Last Updated: May 1, 2012
Please read this entire agreement carefully. These are the terms and conditions (“Agreement”) governing your use of this Web site (“Site”). BY USING AND/OR VIEWING THIS SITE YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ANY POLICIES THAT ARE REFERENCED HEREIN.
GoldBullion Exchange reserves the right to update, revise, supplement, and otherwise modify this Agreement or any policies that are referenced herein (“Additional Terms”) at any time in our sole discretion. Any such changes shall be effective immediately and notice thereof may be given by any reasonable means including by posting a new “Last Updated” version identifiable by the date at the top of this Agreement.
YOUR CONTINUED USE OR VIEWING OF THIS SITE FOLLOWING SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH ADDITIONAL TERMS. All Additional Terms are hereby incorporated into this Agreement by reference.
USE OF SITE
You agree not to make any false or fraudulent statements while using the Site or in order to gain access to the Site through registration. Except as may be explicitly permitted through this Site, you agree not to save, download, cut or paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, frame, adapt, edit, or create derivative works from materials, code or content on or from this Site or that is property of GoldBullion Exchange or any advertiser offering materials through the Site. Systematic retrieval of data or other content from this Site or of any party offering materials through this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from GoldBullion Exchange is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. This Agreement shall remain in effect after your use of the Site or business dealings with GoldBullion Exchange have ceased.
You agree that you shall not reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on the Site or received via this Site. You understand that such actions will subject you to serious civil and criminal legal penalties and that GoldBullion Exchange shall pursue such penalties to the fullest extent of the law.
GoldBullion Exchange hereby grants you, the User, a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement and as permitted per the instructions on this Site. You acknowledge and agree that all content and services available on this Site are property of the creator of the content and that they are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. All rights not expressly granted herein are fully reserved by GoldBullion Exchange.
NO LEGAL, TAX OR FINANCIAL ADVICE
The Site and content are not intended to and do not constitute legal, tax or financial advice. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Site. You should consult with your appropriate legal, financial or tax advisor regarding issues arising from the acquisition or disposition of precious metals, rare coins, rare currency and any financial investment. The information on this Site is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
TIMELINESS OF INFORMATION
All materials that are contained on the Site were, to the best of GoldBullion Exchange’s knowledge, timely and accurate when first presented. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. We have no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.
ACCURACY OF INFORMATION
The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for typographical, pricing, product information, advertising or other errors on the Site. Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements to the products and programs described on the Site at any time without notice.
MISCOMMUNICATIONS; LOST TRANSACTIONS
We are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. We are not responsible for any damages that may arise as a result of any orders you request or make on this Site which are not processed or accepted for any reason.
NO REPRESENTATIONS, WARRANTIES OR CONDITIONS
YOU EXPRESSLY AGREE THAT YOUR USE, VIEWING, AND ACCESSING OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS REFERENCED OR CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO WE WARRANT THAT ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. WE ALSO DO NOT WARRANT THAT ANY ERRORS OR OTHER DEFECTS WILL BE CORRECTED. ADDITIONALLY, WE DO NOT WARRANT THAT ANY INFORMATION AVAILABLE ON THIS SITE OR THROUGH THIS SITE IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THE SAME FROM JURISDICTIONS WHERE SUCH CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
If you reside outside of the United States, information published on this Site may refer to products or sites that are not available in your country.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOLDBULLION EXCHANGE AND GOLDBULLION EXCHANGE’S OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE IN ANY MANNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) WHICH IN ANY WAY ARISE OUT OF OR ARE IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE.
BASED ON THIS UNDERSTANDING AND AGREEMENT, YOU HEREBY RELEASE AND FOREVER DISCHARGE GOLDBULLION EXCHANGE AND GOLDBULLION EXCHANGE’S OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF GOLDBULLION EXCHANGE IN OPERATING THE SITE OR OTHERWISE.
LIMIT ON DAMAGES IN THE EVENT LIMITATION OF LIABILITY IS DEEMED UNENFORCEABLE OR INAPPLICABLE
TO THE EXTENT THE FOREGOING “LIMITATION OF LIABILITY” IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT, TORT OR OTHERWISE) WHICH IN ANY WAY ARISES OUT OF OR IS IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE, THEN THE AGGREGATE LIABILITY OF GOLDBULLION EXCHANGE AND THE PARTIES ENUMERATED IN THE FOREGOING “LIMITATION OF LIABILITY” SECTION SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100.00). This Section may not apply to you in the event your jurisdiction does not allow such a limitation.
YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY GOLDBULLION EXCHANGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, SUBSIDIARIES, PARENT COMPANY AND AFFILIATES, AND ANY RESPECTIVE SUCCESSORS AND ASSIGNS THEREOF FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES, DEFICIENCIES, EXPENSES, ACTIONS, SUITS, CLAIMS, PROCEEDINGS, DEMANDS, ASSESSMENTS, REASONABLE ATTORNEYS’ FEES AND/OR JUDGMENTS WHICH RELATE TO, ARISE OUT OF, OR ARE BASED UPON (1) YOUR USE OR ACCESS OF THIS SITE, (2) YOUR INABILITY TO USE OR ACCESS THIS SITE, (3) YOUR VIOLATION OF ANY TERMS AND CONDITIONS OF THIS AGREEMENT OR (4) ANY OTHER PERSON OR ENTITY USING YOUR PROPERTY WITH YOUR EXPRESS OR IMPLIED CONSENT WHO ACCESSES OR OTHERWISE USES THIS SITE.
WAIVER OF CLASS ACTION RIGHTS
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.
The material and content (including but not limited to text, graphics, images, audio, video, coding, applications and any other software) accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by GoldBullion Exchange (“Content”) is the proprietary information of GoldBullion Exchange or the party that provided the Content to GoldBullion Exchange, and GoldBullion Exchange or the party that provided the Content to GoldBullion Exchange retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of GoldBullion Exchange or the Content owner, except that you may print out a copy of the Content solely for your personal use. In so doing, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this Agreement violates GoldBullion Exchange's intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access or other use of this Site.
You agree that at no time shall you engage in spamming, junk mailing, phishing, or any other illegal activity while accessing or in connection with your accessing or viewing this Site, nor shall you at any time infringe upon GoldBullion Exchange’s copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights.
We will have the right to terminate your access to the Site if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Site and we may, in our discretion, cancel any outstanding product orders. If your access to the Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). This Agreement will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site.
GoldBullion Exchange may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, GoldBullion Exchange may disclose your identity and contact information, if requested by a government or law enforcement agency or as a result of a subpoena or other legal action, and GoldBullion Exchange shall not be liable for damages or results thereof and you agree not to bring any action or claim against GoldBullion Exchange for such disclosure.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
CHOICE OF LAW; JURISDICTION; FORUM
GoldBullion Exchange and you agree that any dispute, claim, or cause of action of any kind related to this Agreement shall be governed and interpreted by the laws of the State of California, United States of America (where GoldBullion Exchange maintains its principal place of business) and such laws shall apply without regard to principles of conflict of laws. GoldBullion Exchange and you agree that the appropriate court in Los Angeles County, California shall have exclusive jurisdiction and venue over any action brought to enforce any rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
HYPERLINKS TO THIRD PARTY WEB SITES; ADVERTISEMENTS
From time to time at our sole discretion, this Site may contain advertisements in banner form or otherwise, as well as hyperlinks (“links”) to other Internet sites that are owned and operated by third parties. Accordingly, GoldBullion Exchange has no specific prior review process or editorial control over the content of any third party sites to which you may be directed by clicking on a link or other advertisement. You understand that GoldBullion Exchange has no obligation to monitor the content of the advertisements, links, and any associated third party sites, nor are we responsible for the ensuring or fixing the accuracy, appropriateness, currency, completeness, defects, errors, safety, security, or quality of the same. Additionally, you understand that in no way is GoldBullion Exchange endorsing the third parties who own or operate any associated Sites or content. You further agree that in no way shall GoldBullion Exchange be responsible for any content, transactions, business dealings, expenses, liabilities, or other consequences you incur as a result of you clicking and thereby directing your Internet browser to any third party Web sites. As such, you understand that you do so at your own risk.
NO RELATIONSHIP OF PARTIES
You understand that your use or access of this Site in no way creates any relationship between the parties including that of agent or representative, principal or beneficiary or joint venturers.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement including its incorporated agreements constitutes the entire agreement between you and GoldBullion Exchange. This Agreement supersedes any and all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any Section, term, provision, covenant or restriction of this Agreement is determined by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the applicable language or provision shall be deemed severed from this Agreement and the remaining Sections, terms, provisions, covenants and restrictions shall remain in full force and effect.
The Section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
When interpreting this Agreement, words employing the singular tense also include the plural tense and vice-versa as required by context.
FOR CALIFORNIA USERS
BY USING OR VIEWING THIS SITE, YOU HEREBY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE §1542, WHICH STATES: “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”