photograph and video tape opening of all packages. Copy of the video may be requested if there are any questions as to the accuracy of inventory received. Right to request video expires once our check has been deposited or cashed and if PayPal has been selected as form of payment you have (12) days from the day of transfer to request video.

 

VALUE AND SETTLEMENT: The value we assign to your items or the amount we will pay for your items (settlement) is for the melt value of the precious metals content. We do not pay retail value for the item itself, only for the precious metals content. This may differ substantially from the amount you paid for your items. Jewelers have substantial markups that have little to do with the value of the metals content.

RECEIVING A QUOTE PRIOR TO PAYMENT: You may request a quote for your items to be sent to you via email, pending your acceptance or rejection via email, prior to receive such a request we will assume you are waiving this option and will send you your payment according to your instructions on the Inventory Form. If we do not receive a response to our quote we will return your items to you after 14 days. Insurance on those items extends only to the amount of our quote, regardless of the amount it was originally insured for, and we reserve the right to choose shipping option if we return your items due to lack of response on your part. You may call us to arrange for additional insurance at your expense if you choose.

 

RETURNING YOUR CHECK: If for any reason you are not satisfied with the amount of your check, you may return the check to us and receive your items back. The following time limitations must be strictly adhered to. You have fourteen (14) days from the date on your check to return it to us to receive your items back or fourteen (14) days from the date of the PayPal transfer to reverse payment in full to receive your items back. Returning your check to us is at your own expense. We will pay for the expense of returning your items to you. We are not responsible for delayed mail or delivery. For this reason you must notify us via email prior to the 14-daydeadline that you are sending back your check. We also urge you to use registered mail when returning your check.

 

NO WARRANTIES RE WEBSITE; PERMITTED USE

 

CGE makes no warranties or representations as to the accuracy of any content on the Website (the “Website Content”). CGE assumes no liability for any error or omission in the Website Content. CGE makes no representation or warranty that use of the Website Content, when authorized, will not infringe rights of third parties. From time to time, and at anytime, various third parties may provide some of the Website Content and CGE makes no guarantee, representation or warranty regarding the accuracy, usefulness, or the quality of such Website Content provided by third parties. CGE makes no warranty or representation that the Website Content will satisfy or otherwise meet your requirements, or that it won’t from time-to-time experience interruption. CGE makes no warrant or representation that the Website shall be secure or free from error or defect, or that this Website or related hardware are free of viruses or other defects or destructive elements. CGE hereby expressly disclaims any and all express or implied warranties regarding this Website and any Website Content, services or products provided through or in connection with the Website, 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 the Website.  CGE shall not be liable for any damages or losses resulting from any virus that may infect your computer or other property in connection with your access to or use of the Website. Unauthorized access to the Website constitutes a breach of these Terms of Use and is a violation of law. You hereby covenant that you shall not access the Website through any means other than through the Website’s URL www.cashgoldexchange.com. You agree not to access or use any part of the Website or Website Content through any automated means, including, without limitation, “scripts,” or “spiders.” CGE may revise, suspend, discontinue, and/or restrict the use of any portion of the Website or the Website Content at any time and from time-to-time, without notice.

 

LIMITATION OF LIABILITY

 

Neither CGE nor any of its owners, directors, officers, employees, agents, representatives, licensees or affiliates, shall be liable under any legal theory, for any consequential, special, or incidental damages, regardless of whether or not you ever gave advance notice of any facts or circumstances that may otherwise entitle a party to such damages. You hereby acknowledge and agree that any liability on the part of CGE or its owners, directors, officers, employees, agents, representatives, licensees or affiliates, shall under no circumstances exceed the amount paid to you for a particular item purchased.

 

ACCESSING THE WEBSITE OUTSIDE OF THE UNITED STATES

 

CGE controls, maintains, operates and administers the Website, including the Website Content, from its offices located within the State of California, United States of America, and CGE makes no representation or warranty that the Website, or any Website Content is appropriate or available for use outside the United States. Any use or access to the Website or the Website Content from any location where such use or access is unlawful is prohibited. You hereby acknowledge and agree that you assume sole responsibility for your compliance with all local laws, rules and regulations.

 

RISK OF LOSS/CLAIMS

 

You may request a free GoldKit through the Website and CGE will mail (first class) a pre-paid Federal Express Standard Overnight return package, which shall be insured up to $1,000. If you would like coverage in an amount in excess of $1,000, CGE recommends that you purchase your own insurance covering item(s) you wish to submit to CGE directly from a reputable insurance company. You hereby agree that any item or package that you deliver to use shall include a written inventory list that describes with reasonable detail the item(s) enclosed therein. CGE shall not be liable or otherwise responsible in any way, for any claim, demand, loss or damages resulting arising from or related to an item(s) not appearing on your inventory list. If for any reason, your item is lost in transit, you must notify CGE promptly by sending an email to CGE at cashgoldexchange@gmail.com.  CGE will email to you a CGE Claim Form (the “Claim Form”). You must complete the Claim Form and return to CGE along with a copy of your valid driver’s license or other state or government issued identification card, within five (5) days of your receipt of the Claim Form, to CashGoldExchange, Inc., 5065 Hollywood Blvd #104, Los Angeles, CA 90027. Upon receipt of a completed, signed claim, CGE shall diligently investigate the claim. If after 45 days, CGE is unable to locate the item(s), it will promptly remit payment to you. Please be advised that you may purchase additional insurance on any item(s) submitted at your own expense.

 

APPRAISAL

 

CGE will appraise the value of each item submitted based upon: (a) the karat grade of the gold, and (b) the weight of gold.  You understand and agree that the appraised value of an item does not include any other components or characteristics of such item, such as non-gold metals or gemstones.

 

PAYMENT

 

CGE will deliver payment to you via any of the following methods you request: (1) FREE Company Check mailed to you via first class mail (should arrive within 3-5 business days at no cost to you). (2) $5 PayPal (include an email address) receive funds instantly. (3) $15 FedEx Standard Overnighthave our company check delivered next day via Federal Express Standard Overnight.

 

RETURNS

 

If for any reason, you elect to cancel a transaction or sale of an item, you must notify CGE within twelve (12) days from the date of the check delivered by CGE to you. To effect such cancellation, you must deliver notice to CGE via email at cashgoldexchange@gmail.com.  Concurrently therewith, you must to return to CGE the un-cashed check received by you in connection with such item. Insurance on such returned items shall be limited to $1,000 (if shipped via Federal Express) or whatever amount you purchase for such item(s) directly from the insurance provider of your choice. For returns of items purchased by you from CGE, such returns must be made within twelve (12) days of purchase, and all returns must include the original CGE tag for such item, in-tact. CGE shall provide a Federal Express return shipping label for such item(s).

 

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, CGE’s 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 Website or  performance of any of CGE’s services, regardless of legal theory, shall not exceed the lesser of the following: (a) $150.00; or (b) fifty percent (50%) of the appraised value from a prior certified third party appraiser.

 

CGE’s INTELLECTUAL PROPERTY

 

You understand, acknowledge and agree that the Website, including text, images, photographs, graphics, audio or video clips, source code, software, data, and any and all other content on the Website is either owned by CGE, or lawfully used by CGE through license or other consent of its owner. CGE is the owner of all of its trademarks and copyrights including, but not limited to its logo, taglines and slogans.

 

COMMUNICATIONS/PRIVACY/DISCLOSURE

 

You hereby acknowledge and agree that CGE may send you emails from time-to-time, and that such emails may contain advertising or information. If you do not wish to receive such emails, you may notify CGE via email at cashgoldexchange@gmail.com. CGE reserves the right to communicate with you via email for the purpose of informing you of changes or additions to the Website, or its business. CGE reserves the right to disclose or make available general information about your usage of the Website to third parties. CGE will not, however, disclose any personal information to third parties without your consent, unless required to by law. The Website may utilize cookies on your computer in connection with your navigation of the Website. The Website may, from time-to-time have links which may route you to other websites, however, CGE is not responsible for such other websites, or their respective content.

 

INDEMNITY BY YOU

 

You hereby agree to indemnify, defend and hold harmless CGE, its subsidiaries, affiliates, owners, directors, officers, employees, agents, representatives and licensors from and against any claims, damages, loss, liability, or demand, made by any third party that arises from or relates in any way to: (a) your use of the Website; (b) any breach by you of the Term of Use; or (c) any breach by you of any representation or warranty made by you to CGE, whether made in these Term of Use, through the Website or by any other means.

 

 

MISCELLANEOUS

 

  1. Notice. If required by state or federal law to provide you with notice of any fact, occurrence or event, you hereby acknowledge and consent that CGE may deliver such notice via email. Such notice shall be deemed effective upon sending of such email. CGE will send such notice via email to the email address provided by you. CGE shall not be responsible or liable for any failure by you to maintain your email address, or update CGE with your current email address. If you wish to receive any and all notices in hardcopy format, please so inform CGE by written request delivered to: CashGoldExchange, Inc., 5065 Hollyqood Blvd #104, Los Angeles, CA 90027.

 

  1. Waiver. Any consent to or waiver of, whether express or implied, any breach or default by CGE hereunder shall not be deemed or construed to be a consent to or waiver of any other breach or default under the Terms of Use.

 

  1. Entire Agreement. These Terms of Use contain the entire agreement between you and CGE, and all prior understandings, oral or in writing, by you hereto with respect to CGE or its business are superseded by this Agreement. CGE may update and amend the Terms of Use from time to time, and at any time, without prior notice to you.

 

  1. Arbitration/Venue/Choice of Law. You hereby agree that in the event of any dispute arising out of, in connection with, or by reason of the Terms of Use or any business, transaction, communication or occurrence of any nature by and between you and CGE, or any other disagreement of any nature, type or description regardless of the facts or legal theories which may be involved, such dispute shall be resolved by confidential binding arbitration before Judicial Arbitration and Mediation Service (“JAMS”), pursuant to the Federal Arbitration Act (9 U.S.C. § 1, et seq.). Such dispute will be submitted to confidential binding arbitration only in Los Angeles County, California. Arbitration proceedings may be commenced by any either party hereto by giving the other party hereto written notice thereof and the proceedings shall be governed by the rules of JAMS. The arbitrator’s award in any such proceeding shall be final and binding, and a judgment upon such award may be enforced by any court of competent jurisdiction. Each party hereto hereby agrees to submit to the jurisdiction of any state or federal court sitting in Los Angeles County, California in any action or proceeding arising out of or relating to the enforcement of the arbitration provisions of this Agreement and agree not to bring any such action or proceeding in any other court. Specifically, you hereby consent to the exercise of personal jurisdiction over you by any state or federal court in California. Each party hereto hereby agrees to waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought in Los Angeles County, California and each party hereto hereby waives any bond, surety, or other security that may be required of any other party with respect thereto. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any principle or doctrine regarding conflict of laws. These Terms of Use shall not be governed or controlled by the United Nations Convention on the International Sale of Goods.

 

  1. Attorney’s Fees. In the event any action is instituted by any party hereto for the pur­pose of enforcing or interpreting any provision of the Terms of Use, or any other matter arising under or relating to the Terms of Use, the prevailing party in such action shall be entitled to its reasonable attorneys’ and expert witness fees and costs.

 

  1. Severability. If any provision of the Terms of Use or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of the Terms of Use and the application of such provisions to other persons or circumstances shall not be affected thereby and such provisions shall be enforced to the greatest extent permitted by law.