Terms of Use Agreement
Thank you for visiting DaytonaBuysGold.com(this “Site”)! This Site is operated by Green Boullion Financial Services, LLC (“Green Boullion,” “we,” “us” or “our”) and allows you (“you” or “users”) to: (a) participate in interactive features that we may make available such as requesting a quote for your jewelry, diamonds, fine timepieces or other property (“Fine Jewelry”); or (b) simply view this Site. This Terms of Use Agreement (“Agreement”) governs your use of this Site.
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 21 years of age or older; (e) you are the legal owner of any Fine Jewelry that you sell or are attempting to sell to us; and (f) you are selling or are attempting to sell Fine Jewelry on your own behalf and are not an agent or a representative of a third party. We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section 1.
2.Quote and Appraisal Process, Payment and Returns.
2.1 Requesting a Free Quote and Shipping your Fine Jewelry to Us. To request a quote, please complete the “DaytonaBuysGold Inventory” form located on the Site, and then print out the document. We are proud to offer free UPS labels to ship your material. All Fine Jewelry must be sent insured by UPS or USPS to provide reliability and security. If you wish to use UPS, please complete the “Label Request” form located on the Site, then, print out the UPS label, enclose the completed DaytonaBuysGold Inventory form along with your Fine Jewelry in a UPS shipping envelope, attach the UPS label to the UPS shipping envelope, and ship your Fine Jewelry to us from any UPS location. Your Fine Jewelry shipped via UPS will be insured for up to $500. If you require additional packaging or insurance for your UPS package, please contact our team to provide the necessary instructions.Please note that we only provide customers with free UPS shipping labels. If you want to send your Fine Jewelry to us by means of UPS please contact our team for the necessary instructions.
2.2 Fine Jewelry Appraisal. Upon receipt of your Fine Jewelry, we will evaluate your Fine Jewelry and provide you with a quote by email.
2.3 Accepting/Rejecting a Quote. If you wish to accept the quote, please reply to the email you receive indicating that you accept the quote. If you would like to talk with a Green Boullion representative about the quote, please respond to the email and let us know what phone number we should call. We may, in our sole discretion, record the call, and if you orally accept the quote during the call, you will be deemed to have accepted our offer. Email quotes will be valid for a period of 12 days. Please note that upon your acceptance, oral or written, of such offer, you will be legally bound by this transaction and we will be obligated to make payment and you will not have the opportunity or the right to rescind the transaction. If you do not accept the quote, we will return your Fine Jewelry to you. We will, in our sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. We will insure your Fine Jewelry for no more than two times the amount we offer you for your Fine Jewelry unless you notify us by phone or by email that you agree to pay for the additional insurance you request. If you believe your Fine Jewelry is worth more than $100, we recommend that you insure your shipment for the value you think it is worth.
2.4 Payment. We will issue you a check within twenty four (24) hours of receipt of your acceptance of the quote. We will mail your check to the address you provide on the DaytonaBuysGold Inventory form unless you specify otherwise in writing.
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 usernames 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 Materials (as defined in Section 5 below) or enforce limitations on use of this Site or the Materials on this Site; 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), sublicensable (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 such Contributions. And, you acknowledge that this license does not obligate us to use your name in connection with your Contributions.
5. Our Intellectual Property Rights.
All of the content on this Site (“Materials”), the trademarks, service marks, and logos contained on this Site (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials.
6. Survival. Even after your use of this site has ended, this Agreement shall remain in effect, including in particular sections 1, 2.5, 3-6 and 8-19.
7. 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 Choice of Law. You and we agree that any disputes between us shall be resolved under the substantive law of the state of Florida (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.
8.2 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 Fort Lauderdale, Florida.
8.3 Limitation on the Time to File Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Site or any services we offer must be filed not later than one year after such claim or cause of action arose or such claims will be forever barred.
8.4 Attorney Fees. Each party shall reimburse the other party for any and all costs incurred by the party in defending any civil action filed or attempted to be filed by the other party in any jurisdiction outside of Fort Lauderdale, Florida, including but not limited to attorney’s fees.
9. Disclaimers.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. 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 THEREOF.
WE ASSUME NO LIABILITY OR RESPONSIBILITY AND MAKE NO REPRESENTATIONS OR WARRANTIES FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (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 ANY THIRD PARTY.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. No Subrogation.IN NO EVENT WILL EITHER PARTY 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, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU AND ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LEAST OF THE FOLLOWING: (A) THE LIQUIDATION VALUE PLACED ON ALL OF THE FINE JEWELRY YOU SUBMIT TO US, IN OUR SOLE DISCRETION; (B) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE FINE JEWELRY THAT YOU SUBMIT TO US, WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE FINE JEWELRY TO US; OR (C) 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, your use of this Site, Content or Materials 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 the subject matter hereof.
14. Independent Contractors. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user.
15. No Third Party Beneficiaries. This Agreement is between you and us. There are no third party beneficiaries to the 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. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
19. Assignment. You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.