The terms and conditions below are legally binding on you as a user of the SELLJEWELRY® service, the SELLJEWELRY website(s), and/or as a customer of CIRCA INC. ("CIRCA®"), and inure to the benefit of CIRCA and its successors and assigns.

1. Requirements for use. You must be (and, by requesting, receiving or using a SELLJEWELRY Secure Kit or other SELLJEWELRY materials, sending CIRCA any gold, diamonds, jewelry, watches or other property or items, whether using a Secure Kit, other materials provided by CIRCA or otherwise (individually, an "Item", and collectively, "Items"), or otherwise conducting business with CIRCA, you represent and warrant that you are):

   (i) At least twenty-one (21) years of age;

   (ii) The actual legal owner of any and all Items sold or attempted to be sold to CIRCA or specifically authorized in writing to sell the Items to CIRCA;

   (iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and

   (iv) Intending and agreeing to be legally bound by these terms and conditions.

   CIRCA may request documentation or other proof of compliance with any of these requirements.

   You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to CIRCA and that you have full authority to solely engage in the transaction with CIRCA.

   You agree to and will indemnify and hold harmless CIRCA from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to CIRCA.

2. Offer and acceptance

   (i) After receipt and appraisal of your Item(s), CIRCA will issue a check that constitutes CIRCA's payment for the purchase of your Item(s). Upon your (or the Referring Lead's, as applicable) cashing, deposit or other acceptance of the check, or your failure to provide timely notice of non-acceptance as provided in item 2(ii) below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive your Item(s) back from CIRCA.

   (ii) If you do not wish to accept CIRCA's check and would like your items back, you must call CIRCA at 877-876-5494 to provide notice of your non-acceptance to a customer service representative within ten (10) days of the date on the check. Even if you call, you must also return your check. If CIRCA receives your phone call within such ten (10) day period, then after receiving your check CIRCA will return your Item(s), without charge to you, within fifteen (15) business days.

   (iii) CIRCA does not provide written appraisals. In advance of CIRCA's issuing a check, you may request a telephone or e-mail quote for your Item(s). Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment by check will be issued promptly by CIRCA, and you will not have the opportunity to return your check and receive your items back from CIRCA. Conversations and negotiations may, at the discretion of CIRCA, be monitored and/or recorded.

3. Limitations of liability

   (i) CIRCA will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than CIRCA, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until CIRCA acknowledges receipt and verification of your Item(s), even if you send Items in a Secure Kit or other materials provided by CIRCA.

   (ii) If you use the prepaid Postal Service stamp included in the SELLJEWELRY Secure Kit, in the event of loss of or damage to the contents of a SELLJEWELRY Secure Kit that you properly ship to CIRCA in accordance with the instructions and procedures set forth in the SELLJEWELRY materials, CIRCA will, subject to these terms and conditions, pay you (and CIRCA's liability will be limited to) an amount equal to the lesser of the one-third (1/3) of the appraised value of the lost contents or Five Hundred Dollars ($500.00). CIRCA reserves the right, in its sole discretion, to reject delivery of any mail or package that appears damaged, opened or tampered with. Any such rejected mail or package will be returned to you, and CIRCA will have no liability in connection with any such attempted delivery or return of any Item(s). Accordingly, if you anticipate the value of your Items to be in excess of $500.00, you should send them to CIRCA via UPS or the Postal Service (using the SELLJEWELRY materials) and insure your Item(s) against loss in transit to CIRCA for your full anticipated value.

   (iii) In the event of a loss or damage after CIRCA acknowledges receipt and verification of an Item, CIRCA's liability will be limited to one-third (1/3) of the appraised value of the lost or damaged Item or Ten Thousand Dollars ($10,000.00), whichever is less.

   (iv) If you do not provide CIRCA with a written third party appraisal (issued prior to delivery to CIRCA) for the Item, the value of your Item for purposes of CIRCA's liability will be $175, for loss or damage prior to CIRCA's acknowledgment of receipt and verification, or the liquidation value determined by CIRCA in its sole discretion, for loss or damage after acknowledgment of receipt and verification. You expressly acknowledge and agree that if you do not provide such an appraisal, CIRCA's determination of value shall be conclusive and binding.

   (v) In order to make a claim for loss or damage of an Item, you must submit a claim to CIRCA after thirty (30) days and within ninety (90) days of your mailing the Item to CIRCA. Such claim must be made on the claim form provided by CIRCA (available on request). CIRCA will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to CIRCA in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.

   (vi) CIRCA reserves the right, in its sole discretion, to reject delivery of any Secure Kit, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and CIRCA will have no liability for any such attempted delivery or return of any Item(s).

   (vii) CIRCA will have and assumes no liability whatsoever, whether arising in connection with the use of the SELLJEWELRY service, SELLJEWELRY website(s) or a Secure Kit or other materials provided by CIRCA, the loss of any Item(s), or for any other reason, including, without limitation, CIRCA's own acts or omissions. CIRCA will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).

4. Return insurance liability limitation. CIRCA will insure any Item returned to you at the amount of two (2) times the offer made by CIRCA for such Item (regardless of whether and in what amount it was insured for when mailed by you). If CIRCA receives a written request from you prior to return shipment of your Item(s), CIRCA will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. CIRCA will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, CIRCA will have no liability whatsoever in connection with the return of any Item to you.

5. Privacy policy. CIRCA's privacy policy is posted at selljewelry.com/privacy.aspx. Such privacy policy, as amended from time to time, will be binding on you. CIRCA reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by CIRCA.

6. Legal compliance. CIRCA has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.

7. Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with CIRCA. In no event will CIRCA be liable to any third party, including, without limitation, any insurance carrier. CIRCA will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.

8. Choice of law, waiver and claims. These terms and conditions, and all CIRCA transactions doing business as SELLJEWELRY, will be governed by the laws of the State of New York in regard to its conflict of law provisions. CIRCA's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SELLJEWELRY service or website(s) or otherwise with CIRCA must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the State of New York. CIRCA will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of New York, including but not limited to, attorney's fees incurred by CIRCA.

CIRCA® and SELLJEWELRY® are registered trademarks of CIRCA INC.