Refund Policy:

We will refund you at ANY time for ANY reason.

Terms of Monthly Services Agreement

 

    The following Terms of Monthly Service (referred to herein as the “Agreement”) is effective on receipt of first payment. 

 

  1. KEY TERMS

 

    1. Agreement Summary:  ​ Buyer agrees to purchase a monthly subscription for consulting services. The monthly subscription charge shall accrue from the time the Buyer completes his or her first monthly purchase and last until the Buyer requests termination. 

 

    1. Services: Hyman & Kennedy Consulting, Inc. shall provide the following services to the Buyer in accordance with the terms and conditions of this Agreement:

      • Consultations on Appraisals

      • Consultations on Pricing Pawn Pulls

      • Consultations on Pricing Used Goods for Sale

      • Consultations on Retail Pricing

      • Consultations on Wholesale Pricing

      • Colored Stone Evaluations

      • Diamond Evaluations

      • Watch Evaluations

      • Vintage Jewelry Evaluations

      • Signed Jewelry Evaluations

      • Detailed Guidance on Watch Authentication and Market Pricing

 

    1. Membership:  The Buyer’s membership with Hyman & Kennedy Consulting, Inc., will continue month-to-month and automatically renew unless and until the Buyer cancels their membership.  The Buyer must provide Hyman & Kennedy Consulting, Inc. with a current valid, accepted method of payment (referred to herein as “Payment Method”) to subscribe to the consulting services provided by Hyman & Kennedy Consulting, Inc.  The monthly membership fee will be billed to the Buyer’s Payment Method.  The Buyer must cancel their membership before it renews each month in order to avoid billing of the next month’s membership fees to the Payment Method.

 

    1. Price:  As consideration for the services provided by Hyman & Kennedy Consulting, Inc., the price for the provision of the services is $29.95 per month.  

 

    1. Payment Terms: The Buyer agrees to pay $29.95 per month for the services provided by Hyman & Kennedy Consulting, Inc.  The recurring charge of $29.95 will occur 30 days after the initial payment and continue every 30 days until terminated by the Buyer.  By starting the membership with Hyman & Kennedy Consulting, Inc and providing or designating a Payment Method, the Buyer authorizes Hyman & Kennedy Consulting, Inc. to charge the Buyer a monthly membership fee at the then current rate.

 

    1. Automatic Monthly Renewal Terms: The Buyer’s subscription will be automatically renewed on successive monthly periods and the Buyer’s payment method will automatically be charged for each successive monthly period at the then-current subscription rate until the Buyer cancels their Monthly Subscription renewal

 

    1. Payment on File: Buyer hereby certifies that the Payment Method supplied for payment is their own account or that they are fully authorized to provide this account to Hyman & Kennedy Consulting, Inc. as payment for the service. Buyer understands that Hyman & Kennedy Consulting, Inc. will retain this card as payment for future charges based on the service terms set forth in this agreement. If at any time the card becomes expired or cancelled, client shall provide a new card or account at Hyman & Kennedy Consulting, Inc. request. Buyer will be notified if their credit or debit card fails to authorize for any reason, and that Hyman & Kennedy Consulting, Inc. has the right to terminate their services should they fail to provide them with a new and valid credit card number within a reasonable time and no later than 14 days from the last payment collection date.

 

    1. Service Termination: The Buyer understands that if they wish to cancel this monthly service charge with Hyman & Kennedy Consulting, Inc. they can do so at any time by phone, by email or by letter.  Buyer understands that they must cancel their monthly service subscription by the 1st of each month to guarantee that they are not charged for the subsequent month. 

 

  1. General Terms

 

    1. Warranty: Hyman & Kennedy Consulting, Inc. represents and warrants that: 

 

      • it will perform the consulting services with reasonable care and skill; 

 

      • the Services provided by Hyman & Kennedy Consulting, Inc to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party; and

 

      • Hyman & Kennedy Consulting, Inc. makes no warranties, express or implied, including without limitation, any implied warranty of merchantability of fitness for a particular purpose to the Buyer in connection with its use of the service. In no event shall Hyman & Kennedy Consulting, Inc. be liable for incidental or consequential damages to the full extent the same may be disclaimed by law.

 

    1. Limitation of Liability:

 

      • Subject to the Buyer’s obligation to pay the monthly service price to Hyman & Kennedy Consulting, Inc., either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the monthly service price. 

 

      • To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the monthly service price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. 

 

    1. Term and Termination: This Agreement shall be effective on the date hereof and shall continue until terminated in accordance with paragraph 1(f).

 

    1. Relationship of the Parties:  The Parties acknowledge and agree that the Services performed by Hyman & Kennedy Consulting, Inc., its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

 

    1. Confidentiality: Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

 

  1. Miscellaneous 

 

    1. Severability:  It is expressly understood and agreed that in the event any one or more of the provisions of this Agreement shall be unenforceable for any reason, the remaining portions of this Agreement shall, nevertheless, remain in full force and effect, and the unenforceable provision or provisions shall be deemed deleted.

 

    1. Amendment:  This Agreement can be altered and amended only by further written agreement duly executed by the parties.  Any failure by either party to specifically perform or to enforce performance exactly according to the letter of this Agreement shall not constitute an alteration of the same by way of enlargement, reduction, estoppel, or otherwise, unless confirmed in writing by the parties.  It is understood that the parties may, by mutual agreement, make temporary modifications from time to time as conditions require, but this Agreement shall nonetheless be binding upon the parties as written, except in the event of a material breach.

 

    1. Governing Law:  This Agreement shall be construed and governed in accordance with the laws of the State of North Carolina.  This contract and disputes arising out of or relating to the contract or the parties’ relationship are governed by the laws of North Carolina.  Any action or proceeding arising out of or relating to the contract or the parties’ relationship shall be submitted to binding arbitration in a state or federal court situated in the County of Mecklenburg, North Carolina. 

 

    1. Arbitration: Any dispute, controversy or claim arising out of or relating in any way to the Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration.  In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, the parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

    2. Entire Agreement.  This Agreement contains the entire understanding of the parties; and there are no representations, warranties, covenants, or undertakings other than those expressly set forth therein.

 

    1. Captions.  Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents.  The caption does not control the meaning of any paragraph or in any way determine its interpretation or application.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information

in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

 

When do we collect information?

We collect information from you when you register on our site or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To quickly process your transactions.

• To send periodic emails regarding your order or other products and services.

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

 

We use regular Malware Scanning.

 

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

 

We implement a variety of security measures when a user places an order enters, submits, or accesses their

information to maintain the safety of your personal information.

 

All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use 'cookies'?

We do not use cookies for tracking purposes. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.

 

Third-party disclosure.

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

 

Third-party links

We do not include or offer third-party products or services on our website.

 

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

 

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly

the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following: Users can visit our site anonymously.

 

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

 

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

• Via Email

Can change your personal information:

• By emailing us

• By calling us

• By logging in to your account

 

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

 

Does our site allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking COPPA (Children Online Privacy Protection Act)

 

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old.

 

Do we let third-parties, including ad networks or plug-ins collect PII from children under 13? 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

 

We will notify you via email Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions

• Process orders and to send information and updates pertaining to orders.

• Send you additional information related to your product and/or service

 

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.

• Identify the message as an advertisement in some reasonable way.

• Include the physical address of our business or site headquarters.

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly.

• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

• Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the

information below.

www.hymankennedy.com

333 West Trade Street

Charlotte, NC 28202

USA

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© 2018 Hyman Kennedy Consulting