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Buyer Of Estates .com Terms Of Service
BuyerOfEstates.com (this “Site”)! This Site is
operated by (“Proxy Services Inc.” “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 and our purchase or offer to
purchase of your estate items or the offer or purchase of your
estate items by our BuyerOfEstates.com Network Agents.
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 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 “BuyerOfEstates.com
Inventory” form located on the Site, and then print out the
document. And ship your estate items to us at your expense we
highly suggest shipping your items via insured USPS.
2.2 Fine Jewelry Appraisal.
Upon receipt of your Fine Jewelry and/or other estate items, we
will evaluate your Fine Jewelry and other estate items and
provide you with a quote by email or phone.
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 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
5 (five) 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 items to you. We will, in our sole discretion, choose the
return carrier, insurance and receipt verification method for
each transaction. We will insure your items for no more than
twice the amount we offer you for your items unless you notify
us by phone or by email that you agree to pay for the additional
insurance you request. If you believe your items are 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 BuyerOfEstates.com
Inventory form unless you specify otherwise in your customer
account section.
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), 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. Any contributions
received via writing, email, electronically or orally via the
phone shall be governed by these terms and policies.
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 Nevada (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 Las Vegas, Nevada.
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 60
days 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 Las Vegas, Nevada, 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 OR OTHER ITEMS YOU SUBMIT TO US, IN OUR SOLE
DISCRETION; (B) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE FINE
JEWELRY OR OTHER ITEMS 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 ($100.00 USD).
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, intentional or otherwise
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.
Updated last: May of 2009. It is your responsibility
to check these terms periodically (monthly) for changes.
At
BuyerOfEstates.com out
extensive, exclusive network of international, national and
local dealer's allows us to offer the highest prices for your
unwanted fine jewelry, coins and watches. Sell diamond
engagement rings, tennis bracelets, wedding bands, diamond stud
earrings, diamond necklaces, other jewels and all types of fine
jewelry through the BuyerOfEstates.com Network for cash.
Just some of what Buyer Of Estates .com Agents buy:
Premiums paid for designer jewelry, and signed pieces.
Please see some examples below.
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Cartier
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Chopard
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David Yurman
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Fred of Paris
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Mikimoto
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Roberto Coin
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Tiffany & Comany
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Estate Jewelry
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Pendants & Necklaces Pins
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Rings
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Designer items &
Signed items
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Wedding bands
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Wedding Rings
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Engagement Rings
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Buyer
of Estates .com is part of the
Buyer of Gold .com Network,
learn how to sell gold and silver online and how to make these
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selling your
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for your items containing gold and silver and other precious
metals is the site:
www.BuyerOfGold.com |
