TERMS AND CONDITIONS

WorthyFew welcomes you. We are happy that you have decided to access and use our Platform.

We provide access to our Platform to Visitors and Users subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, then please do not use the Platform.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION OF SERVICES

WorthyFew is the premiere online marketplace for you to sell your jewelry (each sale, a "Transaction").

We provide Visitors and Users with access to the Platform as described in this Agreement.

Visitors. Visitors, as the term implies, are people who want to look around and see what our services are all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

Users. Users can do all the things that Visitors can do, and may also be able to: (a) enter into Transactions; (b) participate in our promotional offers; and (c) sign up for alerts and other notifications.

We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.

You expressly consent to provide us your information so that we may communicate with you via text message regarding issues related to your shipments, offer, and all other items related to your interaction with Worthyfew.

2. RESTRICTIONS

The Platform is available for individuals 18 years or older. If you are under 18, please do not use the Platform. By accessing and using the Platform, you represent and warrant that: (i) you are at least 18; (ii) you are the actual, legal owner of the diamonds, fine jewelry, or other items you are attempting to sell to Worthyfew; and (iii) you are acting on your own behalf and not as the agent or representative of any other party.

3. GUIDELINES

By accessing and/or using the Platform, you hereby agree to comply with the following rules:

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.

4. SALES AND TRANSACTION PROCESS

Valuation and Offer

You expressly represent that you are 18 years of age or older. You expressly agree to provide your name, residence, and identification with your submission.

Any jewelry that contains gold, platinum, or diamonds is accepted.

Once we receive your items, our specially trained experts will test and evaluate them to determine their worth. WorthyFew may need to remove a diamond to adequately value it. We will ALWAYS contact you and get your consent to the removal of a diamond before doing so.

Our experts use data from thousands of past jewelry auctions, while accounting for gemology, jewelry market trends, and current material value. If your jewelry needs any restoration, we make our assessment on its post-restoration condition.

The evaluation and sale of each piece of jewelry is a constantly evolving process. Our main mission is, and will always be, to pay you the highest possible price.

If we suspect for any reason that submitted jewelry is not authentic we will contact you for proof of purchase in an effort to establish your jewelry’s authenticity. Our policy states that if a person sends us counterfeit jewelry, all their jewelry will be discarded at our facility. Counterfeit jewelry can contain trace amounts of precious metal (or none at all), but is deceptively designed and marked to appear as a much more expensive item. It can be plated with precious metal but marked “925” or “14K” as if it were solid silver or gold, contain simulant/synthetic gems while posing as the real thing, or be mislabeled with a brand name.

You understand that we have obligations to comply with various state and federal laws and may be required to file such documents as Suspicious Activity Reports as part of our efforts to maintain an anti-money laundering program. It is our responsibility to hand over any illegally obtained items as well as the information of the sender to the proper authorities.

By sending us your jewelry, you hereby irrevocably and unconditionally accept that the process of determining worth of the metal may involve placing certain acids on the gold, silver, platinum, or other items which can leave permanent staining and/or scratches. You hereby acknowledge and agree that WorthyFew is not liable for any damages caused by this process or any resulting decrease in the value of the items.

Payments

When we make our offer we will send you a check to the same address you provided to us in the initial inquiry through the Platform.

Checks are send out within 3-5 days of receipt of your items.

One collective offer is made for the entire package of jewelry that is delivered. There is no option to accept or reject specific offers for specific items.

Rejected & Returned Items

Items that contain no precious metals or only trace amounts of silver valued less than $20 will be rejected. You will be notified if your items have been rejected. We will dispose of rejected items at our facility. If you would like rejected items returned to you, there will be a $50 fee.

A check will be placed in the mail to your address. In the event you wish to reject the offer, you must return the check within 4 days of postmark. You must not cash the check if you are seeking to reject the offer. Failure to return the check within the 4-day allotted time will automatically result in acceptance of the offer. Once the returned check is received, your jewelry will be returned back to you. The returned jewelry usually takes approximately 3 to 7 days to be delivered back to you.

Failure to return the check within the 4-day allotted time will automatically result in acceptance of the offer.

Jewelry shipping kits expire after 20 days and will not be insured. Jewelry sent after the 20-day expiration date will not be returned. Payment on jewelry sent after the 20-day expiration date cannot be rejected. If you’d like to extend the life of your kit’s insurance and return policy, you must contact customer service at [email protected]

A customer requesting a jewelry return, but cannot locate their check, will be charged $50 to cover check cancellation bank fees and administration costs.

If our return carrier is not able to return the items because it has been unable to obtain a signature, it will leave an instruction card. If the package is returned to a local delivery office, it will need to be collected within a period of time specified by the carrier. If the package is not collected within this time, it may be returned to us. On receipt of the returned items, we will contact you to arrange for the items to be resent; however there will be a charge of $50 to cover the additional postage and administration costs. Payment must be received within two (2) weeks of contacting you or we reserve the right to purchase the items at our offer price, excluding our administration costs and holding insurance fee. When returning your original items, Worthyfew shall, in its own discretion, choose the return carrier and relevant insurance for each such return. Worthyfew is not liable for any items becoming damaged. We may be insured against any such loss, and in the event of any claim, the customer agrees to provide all such information as we or our insurance company may reasonably request, including signing for the returned package.

Items Sent to Us in Error

Our shipping label and envelopes are coded with a unique bar and are for customers sending precious metals with the intent to sell to us. If you use our shipping labels or envelopes to send items intended for someone else, they will still be automatically sent to us. The fee for returning these items is $50, which covers our postage, insurance, and administration costs.

Force Majeure

WorthyFew shall not be required to perform any term or condition of this offer set forth within these terms and condition when such performance is delayed or prevented by Force Majeure (as hereafter defined), including, without limitation, Worthyfew’s ability to issue payments, process refunds, or process jewelry returns pursuant to the payments and rejected & returned Items section of these terms and conditions. For purposes hereof, a “Force Majeure” shall mean any acts of God; strike; lockout; material or labor restriction by any governmental authority or any delays, backlogs, or slowdowns associated with the same; inability to obtain materials due to supply chain disruptions; civil riot; declared state of emergency or public health emergency or pandemic (including, without limitation, Covid-19); government mandated quarantine or travel bans; government mandated closures, disruption, breakdown, delayed production or interruption for any period of time; interruptions to transportation, or the use of equipment, labor, or materials, including, without limitation, the closure of government buildings, airports, harbors, railroads, or pipelines, or other infrastructure due to worldwide or regional pandemic or other health related event disruptions; and any other cause not reasonably within the control of such party and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome.

Shipping and Insurance

You must send all items to Worthyfew via USPS, using the shipping labels we send you. You will receive a tracking number for your package and you will receive email and text message updates throughout the process.

Notwithstanding the foregoing, please note that jewelry return packs shipped using delivery confirmation are not covered by insurance unless USPS can confirm receipt of the pack through a verified delivery scan, at the USPS postal facility in New York.

Each package will be insured for up to $500. If in your opinion the items you are shipping are worth more than $500 you must make your own arrangements to additional insurance coverage. By submitting items to WorthyFew you expressly agree that you will not be reimbursed for any loss in excess of $500. In instances where you need more than $500 of insurance, email pictures of your jewelry to [email protected] and request an increase.

For lost items shipped under Worthyfew’s insurance policy, reimbursement will be made at the fair market value of the items as determined by any receipts, proofs of purchase, or appraisals of the items up to the agreed upon amount ($500 default.) User expressly agrees that if there are no receipts, proofs of purchase, or appraisals of the items, the liability of Worthyfew will not exceed $100.

User expressly agrees that Items that are lost in the mail after the User has requested them to be returned will be compensated for at the rate offered by WorthyFew or, if the items were determined to be of no value, the liquidation price of the jewelry.

WorthyFew will open every pack which it receives from you under video.

Items will be weighed and, where relevant, tested, and compared to any details received from you both prior to your submission of the item, and on any form you sign and send to us.

WorthyFew reserves the right to reject any forms (and the items they are sent with) which are not properly completed and signed.

WorthyFew also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to you – at our cost – but without any liability to Worthyfew.WorthyFew also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to you – at our cost – but without any liability to Worthyfew.

5. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of WorthyFew (collectively referred to as the "Content"). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our services automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of WorthyFew used and displayed on the Platform are registered and unregistered trademarks or service marks of Worthyfew. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with the WorthyFew Trademarks, the "Trademarks"). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the WorthyFew Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

6. COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit.

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by WorthyFew and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines.

7. NO WARRANTIES/LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PLATFORM AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (II) OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF INSURANCE PROCEEDS WE COLLECT IN CONNECTION WITH SUCH CLAIM.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. THE PLATFORM MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE PLATFORM DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Transactions or your access to, use, or misuse of the Platform, the Content, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

9. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

11. DIGITAL MILLENNIUM COPYRIGHT ACT

WorthyFew respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:

Attention: Worthyfew

[email protected]

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. JURISDICTION & MISCELLANEOUS

Governing Law; Dispute Resolution; Arbitration: The laws of the State of New York shall govern these Terms and Conditions. You expressly agree that any dispute regarding any product or service obtained from or involving WorthyFew are subject to fixed and binding arbitration (except for matters that may be taken to small claims court). This includes but is not limited to cases brought under contract, negligence, tort, fraud, agency, or statutes or regulations, as well as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WORTHYFEW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.