Thank you for visiting MoneyforStrips.com!
MoneyforStrips.com (the “Site”) is operated by Epic Bay Marketing
LLC (“we,” “us” or “our”) and allows you to: (a)
participate in interactive features that we may make available such
as selling your previously owned Diabetic test strips and other items
regarding diabetic testing supplies to us for processing,
(“Services”); or (b) simply view this Site. This Terms of
Use Agreement (this “Agreement”) and our Privacy Policy, which is
incorporated by reference as if fully set forth herein,
(http://www.moneyforstrips.com/get/static/terms.html)govern
your use of this Site. Please note that this Agreement applies only
to mail-in Diabetic supply buying transactions and does not apply is
therefore inapplicable to face-to-face or in person transactions.
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
Diabetic Test Strips, Lancets or other Diabetic supplies that you
sell or are attempting to sell to us; and (f) you are selling or are
attempting to sell Diabetic Test Strips, Lancets or other Diabetic
supplies 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.
We reserve the right to request documentation
and other proof of compliance with the requirements contained in this
Section 1.
2. Shipping and Appraisal Process, Requesting and
Accepting/Rejecting a Quote, Payment, Returns and Guaranty Against
Loss.
2.1 Shipping your
Diabetic Test Strips to Us.
To request a free, insured
Diabetic Test Strip/Lancet Return Pack, please complete the on-line
form located on the website, and then click the button to submit your
information or telephone one of our representatives at 1-800-608-6910
to request a Diabetic Test Strip/Lancet Mail Return Kit. Your
Diabetic Test Strip/Lancet Return Mail Kit will be mailed within
approximately 24 business hours to the address you entered on the
on-line form or that you provided to our representatives.
Please
include with your shipment a complete inventory of your Diabetic Test
Strips/Lancets. You can print out the online
free quote that was provided via www.moneyforstrips.com
and place it in the Return Mail Kit. In
the event your Diabetic Test Strip/Lancet Return Mail Kit arrives at
our facilities and any items of your Diabetic Test Strips/Lancets are
missing or lost from your Diabetic Test Strip/Lancet Return Mail Kit
and such items are not listed on the included inventory list, we will
not be responsible for such lost or missing Diabetic Test
Strips/Lancets and are not responsible for payment of those missing
items.
We are proud to offer free UPS labels to ship your
material. All Diabetic Test Strip/Lancet Return Mail Kits which
are shipped via the US Postal Service (“USPS”) in the Diabetic
Return Mail Kit and Labeling we provide you will be insured by
Endicia Parcel Insurance Services. If you wish to use our
prepaid, insured UPS service, please print out the UPS label that is
generated by the Site. Once you receive your Diabetic Test
Strip/Lancet Return Mail Kit, simply place your unwanted Diabetic
Test Strips or Lancets into the box included in the Diabetic Test
Strip/Lancet Return Mail Kit, include your inventory list, attach the
USPS label to the box or envelope, and ship your Diabetic Test Strips
or Lancets to us from any USPS location. You will be able to
track your UPS package online with the tracking number provided on
the label. In most cases we will refund you the shipping costs of
sending us your Diabetic supplies via another shipping provider if
the cost of shipping is within reason and comparable to USPS Priority
Mail shipping costs. Please inquire first before sending in this
manner so that you can know beforehand that we will cover the costs.
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. By using the bar coded number
on your Diabetic Test Strip/ Lancets Return Mail Kit, you can go to
www.usps.com
and print a receipt confirming your delivery of your Diabetic Test
Strip/Lancet Return Mail Kit to your USPS facility. If you choose to
place your Diabetic Test Strip/Lancet Return Mail Kit in your
mailbox, you can still use the bar coded number on Diabetic Test
Strip/Lancet Return Mail Kit, and go to www.usps.com
and print a receipt confirming delivery of your Pack to our Postal
Facility. Please contact us at 1-800-608-6910 should you have any
questions.
2.2 Diabetic Test
Strips or Lancet Appraisal.
Our online quote form or verbal phone quote is for a
convenient estimate only and is not binding or final. We are not
responsible for honoring payment on Diabetic Test Strips/Lancets
received that either don’t abide by the conditions as listed in
section 2.5 or don’t match the quote that we had originally
received when you requested a Return Mail Kit from us. A final
quote will be assessed on your Diabetic Test Strips/Lancets once we
have physically received them at our location and have evaluated
their dates and conditions. They are subject to the conditions in
section 2.5. If the Diabetic Test Strip/Lancets that we receive
match the original quote and are in compliance with the conditions of
section 2.5 we will proceed to send payment with no need for further
action on your part. If you send us more Diabetic Test Strips and/or
Lancets than what was originally quoted and are on our list of
accepted Diabetic Test Strips and/or Lancets and meet the conditions
of section 2.5 then we will in most cases accept them and compensate
you for them with no further action needed.
2.3 Requesting a
Quote.
You may request that we provide you with an online
instant quote for your Diabetic Test Strips or Lancets via visiting
our website www.moneyforstrips.com
or a verbal tentative quote for you by calling us at
1-800-608-6910.
2.4
Accepting/Rejecting a Quote.
By requesting the Diabetic
Test Strips and/or Lancets Return Mail Kit from us and mailing your
Diabetic Test Strips and/or Lancets to us, you thereby accept our
quote that was provided via our website www.moneyforstrips.com
or over the phone for the Diabetic Test Strips/Lancets that you mail
to us and accept all our terms and conditions. If the number of the
Diabetic Test Strips or Lancets that we receive from you are less
than the original quote, we are only obligated to offer payment on
what we have received and that meet the conditions of section 2.5.
If any of the Diabetic Test Strips or Lancets are not on the list of
acceptable brands that are on our website www.moneyforstrips.com,
or in are not in compliance to the conditions of section 2.5 we then
reserve the right of non-payment for any of those items. If at any
time you disagree with a re-quote or the final quote that differs
from the original quote or would want us to return some or all of the
Diabetic Test Strips or Lancets that we rejected, you may request to
have them mailed back to you. The default return shipping method is
priority mail unless otherwise stated and a “handling” fee of $10
will be assessed in addition to the shipping charges that you will be
responsible for. We will not mail anything back to you unless you pay
for the shipping plus handling. In the case that we have to ship 60%
or more of your order back to you, you not only will be responsible
for the return shipping charges which will be Priority Mail unless
otherwise requested, but you will also incur a “handling” fee of
$20 in addition to the shipping costs. If after 30 days from the
time we have received the Diabetic Test Strips and/or Lancets and you
haven’t requested to have them returned to you, you forfeit all
ownership to the Diabetic Test Strips and or Lancets that were sent
to us.
2.5 Conditions of the Diabetic Test Strips or Lancets.
For us to accept and compensate you for any of the
Diabetic Test Strips that you send us they must satisfy all
the following conditions:
They must expire no less than
90 days from the time we receive them at
our location. The date on the boxes must also be clearly
visible and not scratched out or
punctured.
They must be unopened and
still sealed within their original box.
The Diabetic test strips must have the factory seal intact,
the serrated pull tab intact or otherwise not tampered with.
MoneyforStrips.com will not accept or provide compensation for
opened Diabetic Test Strip boxes or Lancets. All boxes must have
their original factory FDA approved, unbroken seal. No
exceptions. Slightly damaged boxes are acceptable as long as they
are still sealed. Heavily damaged or “crushed” boxes will incur
a 25% reduction in compensation.
If any of the Diabetic Test Strips or Lancets that we
receive from you don’t meet one or both of these conditions they
will be rejected, and you will not be compensated for them. You may
request to have the Diabetic Test Strips or Lancets that we reject
returned to you if you agree to pay for the return postage fees and
handling, otherwise, you forfeit ownership. Please read section 2.4
for more details about returns and rejected items.
UPON ACCEPTANCE BY YOU OF THE FINAL TELEPHONE OR
EMAIL QUOTE, PAYMENT WILL BE ISSUED BY US WITHIN FORTY-EIGHT (48)
BUSINESS HOURS OF SUCH ACCEPTANCE
2.6 Payment.
a.General Payment Terms.
You may select one of two
payment options: (a) Paypal-direct deposit; or (b) check.
If you would like to request payment by Paypal-direct deposit, please
provide the required information as set forth in the Diabetic Test
Strip/Lancet Return Mail Kit we provide you and send the information
with your shipment. If you prefer to be paid by Paypal-direct
deposit, we will deposit the fees in your Paypal account within
approximately 48 hours of receipt of your Diabetic Test Strip/Lancet
Return Mail Kit. If you prefer to be paid by check, we will
issue you a check within approximately 48 hours of processing of your
Diabetic Test Strip/Lancet Return Mail Kit.
b. Paypal
Payment Terms.
If you elect Paypal-direct deposit, please provide
us with your email that is linked to your Paypal account.
2.7 Returns.
a. General Return Terms.
IF
YOU ELECTED PAYMENT BY CHECK AND YOU CHANGE YOUR MIND ABOUT SELLING
YOUR DIABETIC TEST STRIPS OR LANCETS YOU MUST NOTIFY US EITHER BY
EMAIL OR BY PHONE NO LATER THAN 12 DAYS FROM THE DATE UPON WHICH WE
ISSUE PAYMENT TO YOU. If we
do not hear from you within twelve (12) days of the date on the check
we mailed to you, your Diabetic Test Strips or Lancets will be
processed. YOU MUST RETURN
THE CHECK AND WE MUST RECEIVE THE CHECK BEFORE WE WILL RETURN YOUR
ORDER. This 12-day
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 this 12 day return period for return of your Diabetic Test
Strips or Lancets. You must return your check to us within 14 days of
the date upon which you notified us that you were rejecting our
offer. This 14-day period cannot be altered for any reason, and we
will not be responsible for any loss or damage of any kind to your
Diabetic Test Strips or Lancets. If we do not receive your check
within this period of time, the Diabetic Test Strips or Lancets will
be processed and we will no longer be able to return it to you.
Upon
our receipt of your check within 14 days, we will return the Diabetic
Test Strips or Lancets to you providing you also pay all the
necessary return fees mentioned in section 2.4. All Diabetic Test
Strips or Lancets will be shipped back to you via USPS Priority Mail
unless otherwise requested. Your items will be insured for no more
than the amount we offer you (regardless of what you insure the
Diabetic Test Strips or Lancets 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. Please note that if you have not notified us of your
address change prior to our shipment of your return, you will have to
pay any additional shipping charges if your Diabetic Test Strips or
Lancets is returned to us as non-deliverable by the shipper.
2.7 Guaranty Against
Loss and Claims Process.
a. Diabetic Test Strips or Lancets
Lost When You Initially Ship Them to Us via USPS:
Subject to any
restrictions in this Agreement or on this Site, if you ship your
Diabetic Test Strips or Lancets to us and your Diabetic Test Strips
or Lancets are lost in the mail, we will not compensate you for the
loss of your Diabetic Test Strips or Lancets. Please contact the
Postal Service with your tracking receipt to inquire about its
whereabouts. If it was insured then fulfill the appropriate USPS
guidelines to submit your claim.
2.8 110% Online
Price Match Guarantee.
If you receive a higher, itemized valid
written offer from a nationally televised mail-in Diabetic Test Strip
or Lancet buyer (who does not own or operate or is not affiliated
with any retail location) within 30 days of the date of our check or
Paypal-direct deposit transfer 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. We reserve the
right to request you provide us the original written offer you
received so we can verify the validity and terms of the other offer.
Please call our toll-free customer service number 1-800-608-6910 if
you have any questions.
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.
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), sub-licensable
(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:
Web Master
MoneyforStrips
4719 Quail
Lakes Dr. Ste G
PMB 137
Stockton, CA 95207
1-800-608-6910
support@moneyforstrips.com
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. Linking.
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.
7.3 Advertising.
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.
7.4
Survival.
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.
7. 5
Modifications.
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 California Jurisdiction.
You agree that:
(i) our Site and our Services shall be deemed solely based in the
State of California; 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
California.
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 Stockton, CA. 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 Stockton,
California, 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.
9.
Disclaimers.
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).
12.
Indemnity.
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.
17.
Non-Waiver.
Our failure to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such
right or provision.
18.
Severability.
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.
20.
Assignment.
You may not assign your rights under this Agreement to
any third party; we may assign its rights under this Agreement
without condition.
