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The terms and conditions below are legally binding on you as a customer of
Cash America StrikeGoldNow and Cash America International, Inc.,
(collectively, "Cash America") and inure to the benefit of Cash
America
and its subsidiaries, successors, officers, directors, assigns, agents and
employees.
Requirements for Usee
You must be at least eighteen (18) years of age to order a Cash America StrikeGoldNow
kit, send Cash America your gold, jewelry or other property or to otherwise
conduct business with Cash America. In addition, you must be (and, by submitting
your item, you represent and warrant that you are) the actual legal owner of any
and all gold, jewelry and other property sold or attempted to be sold to Cash America.
You further represent and warrant the property sent to Cash America is free of any
liens or other encumbrances. Cash America may request documentation or other
proof of compliance with these requirements.
150% Value Guarantee
Cash America will beat any online competitor’s written offer by 50%. An
online competitor is any online business who’s primary business is the purchase
of gold online. The online competitor’s written offer must (i) describe the same
items sent to Cash America for evaluation, (ii) specify the amount being
offered to the customer for the items, less any fees charged by the competitor,
and (iii) not be more than fourteen (14) days old from the date Cash America
receives the offer. The online competitor’s offer must be submitted at the time
you submit your items to Cash America and the items subject to the
competitor’s offer must meet Cash America’s requirements for purchase. This
150% Value Guarantee is offered to online StrikeGoldNow customers only and is not available at Cash America store locations.
Evaluation and Purchase of Items
Cash America will accept gold and platinum for evaluation and evaluate
both based on the item’s purity and gram weight. Although Cash America
does not accept gold-filled. gold-plated, colored stones, (including precious,
semi-precious, lab-created, imitation or synthetic gemstones) or silver items
for purchase, it may assess a nominal value to these items and make a nominal
offer for these items for administrative purposes. The purity of gold is tested
using acceptable industry practices. Diamonds will be evaluated based on the
item’s authenticity, carat weight, color, clarity and cut quality as well as the
current market value. Due to the difficulty in authenticating and verifying the
quality of colored stones, If you submit a colored stone, Cash America
will evaluate the precious metal content, if any, associated with the item and
base any check offer primarily on the precious metal content.
Check Offers for Items
If your items meet the purchase requirements set forth herein or are assessed a
nominal value, Cash America will issue a check offer payable to you
within two (2) business days of receiving your items. The amount of the check
offer is final and not subject to negotiation. Our 30 Day Return Guarantee
states that you may choose to reject our check offer any anytime within 30 days
from the date printed on the check. If you decide to reject Cash America’s
check offer, Cash America reserves the right, in its sole discretion, either to
request the check be returned or to place a stop payment on the check. Once the
check offer is returned to Cash America or otherwise voided, your items
will be returned to you as provided herein.
Guaranty Against Loss / Limitation of Liability
The limitations of liability shall be binding on you and any third party,
including, but not limited to, you and your successors, assigns, insurance
carriers and any other individual or entity asserting any right or claim
relating to your transaction with Cash America. In no event shall Cash
America be liable to any third party, including any insurance carrier.
Cash America shall not be liable for any subrogation claim brought by your
insurance carrier, and, by submitting an item to Cash America, you
expressly waive any such subrogation claim on your behalf as well as on the
behalf of your insurance carrier.
If any of your item(s) are lost, Cash America’s liability is limited to
the LOWEST of the following: (1) the liquidation value placed on your
item(s) by Cash America in its sole discretion; (2) One third (1/3) of
the appraised value or the purchase receipt value for your item(s) (the
appraisal must be written prior to the date of the submission your item(s) to
Cash America and must be issued by a licensed appraiser); or (3) One Thousand
Dollars ($1000) provided you provide purchase receipts or appraisals, as
described above.
If your item(s) are received by Cash America or by you (in the case of a
return), you acknowledge and agree that Cash America’s liability will be
limited to One Hundred Dollars ($100) unless you provide pictures as well as
written appraisals or purchase receipts (as described above) for the item(s) to
Cash America in connection with an insurance claim, as described below.
Except as expressly provided in these terms and conditions, Cash America will
have no liability to you whatsoever, whether arising in connection with your use
of the Cash America StrikeGoldNow website, loss of gold, jewelry or other
property or for any other reason, including, without limitation, Cash America's
own acts or omissions. In no event will Cash America's liability to you exceed
One Thousand Dollars ($1000). Cash America will not be liable to you for any
damages, including but not limited to, incidental, consequential, punitive, loss
of profit or opportunity, other than as expressly set forth in these terms and
conditions.
By submitting your item(s), you expressly acknowledge and accept this limitation
of liability. If you believe your item is worth more than One Thousand Dollars
($1000), we recommend that you insure your shipment at your own expense.
Claims Procedures
In order to make a claim for loss to Cash America, you must submit a
claim to Cash America in writing within forty-five (45) days of the date
you shipped your items to Cash America. Cash America will not accept or
process your written claim unless it includes your Customer ID number, a
description of the alleged loss, and includes any and all supporting
documentation, including but not limited to, a written appraisal, pictures and
receipts, if any. Failure to comply with these requirements will result in the
denial of your claim by Cash America.
Return of Merchandiseturn of Merchandise
If you reject Cash America’s check offer, your item(s) will be returned to you within fifteen (15) days of receipt of the “voided” check offer from you. If you do not cash the Cash America’s check offer within forty-five (45) days after it was mailed to you, your item(s) will be returned to you within fifteen (15) days after that period. All items will be returned through the United States Postal Service to the address provided.
If Cash America receives a Gold Kit that contains no item(s) that we can purchase, the item(s) will be returned through the United States Postal Service at the address provided within fifteen (15) days of receipt of the Gold Kit.
In addition, Cash America reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package that appears damaged, opened or tampered with, and any such rejected mail, envelope or package will be returned to you.
Cash America will insure any item returned to you with a value of the lesser of One Thousand Dollars ($1000) or the value assessed to your item by
Cash America (regardless of what amount it was insured for when mailed by you).
Cash America will not insure any item with a value of less than Fifteen Dollars ($15).
Choice of Law, Waiver, and Claims
These terms and conditions, and all Cash America transactions, shall be governed by the laws of the State of Texas without regard to any conflicts of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Tarrant County, Texas, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this website must be filed within one year after such claim or cause of action arose or will be forever barred.
TERMS AND CONDITIONS OF WEBSITE USE
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use ("Terms of Use") apply to the World
Wide Web site owned, operated, licensed, and controlled by Cash America International,
Inc., including its related, affiliated, or subsidiary companies (together, "Cash
America") located at www.cashamerica.com, and all associated Cash America sites
linked to this Web site (collectively, the "Site"), except CashNetUSA,
which has its own Terms and Conditions. This Site is the property of Cash America.
Please read this page carefully. By using this Site, you agree to these Terms of
Use; if you do not agree, do not use this Site.
Cash America reserves the right at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility to
check these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the changes.
As long as you comply with these Terms of Use, Cash America grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Intellectual Property
This Site, the content, any materials downloaded, and all intellectual property
pertaining to or contained on the Site (including but not limited to copyrights,
patents, database rights, graphics, designs, text, logos, trade dress, trademarks
and service marks) are owned by Cash America or third parties and all right, title
and interest therein shall remain the property of Cash America and/or such third
parties (collectively, the "Content"). All Content is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
You are authorized solely to view and retain a copy of the pages of the Site for
your own personal, non-commercial use. You may also view and make copies of relevant
documents, pages, images or other materials on this Site for the purpose of transacting
business with Cash America. You agree that you will not duplicate, publish, modify,
create derivative works from, participate in the transfer of, post on the World
Wide Web, or in any way distribute or exploit the Site, or any portion of the Site
for any public or commercial use without the express written consent of Cash America.
Additionally, you agree that you will not (i) remove or alter any author, trademark
or other proprietary notice or legend displayed on the Site (or printed pages produced
from the Site); and (ii) make any other modifications to any documents obtained
from the Site other than in connection with completing information required to transact
business with Cash America.
Site Security
As a condition of your use of this Site, you agree that you will not, and you will
not take any action intended to: (i) access data that is not intended for you; (ii)
invade the privacy of, obtain the identity of, or obtain any personal information
about any Cash America customer or user of this Site; (iii) probe, scan or test
the vulnerability of this Site or the Cash America network or breach security or
authentication measures without proper authorization; (iv) attempt to interfere
with service to any user, host or network or otherwise attempt to disrupt our business,
including, without limitation, via means of submitting a virus to this Site, overloading,
"flooding," "spamming," "mail bombing" or "crashing;"
or (v) send unsolicited mail, including promotions and/or advertising of products
and services. Violations of system or network security may result in civil or criminal
liability.
Privacy
Cash America's Privacy Notice applies to use of this Site, and its terms are
made a part of these Terms of Use by this reference. Additionally, by using the
Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the
Site may be read or intercepted by others, notwithstanding Cash America's efforts
to protect such transmissions.
Logos, trademarks, images, etc. are the property of Cash America unless otherwise
noted and may not be copied, used, linked, disseminated, etc. without Cash America's
prior express written approval. Requests for approval should be directed to: support@strikegoldnow.com.
Disclaimers
CASH AMERICA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS
SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND
ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CASH AMERICA
CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE
WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CASH AMERICA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASH AMERICA DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION
WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CASH AMERICA FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH
CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER CASH AMERICA, NOR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO
YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, EVEN IF CASH AMERICA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH
YOU, CASH AMERICA'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING
TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED
TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation
may not apply to you.
Indemnity
By using the Site, you agree to defend, indemnify, and hold harmless Cash America
from and against any and all losses, claims, damages, costs and expenses (including
reasonable legal and accounting fees) that Cash America may become obligated to
pay arising or resulting from your use of this Site, the Content, or your breach
of these Terms of Use. Cash America reserves the right to assume or participate,
at your expense, in the investigation, settlement and defense of any such action
or claim.
Investors Relations
Investor Relations materials on this Site are provided as a convenience only, and
speak only as of their original date; available information may change at any time
and may not be reflected on the Site. Cash America does not assume any duty of disclosure
beyond that which is imposed by law and expressly disclaims any duty to update any
information set forth in its filings with the U.S. Securities and Exchange Commission
("SEC") or contained in this Site.
Additionally, you should note that Cash America periodic reports filed with the
SEC include disclosure therein of certain factors that may affect Cash America's
future performance. Individual statements appearing in Cash America's SEC filings
are intended to be read in conjunction with and in the context of the complete documents
in which they appear, and to include any documents incorporated therein by reference
thereto, rather than as stand-alone statements.
Linking
This Site may contain links to sites maintained by third parties. Cash America is
not responsible for the content or privacy policies of those sites, and the existence
of such links should not be considered an endorsement or recommendation of those
sites or of any product or service offered on those sites or of any party that is
associated with those sites. Please note that other web sites and web pages linked
to this Site may be governed by separate terms and conditions, including privacy
policies. Please refer to the applicable terms and conditions of those web sites
and web pages when visiting them.
Minors
This Site is not directed at children under the age of thirteen (13) and Cash America
does not knowingly collect personal information from any child under the age of
thirteen (13) at this Site.
Law and Venue
This Site is located in the State of Texas. These Terms of Use and the relationship
between you and Cash America shall be governed by the laws of the State of Texas
without regard to its conflicts of law provisions. You agree to the personal jurisdiction
by and venue in the state and federal courts in Tarrant County, Texas, and agree
and consent that such courts are the exclusive forum for litigation of any claim
or cause of action arising out of or relating to your use of this Site or the Content.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or relating to your use of this Site or the Content must
be filed within one year after such claim or cause of action arose or be forever
barred.
Miscellaneous
Any failure by Cash America to exercise any rights or enforce any of these Terms
of Use shall not constitute a waiver of such rights or terms. If any provision of
these Terms of Use or their application in a particular circumstance is held to
be invalid or unenforceable to any extent, the remainder of these Terms of Use,
or the application of such provision in other circumstances, shall not be affected
thereby, and each provision hereof shall be valid and enforced to the fullest extent
permitted by law. These Terms of Use constitute the entire agreement between you
and Cash America with regard to your use of the Site, and any and all other written
or oral agreements or understandings previously existing between you and Cash America
with respect to such use are hereby superseded and cancelled. Cash America will
not accept any counter-offers to these Terms of Use, and all such offers are hereby
rejected.
This Site and its Content are directed to persons residing in the United States.
You may not use or export or re-export any portion of this Site or its Content in
violation of any applicable laws or regulations, including without limitation United
States export laws and regulations.
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