1.  Requirements for Use.

By using this site, by requesting, receiving or using a Service Merchandise Gold Kit or other Service Merchandise materials, by sending Service Merchandise any Item(s), or by otherwise conducting business with Service Merchandise, you represent and warrant that: (1) you are 21 years of age or older; (2) the information you submit is truthful and accurate; (3) you are the legal owner of any Item(s) that you sell or are attempting to sell to us; (4) you are acting on your own behalf and not as the agent or representative of a third party, unless specifically authorized in writing; and (5) you are not violating any applicable law or regulation. Service Merchandise reserves the right to request documentation and other proof of compliance with the above requirements. You agree to indemnify and hold Service Merchandise, its employees and subsidiaries, harmless from and against any claims brought by a third party claiming ownership of any Item(s) purchased from you by us.

Effective October 1, 2009, the State of Florida (see Florida Statutes Section 538.32) requires Service Merchandise to obtain your driver's license number (or other government issued identification number) and a signed sworn statement in order to process your payment.

2.  Shipping Process and Limitation of Liability.

a.  Each Service Merchandise Gold Kit contains a prepaid United States Postal Service (USPS) package. Except as otherwise stated herein, Service Merchandise will have no liability for any Item(s) while in transit or otherwise in possession or custody of any party other than Service Merchandise, including, without limitation, common carriers, customs authorities, or postal or delivery services.

b.  If you use the prepaid USPS package provided to you, and if you properly ship all contents to Service Merchandise in accordance with the instructions and procedures set forth in the materials provided to you, Service Merchandise will, in the event of loss or damage to the contents of the USPS package, pay you (and Service Merchandise's liability will be limited to) an amount equal to one-third (1/3) of the value of the lost contents, as supported by a written third party appraisal issued prior to delivery to Service Merchandise, or five hundred dollars ($500.00), whichever amount is less. If you anticipate the value of your Item(s) to exceed $500, you should send them via UPS or the USPS (using the materials provided to you in the Gold Kit) and insure your Item(s) against loss in transit to Service Merchandise for your full anticipated value.

c.  Service Merchandise 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 Service Merchandise will have no liability in connection with any such attempted delivery or return of any Item(s).

d. In the event that your Item(s) are lost or damaged after Service Merchandise acknowledges receipt and verification of the Item(s), Service Merchandise's liability will be limited to an amount equal to one-third (1/3) of the appraised value of the lost or damaged Item(s) or ten thousand dollars ($10,000.00), whichever amount is less.

e.  If you do not provide Service Merchandise with a written third party appraisal of the Item(s), with said appraisal being issued prior to delivery of the Item(s) to Service Merchandise, then Service Merchandise's liability will be limited to one hundred and seventy-five dollars ($175.00) for loss or damage prior to Service Merchandise's acknowledgement of receipt and verification, or the liquidation value determined by Service Merchandise in its sole discretion, for loss or damage after acknowledgement of receipt and verification. You acknowledge and agree that if you do not provide Service Merchandise with a written third party appraisal as described herein, Service Merchandise's determination of the value shall be conclusive and binding.

f. Any and all claims for loss or damage of your Item(s) must be submitted on a claim form provided by Service Merchandise (upon request) after thirty (30) days and within ninety (90) days of your mailing the Item(s) to Service Merchandise. No claims will be accepted or processed unless the claim form is fully and accurately completed, signed and delivered to Service Merchandise in accordance with the instructions provided to you on the claim form. All supporting documentation must be submitted with the completed and signed claim form.

3.  Appraisal of Item(s).

Service Merchandise does not provide written appraisals. In advance of Service Merchandise's issuing a check, you may request by telephone or e-mail an appraisal of your Item(s). Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment by check will be issued promptly by Service Merchandise, and you will not have the opportunity to return your check and receive your Item(s) back from Service Merchandise. Conversations and negotiations may, at the discretion of Service Merchandise, be monitored and/or recorded. E-mail quotes will be valid for a period of twelve (12) days. If you do not accept the quote, we will return your Item(s) to you.

4.  Payment for Item(s) and Returns.

a  After receipt and appraisal of your Item(s), Service Merchandise will issue a check that constitutes Service Merchandise's payment for the purchase of your Item(s). The check will be mailed to the individual and to the address identified on the Item Inventory Form unless you specify otherwise in writing. Upon cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided in section 4b below, you will be legally bound by the sales transaction and you will not have the opportunity or right to receive your Item(s) back from Service Merchandise.

b  If you change your mind about selling your Item(s) and do not wish to accept payment, you must call Service Merchandise at 1.877.505.5057 to provide notice of non-acceptance to a customer service representative within ten (10) days after the date upon which we issue payment to you. In addition to calling a customer service representative with Service Merchandise, you must also return your check to P.O. Box 810035 , Boca Raton , Florida 33481-0035 . If Service Merchandise receives your phone call within such ten (10) days period, Service Merchandise will return your Item(s) without charge to you within fifteen (15) business days of receiving your check.

c  The ten (10) day period in 4b can not be extended or altered for any reason. If you do not contact Service Merchandise within that period of time, the Item(s) will be sold to a third party and we will no longer be able to return them to you. Service Merchandise will not be responsible for any loss or damage of any kind if you fail to contact us within the ten (10) day period for return of Item(s).

d  Service Merchandise will insure any item returned to you in the amount of two (2) times the offer made by Service Merchandise for such Item(s). If Service Merchandise receives a written request from you prior to the return shipment of your Item(s), Service Merchandise will increase the amount of insurance as requested by you, provided that you also forward the sum of twenty dollars ($20.00) to cover the insurance increase and accompanying administrative costs. Service Merchandise, in its sole discretion, will choose the carrier, insurance and receipt verification for any and all Item(s) returned to you. Service Merchandise will have no liability whatsoever in connection with the return of any Item(s) to you, except for the herein described insurance obligation.

5.  Privacy Policy.

Service Merchandise's privacy policy is posted at www.servicemerchandise.com. This privacy policy will be binding on you, and is subject to change without notification to you. Service Merchandise reserves the right to monitor and/or record any telephone calls made or received by Service Merchandise.

6.  Use of this Site.  

You are entirely responsible for any harm resulting from your use of this Site. You will be personally liable, and will fully indemnify Service Merchandise, its successors and assigns, for any and all damages directly, indirectly and/or consequentially resulting from any actual or attempted unauthorized downloading or other duplication of materials from the Site by you alone, or with, or under the authority of, any third person(s). Such damages shall include, but not be limited to, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this Site. This includes, but is not limited to, damages resulting from loss of revenue, fines, loss of property and attorney's costs and fees.

7.  Intellectual Property Rights.

The content on this Site and the trademarks, service marks and logos contained on this Site are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States laws, foreign laws and international conventions. Service Merchandise reserves all rights not expressly granted by these Terms and Conditions. The content of this Site, including trademarks, service marks and logos, may not be redistributed, copied or downloaded, in whole or in part, without the prior written authorization of Service Merchandise.

8.  Binding Effect.

These Terms and Conditions, including, without limitation, the liability limitations herein, are binding on you and all third parties, including, without limitation, your successors, assigns, insurance carriers and any other individual or entity asserting any claim or right relating to your business transaction with Service Merchandise. Service Merchandise will not, under any circumstances, be liable to any third party including, without limitation, any insurance carrier. In addition, you waive, and Service Merchandise will not be liable for, any subrogation claim brought by an insurance carrier or on your behalf.

9.  Disclosure and Other Communication.

Service Merchandise reserves the right, and you hereby grant us the right, to send electronic mail to you from time to time for the purpose of informing you of changes or additions to the Site, or of any related products and services. We reserve the right to disclose information about your usage of the Site and demographics that do not otherwise reveal your personal identify. Our Site may contain links to third-party websites. Service Merchandise is not responsible for the privacy practices or the content of the third-party websites.

10.  Choice of Law, Waiver and Claims.  

These Terms and Conditions shall be governed by and construed under the laws of the State of Florida without regard to its conflict of law provisions. Service Merchandise's failure to exercise or enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of Site or the Service Merchandise service or otherwise with Service Merchandise must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred. Any such claim or cause of action must be filed within the Sate of Florida. Each party shall reimburse the other party for any and all costs incurred by the party in defending any civil action filed or attempted to be filed by the other party in any jurisdiction outside the State of Florida .

11.  Entire Agreement.

These Terms and Conditions constitute the entire agreement between you and Service Merchandise regarding use of this Site and all materials directly and indirectly related hereto. These Terms and Conditions supersede all prior written and oral understandings, writings, and representations and are subject to change by Service Merchandise at any time. Any changes shall be effective after notice to you and other users by posting at or via hyperlink to the Site.

12. Unenforceability of Provisions.

If any provision of these Terms and Conditions is found to be unenforceable or invalid for any reason by a court of competent jurisdiction, the parties nonetheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of these Terms and Conditions shall remain in full force and effect.