Metals Mint Terms and Conditions
USER AGREEMENT
User’s Acknowledgment and Acceptance of Terms and Conditions:
THIS IS AN EXTREMELY IMPORTANT AGREEMENT WHICH GOVERNS YOUR RELATIONSHIP WITH METALS MINT. READ THIS ENTIRE AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS BEFORE YOU USE THE WEBSITE. YOU SHOULD CONSULT WITH AN INDEPENDENT ATTORNEY TO HELP YOU UNDERSTAND THIS AGREEMENT AND ANY TRANSACTION YOU ARE CONSIDERING. YOU SHOULD ALSO PRINT AND SAVE A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Metals Edge Group (“Metals Mint,” “Our,” “We,” or “Us”) owns and operates the Website (the “Website”). You or the entity that You represent when You are using the Website (“You” or “Your”) are a party to this Agreement.
When You access and/or use the Website for any purpose, You agree to the terms and conditions in this Agreement (“Agreement”). If You do not understand or agree with all of the terms and conditions of this Agreement, You must immediately stop using the Website.
THIS AGREEMENT COVERS ANY AND ALL ORDERS, PURCHASES, AND SALES YOU CONDUCT WITH METALS MINT INCLUDING SALES BY TELEPHONE AND OTHER MEANS. YOU ARE REPRESENTING AND WARRANTING THAT YOU HAVE READ THIS ENTIRE AGREEMENT, THAT UNDERSTOOD WHAT YOU READ, AND THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS.
YOU MUST RE-CHECK THE LATEST VERSION OF THIS AGREEMENT BEFORE YOU MAKE ANY PURCHASE OR SALE. YOU UNDERSTAND AND AGREE THAT WE CAN CHANGE THIS AGREEMENT AT ANY TIME AND FOR ANY REASON WITHOUT NOTIFYING YOU FIRST (OTHER THAN PUBLISHING THE NEW VERSION ON THE WEBSITE). YOU AGREE TO BE BOUND BY THE LATEST VERSION OF THIS AGREEMENT.
Please direct any legal questions regarding this Agreement to:
METALSEDGE GROUP, INC DBA METALS MINT
Attn: Legal Department
3900 Military Trail
Suite 500
Jupiter, FL 33458
(855) 360-4653
www.metalsmint.com
1. Background
Metals Mint allows You to buy and sell physical bullion (i.e., gold, silver, and other precious metals) over the telephone or through the Website. You understand and agree that You are using the Website and making any purchases or sales at Your own risk and based solely on Your own personal decisions.
Please note that the Website may not have the latest or complete information regarding bullion or related subjects. In addition, the Website may not work properly at all times because of technical problems. Further, You may not rely on any information that Metals Mint or its contractors and employees provide regarding bullion, the precious metals markets, or the risks related to purchasing bullion.
2. Using the Website
As long as You comply with the Agreement, You may use and access the Website without cost and without registering. If You would like to register an account and create a User Profile, You must provide the information that We request during the registration process. Once You provide any personal information through the Website, You agree to receive notifications by telephone, email and/or text. We will stop these notifications if You notify us that You would like us to stop sending them.
When You use the Website, We may ask for personal information such as: 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 collect other non-personal information about Your Website visit to protect the security of Our customers, the Website, or to make Our products and services more efficient to use and more beneficial to You.
You understand and agree that We will abide by Our Privacy Policy (which is incorporated into this Agreement and available on the Website) with regard to any information We obtain from You (including but not limited to: information regarding Your use of this Website, account registration, and any other personal information You provide). You agree to be bound by Our Privacy Policy, and You warrant and represent that You have read and understand Our Privacy Policy. In there is a conflict between this Agreement and Our Privacy Policy, the Privacy Policy will control.
You understand and agree that when you use the Website You must: (1) provide truthful, current, complete, and accurate account information, and (2) update through the Website Your account information whenever any information changes. You understand and agree that You may not create an account that (1) impersonates another person, (2) contains offensive or obscene language, or (3) otherwise violates the rights of any third party. You further understand and agree that You will not interfere with or disrupt any other person or entity’s use and enjoyment of the Website.
You understand and agree that, in Our sole discretion and without any prior warning, We can restrict access to, monitor, suspend, disable, or delete Your Account at any time.
You understand and agree that You are solely responsible for: (1) Your account, the use of Your account (whether authorized or unauthorized) and all associated User Profiles; and (2) keeping Your account secure (including choosing a secure password). You agree: (1) to log in using Your account password; (2) not to reveal Your password to others; and (3) not to engage in any unauthorized use of the Website.
You must immediately contact Metals Mint if there is any unauthorized use of Your account.
You agree hold harmless and indemnify Metals Mint for any damages that arise out of, or in relationship to, the use of Your Account.
3. Making Purchases and Sales
You understand and Agree that when You create an Account, Metals Mint and its designees and agents, may contact You by any available means (including but not limited to telephone (cell phone or landline), text message, and by email).
This Agreement will cover all purchases and sales that You make. You understand and agree that when You place an order to buy or sell with Metals Mint, You are making binding and legally enforceable agreement.
Once You place Your order and receive a confirmation number, Your order is a legal and binding agreement. You may not cancel any confirmed order.
In additional to all of Our other legal and equitable rights and remedies, if You fail to comply with this Agreement, We can suspend or terminate Your account. If We suspend or terminate Your account, all of Your obligations under this Agreement remain in effect.
We are not responsible for any pricing or typographical errors on the Website, and You understand and agree that We have the sole and absolute discretion to cancel any orders that are affected by any pricing or typographical errors. If We cancel an order for this reason, We will contact You directly to notify You.
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.
4. Buying Bullion From Us
You may purchase bullion from Us by telephone, or through the Website. We will sell to you at the “Final Purchase Price.”
When You place an order for a quantity and type of bullion, We will send you an electronic mail message containing a “Presumptive Purchase Price” price and an “Order Number.” You may pay the Presumptive Purchase Price by bank wire or check.
For bank wire orders, We will generally honor Your Presumptive Purchase Price (and it will typically become the Final Purchase Price), if We receive full payment within two (2) business days of your order. For check orders, We will generally honor Your Presumptive Purchase Price (and it will typically become the Final Purchase Price) if we receive Your check in an envelope postmarked within one (1) business day of Your order, and the check clears in our bank within ten (10) business days of your order.
If the market price of bullion changes between the time of your order and the time we receive full payment in cleared funds of the Presumptive Purchase Price, we reserve the right to adjust the Presumptive Purchase Price at our Sole Discretion so your Final Purchase Price is consistent with the market at the time of full payment. Your order is not complete until We have set the Final Purchase Price and received full payment in cleared funds of the Final Purchase Price in Our bank account.
In most cases, We will deny Your order if We do not receive payment within these deadlines. If You do not meet these deadlines, You understand and agree that We can also change the purchase price or assess any market losses between the order date and time of non-payment.
Your must provide credit card information to guarantee Your order. The information regarding prices and availability of bullion that You receive are subject to change without notice.
If We make any error in the course of any order, You understand and agree that We have the right to cancel the order.
5. Paying for Your Purchase
We highly recommend that You pay us by bank wire for Your purchases. All orders for amounts greater than $2,000.00 must be paid by wire.
You agree to make all payments with a via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH/eCheck, bitcoin, or money order. We will not accept credit card convenience checks or any third-party checks.
We may request additional documentation or a specific method of payment for certain orders. You also authorize Us to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days before shipping. If We suspect fraud (at Our sole discretion), We may hold certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders up to 45 (forty-five) calendar days. By choosing to pay with a credit or debit card, You expressly authorize US to authorize and capture Your credit card payment prior to shipment.
If You pay by Credit/Debit card, We will use a third-party payment processor (e.g., CyberSource, PayPal), and You understand and agree that a temporarily charge may appear in Your pending transactions. We will not be responsible or liable for any overdraws that may occur because of any temporary charge. You understand and agree that You are solely responsible for paying any and all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with Your use of the Website and/or purchase of services through the Website. You understand and agree that We are not responsible or liable if You fail to complete a transaction through the Website.
We may refuse or cancel any order (for any reason and at sole discretion).
If You fail to provide full funding for any transaction, We may cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.
We do not accept Cash on Delivery orders. We will provide payment instructions with all orders.
6. Selling Your Bullion To Us
You may sell bullion to Us by telephone, or through the Website. We will buy from you at the “Final Selling Price.”
Based on Your description of Your bullion and the current Spot Price, We will set the “Presumptive Selling Price.” Typically, We will set the Presumptive Selling Price when We collect Your credit card information. Also, We will not typically purchase less than $1,000 of bullion, but We may agree to purchase smaller amounts of bullion solely at our discretion.
If You agree to proceed with the sale, You will ship your bullion to us.
You must ship Your bullion within one (1) business day of receiving the Presumptive Selling Price, and You must contact Us via email at info@metalsmint.com or telephone at 1-855-360-4653, to provide a tracking number so We can confirm the shipment. If You use Our shipping labels, You must follow all shipping instructions to ensure the shipping insurance is valid.
You are responsible for all shipping costs related to bullion you sell to Us, and You maintain any and all risk of loss or damage until We confirm that We have received Your bullion. We will reject all packages that are damaged when We receive them.
You understand and agree that We will inspect the products you provide for sale for authenticity, quantity, and condition. If the products are different than Your initial representations, You understand and agree that We can change the Presumptive Purchase Price or cancel the transaction (at Our sole discretion).
You also understand and agree that at Our sole discretion (but particularly if there is a significant market change while Your bullion is en route to Us), We may re-set the Presumptive Selling Price when We actually receive the bullion You are selling.
Based on the current market price and the results of our inspection of your bullion, we will set the Final Selling Price (which will either be equal to the Presumptive Selling Price, or higher or lower).
If We reject the transaction or you refuse to accept our Final Selling Price, You will be responsible for all return shipping fees, and We will automatically charge these shipping fees to the credit card You have on file.
7. Re-Purchase Policy
After You have placed Your order and prior to shipping, We may agree to re-purchase the bullion You purchased at Our current Final Selling Price. You must make any re-purchase order offset during normal business hours, Monday-Friday, 9:00 AM to 6:00 PM US Eastern time.
You understand and agree that We may not be re-purchasing your bullion at the price You agreed to pay for Your bullion. In fact, the current Final Selling Price could be significantly higher or lower than your Final Buying Price. We will charge any losses to the credit card on file, and if the charge is denied, You agree to pay Our invoice within 10 days. We will not do any further business with You until all charges are paid.
We can decide not to re-purchase Your bullion for any reason. If We do re-purchase Your bullion, You understand and agree that You will suffer any market losses associated with the purchase.
If We conduct a re-purchase order, We must approve the order over telephone, live chat, or email. We will provide You with a re-purchase confirmation and the total Market Losses and fees associated with Your re-purchase order.
8. Exchange, Refund, and Return Policy
We will not provide refunds, returns, or exchanges more than five (5) business days from the date You receive any item. We will not refund any shipping and handling charges. You are also fully responsible for all taxes, as well as return shipping and handling costs, including insuring Your return shipment.
If you wish to make a claim under this return policy, you must contact Our Customer Service Department via telephone at [telephone number] within five (5) business days from the date You receive the item. You must follow the instructions You receive during this call.
We may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will not be held more than 3 days.
If You request an exchange, We may in Our sole and absolute discretion find an acceptable replacement or refund Your money if an acceptable replacement is unavailable. You understand and agree that we have no obligation to exchange any purchase.
If you request a refund or return, we will re-purchase your bullion in accord with the Re-Purchase Policy set forth in this Agreement.
9. Cancellation Policy
Once you have placed an order with Metals Mint you have entered into a binding legal agreement and you may not cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to Metals Mint) at Metals Mint’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 6:00 PM Eastern Standard Time. Metals Mint reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time Metals Mint shall provide you with cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize Metals Mint to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price. Alternatively, in the event your credit or debit card is denied, Metals Mint reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. All market gains on cancellations shall belong solely to Metals Mint.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After Metals Mint has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. Metals Mint reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Metals Mint deems questionable or suspicious, for orders Metals Mint deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Metals Mint does not receive payment within the allotted timeframe.
Metals Mint is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, Metals Mint will contact you directly with notification of the cancellation.
In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, Metals Mint may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $25.00 charge will be charged to the customer’s credit card on file.
10. Market Loss Policy
Upon issuance of an order number following a purchase from Metals Mint, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at Metals Mint’ current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Metals Mint sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of Metals Mint. Furthermore, and to the extent Metals Mint does not have any of your funds in its possession, Metals Mint reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Metals Mint.
Without limiting any other legal or equitable rights and remedies that may be available to Metals Mint, Metals Mint may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Metals Mint may have to you. Metals Mint also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Metals Mint.
11. Fraud
If We suspect fraud at any time, We may: (1) require further authorization or confirmation of Your order and/ or other information from You; (2) cancel, delay, refuse to ship, or recall from the shipper any order; and/or (3) submit all records, with or without a subpoena, to law enforcement agencies, banks and credit card issuers for investigation. You understand and agree that We may report and cooperate with the prosecution of actual and suspected fraud, but We do not have the obligation to make reports assist prosecution.
12. Export Compliance
All shipments are subject to all United States export laws. We will not export or re-export shipments into, or to a national or resident of, Cuba, Iran, North Korea, Syria, or any country to which the United States has embargoed goods. We will also not export or re-export to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
13. Ownership of Website and License
Metals Edge owns the Website and all associated content, including but not limited to all intellectual property rights inherent therein. You may not use the Website for any purpose that is not specifically set forth in this Agreement. To be clear, unless You have explicit written permission from Metals Edge, You are strictly prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, in whole or in part.
You have a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for the purposes set forth in this Agreement. If You violate any term or condition of this Agreement or use of the Website in violation of Your license (including but not limited to downloading (other than page caching) or modifying the Website or any portion of it) Your license is immediately terminated, and You have no further right to use the Website.
Unless Metals Mint gives You written permission, You may not reproduce, prepare derivative works, distribute copies, display, or use for commercial purposes the Website or its content. We can revoke this license for any time and for any reason, and We reserve all of Our rights regarding the Website.
14. Trademarks
All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. Unless You have written permission from Metal’s Edge, You are prohibited from using Metals Edge’s trademarks, service marks, and trade dress, or any colorable imitation, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with Your goods or services.
15. User Generated Content
We may allow You to submit User Generated Content to the Website (e.g., product reviews). You understand and agree that We may host, share, and/or publish User Generated Content to public areas of the Website. In this case, the Use Generated Content will be publicly visible to all Website visitors. You understand and agree that We do not guarantee any confidentiality regarding Your User Generated Content.
When You submit User Generated Content to the Website, You grant Us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Your User Generated Content for the Website and any related purpose (including but not limited to, providing You or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website.). Among other things, You agree that We may reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. You agree to waive all moral rights in and to Your User Generated Content across the world, whether You have or have not asserted moral rights in or to Your User Generated Content. By submitting User Generated Content to the Website, You further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content You submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You understand and agree that You are solely responsible for any User Generated Content You submit to the Website. We will only act as a repository of data. As a result, We make no guarantees regarding the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. We do not guarantee the confidentiality of any User Generated Content You share through the Website with any third party.
Without any notice and at Our sole discretion, We may remove User Generated Content from the Website, especially if the User Generated Content violates this Agreement. You understand and agree that We can terminate Your account and/or Your right to use the Website for any reason and at any time for any reasons or for no reason (including, but not limited to, infringing on their parties’ intellectual property or other rights, or violating the terms and conditions of this Agreement).
16. Termination
Either of Us 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 either of Our rights and obligations during the period prior to termination. If You fail to make payments to Us on time, We have the right to terminate any services.
17. Section 230 of the Communications Decency Act
You acknowledge and agree that We are an interactive computer service provider under Section 230 of the Communications Decency Act. Even though We may edit, remove, or control the content displayed through the Website, You understand and agree that We will not be considered an information content provider, and We will not be liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
You understand and agree that the Website may contain links to third party websites, applications, or services that We do not own or control. You understand and agree that We will not be held responsible or liable for the content of third-party websites, applications, or services.
The views and opinions of users, contributors, and others expressed on the Website do not necessarily state or reflect Our views.
18. Disclaimers, Exclusions and Limitations
Investments in precious metals involve substantial risk. Historically, there have been periods of varying length during which prices of precious metals have moved adversely to investors’ interests. Market prices are volatile and unpredictable and may be affected by a variety of factors including, among others, general economic conditions, political events, monetary policies of various countries, fluctuations in production and demand, stockpiles, speculative activity, transactions and events in futures markets and the degree of concern market participants have about these matters. It is impossible to forecast accurately how or to what degree these or other factors will affect prices. Investments in precious metals should only be made with discretionary funds and not with monies necessary to cover or produce your day-to-day living or operating expenses. What is suitable for one customer with a given financial means may not be suitable for the goals or emotional makeup of a second customer of the same means. Before choosing to buy or sell, you must determine in your own mind your ability to understand the transaction and to meet all necessary financial commitments in connection with the transaction. Transactions with Metals Mint may involve buy and sell charges (“commissions”), and spreads. Transactions will involve shipping and handling charges. A sales or use tax or VAT may also be payable. These factors can result in a loss despite favorable price movement if such movement is insufficient to overcome them.
There is no guarantee that We will agree to buy or sell bullion at any time in the future. If we are unable or unwilling to quote firm prices at any time, you may be obliged to sell precious metals you own in another market.
Metals Mint and its employees are not your agents and owe no fiduciary duty to you. In fact, you understand and agree that Metals Mint is your counter-party in any transaction you conduct, and Metals Mint will seek to make a profit on all of these transaction.
You understand and agree that You may not rely on any representations that you will make a profit by purchasing bullion, or that We will notify You if the market turns against You. Neither Metals Mint nor its representatives guarantee, assure or promise future market movement, prices, coin premiums, bid/ask spreads or profits.
Your account with Metals Mint is self-directed. This means that you are solely responsible for all transaction decisions for your account. Any reliance upon recommendations or suggestions by any Metals Mint representative or upon any written material in making your decision to enter into a transaction does not relieve you of your responsibility for that transaction and its outcome. Because you are solely responsible for your account, it is very important that you understand the type of transaction you are considering and that any decisions you make are the same as your intentions. Your verbal authorization to enter a purchase or sale transaction may be recorded to assure both you and Metals Mint of the accuracy of your decision. If you ever believe that a transaction has been entered for your account that you have not authorized, or that a transaction you entered into has not been executed by Metals Mint, you must immediately notify Metals Mint’s Compliance Department by phone at (855) 360-4653 and immediately confirm such notification in writing to Metals Mint’s Compliance Department at 3900 Military Trail Ste 500, JUPITER, FL, 33458. Do not wait to see if market prices move advantageously or disadvantageously before notifying Metals Mint management.
If you believe that any representative of Metals Mint has made a verbal or written representation that is inconsistent with the terms or risks set forth in this Agreement (e.g., “At its current price, your metal can only go up in value.”) or is offensive or unprofessional in nature (e.g., high pressure or unresponsive to requests), notify Metals Mint’s Compliance Department immediately. If you fail to make the required notification by the tenth business day following the date on which the event first became known to you, you waive all rights to contest such order, matter or omission and your account will stand, as is, as of the end of such business day.
Metals Mint and its representatives earn income based upon the volume and type of transactions with customers. In the process of selling precious metals to, and buying precious metals from, you, you should assume that the interests of Metals Mint and its representatives conflict with your interests.
You must make the final decision as to whether You wish to enter into any particular transaction and should keep the foregoing in mind when making that decision. You are solely responsible for all purchasing and selling decisions for your account. Tax consequences of transactions with Metals Mint are Your sole responsibility, and you are responsible for any applicable sales, use or VAT tax.
You hereby warrant and represent that you are a sophisticated investor who understands that precious metals products can be purchased from and sold to competitors of Metals Mint and that you have the alternative of doing business with these Metals Mint competitors.
CAUTION: All investments, including coins and bullion, involve significant risk and are numerous economic factors affect this risk. We have no control over these factors or the risk You take when You purchase precious metals You alone are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all.
You should consult Your investment or financial advisor prior to purchasing/selling and fully assess whether You possess adequate savings and income prior to considering such an investment. You represent and warrant that You have sufficient experience and knowledge to make informed financial decisions and We are not making any recommendation with respect to such purchases and/or such sales.
19. 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 DISCLAIM 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 ARE A RETAIL PROVIDER AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. WE RESERVE THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
WE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THE WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF METALS MINT’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH Your INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, these implied warranty disclaimers may not apply to You.
20. Limitation of Liability
WE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR SALES PLACED VIA THE METALS MINT ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF USING OUR ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. WE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND OUR REASONABLE CONTROL. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE METALS MINT ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
21. Indemnity and Release
You agree to defend, indemnify and hold Metals Mint and its 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 that You make 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. Without limitation of the foregoing, You may not settle, compromise or in any other manner dispose of any claim without Our consent.
You are hereby agreeing to release Metals Mint and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
22. Relationship
The sole relationship between You and US is purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
23. No Waiver
If You fail to comply with Your duties and obligations to US, We reserve all rights and remedies available at law or in equity. No delay or failure on Our part in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Us of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. If You fail to comply with this Agreement, You expressly authorize and grant Us the right to charge Your credit card for any and all market losses We incur, including, without limitation, administrative fees that arise because You do not fulfill any order because of price and market fluctuations.
24. No Assignment
You may not assign this Agreement, including Your related rights and/or obligations, without Our express prior written consent. We have the absolute right to granted or withheld this consent. This Agreement shall be binding upon and inure to the benefit of any/all of Our permitted assignees and successors.
25. 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 and/or the Website’s control. WE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
26. Warranties, Representations, and Restrictions of Website Use
You affirm and warrant and acknowledge the following:
You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that You are a human individual that is eighteen (18) years of age or older. If You are under eighteen (18) years of age but at least thirteen (13) years of age, You must present this Agreement to Your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
The purchase of precious metals involves a high degree of risk and is not suitable for all persons. All of Your transactions with Metals Mint will be for investment or other commercial purposes and not for any personal, family or household purposes.
You will immediately notify Metals Mint’s Compliance Department, in writing, if any statement made to You by a Metals Mint representative is inconsistent with the risks and terms set forth in this Agreement.
You will not convey any discretionary authority concerning my account to Metals Mint or its representatives. This means that You are solely responsible for all buying and selling decisions for Your account. If You believe that a transaction has not been authorized by You, or has not been executed by Metals Mint as You directed, You will immediately notify Metals Mint’s Compliance Department. You waive all rights to contest such transaction or omission if You fail to make such notification within ten (10) business days after such event first becomes known to You.
There are numerous factors which affect precious metal prices and it is impossible to forecast accurately how or to what degree such factors will affect prices. You understand that You will lose money unless the value of the precious metals You purchase moves sufficiently in price to compensate You for commissions, bid/ask spreads, interest and any other applicable charges.
You have determined in my own mind that You are financially, intellectually and emotionally suitable to enter into the transactions which are the subject of this Agreement and able to accept the risks and to meet the financial commitments being made.
You understand there are no assurances or guarantees by Metals Mint or its representatives as to the future value of the precious metals You purchase.
Metals Mint may monitor and electronically record any conversations between me or my agents and Metals Mint, its employees, or agents.
Transactions subject to this Agreement are not subject to regulation by the Commodity Futures Trading Commission or the National Futures Association.
Metals Mint’s is not a fiduciary and does not owe its customers any fiduciary duty.
You authorize Metals Mint and its representatives to call You at any telephone number and to send e-mails to any e-mail address that You have provided to Metals Mint concerning matters regarding my account with Metals Mint and for promotional purposes. This authorization shall continue until such time as You notify Metals Mint’s in writing of the revocation of such authorization or of a change in its terms.
All risks of decline in the value of Your precious metals Yours and not those of Metals Mint.
You understand that You are agreeing to submit all disputes, claims and controversies arising out of, or relating to, Your transactions with Metals Mint or this Agreement to binding arbitration, which is a private dispute resolution procedure. You understand that by agreeing to arbitration, Your are also agreeing to pay any administrative fees and arbitrators fees according to the and to give up Your rights to a jury trial of any claims.
You warrant and represent that any and all information You provide to Us and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and You agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, You agree to comply with all laws and rules where You reside and where You use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In Your use of the Website and the products and/or services, You may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Metals Mint name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
27. Governing Law; Waiver of Jury Trial
This Agreement is governed in all respects by the laws of the State of Florida, without regard to conflict of law principles.
Any claim or dispute arising out of or relating to this Agreement or to any dealings You have with Metals Mint shall be resolved exclusively by binding arbitration before a single arbitrator in Miami-Dade County, Florida. The arbitration shall be administered by JAMS (under its rules) or the American Arbitration Association (under its rules). Either party may enforce any arbitration award in any court of competent jurisdiction.
Notwithstanding the arbitration provision in this Agreement, You hereby expressly waive Your right to a trial by jury in any proceeding or litigation brought against Us. For the sake of clarity, You understand and agree that if there is any dispute of claim between Us for any reason, an arbitrator or a judge will resolve all of the issues related to the claim or dispute. You understand that We would not enter into this Agreement unless this jury waiver clause were part of the Agreement.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
28. Severability
If any provision of this Agreement 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 provisions of this Agreement remain in full force and effect.
29. Entire Agreement
This Agreement constitutes the entire agreement between Us and governs Your use of the Website, superseding any prior agreements.
30. Integration
We incorporate Our Privacy Policy and Our Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from You will not bind Us.
31. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and We will not knowingly collect personally identifiable information from children under the age of eighteen (18). If We inadvertently collects such personally identifiable information, We will delete the personally identifiable information in accordance with Our security protocols.
32. Privacy
Use of this Website is subject to the terms of Our Privacy Policy, which is hereby incorporated into and made part of this Agreement. 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.