We’re excited you’ve decided to participate in the JTV® Gold Party Program! These terms and conditions are between MCG Interactive, Inc. (“MCG” or “We” or “Us”) and all persons who participate in the JTV Gold Party Program. MCG is a sister company to America’s Collectibles Network, Inc. which does business as JTV® and Jewelry Television® (“ACN” and/or “JTV”). These Terms and Conditions are effective as of January 1, 2010.
Overview of the JTV Gold Exchange and the JTV Gold Party Programs. The JTV Gold Party Program (the “Gold Party Program”) is operated in conjunction with the JTV Gold ExchangeSM Program (the “Gold Exchange”). The Gold Exchange purchases items made of gold and platinum (the "Items") for refining. In these Terms and Conditions, We use the word "Metals" to refer to platinum or gold. After refining, the Items are melted, and the Metals are resold. The amount paid for Items is based upon two things: (1) the total weight and purity or karat grade (pure precious metal content) of the Metals contained in the Items, and (2) the market value of the Metals according to the current London Fix (the price set during two daily bidding sessions in London).
Participants in the Gold Party Program fall into two categories, “Hosts” and “Guests.” The Host invites other people (the “Guests”) to submit Items to the Gold Exchange, either at a party or by contacting them individually. The Gold Exchange will evaluate the Items sent by Guests, and will typically make an offer to purchase the Items. Subject to the limitations discussed below, the Host will receive ten per cent (10%) of the amounts paid to his or her Guests by the Gold Exchange.
What the Gold Exchange Doesn’t Buy. We don’t accept silver in any form or Items that are only plated with the Metals. Guests will not be paid for any stones in the Items. We only pay for the gold or platinum itself. If there are stones in Items that Guests want to keep, they should remove the stones prior to sending in the packet. The stones will not be returned if Guests decide to sell their Metals. We don’t accept Items that contain price tickets or other manufacturing tags or tickets. We also don’t accept investment metals (e.g., gold coins, bars, bullion, ingots) or timepieces (e.g., watches, pocket watches). To ensure Guests get the best possible price for these items, We recommend they visit another reputable source. We reserve the right to decline to purchase any Guest’s Items for any reason at our sole discretion, including without limitation, declining to purchase those Items that contain insignificant amounts of the Metals or are otherwise of no value. If we don’t purchase a Guest’s Items, We’ll return them at no cost.
We’ll buy Metals in single shipments up to a maximum payout value of $2,500 per shipment from a single person. For questions or for Customer Service, Hosts and Guests may contact Us via email at email@example.com or by telephone at 1-800-913-8113.
Requirements to Participate in the Gold Exchange and Gold Parties. Hosts and Guests must be at least eighteen (18) years of age in order to sell Items to Us or to participate in the Gold Party Program. Guests must also be the legal owners of any and all Items that they attempt to sell to the Gold Exchange. Selling on behalf of others isn’t permitted, either as an agent or as a representative of any other person or company. We may request documentation concerning the age or ownership of Hosts and Guests, and we may decline to purchase Items or make a Host Payment (defined below) if We do not receive such documentation in a reasonable time. By shipping Items to Us, Guests represent that they are the legal owners of the Items, that they have the authority to sell the Items.
Terms and Conditions Binding; Possible Changes; Cessation of Program. All Hosts and Guests agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change at any time. We reserve the right to terminate the Gold Party Program at any time, and notice of any such decision will be posted on www.jtvgold.com and/or www.jtvgoldparty.com.
The Party Planning Kit and Guest Packets. A Host must have purchased a Party Planning Kit from JTV prior to holding a gold party or otherwise contacting Guests. Each Kit contains twenty (20) Guest Packets, which include brochures, individual gold bags and postage paid, return envelopes for Guests to submit their Items to the Gold Exchange. The Guest Packets will contain information about the Gold Party Program, as well as instructions about how Guests should submit Items to the Gold Exchange. Hosts will distribute the Guest Packets to their Guests. Each Guest Packet will contain a unique code assigned to each Host, which will enable Us to track the Guests associated with that Host.
Host Obligations. Hosts must not act or hold themselves out as agents, employees, partners or joint venturers of MCG, JTV, the Gold Party Program or the Gold Exchange, and no such relationship is intended by JTV, MCG, the Gold Party Program or the Gold Exchange. Hosts have no authority to obligate or bind MCG, JTV, the Gold Party Program or the Gold Exchange in any respect or to enter into any written or oral contract, agreement or commitment of any kind on behalf of JTV, MCG, the Gold Party Program or the Gold Exchange, or to make any warranty or representation about JTV, MCG, the Gold Party Program or the Gold Exchange. Hosts are not authorized, either expressly or impliedly, to offer or communicate amounts that Guests will receive from the Gold Exchange, and Hosts must refer all inquiries about such amounts to the Gold Exchange. Hosts must conduct themselves professionally and ethically and in accordance with all relevant laws. We reserve the right to terminate any Host for breach of these Terms and Conditions or for other improper conduct (as judged in our sole discretion). We likewise reserve the right to refuse all Items from such Hosts or any Guest associated with such Hosts.
Evaluation and Offers. Items sent in by Guests are evaluated by the Gold Exchange. We’ll send a response by email within two (2) business days (excluding holidays). If We decide Items are appropriate for purchase, We’ll make an offer (the "Offer") to each Guest, either by email or in a recorded telephone conversation, to purchase the Items based upon the PM London Gold Fix and the PM London Platinum Fix on the business day the Items are received. As part of the Offer, Guests will be able to watch a video of their Items being unpacked and weighed. In order to respect the privacy of Guests, Hosts will not be able to watch the processing of the Packets sent by their Guests.
Accepting the Offer. Acceptance of the Offer will be by email or in a recorded telephone conversation. Upon acceptance of the Offer ("Acceptance"), Guests will be paid the sum in the Offer by check. We’ll mail the check within two (2) business days from the date of the Acceptance by a Guest. We’ll send confirmation of the Acceptance either by email or U.S. Mail. By cashing, endorsing or depositing the check, the Guest will also be confirming the Acceptance of the Offer and his or her consent to these Terms and Conditions.
Rejecting the Offer. Guests will also have the option to reject our Offer ("Rejection"). In that event, We’ll ship the Items back to the Guest within two (2) business days. The Guest will incur no shipping charges, and We’ll insure the package with the Items up to $500. We’ll send confirmation of the Rejection to the Guest either by email or U.S. Mail.
If the Guest Does Not Respond. If We don’t receive a response to our Offer within eight (8) days, We’ll send the Guest a reminder by email, if an email address has been provided. If We still haven’t received a response from the Guest within six additional days (a total of fourteen days from the Offer), the Offer will be withdrawn, and We’ll return the Items to the Guest at no additional charge.
Other processing information. Guests can check the status of their Items by going to www.jtvgold.com or by calling Customer Service at 1-800-913-8113. We’ll respond to any inquiries within two (2) business days (excluding holidays). The hours of our customer service department are Monday-Friday 9AM-7PM, Eastern Time.
If a Guest doesn’t have an email address or if he or she prefers to communicate by phone, We will notify the Guest of the Offer and receive his or her Acceptance or Rejection, as outlined in these Terms and Conditions, by telephone in a recorded telephone conversation.
We will not finalize the processing of a Guest’s Items until 12 days after Acceptance of our Offer. We call this our "Hold Period." By cashing, negotiating or depositing the check for the Items, a Guest agrees to waive the Hold Period.
Proper Shipment. We reserve the right to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered-with and any such mail, envelope or package will be returned to the Guest at no charge. We won’t have any liability to either any Host or Guest for any such Items contained in any such attempted delivery or in return of any such Items.
Insurance Limitations on Shipped Items. If a Guest uses the prepaid shipping envelope in his or her Guest Packet, the Items will be insured with the carrier for a maximum value of five hundred dollars ($500). It’s the responsibility of each Guest to have the carrier electronically scan the prepaid envelope into its tracking system to ensure that the carrier accepted possession of the envelope. If Guests think their Items are worth more than $500, We recommend that they contact Us for further instructions. Any Items returned to a Guest will be insured for $500 or the amount of the Offer if the Offer exceeds $500. We will, in our sole discretion, choose the return carrier and receipt-verification method, if any, for each transaction. All Guests agree that their sole remedy for losses that occur during shipment is to process a claim with the carrier.
If Guests Change their Minds. During the Hold Period or until Guests cash, negotiate or deposit the check for the Items, Guests can change their minds, revoke their Acceptances, and ask for their Items back. After their Acceptance, any revocation of Acceptance and request for their Items back ("Revocation Request") must be in writing and received by the Gold Exchange, together with the check for the Items, within the 12-day Hold Period. The address for the Gold Exchange is Processing Center, 500 Quality Boulevard, Fairfield, Ohio 45014. To make certain that We know the Revocation Request is coming, We suggest that Guests notify Customer Service at 1-800-913-8113. We’ll ship their Items back to them at no additional charge. By cashing, negotiating or depositing the check for the Items, Guests have waived their right to a Hold Period.
Host Payment. Subject to these Terms and Conditions, a Host will be paid an amount totaling ten per cent (10%) of the sums received by his or her Guests for Items submitted during a 30 day period (the “Thirty Day Period”). This period begins on the day that the Gold Exchange receives the first Items from one of the Host’s Guests. Hosts will receive no payment for Guests who reject Offers, who do not respond to Offers, or who Revoke their Acceptances. For a Host to receive credit for Items sold to the Gold Exchange by his or her Guests, the Guests must send their Items in the bags and envelopes included in the Guest Packets, which bear the Host’s unique identification code.
A check for the amount of the Host Payment will be mailed as soon as practicable after the close of the Thirty Day Period. The time between the close of the Thirty Day Period and the issuance of the Host Payment will vary based on several factors, such as the date Guest Items are received by the Gold Exchange, the time spent by Guests in responding to their Offers, and the twelve-day Hold Period. Host Payments will be sent no later than one month after the close of the Host’s Thirty Day Period.
How Items from Hosts are Treated. Items submitted to the Gold Exchange by Hosts will be handled according to the procedures described above. Hosts will not be paid an additional ten per cent (10%) on Items they submit. For such Items, Hosts will receive an Offer only for the standard sum paid by the Gold Exchange. In other words, the calculation of the Host Payment is based only on amounts paid to Guests by the Gold Exchange.
Information sent to Hosts about Guest Responses. Each Guest authorizes Us to send information about the processing of his or her Items to the appropriate Host, including without limitation, information on whether Items have been sent in by that Guest, whether an Offer was given to that Guest, and how that Guest has responded to the Offer. In addition, Hosts will be advised of the total amount of Offers accepted by their Guests. We will not, however, advise a Host about the amounts of specific Offers given to specific Guests.
Disclaimers and Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL MCG, JTV, OR THEIR SERVICE PROVIDERS, SUPPLIERS OR CONTRACTORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO HOSTS, GUESTS OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MCG OR JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCG’s OR JTV’s LIABILITY TO GUESTS EXCEED THE AMOUNT OF ANY OFFER MADE TO THE GUEST. IF THERE HAS BEEN NO OFFER, THEN MCG’S AND JTV’s LIABILITY TO A GUEST SHALL NOT EXCEED TWENTY DOLLARS AND NO CENTS ($20.00). FOR HOSTS, MCG’S AND JTV’S LIABILITY SHALL NOT EXCEED THE PROJECTED HOST PAYMENT AS DEFINED ABOVE. THIS LIMITATION OF LIABILITY SHALL BE BINDING ON EACH AND EVERY GUEST, EVERY HOST AND ON ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE GUEST OR HOST’S SUCCESSORS, ASSIGNS, INSURANCE CARRIERS AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO ANY TRANSACTION.
JTV AND MCG DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR BEHAVIOR OF HOSTS OR GUESTS, WHETHER AT GOLD PARTIES OR OTHERWISE. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, PERSONAL CONDUCT OF GUESTS AND HOSTS, AS WELL AS STATEMENTS ABOUT JTV, MCG, THE GOLD EXCHANGE OR THE GOLD PARTY PROGRAM.
MCG AND JTV MAKE NO WARRANTY TO HOSTS OR GUESTS ABOUT THEIR PARTICIPATION IN THE GOLD PARTY PROGRAM, EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Indemnity. Hosts and Guests agree to defend, indemnify and hold harmless MCG, JTV and their affiliates, service providers, suppliers, contractors, and their respective employees, officers, directors, agents and representatives from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney’s fees, made by any third party arising out of or relating to a breach by the Guest or Host of these Terms and Conditions or any negligent, wrongful or improper act or omission relating to JTV, MCG, the Gold Exchange and the Gold Party Program. The foregoing indemnification obligation shall survive termination of these Terms and Conditions and the conclusion of the purchase of any of Items from a Guest or Host by the Gold Exchange.
Entire Agreement. If Guests communicate with the Gold Exchange solely by telephone about the Gold Party Program, these Terms and Conditions constitute the entire agreement between them and MCG concerning the Gold Party Program, and these Terms and Conditions will supersede all previous written or oral agreements between such Guests and MCG concerning the Gold Party Program. For those who participate in the Gold Party Program and the Gold Exchange through www.jtvgold.com (the “Website”) (either completely or in part), the Website Terms and Conditions of will supplement these Terms and Conditions, and together, they will supersede all previous written or oral agreements between such Guests and MCG concerning the Gold Party Program.
Applicable Law. These Terms and Conditions shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions. Any and all controversies arising out of, or related to participation in the Gold Parties or the Gold Exchange, these Terms and Conditions, or use of the Website shall be tried in the United States District Court of the Eastern District of Tennessee at Knoxville, Tennessee unless that Court lacks subject matter jurisdiction, in which case the courts of general jurisdiction of Knox County, Tennessee shall be the appropriate forum and venue for any such action. All Hosts and Guests agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Gold Party Program must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General. No waiver by Us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of these Program Terms and Conditions. The headings and captions herein are intended for convenience only and shall in no way affect the interpretation of these Terms and Conditions.
MCG shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance (or changes in any law, regulation or ordinance), or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
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