This User Agreement (“Agreement”) serves as a reference guide to provide the Customer (“You”) with a concise and comprehensive understanding of the policies and procedures for purchasing, selling and storing precious metals with Silver & Gold, Inc. dba GoldSilver.com (“GoldSilver”) via the website, telephone or e-mail. Before placing an order to purchase from or sale to GoldSilver, you first must create an online account. You must then read and accept all of the terms and conditions set forth in this Agreement, including, without limitation, the terms and conditions provided in hyperlink.

1.PURCHASING FROM GOLDSILVER

You may purchase precious metals from GoldSilver as an individual, using U.S. dollars or with an IRA Custodian (“Custodian”) account. All individual purchases are transacted via GoldSilver.com. All IRA purchases are transacted by telephone and e-mail.

2.SELLING TO GOLDSILVER

All sales to GoldSilver are transacted by telephone or e-mail. All sales are final and cannot be canceled. A sale is final when the price and type of precious metal(s) have been locked-in. GoldSilver will provide payment within 72 business hours from the date of delivery. Domestic payments will be mailed within 72 business hours for precious metal(s) sold for less than $50,000. Domestic wire transfer payments will be processed within 72 business hours for precious metals sold for $50,000 or greater. All international payments will be made by bank wire transfer within 72 business hours.

3.STORAGE

At your request, GoldSilver will provide storage for your precious metals with a depository selected by GoldSilver. You must first read and agree to the terms and conditions set forth in GoldSilver’s Third Party Storage Agreement. In the event GoldSilver needs to change depositories, you will be notified of the new depository location within 30 business days.

4.MARKET LOSS POLICY

Upon securing a purchase or sell price and the type of precious metal(s) to be shipped, your order is deemed binding and cannot be canceled. However, should you fail to meet your obligation of the Agreement; GoldSilver may redeem the precious metals at the current market price, and any additional charges arising as a result of the redemption, including a Redemption Fee of $200.00. As such, you authorize GoldSilver to deduct from your credit/debit the costs for any losses it may incur as a result of the redemption. Any market gains at the time of redemption shall remain the sole property of GoldSilver.

5.COSTS AND EXPENSES OF COLLECTION

In the event that GoldSilver must take any legal action against you to enforce your obligations under this Agreement, including the submission of your account to a collection agency or attorney, you agree to pay all of the costs and expenses incurred by GoldSilver, including all attorneys’ fees.

6.RIGHTS AND REMEDIES

Upon your failure to comply with your obligations to GoldSilver, GoldSilver shall exercise all of its rights and remedies available, whether at law, in equity or otherwise, as set forth in this Agreement. Without limiting its rights and remedies, GoldSilver may, at its sole discretion, suspend, terminate or turn your account over to a collection agency or an attorney for appropriate legal action. GoldSilver may also charge your credit or debit card to cover any market losses it incurred as a result of your non-compliance. Therefore, you authorize GoldSilver to charge your credit or debit card for such amount(s) arising from your non-compliance to this Agreement.

Any delay or failure on the part of GoldSilver in exercising its right or remedy shall not constitute a waiver of that right or remedy and no single or partial exercise by GoldSilver of any right or remedy shall preclude other or further exercise of that right or remedy or the exercise of any other right or remedy.

7.PAYMENT

All sales are final.  They are not cancelable, refundable or returnable.  The full amount of the order must be paid within 48 business hours.  However, if your payment is not received within 5 business days of the order date, GoldSilver shall retain your initial payment and charge your credit or debit card for any additional charges arising there from, including any redemption fee and market losses.

8.ELECTRONIC ORDER RISKS

Order entry systems have been designed to provide an efficient and dependable method for entering orders.  Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry.  You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of GoldSilver. Therefore, GoldSilver shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond GoldSilver’s reasonable control or anticipation.

9.INDEMNIFICATION

You shall indemnify and hold harmless GoldSilver and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (i) any breach of any representation or warranty made by you to GoldSilver or (ii) your failure to comply with this User Agreement or the policies adopted by GoldSilver.

10.EXPORT COMPLIANCE

Every product that GoldSilver sells is subject to all U.S export laws. No products may be exported to a national or resident of any country to which the U.S has embargoed goods. Additionally, no products may be exported to anyone on the U.S Department of the Treasury’s Office of Foreign Asset Control’s list of Specially Designated Nationals or the U.S Commerce Department Bureau of Industry and Security’s Table of Denial Orders.

11.FIDUCIARY DUTY

There is no fiduciary duty between you and GoldSilver. The sole relationship between you and GoldSilver is purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between you and GoldSilver.

12.FORCE MAJEURE

If GoldSilver cannot perform any obligation hereunder as a result of any event that is beyond its control, GoldSilver’s delay or failure to perform such obligation shall be excused and GoldSilver shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

13.ASSIGNMENT

You may not assign this Agreement or any of your rights or your obligations under this Agreement without the prior written consent of GoldSilver, which may be granted or withheld by GoldSilver in its sole discretion. This Agreement shall be binding on all permitted assigns and successors of you and GoldSilver.

14.GOVERNING LAW

This Agreement shall be governed by, and interpreted in accordance with the laws of the State of California, without regard to conflict of laws or principles.

15.DISPUTE RESOLUTION

It is the goal of GoldSilver to resolve any disagreement or dispute expeditiously. Therefore, you and GoldSilver hereby agree that all disagreements and disputes are to be resolved by the Judicial Arbitration and Mediation Services, Inc. (JAMS) in accordance with the JAMS Commercial Arbitration Rules in Los Angeles, California.

16.ARBITRATION; WAIVER OF JURY TRIAL

You and GoldSilver agree that any disagreement or dispute between you and GoldSilver shall be settled by arbitration conducted in the State of California, County of Los Angeles. You and GoldSilver further agree to waive your right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with the Agreement. 

17.SEVERABILITY

This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any terms of this Agreement are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement and the terms that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

18.LIMITED LIABILITY

GoldSilver assumes no liability or responsibility for orders placed on GoldSilver.com.  GoldSilver will not be liable for any loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, or any other communication from GoldSilver. Moreover, GoldSilver will not incur liability for errors or omissions of such communication.

However, if it is determined that GoldSilver is liable to you in connection with any transaction pursuant to this Agreement, the liability to GoldSilver shall be limited to the amount you paid in such transaction and GoldSilver shall not be liable for any consequential, exemplary or indirect damages.

GoldSilver reserves the right to modify any product or service information contained on our website or in any publication without notifying current or prospective subscribers or customers.  In noevent shall GoldSilver be held liable for any indirect, special, incidental or consequential damages arising from the use of the information contained on our website or in any publication.

19.INTELLECTUAL PROPERTY RIGHTS

All content contained on GoldSilver.com (“Website”) such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software (collectively, “Content”), is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by the United States trademark and copyright laws. All software used on the Website is our property or the property of our software suppliers and protected by United States trademark copyright laws.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (“Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

20.PRIVACY POLICY

GoldSilver respects your right to privacy. Therefore, GoldSilver, will not sell, share or exchange your information with any third party, without your consent or approval.  All personal information is maintained in the utmost care and strictest confidence to avoid any misuse or alteration.

21.FURTHER ASSURANCES

GoldSilver is a precious metals dealer and publisher of information pertaining to monetary history, the global economy and the precious metals sector and is not a registered investment advisor or stock broker/dealer. Any information appearing on this website or in any other publication by GoldSilver is not an endorsement or recommendation of any company or product and no presentation is made, or advice given regarding the advisability of purchasing products from or investing in any company, product, service, newsletter and website, or purchasing or selling any security of any company.  Site users should always conduct their own research and due diligence to obtain professional advice before making any investment decisions.  Companies, products, services, newsletters and websites referred to by, or in any communication from GoldSilver are for educational, informational and entertainment purposes only.

22.AMENDMENT

GoldSilver may amend this User Agreement at any time by posting the amended terms on the website. The Amended terms will become effective immediately upon posting, except as otherwise provided in this Agreement.

23.ACKNOWLEDGEMENT OF RISK

GoldSilver.com acknowledges that investing involves risks and may not be suitable for everyone. You are therefore urged to consult with your own financial advisors before making a decision. Past performance is not necessarily indicative of future results. Investing in precious metal(s) often involves a degree of risk that makes them unsuitable for certain individuals.  You should carefully consider the suitability of precious metals as a personal investment choice before making any decisions that may affect your financial situation. GoldSilver.com makes no recommendations, projections, representations, or guarantees with respect to future prices, or performance of precious metals. Precious metals are not FDIC insured and may lose value.

24.REPRESENTATIONS AND WARRANTIES

You represent and warrant to GoldSilver that you have sufficient experience and knowledge to make informed decisions to purchase from or sell to GoldSilver. You acknowledge that you are making all of your own decisions in connection with purchases or sales and that GoldSilver is not making any recommendation with respect to such purchases or sales. You also acknowledge that you are subject to a variety of risks, which risks are beyond the control of GoldSilver, and you also acknowledge that GoldSilver is not liable or responsible for those risks. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.

25.DISCLAIMER

GoldSilver.com guarantees the quality and condition of all its precious metals. GoldSilver.com does not, however, make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its precious metals with respect to future prices.

26.TERMINATION

You or GoldSilver may terminate this Agreement, with or without cause, at any time by written notice to the other party. The termination shall not affect the rights or obligations of you and GoldSilver with respect to the period prior to termination.