TERMS AND CONDITIONS
1. ABOUT THE WEBSITE
We provide an website that allows visitors and users to sell physical bullion, such as gold and silver.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by us appearing on the Website is solely at your own risk. You understand that we are not obligated to provide any maintenance, technical or other support for the Website.
2. OWNERSHIP OF WEBSITE AND LICENSE
You acknowledge and agree that we are the owner of, or have rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without our prior consent.
We hereby grant you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from us, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to us.
3. TRADEMARKS
All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. Specifically, all our marks are the property of the company. You are prohibited from using our trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without our prior written consent.
4. ACCOUNT REGISTRATION
Account registration and use of the Website is free. You may search, view and sell products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications. You may opt out of these notifications at any time.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.
You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. We reserve the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact us immediately. You agree to hold harmless and indemnify us for any damages that arise out of, or in relationship to, the use of your Account.
5. ORDER POLICIES AND PROCEDURES
By creating an Account, you agree that we, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
6. SELL TO US
When selling to us, all products sold to us must have a minimum price sum of $1,000, unless otherwise arranged at our discretion.
Without limiting any other legal or equitable rights and remedies that may be available to us, in the event of any failure by you to comply with this Agreement, we may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
7. FRAUD
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
8. MARKET LOSS POLICY
Upon issuance of an order number, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at our current asking price. If your item is cancelled, you are responsible for any deficit between the price at which we sold the item and the offsetting purchase price. Market gains on cancellations or returns shall remain our property.
Without limiting any other legal or equitable rights and remedies that may be available to us, we may elect to apply any and all of your funds in our possession to satisfy your monetary obligations and/or may offset any obligations that we may have to you.
9. USER GENERATED CONTENT
We may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that we do not guarantee any confidentiality with respect to any submissions of your User Generated Content.
10. TERMINATION
Either we or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations with respect to the period prior to the date of termination. In addition, failure to timely make payments to us will result in termination of services as deemed appropriate by us.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
CAUTION: All investments involve some degree of risk and are affected by numerous economic factors, all of which are beyond our control. You are solely responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to selling. You represent and warrant to us that you have sufficient experience and knowledge to make informed financial decisions and that we are not making any recommendation with respect to such sales.
12. DISCLAIMER OF WARRANTIES
We provide the website, the products, and services on an “as is” and “as available” basis. We do not represent or warrant that the website, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use. We make no warranties other than those made expressly in this agreement, and hereby disclaims any and all implied warranties, including without limitation, warranties of or for a particular purpose, merchantability and non-infringement.
We will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. We reserve the right to discontinue the website at any time.
Please remember to always consult with your investment and financial advisor prior to engaging us.
13. LIMITATION OF LIABILITY
We specifically disclaim any liability or responsibility for orders or sales placed via our online system, for any losses or direct, indirect, consequential, incidental, or punitive damages that you may incur as a result of the use of the online system, the website, and/or related products/services.
We shall not be responsible for errors, negligence, or inability to execute orders. The website may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors listed on the website.
14. INDEMNITY
You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to us, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense.
15. RELATIONSHIP
The sole relationship between you and us is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
16. NO ASSIGNMENT
You may not assign this Agreement, including your related rights and/or obligations, without our express prior written consent. Such consent may be granted or withheld by us at our sole and absolute discretion.
17. FORCE MAJEURE
You acknowledge and understand if we and/or the Website are unable to provide the products and/or services as a result of a force majeure event, we and/or the Website will not be in breach of any of its obligations to you under this Agreement. A force majeure event means any event beyond our control.
18. GOVERNING LAW; WAIVER OF JURY TRIAL
This Agreement is governed in all respects by the laws of the United States of America and by the laws of the State of Arizona, without regard to conflict of law principles. You and us irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in the state of Arizona. To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against us with respect to this Agreement and/or the Website.