Terms and Conditions
Legal Terms and Conditions
Tiger Metals Exchange®, LLC
Terms & Conditions
In the Terms and Conditions set forth below, the terms "you" and "your" refer to the person or persons owning and sending gold, platinum, and silver jewelry, or other precious metals including bullion, coins, rare coins (hereinafter referred to as "Merchandise") to Tiger Metals Exchange®, LLC (hereinafter referred to as "TME") for sale, purchase, or refining (hereinafter referred to as "Transaction"). "We", "our", and "us" refer to TME and its successors and assigns.
In order to do business and conduct your Transaction with us, you must accept the Terms and Conditions set forth below. YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY BY CLICKING RUSH MY FREE KIT or FAST CASH NOW !
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 Merchandise that you sell or are attempting to sell to us (f) you are acting on your own behalf, and not as another’s agent or representative, and (g) your Merchandise is free of any & all claims, liens, or anything else that might adversely change the value of your Merchandise or your ability to sell it to us. We reserve the right to request documentation and other proof of compliance with the requirements contained in this Section.
Government Agency Compliance
Effective October 1, 2009, the State of Florida (Statutes Section 538.32) requires TME to obtain your driver’s license number (or other government issued ID number) and a signed sworn statement in order to process your payment.
Merchandise Descriptions
You agree to accurately list and describe the Merchandise that you send to us on a packing slip, which you can print from our website. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise as described on your packing slip and the items we receive, or if no packing slip was included in the package, we may suspend or terminate the Transaction with notice to you. In the event that we terminate the Transaction, we will ship your Merchandise to you within 2 business days at our cost by the shipping method of our choosing, and you agree that we will only be responsible for insuring the value of your Merchandise up to $100.
Inbound Shipping Options, Costs, and Insurance
FedEx® shipping
If you choose FedEx® shipping, we will either mail you all the shipping and packaging materials at our expense or you may print your own air bill, packing slip, and instructions from our website. If you choose this method of shipping and use a FedEx® shipping label provided by us, we will pay your inbound shipping costs, including insurance up to $75,000. If you believe that you need additional insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise using this method of shipment.
UPS® shipping
If you choose UPS® shipping, we will either mail you all the shipping and packaging materials at our expense or you may print your own air bill, packing slip, and instructions from our website. If you choose this method of shipping and use a UPS® shipping label provided by us, we will pay your inbound shipping costs, including insurance up to $75,000. If you believe that you need additional insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise using this method of shipment.
Choosing your own shipping method
You can choose to ship your Merchandise at your own risk and expense in which case you still agree to print a packing slip and instructions from our website. If you choose to ship your Merchandise at your own risk, or choose not to use a FedEx® or UPS® air bill provided by us in any event, you agree to pay for all inbound shipping expenses, to insure your Merchandise at your own cost for full value with the shipper, arrange for package tracking, and waive any and all claims against us for any loss or damage to the Merchandise during transit. Any claims for lost or destroyed Merchandise must be made against the shipper - not us.
If you send us your Merchandise using FedEx® or UPS® with an air bill provided by us, and your Merchandise becomes lost in transit, we will file a claim with the shipper and pay you the value of any settlement received from the shipper and/or our insurance company.
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 a means of our choice. For purposes of these Terms and Conditions, any inbound package that we reject will not be deemed to have been "received" by us. We will have no liability to any customer for returning envelopes or packages in this manner.
Receipt and Valuation of Merchandise
We videotape the opening and the contents of each package of Merchandise we receive. For a limited time, you may watch this video in your login area of our website or make arrangements with us to order a copy of the video. You agree that you fully understand how to use our website and have established your own unique password and customer account on our website in order to access information pertaining to your Merchandise.
Upon receipt of your Merchandise, we will weigh and evaluate your Merchandise, enter your Merchandise into our database and determine its valuation based upon the current real time “spot” price provided by the COMEX (Commodity Exchange), the leading commodity exchange in the US for metals and a division of the NYMEX (New York Mercantile Exchange). We purchase Merchandise for refining value, not for resale. Prices for Merchandise are based solely on the weight of your Merchandise and karat grade contained in your Merchandise, not on its potential value if resold intact. For this reason, we cannot pay for gemstones in your Merchandise.
Settlement and Acceptance
Upon processing your Merchandise, we will notify you by email, text message or telephone that your Merchandise and our settlement payment for your Merchandise ("Settlement") is available for you to view on our website by logging into your customer account ("Settlement Notice"). You must accept or decline your Settlement within 60 days after we send our "Settlement Notice" to you by logging into your customer account on our website using and accepting or declining the Settlement.
If you have not logged into your customer account on our website to accept or decline your Settlement within the time frame set forth above, then you will be deemed to have accepted the Settlement, and we will issue payment of your Settlement to you according to the method you initially selected on your packing list form.
Upon your acceptance of the Settlement (either affirmatively, or by failing to decline or accept the Settlement within the time frame set forth above), we will send your Settlement to you by the end of the next business day after we receive your Settlement Notice in accordance with the method of payment you selected for your Settlement on the packing list form. Your payment may be processed sooner if you log into your customer account and selecting: "I accept. Please speed my payment."
Settlement Payment
You can select one of the following methods of payments for your Settlement on the packing list form:
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ACH, electronic bank transfer into your bank account in accordance with the instructions you provided to us;
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Company check sent via USPS;
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Company check sent via FedEx® Overnight shipping with the fee deducted from the payment of your Settlement;
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Wire transfer into your bank or brokerage account in accordance with the instructions you provided to us with the fee deducted from the payment of your Settlement; or
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If you fail to select a method of payment, then you will receive a company check via USPS.
It is your responsibility to know the terms and conditions of the method of payment you select as set forth herein and as stated on our website.
By selecting the payment of your Settlement by deposit of an ACH into your bank account, or wire transfer into your bank or brokerage account on the packing list form, you acknowledge and agree that if you affirmatively accept the Settlement within the time frame set forth herein, or accept the Settlement by default (i.e., by failing to decline or accept the Settlement within the time frame set forth above) the Transaction is final, payment will be sent to you by the method you selected on the packing list form, we will own the Merchandise, and you will have no right to decline the Settlement or claim that the Merchandise be returned to you and the Merchandise will be destroyed in accordance with our procedures which include smelting and refining. You further acknowledge and agree that if you had selected payment by company check on the packing list form instead of by direct deposit, you would have had a right to a return period as specified below.
Returned Merchandise- Outbound Costs and Insurance
If you decline the Settlement within the time frame set forth above, then we will ship your Merchandise to you at the address indicated in our records within 2 business days via a shipping method of our choice at no cost to you, and insuring your Merchandise for full value of the Settlement.
If you elected payment by check and you change your mind about selling your Merchandise, you must notify us either by email or by phone no later than 10 days after the date upon which we issue payment to you. If you do not contact us within this period of time, the Merchandise will be destroyed in accordance with our procedures which include smelting and refining and we will no longer be able to return it to you.
This 10-day return period cannot be altered for any reason, and we will not be responsible for any loss or damage of any kind if you do not contact us within this return period for return of Merchandise.
If a package containing your Merchandise is lost in transit while being returned to you in accordance with these Terms and Conditions, we will file a claim with the shipper and pay you the full value of the rejected settlement.
Electronic Signature
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE RUSH MY FREE KIT OR FAST CASH NOW ! ON OUR WEBSITE CONSTITUTES YOUR ELECTRONIC SIGNATURE.
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 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.
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”) 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. And, you acknowledge that this license does not obligate us to use your name in connection with your Contributions.
Our Intellectual Property Rights
All of the content on this Site (the “Materials”) and 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 by this Agreement. 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.
Survival
Even after your use of this site has ended, this Agreement shall remain in effect.
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.
Choice of Law, Form and Venue
TME® is licensed to do business in the State of Florida and is governed by the laws of the State of Florida. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST TME MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN PINELLAS COUNTY, FLORIDA, USA and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-conveniens. The Convention for the International Sale of Goods shall not apply.
Limitation on the Time to File Actions
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.
Attorney’s 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 PINELLAS COUNTY, FLORIDA, USA, including but not limited to attorney’s fees.
Disclaimers
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF THE COMMODITY PRICE DATA APPEARING ON THIS SITE. THIS DATA IS PREPARED BY THIRD PARTIES, AND WE INCLUDE THIS DATA ONLY FOR GENERAL INFORMATIONAL PURPOSES.
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 OF IT.
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.
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).
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, THE MATERIALS OR ANY OTHER CONTENT ON THE SITE.
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 OUR PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF THE FOLLOWING: (A) OUR SETTLEMENT TO YOU FOR ALL THE MERCHANDISE THAT YOU SUBMIT TO US, OR (B) ONE HUNDRED DOLLARS ($100).
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 on the Site or the 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.
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.
No Third Party Beneficiaries
This Agreement is between you and us. There are no third party beneficiaries to this Agreement.
Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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.
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.
Assignment
You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.
Miscellaneous
You agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further agree that: (a) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.
In the event of any strike, disruption of service, or any other problems that we might encounter with shippers, we reserve the right in our discretion to use any shipping carrier.
All references to days shall refer to business days. Saturdays, Sundays, and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or federal legal holiday, performance will be due on the next business day. Merchandise received after 12:00 p.m., or on any Saturday, Sunday, or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 6:00 p.m. in Florida on the appropriate day.
Notwithstanding any other provision herein to the contrary, we reserve the right to suspend or enlarge any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth above may be suspended or extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning our website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes and other storms.
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.
