Introduction Last Updated (14 August 2020)

Welcome to GoldtoCash.us website (“Website”) a property of X Gravity, LLC.

At GoldtoCash.us, you can sell your gold jewelry and precious metals from the comfort of your home. Through the Website, we offer our customers a fast, safe, secure, discrete, and convenient way to sell their valuables and get paid directly from us in return (the “Services”). We aim to provide you with the utmost confidence and security when you transact with us. As a result, we have created the following Terms and Conditions to assure you and eliminate, as best as possible, any confusion you may have about our business practices.

The following terms and conditions constitute a legally binding contract by which we run the Service.

Definition of Terms

Capitalized terms not defined below have the meanings described in the elsewhere in the Site legal documents.

“You” and “Your” means the person entering into an agreement with us for the sale of precious metals, gemstones, jewelry, and other personal ornaments.

"We", “Us” or "The Company" means X Gravity, LLC, goldtocash.us, its employees, owners, directors, successors and assigns.

“Merchandise” means precious metals, gemstones, jewelry, and other personal valuables you want to sell us.

“Transaction” means the sale and purchase of precious metals, gemstones, jewelry, and other personal valuables.

“Payment Method” means the method you choose to receive payment of the offer for your Merchandise upon offer acceptance by you.

Describing your Merchandise

You agree to accurately describe the Merchandise you send to us on the Information Card which you will receive from us by mail or you can print from our website. If we conclude, in our sole discretion, that there are notable inconsistencies between the Merchandise described on your Information Card and the Merchandise we receive, or if the Information Card was not included in the package, we may terminate or suspend the Transaction with notice to you. In the event that we terminate the Transaction, we will ship back to you your Merchandise within 2 business days at our expense using the shipping method of our choosing. You agree that we are only responsible for insuring the value of your Merchandise up to $1,000.

Ownership of Merchandise

You agree that:

You are at least 18 years old.

You have full authority to sell the Merchandise offered to be sold to us;

You are the legal owner of the Merchandise offered to be sold to us;

You are acting on your own behalf, and not as another’s agent or representative; and

Your Merchandise is free of any & all claims, encumbrances, liens, or anything else that might adversely affect the value of your Merchandise or your ability to sell it to us.

Shipping

The Company uses FedEx as its primary shipping method. You must use a FedEx shipping label provided to you by the Company. We only insure items using our labels from the time they are scanned and received by FedEx at an approved FedEx location. The Company bears the cost of shipping for Merchandise shipped using our company label. You agree not to send us any hazardous material irrespective of how they are contained.

Loss or Damage Guarantee and Insurance

We provide insurance coverage against loss or damage up to $1,000 for Merchandise in transit. Please note that the insurance coverage only applies to Merchandise shipped using our Company labels and only takes effect from the time they are scanned as received by FedEx at an approved FedEx location. Higher insurance coverage can be requested by emailing us at [email protected] or by calling 564-237-7332.

If a package containing your Merchandise is lost or damaged in transit, you must file a claim with FedEx within the next 14 days of the date the Merchandise was sent to recover lost or stolen items. Your FedEx receipt and tracking number must be contained in the claim.

Receipt of Merchandise

We may videotape the opening of each package of Merchandise we receive as a security measure. We reserve the right, in our sole discretion, to reject any envelope or package that appears to have been damaged, opened, or tampered with prior to delivery. Such package will be returned as soon as possible to you by FedEx for investigation in light of any claim against FedEx.

Valuing Your Merchandise

We will access the value of your Merchandise using a calculation primarily based on the current spot prices, purity of the items, and weight of the applicable precious metal on the day we process your Merchandise and any other factor that we deem to be appropriate. We will make the value of your merchandise available to you online at our Website. You acknowledge and agree that during the appraisal of the Merchandise, we may determine, in our sole discretion, that deeper testing is needed and may place certain acids on the precious metals and this may leave permanent staining and/or scratches on the Merchandise. For Materials that take special effort to evaluate due to it being knotted, tangled, or otherwise, we reserve the right to use estimation to calculate the weight and purity of the Merchandise.

Offer

Upon the determination of the amount of our offer of your Merchandise, we will notify you by email or telephone that our offer for your Merchandise is ready for you to view on our Website by logging in to your Account on the Website. A link to your Account will be provided on the email. You must accept or decline the offer within three (3) calendar days after we present you an offer. You can respond to our offer by logging in to your Account on our website and accepting or declining the offer. If however, you do not perform any action within this time frame, for your convenience, you will be deemed to have accepted the offer and we will issue the payment of our offer to you according to the payment method you initially selected on the form. Upon accepting the offer (or by failing to accept or decline the offer within the time frame set forth above), we will issue the payment of the offer to you within 24 after the offer has been accepted according to the payment method you initially selected on the form after we might have received your Merchandise.

If you choose to decline the offer within the time frame set forth above, we will ship your Merchandise back to the return address that you filled out in the form within two business days at no cost to you. We will offer full insurance for our appraised value of the Merchandise. We will require a signature upon successful delivery. Upon delivery of the Merchandise, the Company is no longer liable for the loss of the Merchandise. You must inform us immediately of any change of return address. We will claim no responsibility for any loss of the Merchandise if the Carrier is unable to deliver to the address on the form.

Method of Payment

You can select one of the following methods of payments for your Merchandise:

• Company Check
• PayPal
• Cash App
• ACH transfer to your bank

If you fail to select a payment method or if you provide incorrect or incomplete payment details, we will issue the payment by Company Check via the shipping service provider of our choice.

You are responsible for any extra transactional fee associated with any payments made to you by us or if you decide to send money back to us. This includes, but is not limited to: transactional fees associated with PayPal transfer, ACH payments, and/or other similar payment methods. You are advised to determine and accept the terms and conditions of the method of payment prior to requesting your method of Payment.

You acknowledge and agree that if you accept the offer by logging in to your Account within the time frame set forth above or you accept by failing to accept or decline within the time frame set forth above, the payment will be sent to you by the Payment Method you selected on the form and the Transaction is final. We will have all rights over the Merchandise and you will have no right to reject the payment or request that the Merchandise is returned to you.

Price Match Guarantee

We offer a Price Match Guarantee. If you have received an offer for your Merchandise from our online competitors prior to you contacting us, we will match their offer (must not be over 90% of the current day’s market value for the precious metal) or we'll send your items back at our own expense. The price match decision is based solely upon our discretion. You must provide us with written documentation of such a competitor's offer before we make you an offer in order to qualify for Price Match Guarantee.

Electronic Communication and Signature

We may communicate with you electronically during any stage of your Transaction with us. You acknowledge and agree to be contacted by us via telephone calls, emails, instant messaging, or SMS text messaging through the contact information you provide to us in your Information Card. You acknowledge and agree that applicable fees from carriers for any of these forms of electronic communication may apply.

For the purpose of the transaction, you hereby agree to receive communications from the Company, our agents, employees, and affiliates electronically. You have the right to unsubscribe from our marketing emails at any time. However, you may not opt-out of emails relating to Transactions.

You agree that clicking a button or icon on Our Website, relating to any agreement, acknowledgment, terms, consent, disclosures, or these terms and conditions, such selection constitutes your electronic signature.

Abuse and Fraud

At our sole discretion, we reserve the right to deny you access to our Services if we believe you are making an attempt to defraud the Company. The Company may take legal action against individuals we believe are knowingly or unknowingly maliciously abusing our FedEx service or other services provided by us and may recover costs.

Limitation on Liability

By agreeing to these terms and conditions and/or engaging in a transaction with us, you agree that in all events throughout these terms and conditions, you agree that the legal limit of our liability to you for any claims, lawsuits or actions for lost, damaged, or destroyed merchandise shall not exceed the lesser of our offer to you or $2,500 per Transaction. You agree and understand that we will not be liable for:

1. Incidental, monetary, special, indirect, punitive or consequential damages, or loss of profit or opportunity.
2. Claims, demands, or actions for any subrogation claim brought by your insurance carrier and you expressly and specifically waive any subrogation claim on your behalf as well as on behalf of your insurance carrier.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses arising out of:

1. Transactions with us,
2. any non-compliance with these Terms and Conditions, or
3. Ownership of, lien on, or title to any Merchandise offered for sale, sold, or claimed or arranged to be sold to us by you.

Governing Law

X Gravity, LLC is licensed to do business in the State of Washington and is governed by the laws of the State of Washington. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST X Gravity, LLC MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN CLARK COUNTY, WASHINGTON, 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-convenient.

ANTI-MONEY LAUNDERING

We have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.

We reserve the right to disclose your personally identifiable information upon request by law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.