JTV Gold Exchange Program Terms & Conditions
Welcome to jtvgold.com, the website for the JTV Gold ExchangeSM Program! These terms and conditions are between MCG Interactive, Inc. (“MCG” or “We” or “Us”) and you. MCG is a sister company to America’s Collectibles Network, Inc. which does business as JTV® and Jewelry Television® (“ACN” and/or “JTV”). These Program Terms and Conditions and these Website Terms and Conditions are effective as of July 21, 2009.
1. Overview of the Program. We purchase items made of gold and platinum (the "Items") for refining. In these Program Terms and Conditions, we use the word "Metals" to refer to platinum or gold. After refining, your Items will be melted, and the Metals will be resold. The amount paid for your Items is based upon two things: (1) the total weight and purity or karat grade (pure precious metal content) of the Metals contained in your 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).
2. What We Don’t Buy. We don’t accept silver in any form or items that are only plated with the Metals. You will not be paid for any stones in your items. We only pay for the gold or platinum itself. If there are stones in your items that you want to keep, you should remove them prior to sending in the packet. The stones will not be returned to you if you decide to sell your precious metals. We don’t accept Items which 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 you get the best possible price for these items, We recommend you visit another reputable source. We reserve the right to decline to purchase your 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 your Items, We’ll return them to you at no cost to you.
Although we will generally buy Metals in any amount you wish to send, we have certain limitations:
• No single shipment can exceed $2,500 in payout value;
• During any calendar year, we will not make payouts to any single address that exceed $7,500; and
• During any calendar year, we will not accept more than four packages from any single address.
The above limitations may be modified if you provide a copy of government issued identification bearing your photograph.
For questions or for Customer Service, you may contact Us via email at firstname.lastname@example.org or by telephone at 1-800-913-8113. As We discuss more fully below, you can communicate with Us about the Program through either email or by telephone.
3. Requirements to Participate in the Program. You must be at least eighteen (18) years of age in order to sell Items containing Metals to Us. You must also be the legal owner of any and all Items that are sold or that you attempt to sell to Us. 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 your age or ownership, and decline to purchase your Items if We do not receive such documentation in a reasonable time. By shipping your Items to Us, you’re representing that you are the legal owner of them, that you have the authority to sell them and that you accept all terms and conditions set forth herein. These terms and conditions are subject to change. You understand this, and by participating in the Program, you agree to it.
4. Summary of Our Procedures. You may register for the Program through the Website or by calling Customer Service at 1-800-913-8113. For registration through the Website, you should go to www.jtvgold.com. You will be asked to fill out a form requesting a Program packet (the "Packet"). For telephone orders, you will request a Packet and provide your name and address.
The Packet. After registration on the Website or by telephone, a Packet will be shipped out to you within two (2) business days (excluding holidays). The Packet will contain information about the Program, as well as instructions and materials to allow you to submit Items to Us, such as a prepaid shipping envelope and a resealable plastic bag for your Items. We will send you emails, if provided, when We ship your Packet to you and when We receive your Packet from you.
Evaluation and Offers. After We receive your Items and evaluate them, We’ll send you a response by email within two (2) business days (excluding holidays). If We decide your Items are appropriate for purchase, We’ll make an offer (the "Offer") to you, 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 packet is received. As part of the Offer, you’ll be able to watch a video of your Items being unpacked and weighed.
Accepting the Offer. Your acceptance of the Offer will be by email or in a recorded telephone conversation. If you accept the Offer ("Acceptance"), you’ll be paid the sum in the Offer by check. We’ll mail the check within two (2) business days from the date of your Acceptance. We’ll send confirmation of your Acceptance either by email or U.S. Mail. By cashing, endorsing or depositing the check, you’ll also be confirming your Acceptance of our Offer and your consent to these Program Terms and Conditions.
Rejecting the Offer. You’ll also have the option to reject our Offer ("Rejection"). In that event, We’ll ship the Items back to you within two (2) business days. You’ll incur no shipping charges, and We’ll insure the package with your Items up to $500. We’ll send confirmation of your Rejection either by email or U.S. Mail.
If You Don’t Respond. If We don’t receive a response to our Offer within eight (8) days, We’ll send you a reminder by email, if provided. If We still haven’t received a response from you within six additional days (a total of fourteen days from the Offer), the Offer will be withdrawn, and We’ll return your Items to you at no additional charge.
5. Other processing information. You can check on the status of your Items by going to www.jtvgold.com or by calling Customer Service at 1-800-913-8113. We’ll respond to any inquiries you have about the Program within two (2) business days (excluding holidays). The hours of our customer service department are Monday-Friday 9AM-7PM, Eastern Time.
If you don’t have an email address or if you prefer to communicate by phone, We will notify you of the Offer and receive your Acceptance or Rejection, as outlined in these terms and conditions, by telephone in a recorded telephone conversation.
We will not finalize the processing of your Items until 12 days after Your Acceptance of Our Offer. We call this our "Hold Period." By cashing, negotiating or depositing the check for the Items, you agree to waive the Hold Period. From time to time, we may offer bonus payments to those who accept certain Offers ("Bonus Payment"). Bonus Payments may take a variety of forms, such as checks or gift cards. By utilizing a Bonus Payment (e.g. cashing a bonus check or using a gift card), you agree to waive the Hold Period.
6. Proper Shipment. We reserve the right to reject delivery of any Packet, mail, envelope or package which appears to be damaged, opened, or tampered-with and any such Packet, mail, envelope or package will be returned to you at no charge. We won’t have any liability to you for any such items contained in any such attempted delivery or in return of any such Items.
7. Insurance Limitations on Shipped Items. If you use the prepaid shipping envelope in your Packet, your items will be insured with the carrier for a maximum value of five hundred dollars ($500). It’s your responsibility to have the carrier electronically scan the prepaid envelope into its tracking system to ensure that the carrier accepted possession of the envelope. If you think your Items are worth more than $500, We recommend that you contact Us for further instructions. Any Items returned to you 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. You agree that your sole remedy for losses that occur during shipment is to process a claim with the carrier.
8. If you change your mind. During the Hold Period or until you cash, negotiate or deposit the check for the Items or until you utilize a Bonus Payment (as discussed above), you can change your mind, revoke your Acceptance, and ask for your Items back. After your Acceptance, any revocation of Acceptance and request for your Items back ("Revocation Request") must be in writing and received by JTV Gold ExchangeSM, together with the check for the Items, within the 12-day Hold Period. The address for JTV Gold ExchangeSM is Processing Center, 500 Quality Boulevard, Fairfield, Ohio 45014. To make certain that we know the Revocation Request is coming, We suggest that you notify Customer Service at 1-800-913-8113. We’ll ship your Items back to you at no additional charge. By cashing, negotiating or depositing the check for the Items, you waive your right to a hold period.
9. Disclaimer and Limitation 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 YOU 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 EXCEED THE AMOUNT OF THE OFFER. IF THERE HAS BEEN NO OFFER, THEN MCG’S AND JTV’s LIABILITY SHALL NOT EXCEED TWENTY DOLLARS AND NO CENTS ($20.00). THIS LIMITATION OF LIABILITY SHALL BE BINDING ON EACH AND EVERY CUSTOMER AND ON ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE CUSTOMER AND THE CUSTOMER’S SUCCESSORS, ASSIGNS, INSURANCE CARRIERS AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO CUSTOMER’S TRANSACTION.
10. Indemnity. You 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, arising out of or relating to your breach of these Program Terms and Conditions and/or your participation in the Program; provided, however, this indemnity shall not apply to any claims, losses, damages, liabilities, costs or demands resulting from the gross negligence or willful misconduct of JTV of MCG. The foregoing indemnification obligation shall survive termination of these Program Terms and Conditions and the conclusion of the purchase of any of your Items under the Program.
11. Entire Agreement. If you participate in the Program solely by telephone, these Program Terms and Conditions constitute the entire agreement between you and MCG concerning the Program, and they will supersede all previous written or oral agreements between you and MCG concerning the Program. For those who participate in the Program through the Website (either completely or in part), the Website Terms and Conditions will supplement the Program Terms and Conditions, and together, they will supersede all previous written or oral agreements between you and MCG concerning the Program and/or the Website.
12. Applicable Law. These Program Terms and Conditions and the rights and obligations arising out of or relating to the Program shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions. The exclusive venue for any litigation arising out of, or related to participation in the Program, these Program Terms and Conditions, or use of the Website shall be in the United States District Court for 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 exclusive forum and venue for any such action. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. 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 Program 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 Program 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.
LAST REVISED: January 14, 2011.