Online Terms of Service and Website Access and Usage

Last Updated: April 1, 2023

Please note that all calls with the company may be recorded or monitored for quality assurance and training purposes.

AGREEMENT BETWEEN USER AND Florida Gold Traders Inc- PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE “SITE”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

These Terms affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. Florida Gold Traders Inc (Company) may provide you, (the “User” or “you”), with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites (the “Service”). Company provides the Service to the User, subject to the following Terms, which you accept by accessing Company websites. Company is not responsible for providing you access facilities or equipment (in any form) to its Service. You, the User, also comprehend and agree that the Service may include advertisements and sponsorships and that these are necessary for Company to provide the Service. You also comprehend and agree that Company makes no warranty or representation about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within the Service for any purpose. The Service is provided “as is” without warranty of any kind. Company hereby disclaim all warranties and conditions with regard to the Service.

ELIGIBILITY
Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. If you are 17 years of age or younger, you must immediately navigate away from this Site.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By using the Services or otherwise accessing the Company websites, you agree to be bound by all terms and conditions hereof and all policies and guidelines incorporated by reference The Service is provided to you, the User, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Company as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference.

MODIFICATION OF THESE TERMS OF USE
Company reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these Terms, including changes/modifications if any incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION TO THE SERVICE
Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to the User at any time and from time to time. The User agrees that Company shall not be liable to the User or any third party for any modification or discontinuance of the Service. Notwithstanding the foregoing, Company will not discontinue services while in receipt of your gold/jewelry and will complete any pending transactions with you.

USER CONDUCT
The Service may include online account access, content viewing, and means designed to enable you to communicate with Company (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for communication. You also hereby agree that you shall not make use of the Service for any commercial purpose, including reselling and/or co-branding/private labeling. As a condition of your use of the Service you, the User, agree to provide: (a) true, accurate, current and complete information about yourself as required to register; (b) maintain and promptly update the registration information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Company has the right to terminate the User account and refuse any and all current or future use of the Service; and (c) Company has the right to use / disclose the aggregate registration information to third party service providers in connection with marketing of services, subject to the Privacy Policy. You have also consented to Company having the right to use your registration information to provide targeting of advertising and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain services and to contact/inform you through e-mail or otherwise about special offers or updates on our cash-4-gold business.

USAGE OBLIGATIONS
As a condition of your use of the Service you will not use the Service for any illegal purposes, including selling stolen gold/jewelry through our Service. You will be solely responsible for the contents of transmissions made by you through the Service. You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (f) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (g) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (h) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service; and (i) Conduct any activity that would aid or assist terrorism or related activity. Company reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.  

USER ACCOUNT, PASSWORD & SECURITY
As part of the Service’s registration process you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and password. You take total responsibility for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unlawful/unauthorized use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that Company will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by Company or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.

LINKS ON/IN THE SERVICES
The Service or third parties may provide links to other worldwide web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

FLORIDA GOLD TRADERS INC’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

PRIVACY POLICY
Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our Privacy Policy.

LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted under law, Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. If you are shipping gold/jewelry to Company as part of the Service, it is your responsibility to insure the shipment for damage or for any loss where the Goods are valued more than $2,500.00.  Please contact us prior to shipping if you need help doing so.

INDEMNITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys’ fees, which any third party may make due to or arising out of content you submit, post to or transmit through the Service, your use of the Service (including shipping stolen gold/jewelry), your connection to the service, your violations of these Terms (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation).

CONTENT PROVIDED TO THE SERVICE
Company does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Company (including feedback and suggestions). However, by providing such content or any other material, you grant Company and its affiliate sites unrestricted and irrevocable permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.

COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on www.sendgoldgetcash.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

• a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
• identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
• identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
• information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
• a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
• a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
1730 S Federal Hwy #288, Delray Beach, FL 33483

APPLICABLE LAW
By visiting Company, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company.

DISPUTES AND ARBITRATION/CLASS ACTION WAIVER
Any dispute relating in any way to your visiting this website or your use of any of the Services shall be submitted to confidential, binding arbitration in Delray Beach, FL, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.

General Terms and Conditions of Transacting Business

At Florida Gold Traders Inc (“Company”) our mission is to make cashing in on gold, silver and jewelry and watches (the “Goods”) as seamless as possible from the comfort of your home. We provide the following General Terms and Conditions to ensure your understanding of the purchase of your Goods.

By submitting your Goods to Company customers agree to our General Terms and Conditions, as well as our Privacy Policy and Terms of Service and Website Access and Usage.

Customers must be a minimum of 18 years of age to sell items through www.sendgoldgetcash.com and legal owner (or legally authorized on behalf of such owner) of all the items submitted to us.

General steps to selling goods:

1. Contact Us. If you are interested in obtaining an offer to purchase your Goods (as a “Seller”), contact us by email at info@sendgoldgetcash.com or visit us online at sendgoldgetcash.com and register. At that time we will provide you with the free materials needed to mail us your goods.

1. Guarantee Against Loss

1. If you ship Goods to us and comply with the Required Shipping Procedures below, Company guarantees your Goods up to $2,500 against loss in accordance with Section 18
2. Additional Insurance: You are responsible for obtaining separate insurance if you believe your gold jewelry or other Goods is worth more than $2,500.00. Please mail us at info@sendgoldgetcash.com as we may be able to assist you in procuring the additional protection.

1. Required Shipping Procedures

When shipping your Goods to Company you must comply with the following required shipping procedures (“Required Shipping Procedures”). Failure to do so will negate any claim for loss you may make in connection with our Guarantee Against Loss section as set forth herein.

The shipping procedures as set forth below are:

1. Ship Goods using a Company generated pre-paid shipping label.
2. Ship your Goods by dropping it at a staffed FedEx location or by using a FedEx Driver. This is to ensure packaging for your Goods can be inspected prior to shipment. Company is not responsible for Goods shipped using drop boxes or any other method.
3. Obtain a printed receipt with tracking number and keep the receipt in a safe place until your transaction with us has been completed.
4. The packaging should not allow the Goods to be displayed or seen, do not disclose the Goods shipped to any FedEx employee or any other person.
5. Complete the Customer Return Card (“Return Card”) provided with your kit, list your Goods, and include it with your shipment.
6. For contents you believe are valued at over $2,500 you must double box the shipment. For example, place your contents in a small FedEx box and then place that box in a Medium FedEx box.

If you arrange your own shipping, you shall assume any and all risk of loss and Company will have no liability whatsoever for your Goods. In addition, you shall be solely responsible for shipping costs and any associated insurance.

Please contact customer support at info@sendgoldgetcash.com if you have any questions concerning the Required Shipping Procedures prior to shipping your Goods to Company.

1. You are responsible for packaging your items. Should we receive damaged or open packages, we reserve the right to return the package to you without any liability therefore.  

1. Claim Liability Limit

Company liability to reimburse your Goods Claims shall be expressly limited to the LEAST of the following sums:

• The sum of Two Thousand Five Hundred Dollars ($2,500.00).
• The liquidation value placed on the Goods by Company in its sole discretion. Liquidation value is defined as the value of the Goods when they must be sold on an expedited basis.
• One-third (1/3) of the appraised value of the Goods according to an appraisal issued by a reputable appraiser within one year prior to the shipment of Goods submitted by you to Company.

Company may in its sole discretion, either (a) reimburse you as set forth above, or (b) replace your Goods with goods of like kind, quality, and condition.

1. Sworn Statement. Before conducting a transaction, Company needs:

• Seller’s name, address, telephone number, and e-mail address (if available).
• Seller’s driver’s license number and issuing state or other government-issued identification number.
• A sworn statement made by the Seller that the Seller is of lawful age and that the license number, and other identifying information is true and correct.
• The sworn statement must contain the following language: “I declare under penalty of perjury that the foregoing is true and correct.”

The sworn statement may be provided electronically through our website or in writing with the Goods being shipped.

IMPORTANT: If you mail us Goods without providing the required information, we will request any outstanding information from you within ten (10) days. If we do not receive the information requested within 30 days thereafter or you don’t request their return, the Seller’s Goods are deemed abandoned and are relinquished to the Division of Unclaimed Property of the Florida Department of Financial Services if the market value of the property is greater than $50. Within 24-hours of the expiration of the 30-day hold period for the Goods, we will notify the appropriate law enforcement agency of the abandonment of the property.

7. Appraisal & Evaluation of Goods.Once received, your Goods shall be checked and/or tested by our trained valuation experts to ascertain their value which is primarily based on the current day values. This process may involve scratching or scraping items in order to remove the top layer of material so that the testing apparatus can accurately determine the true grade or karat of the item in question and/or placing certain acids on the precious metal or other items which can leave permanent staining and/or deep scratches. By submitting your items you are in acceptance of these terms. We will not be liable for any damage caused in this way or any resulting decrease in the value of the items. This is the only way to accurately assess the Goods’ true value.

8. After our determination of the amount of our Offer for your Goods, we will, in our sole discretion, notify you at any or all of the contact information you provided (i.e. e-mail, telephone, and text), each of which will give you the opportunity to accept or reject our offer.

The value that we place on Goods fluctuates with the applicable market and other factors. If our website contains general gold valuation charts, they should not be relied on for the value that we will pay and may not be continuously updated. In certain instances, we may value your item based on their resale value and in other instances we may base it on the value of melting it down or selling in pieces, taking into account the transaction costs associated with each. Generally speaking, the value of your Goods is determined by many different factors and we can only tell you how much your item[s] are worth by examining them once we receive them. We reserve the right to decline to buy any item from anyone at any time.

We will hold the Goods at our facility up to thirty (30) days from the date the Goods are received (the “holding period”). During the holding period you may accept or deny the offer. If you accept the offer, payment will be promptly made to you via check. If you deny the offer, we will, at no cost to you, return your Items to you. If we do not hear from you by the time the holding period expires, the offer will be deemed as accepted, payment will be made to you in the amount of the offer and the purchase shall be deemed final, binding and irrevocable.

• Should you desire, you may call us to determine receipt of your Goods and to receive a telephonic quote for the purchase of your Goods. If you approve the quote, your items will be processed and a check mailed to you. If you do not approve our quote we shall promptly return the Goods to you.

6. Warranties and Representations.
   • You represent and warrant that you are at least eighteen (18) years of age. We reserve the right to request documentation to verify your age. We request that you verify your age by entering your age and information on our website. The information includes the following: your name, address, telephone number, and e-mail address (if available). Furthermore, you must provide your license number or a copy of issuing state or other government-issued identification number with photo. You declare under penalty of perjury that the foregoing information provided is true and correct.
   • You hereby represent and warrant that all Goods you send to us are owned by you and that no other person or entity’s permission is required to process the Goods purchased by us. You agree to indemnify and hold Florida Gold Traders Inc, its officers, employees and subsidiaries, harmless from and against any claims brought by a third party claiming ownership of any items purchased from you by us.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.