TERMS AND CONDITIONS

TRUVAL d/b/a www.truval.staging.wpengine.com (TRUVAL, we, us, or our) 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

TRUVAL is the premiere online marketplace for you to sell your diamonds and fine 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; © sign up for alerts and other notifications; and (e) post comments, reviews, pictures, and other content (collectively, User Content).

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.

Also, when using our App, Visitors and Users may elect to consent to: (a) the use of their mobile devices Geolocational Information to provide our services; and (b) receive text messages. In either case, the Visitors and Users consent to and shall pay all carrier data, messaging, and other fees resulting from their usage of the Platform.

  1. 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 TRUVAL; and (iii) you are acting on your own behalf and not as the agent or representative of any other party.

  1. COMMUNITY GUIDELINES

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:

You will not send us any hazardous materials or any materials that do not contain precious metals of at least 0.25 ounces troy or precious gems/diamonds. You will not use the Platform for any unlawful purpose, including money laundering;

You will not post or send us false or misleading information;

Other than sending us information in accordance with this Agreement, you will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;

You will not access or use the Platform to collect any market research for a competing business. You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:

  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of anothers privacy, or promotes violence; or discloses any sensitive information about another person, including that persons e-mail address, postal address, phone number, credit card information, or any similar information; You will not stalk or otherwise harass another.

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and

You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and well 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.

  1. SALES AND TRANSACTION PROCESS

Description of Your Merchandise

You will receive a Customer Info Form/Card in your e-mail Kit along with your label. You are required to list and describe the Merchandise that you send to us on the Customer Form/Card and send the Card back to us along with your Merchandise.


Weight, Size and Packaging Restrictions Policy

If you use a none-overnight shipping label provided by us you are required to package the contents with the following guidelines in order to qualify for any stated insurance. 

  • Use FedEx Express packaging for FedEx Express package shipments only; any other use is prohibited. You may use your own packaging if boxes are sturdy and undamaged with all flaps intact.
  • Items must be double boxed, or, use an outer box with a sealed padded envelope on the inside that contains all of the items.
  • Inner contents should be secured, restrict product movement inside the box using filler like crumpled newspaper, loosefill peanuts, or other cushioning material.
  • Package dimensions may not exceed 12x20x12, maximum weight of  10 pounds.
  • You must include the customer Return Info Form/Card in full and complete with signature.
  • Close and tape the inner box using the H taping method. 
  • Package must be scanned at an Authorized carrier facility, or carrier’s driver.
  • You must have a drop off receipt should you have to file a claim 


If you use an overnight shipping label provided by us for high worth items in excess of $10,000 you are required to package the contents with the following guidelines in order to qualify for any stated insurance. 

  • You may be required to use a security tracking device that we send you as described in your email
  • You may be required to use a special hardened security box to place your items into as will be described to you in the email.
  • No Saturday delivery, any insured label in excess of $1,000 that is shipped for delivery on a non-business day will void its insurance coverage.

If you choose to use your own packing material and the dimensions of your package are larger than 12x20x12 or it weighs more than 10 pounds, you must contact us at 212-938-1002 or [email protected] and request approval prior to shipping your package. If you fail to receive approval we will have no liability for any Merchandise while in transit and you will be responsible for any return shipping costs.

Shipping and Insurance

You must send all items to TRUVAL via FedEx, USPS or UPS, using the shipping labels we send you. All items sent to us are insured for the amount of $1,000 by default. For added insurance you must contact us via e-mail and receive in writing stated in the e-mail you receive to confirm your insurance up to a maximum of $250,000 and specific packaging instructions.

For any offers that your receive that include a range in value, we insure such packages for the higher end of the price range communicated to you or the middle of the price range communicated to you. We will communicate to you if you must self-send using your own shipping and insurance. If you decide to arrange for your own shipping, you shall be solely responsible for shipping costs and any related insurance and assume any and all risk of loss for your Merchandise.

In order to arrange adequate insurance TRUVAL may request further information from you regarding the items you intend to send to us, and we will rely on this information in order to arrange insurance.

TRUVAL will open every pack which it receives from you under video, and will weigh and, where relevant, test the items included in the pack, and compare them to the details received from you both prior to your submission of the item, and on any form you sign and send to us. TRUVAL reserves the right to reject any forms (and the items they are sent with) which are not properly completed and signed. TRUVAL 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 with no liability to any customer for any such attempted delivery or return of any such items.

Loss Guarantee and Insurance

If you send us Merchandise using a Company generated pre-paid shipping label and obtain a receipt and tracking number from a staffed carrier location or a carrier driver, we guarantee your package, whether sent to or from the Company, against loss or damage up to the lesser of either the fair market value of your Merchandise as determined by us in our sole discretion or $1,000.

If you believe your Merchandise has been lost or damaged, you must file a claim with us within 10 days of the date the Merchandise was sent. To file a claim you must have your carrier receipt and tracking number; please email [email protected] or call (212) 938-1002.

Your Merchandise may also be insured up to $250,000. You must call us first at (212) 938-1002 to receive written approval and follow all the instructions and procedures prior to shipment of your Merchandise.

In the event of a loss, Truvals liability is and shall be expressly and specifically limited to the LEAST of the following sums:

  1. The liquidation value placed on the item by Truval in Truvals sole discretion.
  2. One Fifth (1/5) of the appraised value of the item(s) according to an appraisal done by an independent accredited appraiser submitted by a customer/seller to Truval, which appraisal was issued not more than 3 years prior to the shipment and not after shipment of the item(s) to Truval.
  3. The sum of $1000.00. The customer/seller expressly acknowledges and agrees that Truvals liquidated value shall be conclusive and binding and further, that in no event shall Truvals Liability exceed $1000.00.

Truval shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the item, customer/seller explicitly accepts this limitation of liability.

Valuation and Offer

Once we receive your items, our specially trained experts will test and evaluate them to determine their value. TRUVAL 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.

BY SENDING US YOUR JEWELRY, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY ACCEPT THAT THE PROCESS OF DETERMINING A VALUE 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 truval-buyers.com IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THIS PROCESS OR ANY RESULTING DECREASE IN THE VALUE OF THE ITEMS.

We will determine the value of your precious metals and Merchandise using a calculation based on the London PM Precious metal price fix as per www.kitco.com/market of the applicable precious metal (gold, silver, platinum, etc.) on the day prior to the day we process your Merchandise along with a formula based on the purity and weight of the Merchandise, and any other factor that we deem to be appropriate such as brand, desirability, eye appeal, condition, market trends, auction values etc..

If we make you an offer, it will be valid until 5:00 pm EST the following business day. As the prices of diamond, gold, and other precious metals change regularly, our offers cannot generally be extended beyond then. If you accept our offer, the goods will be immediately shipped for diamond removal and melting down, so your acceptance is legally binding on both of us and is irrevocable. Please note that when accepting an offer, any no value items will not be automatically returned to you, unless you specifically request their return at the time of the offer.

Accepting or Rejecting Offer

Once we have determined your offer, we will communicate it to you via (A) an e-mail message and/or (B) phone message. You must accept our offer within six business days or, for your convenience, we will deem the offer accepted and issue payment to you according to the method you selected. 

Should you reject our offer, you are required to send an e-mail to [email protected] with your return address so that we can confirm that address to ensure the safe returns of your valuables.
We will then return your Merchandise to you via any Carrier we choose at our expense. All shipments will require a signature upon delivery. If you choose to receive your Merchandise without signature, or, have “signature on file” services with the carrier, we will not be responsible for loss or damage. Upon delivery of returned Merchandise by the Carrier as indicated by the Carrier records, the Company assumes no further liability as to the loss of the Merchandise. You must notify us immediately of any change of address. We will not be responsible for the loss of your Merchandise if the Carrier is unable to deliver to the address on file.

If the carrier fails to deliver your Merchandise and returns it to us, we will attempt to send the Merchandise a second at a cost to you of $25 providing that you contact us within 30 days of the previous failed shipment.. If Merchandise is returned to us a second time, we will consider it abandoned and discard it unless you claim it within 90 days of the date we first attempted to mail your Merchandise back to you.

Payments

After you accept our offer or the offer is deemed accepted, we will arrange payment details with you. We will pay by one of the following payment methods:

  • Company Check
  • PayPal™
  • ACH transfer to your bank

Payments are issued either (A) the same day, if accepted before noon (EST) or within one business day. If you did not complete your preferred payment method, we will issue a check.

If we deem your transaction to be suspicious, we may, before we issue Payment for your items, verify the personal and payment information submitted through a national provider of personal identification and verification services.  If we are not able to verify your information, we may ask you for additional information which may delay Payment.

Nearly all our customers accept the offer we make them, but if you decide not to accept our offer for your items, your goods will be returned to you, at our cost, within five (5) business days from when you decline our offer.

Returned Items

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 $25 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, TRUVAL shall, in its own discretion, choose the return carrier and relevant insurance for each such return. TRUVAL is not liable for any items becoming damaged. We may be independently 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.

RETURN INSURANCE LIABILITIES

Users offering merchandise for sale to Truval understand and accept that they will be offered the fair market wholesale value. If an item is returned to a seller, Truval will insure the item for no more than the value Truval has placed on the merchandise regardless of what it was insured for inbound by the seller unless otherwise notified by email prior to return shipment.

Truval shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Customer will be liable for any and all insurance fees/cost incurred for returned shipping of merchandise that contained less then 0.25 ounces of precious metals, as well any merchandise that was deemed to be a replica, fake, counterfeit, copy or stolen will be assessed a return shipping fee and will not be insured. Truval reserves the right to report to the appropriate authorities any suspicious or fraudulent attempts to mislead our buyers.

Lost Property

If you send us items without a completed customer form, it is unlikely we will be able to identify you as the sender unless you have written your name and address on the package. If the shipping label was requested via our website, we may be able to identify you as the sender using the reference and tracking numbers of the label. If we are not able to identify you as the sender, then the items will be classed as lost property. We will continue to hold these items for a period of six (2) months in a secure area. Customers claiming items will be required to provide a full and detailed description before an offer is made. Once we have confirmed a lost property claim, we will make payment for the items at our then-current price. If the items have been held in excess of three (3) months, a deduction of $15 per week will be made from this payment to cover our storage and administration costs. If a claim is not made within six (6) months, the package will be considered abandoned.

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 $30, which covers our postage, insurance, and administration costs.

  1. 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 TRUVAL (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 TRUVAL (TRUVAL Trademarks) used and displayed on the Platform are registered and unregistered trademarks or service marks of TRUVAL. 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 TRUVAL 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 TRUVAL 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.

  1. 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.

As noted above, the Platform provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT TRUVAL, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.

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 TRUVAL 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.

  1. 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.

  1. EXTERNAL SITES

The Platform may contain links to third-party websites (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  1. 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.

  1. 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.

  1. 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.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

TRUVAL 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:

TRUVAL
Attention: DMCA
37 W 47th St., Ste 600
New York, NY 10036

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.

  1. Electronic Communication and Signature

You consent to receive communications electronically from Truval. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.

If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on our Website, relating to any agreement, quote request, shipping kit, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.

  1. Compliance with State and Federal Regulations

TruVal is licensed in the State of New York and is governed by New York law. Truval follows laws that requires us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver’s license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise.

TRUVAL RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.

In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.

We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.

  1. Auto dialed Calls and Text Messages

If you provide us with your mobile number, you agree that we may contact you using auto dialed or prerecorded message calls and text messages. The purpose of such calls or texts is to more efficiently provide notices regarding your Account or Transaction(s) with us.  You may revoke your consent by contacting customer service at (212) 938-1002 or [email protected] to change your account preferences.

  1. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over TRUVAL, either specific or general, in jurisdictions other than New York.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property, Communications to Us; User Submissions; and Publicity, No Warranties/Limitation of Liability, Indemnification, Termination of the Agreement, and Miscellaneous.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2017 TRUVAL,. All rights reserved.

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