Worthy Terms and Conditions
WORTHY TERMS AND CONDITIONS
Previous Terms and Conditions can be found here
1. WELCOME & ACCEPTANCE OF THESE TERMS
3. RETURNING YOUR ITEM
4. INSURANCE CLAIMS PROCESS
5. REQUIRED COMMUNICATIONS, ADMINISTRATIVE FEES & UNCLAIMED ITEMS
6. ELIGIBLE USERS AND ACCEPTABLE USE
7. MEMBERSHIP AND REGISTRATION
9. RIGHT TO DENY OR LIMIT ACCESS
10. OWNERSHIP OF THE SERVICES
12. LIMITATION OF LIABILITY AND INDEMNIFICATION
14. USER FEEDBACK AND INPUT
15. AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE U.S. & CANADA
17. CONTACT US
1. WELCOME & ACCEPTANCE OF THESE TERMS
Welcome to Worthy! We at Worthy, Inc. (together with its affiliates and subsidiaries, “Worthy,” “we,” “us” or “our”) are proud to own and operate the premier marketplace for pre-owned, luxury items.
1.1 About these Terms. The following terms and conditions (these “Terms”), govern the operation of our website, https://www.worthy.com (together with any other digital properties under Worthy’s control or ownership where these Terms are displayed, the “Site”), where we offer you a safe, convenient and fast way to sell valuables to a network of third-party buyers, and get paid directly from us in return (the “Services”).
BY ACCESSING AND USING THE SITE OR SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE, REGISTERING AN ACCOUNT, OR CONTRIBUTING CONTENT TO THE SERVICES, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE USE OF THE SITE AND THE SERVICES IMMEDIATELY.
IMPORTANT NOTICE FOR RESIDENTS IN THE U.S. AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF THE SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
NOTWITHSTANDING THE FOREGOING, PLEASE NOTE THAT THE SERVICES ARE INTENDED FOR U.S.-BASED SELLERS ONLY. Our return-related Services detailed in these Terms or elsewhere on the Site are only available for return shipment to the 50 U.S. states and the District of Columbia (collectively, the “Eligible Return Territory”). Worthy does not ship outside the Eligible Return Territory, and does not ship or return to P.O. boxes, to U.S. territories or to international locations. By using the Services, you understand, acknowledge and agree that Worthy is not responsible for any costs or fees in returning any unsold, rejected or unclaimed items to any sellers with addresses located outside the Eligible Return Territory (collectively, “Seller-Paid Returns”), and any and all costs and fees related to such Seller-Paid Returns, including without limitation related duties, taxes, customs, or related arrangements or fees shall be the sole responsibility of the seller. Failure by seller to undertake the steps detailed in Section 3 regarding Seller-Paid Returns before the expiration of the relevant Holding Period (as defined below) will result in Worthy exercising the Escheatment Remedies (as defined below). For more information, please see Section 5 below.
1.2 Updates to these Terms. Worthy reserves the right to modify these Terms, at any time, at our sole discretion. The revised Terms will be effective on or after the posted date. If we make a material change to these Terms, we will provide you with notice of the revised Terms. Such notice will be at our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. If any change to these Terms is unacceptable to you, you may stop using the Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which these Terms have changed, Worthy will treat your use as acceptance of the updated Terms. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
Our simple-to-use seller Services are conducted via the following steps:
STEP 1: APPLY ONLINE TO SELL YOUR VALUABLE(S)
STEP 2: RECEIVE AN INITIAL ESTIMATE FOR THE VALUABLE(S)
STEP 3: PACK AND SHIP YOUR VALUABLE(S) TO US
STEP 4: VALUABLE(S) RECEIVED AND PROFESSIONAL ASSESSMENT IS CONDUCTED; RESERVE PRICE IS SET
STEP 5: WE PRESENT THE VALUABLE(S) TO OUR NETWORK OF BUYERS FOR AN AUCTION AND PROVIDE YOU WITH THE BEST OFFER
STEP 6: WE SEND YOU YOUR MONEY
Here are the details:
STEP 1: APPLY ONLINE TO SELL YOUR VALUABLE(S)
You may apply to sell valuable(s) owned by you by filling out our Request Form, accessible at any of the following links: https://app.worthy.com/, https://submit.worthy.com/, https://www.worthy.com/form and https://welcome.worthy.com/ (the “Request”). When you fill out the Request, you will be asked to provide us with a complete and accurate description of the valuable(s) you are seeking to sell, and to attach a clear photo of it. The more accurate and detailed the description and history of the valuable you provide us, the more likely it is that we will be able to provide you with an accurate estimation of the item’s value (as described below) and, potentially, the more likely it is that we will be able to determine if there is a market for your item on the Site prior to you shipping it to us.
We reserve the right to refuse to assist in the sale of any valuable for whatever reason, at our sole discretion. All Requests are subject to our final approval and evaluation of the item, and we reserve the right to refuse any Request at any time prior to completing the transaction. A transaction is deemed complete after the payment is sent by Worthy and the valuable(s) are received by the buyer.
REQUIREMENTS AND LIMITS ON USE OF THE SERVICES. IT IS HEREBY CLARIFIED THAT BY USING THE SERVICES, YOU ARE UNDERTAKING THAT YOU WILL ONLY USE THE SERVICES TO SELL ITEMS THAT BELONG TO YOU. YOU TAKE FULL RESPONSIBILITY FOR ANY ITEM THAT YOU SELL THROUGH THE SERVICES, AND AGREE TO HOLD WORTHY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES HARMLESS FOR ANY LOSS RELATED TO ANY UNAUTHORIZED ITEMS SOLD BY YOU THROUGH THE SERVICES OR THE SITE. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SALE OF STOLEN PROPERTY, PROPERTY TAKEN WITHOUT AUTHORIZATION FROM ITS RIGHTFUL OWNER OR PROPERTY THAT IS NOT FREE FROM ALL SECURITY INTERESTS, LIENS, OR ENCUMBRANCES VIOLATES STATE, FEDERAL, AND INTERNATIONAL LAW AND IS ABSOLUTELY PROHIBITED BY THESE TERMS. WE WILL NOTIFY LAW ENFORCEMENT OF ANY ATTEMPTS TO SELL STOLEN PROPERTY THROUGH THE SERVICES OR IN GENERAL, AND WILL SUPPORT THE INVESTIGATION AND PROSECUTION OF SELLERS WHO VIOLATE THESE TERMS. ADDITIONALLY, WE WILL SHARE CERTAIN INFORMATION FROM YOUR ACCOUNT WITH LEADSONLINE (WWW.LEADSONLINE.COM), A THIRD PARTY VERIFICATION SERVICE USED BY FEDERAL, STATE, AND LOCAL AUTHORITIES TO IDENTIFY THE SALE OF POTENTIALLY STOLEN PROPERTY.
IN ADDITION TO ALL OTHER REMEDIES AVAILABLE UNDER APPLICABLE LAW, IT IS CLARIFIED THAT ALL AMOUNTS PAID FOR ITEMS WHICH BREACH THE ABOVE UNDERTAKINGS WILL BE RETAINED BY OR RETURNED IN FULL TO WORTHY, WHO SHALL REMIT SUCH FUNDS TO ANY AND ALL THIRD PARTIES AS REQUIRED BY LAW.
FURTHERMORE, IT IS CLARIFIED THAT ITEMS SENT TO WORTHY MAY NOT BE SIMULTANEOUSLY LISTED FOR SALE ON OTHER PLATFORMS SUCH AS EBAY, FACEBOOK MARKETPLACE, OR OTHER ONLINE MARKETPLACES. DOING SO CONSTITUTES A MATERIAL BREACH OF THESE TERMS AND WILL RESULT IN DAMAGES TO WORTHY WHICH WORTHY MAY REQUIRE YOU TO REIMBURSE, INCLUDING THE COST OF EXPRESS SHIPPING, INSURANCE, GRADING, PHOTOGRAPHY, CLEANING, AND OTHER SERVICES RENDERED BY WORTHY IN ANTICIPATION OF AN AUCTION.
STEP 2: RECEIVE AN INITIAL ESTIMATE FOR THE VALUABLE(S)
After you submit your completed Request, in most cases we will provide you with an initial estimation of the potential value of your item (in a range), based on the description you submitted ("Estimate Range"). Alternatively, if we decide to reject your Request, the initial response will inform you of such rejection. Please note that there are limited cases where we do not provide an Estimate Range prior to shipment, such as for items that have special characteristics that require further in-person evaluation prior to an estimate, or where a seller’s description is incomplete or ambiguous. For more information on these limited cases, please contact us at [email protected].
The Estimate Range is provided by us solely as a non-binding estimation, at our sole discretion, and may differ from the actual market value of the item.
Following the receipt of the Estimate Range, you may choose to either (i) ACCEPT IT and continue with the process set forth below for each item, or (ii) NOT accept it – at your discretion.
STEP 3: PACK AND SHIP YOUR VALUABLE(S) TO US
If you wish to proceed, the next step will be to create a pre-paid shipping label. This label will enable you to ship us the valuable(s) to one of our secured facilities located in New York.
*** AS NOTED ABOVE, THE SERVICES ARE INTENDED FOR U.S.-BASED SELLERS ONLY. Our return-related Services detailed in these Terms or elsewhere on the Site are only available for return shipment to the Eligible Return Territory (50 U.S. states and the District of Columbia). In other words, Worthy does not ship to P.O. boxes, to U.S. territories or to international addresses (i.e. locations outside of the U.S.). By using the Services, you understand, acknowledge and agree that Worthy is not responsible for any costs or fees relating to any Seller-Paid Returns, and any and all costs and fees related to such Seller-Paid Returns, including without limitation related duties, taxes, customs, or related arrangements or fees shall be the sole responsibility of the seller. Failure by seller to undertake the steps detailed in Section 3 regarding Seller-Paid Returns before the expiration of the relevant Holding Period may result in Worthy exercising the Escheatment Remedies. For more information, please see Section 5 below. ***
Our insurance coverage for valuable(s) in transit is up to an amount of US $50,000 per shipment based on the resale replacement value and is subject to the terms, limitations and requirements of our current insurance policy as of the date that a covered loss occurs (the “Insurance Coverage”). Valuables estimated above $50,000 by Worthy before shipment will receive additional coverage with pre-approval from Worthy, at our sole discretion. Only the item(s) that are listed in your account at the time of shipment will be covered by insurance. Additional item(s) that were included in the package without Worthy’s knowledge at the time of shipment will not be covered by the company’s insurance if they are lost or damaged. THE INSURANCE COVERAGE TAKES EFFECT WHEN THE FEDEX TRACKING BARCODE ON YOUR PACKAGE IS FIRST SCANNED BY FEDEX. WORTHY AND ITS INSURERS ARE NOT RESPONSIBLE FOR PACKAGES LOST PRIOR TO THE FIRST PHYSICAL SCAN OF THE PACKAGE BY FEDEX.
FAILURE TO ADHERE WITH THE FOLLOWING SHIPPING AND PACKING INSTRUCTIONS WILL NULLIFY INSURANCE COVERAGE FOR YOUR ITEM(S):
· VALUABLES MUST BE SENT WITHIN 14 DAYS FROM RECEIVING THE LABEL FROM WORTHY. YOU MAY REQUEST A NEW LABEL FROM US AT ANY TIME BY EMAILING [email protected].
· TO ASSIST WITH THE CLAIMS PROCESS IN THE UNLIKELY EVENT OF LOSS OR DAMAGE, YOU SHOULD TAKE DETAILED PHOTOGRAPHS OF YOUR VALUABLE(S) AND ANY ACCOMPANYING ITEMS (DOCUMENTS, ETC.) BEFORE SENDING THE SHIPMENT TO WORTHY.
· Your valuable must be double packaged using two containers, either a cardboard box within another cardboard box or a padded envelope within a cardboard box.
· Both containers must be fully sealed with packing tape.
· The outer box must be no smaller than a FedEx Small Express Box (8 3⁄4" x 2 5⁄8" x 11 1⁄4").
· If reusing a box, please make sure it is not torn or damaged and remove any old shipping labels.
Insurance coverage may be compromised if the materials and packing method you choose are inadequate to protect your item under normal handling conditions during shipment. If you have any doubts about how to pack your item, please contact the Worthy team for assistance or to request a complimentary shipping kit. Please bear in mind that we are not responsible for damage to valuables which occur due to normal handling during shipping.
WHEN SHIPPING YOUR ITEM, YOU MUST TAKE REASONABLE PRECAUTIONS TO REDUCE THE RISK OF LOSS IN TRANSIT, INCLUDING THE FOLLOWING:
· For the safety of your valuables, pack the shipment yourself (according to the guidelines above) and do not indicate the contents on the outside of the package.
· Do not disclose the contents of the package to anyone, including during drop-off or pickup.
· Do not leave your package in a FedEx drop box.
· When dropping off at a staffed FedEx location, hand your package directly to a FedEx employee and do not leave it unattended under any circumstances, even in areas designated for package drop-off. Obtain a printed receipt listing the tracking number of the accepted package.
· If a FedEx pickup has been scheduled, do not leave your package unattended outside your home under any circumstances. To the extent you have a health-related concern regarding direct interaction with a FedEx representative (i.e. potential for exposure to COVID-19), we encourage you to put your and others’ health first, but to organize the pickup in a manner where you are able to observe the package from the time you place it outside your home until it is actually picked up by FedEx. Please feel free to contact us at [email protected] to discuss potential alternative pickup arrangements, prior to scheduling. Since printed receipts are generally not available upon pickup, directly observe the FedEx driver scanning the Worthy-provided shipping label with a FedEx mobile device.
Shipping labels provided by Worthy are only valid for shipment via FedEx. Worthy and its insurers are not responsible for packages erroneously submitted to shipping carriers other than FedEx. If you choose to ship your item(s) to Worthy using a shipping label or service other than that provided by Worthy, you shall be solely responsible for delivery costs and related insurance, fees, taxes, and other charges. This includes any shipments sent with other courier or postal services, as well as shipments sent using a FedEx label not provided by Worthy. In such cases, Worthy’s insurance coverage begins when your valuable(s) are received by Worthy and logged in our inventory management system, and Worthy will not be liable for any loss or damages that may have occurred while the item was in transit. If your valuable is lost in transit or arrives damaged, we will try to assist you in your reimbursement claim with your shipping carrier or insurance company.
NOTE REGARDING ACCOMPANYING ITEMS: Please do not send any additional items with your valuable unless we have specifically asked you to do so. This includes appraisals, retail receipts, and retail jewelry boxes you may have received when purchasing your items. In some cases, for instance if you have a printed tri-fold GIA grading report or certain branded jewelry boxes (including Tiffany, Van Cleef & Arpels, Cartier, or Harry Winston), we may request you include these additional items in your shipment in order to help maximize auction value. If you are unsure whether to include an accompanying item in your shipment, please call or email ([email protected]) the Worthy team for assistance. If additional items are included in your shipment that were not specifically requested by Worthy, we are not liable for loss or damage to these items and cannot guarantee their successful return. Additionally, when we receive items sealed in plastic or cardboard boxes or wrapping, or bearing retail tags or labels, such materials must be removed to fully assess the valuable and may be damaged or discarded.
STEP 4: VALUABLE(S) RECEIVED AND PROFESSIONAL ASSESSMENT IS CONDUCTED; RESERVE PRICE IS SET
Once we receive your valuable(s), our internal experts or third party labs and experts will conduct a physical assessment of the valuable(s) in order to verify and certify the item's authenticity and condition. The assessment may be conducted internally by us or through a reputable independent service provider, such as the Gemological Institute of America or the International Gemological Institute. All grading reports obtained or produced by Worthy are the property of Worthy. In the event of an unsuccessful auction, clients may purchase the grading report from Worthy for the actual cost incurred by Worthy plus an administrative surcharge. In addition, please note the following regarding the physical assessment of the valuable(s).
CONDITION OF YOUR ITEM(S): By sending the item to us for a physical assessment, you understand that certain items might require in-depth examination to fully assess them. Worthy will not be liable for damage that existed prior to shipping the item to Worthy or incurred due to improper packaging while in transit to Worthy. We will make commercially reasonable efforts to notify you of existing damage or irregularities noted after receipt of your item. Worthy’s examination might result in slight physical alterations, minor scratches or other physical changes. For example, cleaning and servicing a white gold setting may cause routine wear to the white-colored rhodium plating, revealing the light-yellow appearance of the gold underneath. Similarly, when we assess a watch, the back of the watch may need to be opened in order to properly examine it. In addition, before starting an auction, the item may need to be washed and cleaned, which could result in a slight change in its look. We will not be held responsible for any such reasonable changes due to the assessment of the valuable or preparation for the auction.
UNMOUNTING AND REMOUNTING: In some cases, your center diamond or other stone may need to be removed from its setting in order to properly examine it, weigh it, and determine its quality. Rest assured that we will not remove any stone from its setting without obtaining your prior approval. In most cases, Worthy will be able to remount your stone if the valuable is not successfully sold. In cases where remounting will not be possible due to the nature of the setting (for example, a bezel setting), we will inform you of this fact before obtaining your permission to unmount the stone.
Following the professional assessment, each item will be issued a technical property assessment which will result in one of the following:
(A) ACCEPTANCE & RESERVE PRICE: If the valuable matches the description sent to us through the Request, as solely determined by our experts, or if we deem it suitable for sale regardless, we will accept it. We will also assist you during this step in determining a minimum amount that you are willing to accept for your valuable (the “Reserve Price”). Selecting a Reserve Price is a mandatory step prior to commencing an auction for your valuable. We will provide a recommendation based on past sales performance of similar items, and you can set the Reserve Price at any amount you choose. The Reserve Price can only be set by you, either using our online tools or while you are communicating with our staff.
***BY DETERMINING THE RESERVE PRICE AND CONTINUING WITH THE PROCESS, YOU AGREE TO SELL YOUR VALUABLE(S) IF THE FINAL WINNING BID (AS FURTHER EXPLAINED IN STEP 5) IS EQUAL TO OR HIGHER THAN THE RESERVE PRICE. THE RESERVE PRICE IS A BINDING OFFER TO SELL YOUR ITEM AND REMAINS VALID UNTIL THE ITEM IS SOLD OR, IN THE CASE OF AN UNSUCCESSFUL AUCTION, UNTIL YOU HAVE REQUESTED THE RETURN OF YOUR ITEM.***
(B) REJECTION: If the valuable materially differs from the description provided through the Request, is inauthentic, is in unsatisfactory condition, is estimated below our then-current minimum auction value, or is otherwise not suitable for sale, as determined by us at our sole discretion, we will reject it. In such instances, we will notify you of our decision and return the valuable to you (subject to the Seller-Paid Returns exclusions described above). See Section 3 (“RETURNING YOUR ITEM”) for information on the conditions, requirements and procedures for returning your item.
STEP 5: WE PRESENT THE VALUABLE(S) TO OUR NETWORK OF BUYERS FOR AN AUCTION AND PROVIDE YOU WITH THE BEST OFFER.
A bid sheet, also known as an auction page, will be created outlining the unique and appreciated characteristics of your valuable based on the physical assessment of the valuable. Worthy is responsible for the bid sheet and has sole discretion over the information, photographs, and descriptions included in it. This bid sheet will then be circulated to our network of potential buyers for their bids as part of the auction of your valuable. In some instances, your valuable will be transferred to an off-site location for additional examinations, service, and grading during which it will continue to be insured as set forth herein.
Worthy reserves the right to extend auction end times when we anticipate low demand from our buyers and deem it necessary to promote an auction in order to get more bids. Additionally, auctions may be extended automatically if new bids are accepted in the last 30 minutes of the auction. This is to allow other buyers that were outbid to try to bid again before an auction ends.
Using the Site, you will be able to view bidding activity in real-time. The Site allows you to see the number of potential buyers interested in your item, their geographic location, the amount each has bid for the item and how much time is left until the end of the bidding process. You can easily share this information with any other person you choose to. There may be instances in which you will not have access to a live viewing of a certain auction due to network latency or other technical issues.
Bear in mind that we may publicly share any item-specific information (i.e. history surrounding the item, photographs, etc.) you choose to provide regarding the items that you auction through the Services, and you should have no expectation of privacy regarding such item-specific information.
The information that is visible on the website may be incomplete at any given time. For example, bids may be placed by buyers via offline communication with our Buyer Management team, which may result in higher bids being recorded in the online bidding system after the stated auction end time. Following the end of the auction, we will review and consider all bids received. Based on such review and the range of parameters considered by us, we will determine the winning bid (the “Winning Bid”) from the qualifying bids collected at our sole and final discretion based on a range of parameters considered by us. Bear in mind as you view the real-time auction process, that the highest bid received will not necessarily always be the Winning Bid, since there may be reason to disqualify certain bids during or after the auction. Furthermore, we do not guarantee that any bids will actually be placed for all auctions.
We will inform you via email of the Winning Bid and of our applicable seller Success Fees (as defined and detailed in our FAQs which may be updated from time to time), which will be deducted from the Winning Bid if you accept such Winning Bid. Please note that in addition to the applicable seller Success Fees, we may include buyer fees from the winning bidder, in addition to the Winning Bid, in accordance with our buyer Terms & Conditions. Such buyer fees will not be included in the Winning Bid which we transfer to you.
Once we inform you of the Winning Bid and the related Success Fees, you will have up to three (3) business days to respond to us via email, phone, or SMS confirming your acceptance or rejection of the Winning Bid. Any acceptance after this time will be subject to reconfirmation of the winning bid. ***BEAR IN MIND THAT IF THE WINNING BID RESULTS ARE EQUAL TO OR HIGHER THAN THE RESERVE PRICE (BEFORE ANY APPLICABLE FEES), YOU WILL BE DEEMED AS HAVING
YOUR RESERVE PRICE IS A BINDING OFFER TO SELL YOUR ITEM FOR ANY AMOUNT EQUAL TO OR HIGHER THAN THE RESERVE PRICE (BEFORE ANY APPLICABLE FEES), AND REMAINS VALID UNTIL THE ITEM IS SOLD OR, IN THE CASE OF AN UNSUCCESSFUL AUCTION, UNTIL YOU REQUEST THE RETURN OF YOUR ITEM.
If you reject the Winning Bid that was lower than the Reserve Price, we will return your item and you will not be charged the Success Fee. See Section 3 (“RETURNING YOUR ITEM”) for information on the conditions, requirements and procedures for returning your item.
If you decide to sell your valuable as per the Winning Bid, you will be prompted to accept the high bid. By accepting the Winning Bid you also authorize us to charge and deduct the Success Fee from the proceeds of the auction.
Before the sale of your valuable is completed, you will be asked to present a copy of and/or identifying information from one of the following documents: (1) a state driver's license; (2) a state identification card; (3) a passport; (4) a military identification card; or (5) identification issued by the agency of the U.S. responsible for citizenship and immigration. Additional information might be required in some cases.
STEP 6: WE SEND YOU YOUR MONEY
After your item is sold, we will collect payment from the buyer and send you the proceeds of your sale less Worthy’s applicable Success Fee and any other applicable fees via the payment method you have chosen. You may choose to receive the payment by check, by an ACH cash transfer directly to your U.S. bank account, or via electronic transfer to a PayPal account. In some cases, one or more of these payment methods may be unavailable for operational, technical, or legal reasons. In some cases, verbal confirmation and/or verification of payment information may be required prior to release of payment for regulatory compliance reasons. Note that Worthy will only make money transfers in U.S. dollars to bank accounts located in the U.S. It could take a few days for you to receive the payment, depending on your chosen payment method and the handling time required by your bank and/or other financial institutions. In addition, payments could be delayed as a result of any inaccuracies in payment information you provide to us (for example, an incorrect email address or non-functioning PayPal account, incorrect bank or routing number, mistaken mailing address for a check, etc.). Any expenses or fees incurred a result of such inaccuracies will be paid by you. Additionally, fees related to the money transfer method chosen by you shall be deducted from the total amount paid to you. In addition, any fees charged to you by a third party for the money transfer, will be paid by you.
In some cases, we will be required to verify your identifying information and verbally confirm the payment amount prior to sending the payment. Our team will contact you by telephone to perform this extra verification on the next business day after your item is sold. This step is mandatory to aid our compliance with Federal regulations, and your payment may be delayed if we are unable to reach you to complete the verification in a timely manner.
3. RETURNING YOUR ITEM
In the event that your item is not successfully sold via Worthy’s platform, is rejected by Worthy for any reason, or there is a Seller Unresponsiveness (as defined below), we will return your item to you at no charge.
The item will be shipped at our expense using FedEx or other carriers elected by us (the tracking number, if available, will be sent to you following its shipment) and will be covered in case of loss or damage in accordance with the applicable insurance policy benefits extended by Worthy.
*** IMPORTANT NOTE – WORTHY PROVIDES INSURED RETURN SHIPPING ONLY TO QUALIFYING FEDEX-OPERATED RETAIL LOCATIONS *** If your valuable is to be returned to you for any reason, Worthy will do so, via insured shipping, to the FedEx Office Print & Ship Center or FedEx Ship Center location of your choice. For security reasons, only locations operated by FedEx are eligible for insured return shipping. The foregoing means that (1) Worthy does not ship to third party retailer locations (usually denoted as "FedEx Onsite," “FedEx ShipSite,” or "FedEx Authorized ShipCenter") and (2) you must pick up your valuable from the location which you specify, which may include travel, as Worthy does not extend insurance coverage for return shipping of your items to any non-FedEx retail locations.
You will have up to 72 hours from our initial email to you regarding the return of your item(s) to inform us of your decision to bypass our shipping, should you prefer an alternative shipping method, higher insurance coverage or an alternative return shipment location, such as your home or place of work (“Alternative Return Specifications”); provided that Worthy will not return your item to a third party (i.e. private buyer or a consignment dealer). All Alternative Return Specifications shall be subject to your completion of a release form, and you must arrange for and provide us with an alternative shipping label at your own costs and related insurance expenses. If you specifically request Alternative Return Specifications, you understand and acknowledge that Worthy will not extend any insurance benefits towards such a return shipment and, therefore, you assume any risk of loss or damage to your item(s) once Worthy has remitted the item(s) to the shipper.
In addition to the above, all returns are subject to the following conditions:
· Worthy will suggest the nearest FedEx retail location to you but will not ship until you have confirmed such location or provided us with an alternative, eligible FedEx location (i.e. a FedEx Office Print & Ship Center or FedEx Ship Center location, as described above).
· Worthy’s current standard processing time for returns is 7-10 U.S. business days. Return shipments will be processed in the order in which they are requested, and delays may occur based on volume. The processing time is necessary to ensure all returns are handed by Worthy’s qualified professionals in accordance with stringent security and quality procedures. Additionally, if your center stone was unmounted by Worthy, your item will be remounted by a trained and qualified professional, which may take additional time.
· Worthy’s complimentary return service is limited to one shipment per item. If your shipment is returned to Worthy for any reason (including failure to retrieve the item up within FedEx’s required timeframe), you will be responsible for shipping and administrative costs incurred by Worthy for each subsequent return shipment attempt.
· Your signature and presentation of a valid form of identification will be required in order to pick up your item(s) at the FedEx retail location.
· Please note that Worthy cannot be held responsible for arranging complimentary return shipping to remote addresses, even if technically within the Eligible Return Territory, where there is no conveniently-located FedEx retail location. Any such requests for return shipping will be subject to the terms governing Alternative Return Specifications (i.e. you will be responsible for providing an alternate shipping label for your return shipment and for obtaining any related insurance).
· In the event you do not confirm within the relevant Holding Period, such Items will be subject to the Escheatment Remedies.
ONCE YOU HAVE RECEIVED YOUR RETURN SHIPMENT, PROMPTLY AND CAREFULLY UNPACK IT AND INSPECT ALL CONTENTS. You should immediately remove your valuable(s) from the package and confirm their condition, taking care not to discard any inner packaging that may contain your valuable(s). Once you have received your return, you have 7 days to notify Worthy of any damage or loss, which must be documented by way of photographs of the valuable(s) and all included packaging and paperwork and/or other proof of loss or damage.
4. INSURANCE CLAIMS PROCESS
In the unlikely event that your valuable(s) are lost or damaged either while in transit to or from Worthy or while in Worthy’s possession, Worthy will conduct an investigation and, if warranted, initiate a claims process with FedEx and/or insurers at Lloyd’s of London to seek reimbursement for the loss or damage incurred.
Your cooperation is essential at various stages of the insurance claims process including any investigation(s) conducted by Worthy and/or our insurer(s). You agree to provide prompt and sufficient responses to any requests for information and participate in telephone calls as may be reasonably required to evaluate a claim.
Worthy is the insured party for all claims, and the proceeds of a successful insurance claim, if any, will be forwarded to you by Worthy following payment by the insurer(s). The decision to file a claim is at Worthy’s sole and final discretion. If a claim is filed, the exact process may vary based on the circumstances of the loss and other factors, and Worthy will work to keep you informed as the process unfolds. In most cases, the claims process will consist of the following basic steps:
· A member of Worthy’s staff will be designated as your Case Manager and will be your primary point of contact at Worthy throughout the claims process.
· Your Worthy Case Manager will take a statement from you over the phone and collect any physical or documentary evidence you can share to help establish the item’s value and the nature of the loss or damage that may have occurred.
· Worthy will conduct a thorough investigation of our internal records and obtain necessary information from FedEx and/or other external partners.
· If Worthy determines there is sufficient factual basis to indicate a loss has occurred that would be covered by our insurance, Worthy will file a claim with the relevant insurer(s) who, at their sole discretion, may then assign an adjuster to investigate the claim.
· The adjuster may interview you and representatives of Worthy and review all available evidence to substantiate the claim and determine the value of the item and/or any damages.
· The insurer will, at their sole discretion and in accordance with the applicable insurance policy, approve or deny the claim and, if approved, assign a monetary value to the loss.
· If the claim is approved, the insurer will remit payment to Worthy for the approved amount less any contractually required deductibles and fees. Worthy will forward this payment to you within 5 business days of receiving the funds from the insurer.
· If the claim is denied, Worthy will promptly notify you of the insurer’s decision.
We cannot predict the length of time from when a loss is reported to the insurer’s final decision and possible payment, and this timeline is outside of Worthy’s control. We will make reasonable efforts to facilitate the process and avoid delays where information or feedback is required from us.
5. REQUIRED COMMUNICATIONS, ADMINISTRATIVE FEES & UNCLAIMED ITEMS
5.1 Required Communications. At various points in the delivery of the Services offered by Worthy, we are only able to move forward after obtaining a decision or feedback from you. Without limiting the generality of any requirements set forth in these Terms, it is imperative that you communicate with Worthy throughout the Service process. In each case in these Terms where we have detailed a situation requiring a communication indicating your acceptance, approval, rejection or denial, as applicable, your failure to respond within a reasonable time frame (not to exceed 10 days), to three (3) or more attempts by a Worthy representative (in each such case, “Seller Unresponsiveness”), may result in Worthy returning your item to you, subject to your confirmation of the FedEx retail location and/or Alternative Return Specifications (per Section 3). For the avoidance of doubt, your response is only sufficient if it provides the requested information via the method of communication indicated by Worthy (e.g., certain information must be communicated over the phone for security purposes, while in other cases a response may be required in writing), and any other form of response shall be deemed “Seller Unresponsiveness.”
Upon any Seller Unresponsiveness lasting beyond 60 days, Worthy may begin to charge reasonable and appropriate storage and administrative fees, not to exceed the maximum amount permitted by law (“Administrative Fees”), which Administrative Fees will either be deducted from the proceeds of your sale or collected from you prior to the return of your item.
5.2 Abandonment. In the event your item is not successfully sold via the Site, is rejected by Worthy for any reason, or there is any Seller Unresponsiveness whereby Worthy is holding your item(s) more than 6 months after our last communication with you (in each case, the “Holding Period”), Worthy may choose to escheat your items to the Appropriate State (collectively, the “Escheatment Remedies”). Worthy may exercise the Escheatment Remedies by way of direct remittance of your items to the Appropriate State or by sale of such items and retention of the relevant Administrative Fees. Please note that once Worthy has undertaken to remit your item(s) to the relevant State via the Escheatment Remedies, Worthy will have no further obligation to you or responsibility for your item(s), and you will be liable for contacting the Appropriate State in order to claim your items, at your own cost (see https://unclaimed.org/search/ for more details). As used in these Terms, “Appropriate State” means the State of your residence which is acknowledged by you to be the return address provided upon initial application to us, or such other return shipping address you provided to us in writing thereafter.
6. ELIGIBLE USERS AND ACCEPTABLE USE
6.1 Age And Ownership Requirements. YOU HEREBY REPRESENT AND WARRANT THAT (I) YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, (II) YOU ARE THE RIGHTFUL OWNER OF, OR ARE LEGALLY ENTITLED TO SELL ANY VALUABLES THAT YOU SELL THROUGH THE SERVICES, (III) THE VALUABLES YOU SELL THROUGH THE SERVICES ARE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES WHATSOEVER, AND (IV) YOU ARE LEGALLY ENTITLED TO FREELY SELL OR OTHERWISE TRANSFER THE VALUABLES YOU SELL THROUGH THE SERVICES AT YOUR SOLE DISCRETION.
In the event that we are contacted by a third party claiming to be the rightful owner of valuable(s) sent to us by you, we are not obligated to adjudicate any dispute over ownership and will not ship the valuable(s) to any party without a valid court order or other legally enforceable directive. Alternatively, either party may provide a signed and notarized affidavit (drafted or approved by us in writing) disclaiming ownership of the valuable(s) and authorizing us to release the valuable(s) to the other party.
The Services are intended only for participants that can lawfully enter into and form contracts under applicable law. You undertake to use the Services in a manner that demonstrates common sense and respect for our rights and the rights of third parties.
6.2 Names And Photographs. You undertake not to use our name or our brand names (or any name that is confusingly similar to either) for any purpose without our prior written permission. You undertake not to register any domain name that incorporates our names, trademarks or that is confusingly similar to our names or trademarks.
Worthy’s professional photographs of your valuable(s) are the property of Worthy and may not be used by you or any third party for any commercial purpose without our prior express permission in writing. If Worthy’s photographs are used to advertise your item for sale on another site (e.g. eBay, Facebook Marketplace or a similar auction place), Worthy will be entitled to damages equal to 18% of Worthy’s recommended reserve price or offer to purchase.
6.3. Prohibited Uses. As a condition to your use of the Site and Services, you agree that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms or any applicable law. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by us) and data mining or scraping. In addition, you may not use the Site, the Services, or any of your communications with us to: (a) defame, abuse, harass, threaten or otherwise violate our legal rights (such as rights of privacy and publicity) or the legal rights of others; (b) offer to sell any item that infringes or otherwise violates a third party's rights, including an item that: (i) you cannot legally sell, (ii) is misrepresented to us, and/or (iii) if sold, would cause us to violate any law, statute or regulation; (c) provide false, inaccurate, or misleading personal information; or (d) violate any applicable government laws or regulations (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). We will cooperate with legal authorities and internet service providers in releasing information about users who violate these Terms.
As far as your actual usage of the Services, you shall not (directly or indirectly): (i) access the Services other than by the interfaces provided by us; (ii) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass any of our measures which may be used to prevent or restrict access to the Services (or parts thereof); (v) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; or (vi) modify, translate, or otherwise create derivative works of any part of the Services.
You may only download material displayed on the Site or Services for non-commercial, personal use—provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, “frame” or use the content of the Site or Services including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Worthy. It is strictly prohibited to download the images of the products for sale within this Site. Tampering with the Services, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Services is prohibited.
6.4 Intellectual Property And Ownership. Content included on or comprising the Site or Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “ “Proprietary Material”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Proprietary Material is copyrighted as a collective work under the U.S. and international copyright laws, and Worthy owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Proprietary Material. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Proprietary Material, in whole or in part. Modification of the materials appearing on the Site or Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
The Worthy logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Worthy and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights. We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please notify us immediately.
Worthy does not want to receive confidential, proprietary or trade secret information through the Site or Services.
7. MEMBERSHIP AND REGISTRATION
In order to use the Services, you will be asked to become a registered member (“Member”) and provide us with certain identifiable information about yourself. By becoming a Member, you agree to provide accurate and complete information as requested during the registration process, and to update such information as necessary from time to time.
Additionally, when you sign up to become a Member, you will be asked to submit your email address and choose a unique password which will enable you to access the Services and your account whenever you like. We ask for security reasons that you do not re-use a password that you use elsewhere. Our main means of communicating with our users are electronic means (in other words, through email or text messages). You must provide us with accurate and complete contact information when registering to use the Services. It is your responsibility to maintain a current and valid email address.
As the Member account owner, you are solely responsible for the activity that occurs through your account. We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We will not be liable for losses caused by any unauthorized use of your account. We strongly recommend you notify us immediately of unauthorized use or access to your Member account.
While access to the Site is free, the Services are offered to you may include service fees, as described in detail in our FAQs. All fees, estimations and offers are made in U.S. dollars.
9. RIGHT TO DENY OR LIMIT ACCESS
We have the right, but not the obligation, to provide you with access to the Site or Services. Accordingly, we reserve the right to deny or limit access to any Site users whose behavior and use of the Services we find to be abusive, illegal, disruptive, or that might otherwise fail to conform to our standards and these Terms. We reserve the right to limit or revoke your access in full or in part to the Site, at our sole discretion, at any time, and for any reason, including, but not limited to violation of these Terms.
10. OWNERSHIP OF THE SERVICES
The underlying platform of the Services is either our proprietary property, or the proprietary property of our licensors or licensees. "Worthy™", "Worthy Value Partner™", and other trademarks, slogans, service marks, trade names, and trade dress which appear via the Services are proprietary to us. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by us.
The Services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website or service.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS, AND WORTHY DOES NOT WARRANT THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WORTHY NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE USE OF THE SITE. NO ADVICE OR INFORMATION OBTAINED FROM US, OUR AGENTS, REPRESENTATIVES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WORTHY SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
12. LIMITATION OF LIABILITY AND INDEMNIFICATION
12.1 Disclaimer Of Liability. UNDER NO CIRCUMSTANCES SHALL WORTHY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF TERRORISM, ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WORTHY RECORDS, PROGRAMS OR SERVICES.
WE SHALL HAVE NO LIABILITY TOWARDS SITE VISITORS WHO DO NOT USE THE SERVICES. OUR CUMULATIVE LIABILITY TOWARDS USERS OF THE SERVICES IS GOVERNED BY APPLICABLE LAW.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WORTHY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This section 12.1 does not apply to New Jersey residents.
12.2 Indemnification. You agree to release, indemnify, and defend Worthy, Inc. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Worthy Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Site or Services; (2) your conduct or interactions with other users of the Site or Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
14. USER FEEDBACK AND INPUT
By submitting any comments, feedback, and reviews through the Site, including via e-mail (“User Feedback”), you grant us a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology, including without limitation marketing materials, throughout the world without compensation to you.
In addition, any concepts, ideas, and materials that you transmit to the Site or otherwise provide us, including information about or photographs of your valuable(s), (“User Input”) shall be and remain our property. You hereby irrevocably waive any right with respect to such User Input without compensation to you and acknowledge that we will be free to use any such User Input for any purpose whatsoever including, but not limited to, developing or marketing products or services incorporating such information without compensation to you.
With respect to any User Feedback or User Input submitted by you, you hereby represent and warrant to us, that: (i) you are the sole author of such content and have all rights required to submit such content; (ii) such content is not known by you to be false, inaccurate or misleading; (iii) such content is non-confidential and non-proprietary and does not infringe the right of any third party (iv) such content does not contain any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material, any material in violation with any law, statute, ordinance or regulation or any other material that could give rise to any civil or criminal liability under law.
We reserve the right to change, condense or delete any User Feedback or User Input as we deem fit, at our sole discretion. We do not guarantee that you will have any recourse through to edit or delete any User Feedback or User Input you have submitted. You acknowledge that you are responsible for the User Feedback or User Input you submit. None of the content that you submit shall be subject to any obligation of confidence on the part of Worthy, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
15. AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
15.2 Agreement To Binding Arbitration. For all disputes and claims other than those regarding Worthy’s IP rights as described in these Terms, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), your and our relationship and/or your use of the Site or Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.
15.3 Arbitration Procedures. All claims arising out of or relating to these Terms (including these Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services or Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 555 West 5th Street, 32nd Floor, Los Angeles, CA 90013 USA; and (c) send one copy of the Demand for Arbitration to Worthy at the information listed in “Contact Us” below.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the U.S., arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the U.S., arbitration shall be initiated in the State of New York. You and Worthy further agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
15.4 Authority Of The Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and Worthy shall be subject to the Federal Arbitration Act.
15.5 Waiver Of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
15.6 Class Action And Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
15.7 Exception – Small Claims Court Claims. Notwithstanding your and Worthy’s agreement to resolve all disputes through arbitration, either you or Worthy may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.8 Opt-Out Of Agreement To Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected], and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Worthy through arbitration. The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Worthy also will not be bound by them.
16.1 Entire Agreement. These Terms, and any other legal notices published on the Site or Services, shall constitute the entire agreement between you and Worthy concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. In construing or interpreting these Terms, headings are for convenience only, and not to be considered.
16.2 Severability. If any provision of these Terms is found to be unenforceable or unlawful by a court of competent jurisdiction, then that provision shall be deemed severable and not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
16.3 No Waiver Of Any Terms. No waiver of any term shall be deemed a further or continuing waiver of such term or of any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of that right or provision.
16.4 Governing Law. The laws of the State of New York will govern these Terms without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Services and these Terms at any time by updating this posting. By using the Site or Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms to which you are bound.
16. CONTACT US.
We welcome your questions and comments about these Terms. You may contact us at any time via:
Mail: 45 West 45th St., 4th Floor, New York, NY 10036, Attn: Legal Department
Telephone: (888) 222-0208