THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS (“TERMS”) ON WHICH SILVER HOLDINGS, LLC, CASHFORPURSES.COM AND SILVER VISIBILITY (hereinafter, collectively “CashForPurses.com”) OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY AS YOU ARE BOUND BY ALL TERMS HEREIN BY USING HIS WEBSITE OR ANY OR OUR SERVICES IN ANY MANNER.
Welcome to CashForPurses.com. As a condition of your participation, you (hereinafter “You” “Your” or “User”) agree to abide by theses Terms and Conditions (“Agreement”).
By accessing the pages or the information contained on the CashForPurses.com web site located at http://www. CashForPurses.com (“the Site” or “our Site”) through any device or service, or by using the site or service in any manner, You agree to be bound by the following Terms. You may review this Agreement at any time by clicking on the Terms and Conditions link on the Site.
How to use our services: You must register at CashForPurses.com and request an appraisal. The appraisal will be via an online questionnaire that will require You to describe the item(s) and provide at least one photograph per item. Once that is received by us, we will evaluate the item(s) and either contact You for more information or make an offer based on the described condition and allow You to print a label if that offer is acceptable. You will ship items via a pre-printed FedEx Label (or other carrier) and we will insure any label we generate for up to $2,500 unless You call in and request more insurance. Once we receive the item(s), we will need up to 10 days to evaluate it. We will videotape the opening of the package and affix a security tag to the item with a unique serial number.
Purchase Agreement Terms Fees and Charges: CashForPurses.com reserves the right to change these policies at any time.
Consignment Fees and Charges: If You decide to consign any item(s), we will validate authenticity and the Consignment Fees and Charges section below shall apply. CashForPurses.com reserves the right to change these policies at any time.
For example, if we agree to consign 2 items for You, and the first item sells for $2,500.00, we will pay You 70% of that amount, or $1,750.00.
If the second item sells for $4,000.00, we will pay You 70% of the first $3,000.00 ($2,100.00) plus 85% of the remaining $1,000.00 ($850) for a total payment to You of $2,950.00.
Modifications of Terms: CashForPurses.com reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference, with or without notice. Therefore, it is recommended that You regularly visit this page and familiarize Yourself with the latest version of this Agreement. Your continued use of our Site will signify Your acceptance of any revised Terms. Unless otherwise stated, all amended terms shall be effective upon posting to our Site. This Agreement is effective as of 12:01 AM EST, January 1, 2013.
Access Eligibility: Our Service is available only to individuals who can form legally binding contracts under applicable law. If You do not qualify, please do not use our Services. Additionally, CashForPurses.com reserves the right to refuse access to, or use of our Site to anyone, at anytime, in its sole discretion.
Registration/Your Account: You may browse the Site for free and without registering. However, You must fill out a form on the Site (“Registration”) to use our Services. During Registration You will be asked to provide information such as Your name, city, state and email address. PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO US. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, CASHFORPURSES.COM HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
CashForPurses.com does not control the behavior of users on the Site or the information provided by other users that is made available through our Site.
Selling: You must have the legal authority to sell the goods that You are selling or consigning though the site. If You accept an offer from CashForPurses.com, You are obligated to complete the transaction
User Information: “User Information” is defined as any and all information or data You provide to CashForPurses.com or other users during the Registration and through any interactive feature of the system, including email. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of counterfeit or stolen items; (iii) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for CashForPurses.comn or cause CashForPurses.com to lose (in whole or in part) the services of our ISPs or other suppliers; and (ix) does not link directly or indirectly to another web site.
Limited License: You agree to grant and hereby do grant CashForPurses.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to use the materials You send to us or otherwise deliver to us by any means to CashForPurses.com and to exercise all related copyright, trademark, and publicity and other proprietary or intellectual property rights You have, in any existing or future media, known or unknown, in the materials You send to us, to the extent that the exercise of such rights would not violate the policies outlined in this Agreement. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or to us by e-mail or through a submitted form or by any other method, You are granting CashForPurses.com, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of CashForPurses.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content.
Use Restrictions: Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is strictly prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations (“Laws”) regarding Your use of the Site and our Services and the contractual obligations related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction which, if consummated, would violate any Laws, expose CashForPurses.com to civil or criminal liability, or violates this Agreement. You agree that You are solely responsible for obtaining all necessary licenses and permissions necessary for Your transactions. You agree to be responsible for any taxes to be paid as a result of any business transacted on or through this Site.
Compliance with Intellectual Property and Rights of Publicity Laws: You agree not to link to any third party’s web site or any file or data on a third party web site without that third party’s permission. You agree that You will not use any automatic or manual process to monitor or copy any portion of the Site without CashForPurses.com’s prior written permission. You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of CashForPurses.com or any third party. When accessing the Site or using CashForPurses.com’s services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to applicable U.S. and International law regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by such laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise You provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold by You. The sale of unauthorized, counterfeit or replica products is prohibited, and the use of a third party’s trademark in connection with non-genuine goods is prohibited. If You are identified as selling unauthorized goods, CashForPurses.com reserves the right to disclose Your identity and contact information, including any aliases or alternate IDs or email addresses that You may have previously used, upon request of the trademark owner, and to assist in any prosecution. This disclosure may be made without notice to You.
Violation: CashForPurses.com may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site to reflect its determinations. You agree that CashForPurses.com may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site. CashForPurses.com does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CashForPurses.com reserves the right to terminate Your account or Your access to the site immediately, with or without notice to You, if CashForPurses.com believes You have violated any of the Terms, furnished CashForPurses.com with false or misleading information, or interfered with use of the Site by others. All determinations are final and are made at CashForPurses.com’s sole discretion. In agreeing to these Terms, You agree to participate in investigations and be bound by CashForPurses.com’s determinations. If CashForPurses.com, in its sole discretion, determines that a violation of this Agreement has occurred, or if CashForPurses.com believes that Your actions may cause legal liability for You, our users or us, CashForPurses.com may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, suspending or canceling You, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any Terms of this Agreement. CashForPurses.com may cooperate with any investigation by any Federal, State, or local body or any court or tribunal. Such cooperation may be with or without notice to You. CashForPurses.com will take each reported account into consideration during the investigation process before making a decision.
Use of Software: CashForPurses.com may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed licensed to You by CashForPurses.com, for Your personal, noncommercial, home use only. Such download does not transfer either the title or the intellectual property rights to the Software, and CashForPurses.com retains full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by CashForPurses.com or its licensors and You shall not copy or use them in any manner.
Waiver of Claims: By using the Site, the Software or CashForPurses.com’s services, You signify Your agreement to and do thereby waive all claims which have not been filed but may have accrued against CashForPurses.com or its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates prior to or as of the date of said posting, regardless of the gravamen of the action, whether in law or equity, and such claims are forever barred.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. CASHFORPURSES.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. CASHFORPURSES.COM MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES CASHFORPURSES.COMMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASHFORPURSES.COMOR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY. NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CASHFORPURSES.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO DAMAGES FOR NEGLIGENCE OR FOR CAUSE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, EVEN IF CASHFORPURSES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL CASHFORPURSES.COMBE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL CASHFORPURSES.COM’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to You.
Affiliated Sites: CashForPurses.com has no control over, and no liability for any third party websites or materials. CashForPurses.com may work with a number of affiliates whose Internet sites may be linked with the Site. Because neither CashForPurses.com nor the Site has control over the content and performance of these partner and affiliate sites, CashForPurses.com makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CashForPurses.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CashForPurses.com makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
Prohibited Uses: CashForPurses.com imposes certain restrictions on Your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CashForPurses.com in providing the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Your Indemnity: You agree to defend, indemnify and hold CashForPurses.com and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liability to any third party resulting from any activities conducted under Your Account, Your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party’s intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of this Agreement.
Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that You have a dispute with one or more users, You release CashForPurses.com and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Litigation: CashForPurses.com is not liable under this Agreement for any injury You may suffer or allege to suffer as a User of this Site or of our services. In the event, however, that You wish to assert any claim against CashForPurses.com for any purpose whatsoever, You expressly agree that such dispute will be settled by in state court, in the State of Florida, and that exclusive jurisdiction and venue shall lie in Hillsborough County, Florida. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Legal action taken by CashForPurses.com to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services shall not be subject to the foregoing restrictions.
Copyright: All contents of Site are: Copyright © 2013 Silver Holdings, LLC. All rights reserved.
No License: Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by CashForPurses.com or by any third party.
General: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles, as if formed by between Florida residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. CashForPurses.com’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. You and CashForPurses.com are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. The following sections: Fees and Charges, Limited License, Waiver of Claims, Disclaimer of Warranties, Limitation of Liability, Your Indemnity, Release, Litigation, Notice and General shall survive any expiration or termination of this Agreement.
ACKNOWLEDGEMENT: BY USING CASHFORPURSES.COM’s SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF AND AGREE TO BE BOUND BY THEM.