Investing involves risks and may not be suitable for everyone, you are urged to consult with your own financial advisors before making a decision. Past performance is not necessarily indicative of future results. Investing in precious metals 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 taking any decisions that may affect your financial situation. Gold & Silver, Inc. (GoldSilver.com) makes no recommendations, projections, representations, or guarantees with respect to future price(s), or performance, of precious metals. Precious metals are not FDIC insured and may lose value.
Companies, products, services, newsletters, and websites referred to by, or in any communications from, GoldSilver.com, are for educational, informational, and entertainment purposes only. Gold & Silver, Inc. (GoldSilver.com) 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.com is not an endorsement or recommendation of any company or product and no representation is made, or advice given, regarding the advisability of purchasing products from, 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 and obtain professional advice before making any investment decision.
User Agreement
Before you may place orders to purchase and/or to sell with Gold & Silver, Inc. (GoldSilver.com) you must read and accept all of the terms in this User Agreement. By using the website GoldSilver.com and other services provided by Gold & Silver, Inc. (GoldSilver.com), including making purchases, making sales to, and placing orders with Gold & Silver, Inc. (GoldSilver.com), you are agreeing to the following terms, including, but without limitation to, the terms and conditions available by hyperlink, the terms and conditions on the various pages (steps) of the ordering/sales and/or sellback process, and the terms and conditions set forth on any other pages of this website. These terms apply to all orders, purchases and sales, whether made through the website, telephone, email, or otherwise.
Gold & Silver, Inc. (GoldSilver.com) may, from time to time, adopt other policies, procedures, terms, and conditions in connection with the website and your use of the website, as well as purchases from, and sales to, Gold & Silver, Inc. (GoldSilver.com). All of these policies may be amended or terminated, at any time and from time to time, by Gold & Silver, Inc. (GoldSilver.com) and such amendments and such terminations will take effect when posted on the website.
By purchasing from, making sales to or ordering from Gold & Silver, Inc. (GoldSilver.com), whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
In addition, you represent and warrant to Gold & Silver, Inc. (GoldSilver.com) that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Gold & Silver, Inc. (GoldSilver.com). You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Gold & Silver, Inc. (GoldSilver.com) is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Gold & Silver, Inc. (GoldSilver.com), and you expressly acknowledge that Gold & Silver, Inc. (GoldSilver.com) is not liable or responsible for those risks, for which you have sole responsibility. 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 but not limited to, technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Market Loss Policy
When purchasing from, or selling to, Gold & Silver, Inc. (GoldSilver.com), once the price(s) is/are locked in for you, you and Gold & Silver, Inc. (GoldSilver.com) have created a binding agreement and you cannot cancel the transaction. You may, however, contact Gold & Silver, Inc. (GoldSilver.com) and make a request that Gold & Silver, Inc. (GoldSilver.com) cancel your transaction. Gold & Silver, Inc. (GoldSilver.com) may, at its sole discretion, cancel your transaction, either, at your request, or for any other reason that Gold & Silver, Inc. (GoldSilver.com) deems appropriate, including, but not limited to, your failure to comply with this User Agreement, and/or your obligation to make payment to, or deliver products to, Gold & Silver, Inc. (GoldSilver.com). Cancellation, whether at your request or at the discretion of Gold & Silver, Inc. (GoldSilver.com), is completed by placing an offsetting transaction. The product(s), which was/were purchased from the market by Gold & Silver, Inc. (GoldSilver.com), on your behalf, at the time of your initial purchase from Gold & Silver, Inc. (GoldSilver.com), will be sold back into the market, or, the product(s) which, was/were sold into the market by Gold & Silver, Inc. (GoldSilver.com), on your behalf, at the time of your initial sale to Gold & Silver, Inc. (GoldSilver.com), will be purchased back from the market, at the time of cancellation, to complete the offsetting transaction.
You hereby acknowledge that, in the case of cancellation(s), the losses which Gold & Silver, Inc. (GoldSilver.com) may sustain, include, but are not necessarily limited to, any change in market price(s) since the time the original transaction vs. the market price(s) at the time of the offsetting transaction, plus the bid/ask spread (the difference between the price(s) at which Gold & Silver, Inc. (GoldSilver.com) buys from the market (ask) and the price(s) at which Gold & Silver, Inc. (GoldSilver.com) sells into the market (bid)). Any deficit between the price(s) at which we sold or purchased the product(s) to or from you and the offsetting purchase or sale price(s), is your responsibility. That amount will be charged to your credit card, plus a $50.00 cancellation fee, at the time of cancellation. Any market gain on cancellations shall remain the sole property of Gold & Silver, Inc. (GoldSilver.com).
Default; Rights and Remedies
In the event of any failure by you to comply with this User Agreement, and or your obligation to make payment to, or deliver products to, Gold & Silver, Inc. (GoldSilver.com), Gold & Silver, Inc. (GoldSilver.com) may charge the credit card, which you have provided to Gold & Silver, Inc. (GoldSilver.com), any charges including, but not limited to, and without any other limitations, any and all market losses incurred by Gold & Silver, Inc. (GoldSilver.com) including, but not limited to, cancellation fees for accepting your orders to either buy from, or sell to, us, for which you did not fulfill your obligation(s) to make payment to, or deliver products to Gold & Silver, Inc. (GoldSilver.com). You expressly authorize Gold & Silver, Inc. (GoldSilver.com) to charge your credit card for all such amounts.
Gold & Silver, Inc. (GoldSilver.com) may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Gold & Silver, Inc. (GoldSilver.com) and may offset any monetary obligations that Gold & Silver, Inc. (GoldSilver.com) has to you against your monetary obligations to Gold & Silver, Inc. (GoldSilver.com). Gold & Silver, Inc. (GoldSilver.com) may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Gold & Silver, Inc. (GoldSilver.com) in such manner as Gold & Silver, Inc. (GoldSilver.com) determines to be appropriate.
In addition, in the event of any failure by you to comply with this User Agreement, Gold & Silver, Inc. (GoldSilver.com) may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
Further, Gold & Silver, Inc. (GoldSilver.com) shall have all of the rights and the remedies available to Gold & Silver, Inc. (GoldSilver.com), whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Gold & Silver, Inc. (GoldSilver.com) may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Gold & Silver, Inc. (GoldSilver.com) in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Gold & Silver, Inc. (GoldSilver.com) of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
Costs and Expenses of Collection
In the event that Gold Silver must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Gold Silver , including, without limitation, reasonable attorneys’ fees, in connection with such action.
Electronic Order Entry Risk
All orders placed through the order entry system are taken on a best efforts basis. Gold & Silver, Inc. (GoldSilver.com) shall not be responsible for errors, negligence or inability to execute orders. Nor shall Gold & Silver, Inc. (GoldSilver.com) be responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Gold & Silver, Inc. (GoldSilver.com) reasonable control or anticipation.
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. The customer acknowledges that the order entry system is an electronic and mechanical system and as such may be subject to failure beyond the control of Gold & Silver, Inc. (GoldSilver.com).
Limitation of Liability
Gold & Silver, Inc. (GoldSilver.com) assumes no liability or responsibility for orders placed via the GoldSilver.com online order entry system, for any losses or direct, indirect, consequential or incidental damages which you may incur as a result of the use of the GoldSilver.com online order entry system or for any interruption, cancellation or other termination of the GoldSilver.com online order entry system.
In the event that, notwithstanding such limitations of liability, Gold & Silver, Inc. (GoldSilver.com) is determined to be liable to you in connection with any transaction between Gold & Silver, Inc. (GoldSilver.com) and you, pursuant to this User Agreement, the liability of Gold & Silver, Inc. (GoldSilver.com) to you shall be limited to the amount, if any, that you paid in such transaction and Gold & Silver, Inc. (GoldSilver.com) shall not be liable for any consequential, exemplary or indirect damages.
Gold & Silver, Inc. (GoldSilver.com) will not be liable for any loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, email correspondence, website, or any other communication from Gold & Silver, Inc. (GoldSilver.com), and will incur no liability for any errors, omissions of such communications.
Gold & Silver, Inc. (GoldSilver.com) 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 no event will Gold & Silver, Inc. (GoldSilver.com) be held liable for any indirect, special, incidental or consequential damages arising out of the use of the information contained on our website or in any publication.
Absence of Relationship
The sole relationship between Gold & Silver, Inc. (GoldSilver.com) and you is a 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 Gold & Silver, Inc. (GoldSilver.com) and you exists.
Assignment
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Gold & Silver, Inc. (GoldSilver.com), which may be granted or withheld by Gold & Silver, Inc. (GoldSilver.com) in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Gold & Silver, Inc. (GoldSilver.com) and you.
Dispute Resolution
It is the common goal of Gold & Silver, Inc. (GoldSilver.com) and you that any disagreement or dispute between Gold & Silver, Inc. (GoldSilver.com) and you be resolved expeditiously. Gold & Silver, Inc. (GoldSilver.com) and you agree that all disagreements and disputes between Gold & Silver, Inc. (GoldSilver.com) and you be resolved in accordance with the following paragraphs:
Forum Selection
The federal and state courts located in Douglas County, Nevada shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Nevada, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration
Both Gold & Silver, Inc. (GoldSilver.com) and you waive the right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this user agreement and/or any transactions between you and Gold & Silver, Inc. (GoldSilver.com).
Force Majeure
If Gold & Silver, Inc. (GoldSilver.com) cannot perform any obligation hereunder as a result of any event that is beyond its control, including, but not limited to, government intervention or regulation, military activity, strikes, terrorism, or any other circumstances that may cause Gold & Silver, Inc's. (GoldSilver.com's) delay or failure to perform such obligation shall be excused and Gold & Silver, Inc. (GoldSilver.com) shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Gold & Silver, Inc. (GoldSilver.com) to carry out this User Agreement.
Companies, products, services, newsletters, and websites referred to by, or in any communications from, GoldSilver.com, are for educational, informational, and entertainment purposes only. Gold & Silver, Inc. (GoldSilver.com) 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.com is not an endorsement or recommendation of any company or product and no representation is made, or advice given, regarding the advisability of purchasing products from, 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 and obtain professional advice before making any investment decision.
Termination
Either Gold Silver or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Gold Silver and you with respect to the period prior to the termination.
Gold & Silver, Inc.
