The terms and conditions below are legally binding on you as a user of My Gold Depot service, the My Gold Depot website(s) and/or as a customer of My Gold Depot and inure to the benefit of My Gold Depot and its successors and assigns.

• Requirements for use. You must be (and by requesting, receiving or using a My Gold Depot Refiner’s Kit or other My Gold Depot materials, sending My Gold depot any gold, diamonds, jewelry, watches or other property or items , whether using a Refiners Kit, other materials provided by My Gold Depot or otherwise (individually, an “item,” and collectively, “Items”), or otherwise conducting business with MY Gold Depot, you represent and warrant that you are):

1. At Least twenty-one(21) year of age;
2. The actual legal owner of any and all Items sold or attempted to be sold to My Gold Depot or specifically authorized in writing to sell the Items to My Gold Depot;
3. Acting on your own behalf and not as the agent or representative of another person, unless specifically authorized in writing; and
4. Intending and agreeing to be legally bound by these terms and conditions

My Gold Depot may request documentation or other proof of compliance with any of these requirements.
You Expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has) full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to My Gold Depot and that you have full authority to solely engage in the transaction with my Gold Depot.

You agree to and will indemnify and hold harmless My Gold Depot from and against any and all claims, suits, investigations, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to My Gold Depot.

• Designation of check payee. The Item Submission Form included in each Refiners Kit provided to you by My Gold Depot includes an area for you to designate the name of the person to be paid by My Gold Depot. In the event that you do not designate yourself as the payee for My Gold Depot’s check for your Items by providing clear and complete contact information on the Item Submission Form, as indicated theron, (1) My Gold Depot will, and you authorize My Gold Depot to hold onto the funds until you can be identified as the owner of the Refiner kit (2) you agree to accept the check in the amount issued by My Gold Depot and you waive your right to return the check and to receive your Items(s) back pursuant to item 3b below
• Offer and Acceptance.

1. After Receipt and appraisal of you Item(s), My Gold Depot will issue a check that constitutes My Gold Depot’s payment for the purchase of your Item(s). Upon your cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided in item 3b below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Item(s) back from My Gold Depot.
2. If you do not wish to accept My Gold Depot’s check and would like you items back, you must call My Gold Depot at 1.800.555.1212 to provide notice of your non-acceptance to a customer service representative within ten (10) days of the date on the check. Even if you call, you must also return your check to the Post Office Box indicated on the top left portion of the check. If My Gold Depot receives your phone call within such ten (10) day period, then after receiving your check My Gold Depot will return your Item(s) without charge to you within fifteen (15) business days.
3. My Gold Depot does not provide written appraisals. In advance of My Gold Depot’s issuing a check, you may request a telephone or E-mail quote for your Item(s). Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment by check wil be issued promptly by My Gold Depot, and you will not have the opportunity to return your check and receive your Item(s) back from My Gold Depot. Conversations and negotiations may, at the discretion of My Gold Depot, be monitored and/or recorded.

• Limitations of Liability

1. My Gold Depot will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than My Gold Depot, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until My Gold Depot acknowledges receipt and verification of your Item(s), even if you send Items in a Refiner’s Kit or other materials provided by My Gold Depot.
2. If you use the prepaid Postal Service package included in the My Gold Depot Refiner’s Kit, in the event of loss of or damage to the contents of a My Gold Depot Refiner’s Kit that you properly ship to My Gold Depot in accordance with the instructions and procedures set forth in the My Gold Depot Materials, My Gold Depot will, subject to these terms and conditions, pay you (and My Gold Depot’s liability will be limited to) an amount equal to the lesser of the one-third (1/3) of the appraised value of the lost contents of Five Hundred Dollars($500.00). My Gold Depot reserves the right, in its sole discretion, to reject delivery of any mail or package that appears damaged, opened or tampered with. Any such rejected mail or package will be returned to you, and My Gold Depot will have no liability in connection with any such attempted delivery or return of any Item(s). Accordingly, if you anticipate that value of your Item(s) to be in excess of $500.00, you should send them to My Gold depot via UPS or the Postal Service (using the My Gold Depot Materials) and insure your Item(s) against loss in transit to My Gold Depot for your full anticipated value.
3. In the event of a loss or damage after My Gold Depot acknowledges receipt and verification of an Item, My Gold Depot’s liability will be limited to one-third (1/3) of the appraised value of the lost or damaged Item or Ten Thousand Dollars($10,000.00), whichever is less.
4. If you do not provide My Gold Depot with a written third party appraisal (issued prior to delivery to My Gold Depot) for the Item, the value of your Item for the purposes of My Gold Depot’s liability will be $175, for loss or damage prior to My Gold Depot’s acknowledgment of receipt and verification, or the liquidation value determined by My Gold Depot in its sole discretion, for loss or damage after acknowledgement of receipt and verification. You expressly acknowledge and agree that if you do not provide such an appraisal, My Gold Depot’s determination of value shall be conclusive and binding.
5. In order to make a claim for loss or damage of an Item, you must submit a claim to My Gold Depot after thirty (30) days and within ninety (90) days of your mailing the Item to My Gold Depot. Such claim must be made on the claim form provided by My Gold Depot (available on request). My Gold Depot will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to My Gold Depot in accordance with the instructions on the claim form. IN addition, you must submit all supporting documentation with the completed and signed claim form.
6. My Gold Depot reserves the right, in its sole discretion, to reject delivery of any Refiner’s Kit, ail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and My Gold Depot will have no liability for any such attempted delivery or return of any Item(s).
7. Except as expressly provided in items 4b and 4c, My Gold Depot will have and assumes no liability whatsoever, whether arising in connection with the use of the My Gold Depot service, My Gold Depot website(s) or a Refiners Kit or other materials provided by My Gold Depot, the loss of any Item(s), or for any other reason, including, without limitation, My Gold Depot’s own acts or omissions. My Gold Depot will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).

• Return Insurance Liability Limitation. My Gold Depot will insure any item returned to you at the amount of two (2) times the offer made by My Gold Depot for such Item (regardless of whether and in what amount it was insured for when mailed by you). If My Gold Depot receives a written request from you prior to return shipment of your Item(s), My Gold Depot will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. My Gold Depot will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, My Gold Depot will have no liability whatsoever in connection with the return of any Item(s) to you.
• Privacy Policy. My Gold Depot’s privacy policy is posted at www.MyGoldDepot.com. Such Privacy policy, as amended from time to time, will be binding on you. My Gold Depot reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by My Gold Depot.
• Legal Compliance. My Gold Depot has instituted a compliance program under the USA PATRIOT ACT. You may be asked for information to help us comply with such program.
• Binding Effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with MY Gold Depot. In no event will My Gold Depot be liable to any third party, including, without limitation, any insurance carrier. My Gold Depot will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
• Choice of law, waiver and claims. These terms and conditions, and all My Gold Depot, will be governed by the laws of the State of Florida without regard to its conflict of law provisions. My Gold Depot’s failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the My Gold Depot service or website(s) or otherwise with My Gold Depot must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim of action must be filed in the State of Florida. My Gold Depot will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of Florida, including but not limited to, attorney’s fees incurred by My Gold Depot.