USER AGREEMENT
By using the website www.trustedbullion.com and other services provided by Trusted Bullion, including making purchases from Trusted Bullion, making sales to Trusted Bullion and placing orders with Trusted Bullion, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with Trusted Bullion you must read and accept all of the terms in the User Agreement. Trusted Bullion strongly encourages you, as you read this User Agreement, to access and to read carefully the Policy and Procedures available by hyperlink.
This User Agreement is effective on August 1st, 2010, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales, and Orders
You may make order from Trusted Bullion only in accordance with the Policy and Procedures.
Disclaimers
You are subject to the Disclaimers (Available by hyperlink) that have been made by Trusted Bullion, which Trusted Bullion encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Trusted Bullion.
In addition, you represent and warrant to Trusted Bullion that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Trusted Bullion. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Trusted Bullion 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 Trusted Bullion, and you expressly acknowledge that Trusted Bullion 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 technological or other disruptions), you may not be able to liquidate the purchased products, or liquidate the purchased products at prices acceptable to you.
Risks
All investments involve risk. Coins and bullion are no exception. The value of a bullion coin (e.g., United States Mint American Eagles or Royal Canadian Mint Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Banking Risks
Trusted Bullion is a company which sells its own bullion and brokers bullion between its partners and suppliers and its customers. Trusted Bullion maintains a bank account with USBank, which is a national bank of the United States of America insured by the Federal Deposit Insurance Corporation (the "FDIC"). In its sole and absolute discretion, Trusted Bullion may elect to move its bank account to another bank which is a member of the FDIC. However, circumstances may arise due to economic forces outside the control of Trusted Bullion or USBank (or such other replacement bank), which may cause bank holidays, shut downs, bank runs or other disruptions to the banking system. In such events, Trusted Bullion will make every effort to recover customer funds, including filing insurance claims with the FDIC.
In addition, Trusted Bullion, in certain circumstances, may be required by our suppliers or partners to advance your funds in order to complete your order. Unforeseen circumstances may arise due to economic forces outside the control of Trusted Bullion, its partners and suppliers or their respective banks, which may cause shut downs or other disruptions to such partners or suppliers, resulting in the loss of any such advanced funds, or which may cause bank holidays, shut downs, bank runs or other disruptions to the banking system with respect to the banks of our partners or suppliers. Trusted Bullion will take commercially reasonable actions to enforce its rights and cause the return of such money, including requesting that its partners or suppliers file any necessary claims with their banks, as applicable.
Customers agree that the recovery of such funds or insurance proceeds from USBank (or such replacement bank) or that Trusted Bullion's commercially reasonable actions with respect to its partners and suppliers, as the case may be, is the sole remedy for the Customer and that Trusted Bullion shall have the right to pursue such recovery. The Customer agrees to cooperate with Trusted Bullion in pursuing such recovery. Notwithstanding the foregoing, Trusted Bullion cannot and does not guarantee customer deposits or advanced funds during such events and the customer assumes all liability and risk associated with such process, wire transfers, advancement of funds and banking disruptions. Customers agree to hold harmless Trusted Bullion, and any of its members, representatives, employees, agents partners or suppliers, for any such losses or damages related to any such disruption described in this paragraph, unless such losses or damages are solely the result of the gross negligence of Trusted Bullion.
Indemnification
You shall indemnify and hold harmless Trusted Bullion 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, (a) any breach of any representation or warranty made by you to Trusted Bullion or (b) your failure to comply with this User Agreement or the policies adopted by Trusted Bullion.
Limitation of Liability
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Trusted Bullion.
In the event that, notwithstanding such limitations of liability, Trusted Bullion is determined to be liable to you in connection with any transaction between Trusted Bullion and you pursuant to this User Agreement, the liability of Trusted Bullion to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Trusted Bullion shall not, in any event, be liable for any consequential, exemplary, punitive or indirect damages (including, without limitation, lost profits).
Privacy
Trusted Bullion has adopted the Privacy Policy, (Available by Hyperlink) which you are encouraged to access and to read carefully.
Other Policies
Trusted Bullion has adopted the Disclaimer, the Ordering Policy and Procedures and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Trusted Bullion. All of these policies may be amended or terminated, at any time and from time to time, by Trusted Bullion and such amendments and such terminations will take effect when posted on Trusted Bullion's website www.Trusted Bullion.com.
By purchasing from, making sales to or ordering from Trusted Bullion, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Export Compliance
Every product that Trusted Bullion sells is subject to all United States export laws. No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported 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.
Anti-money Laundering
Trusted Bullion supports, and uses all of its commercially reasonable efforts to comply with the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (the "USA Patriot Act"). As a dealer and broker in precious metals, Trusted Bullion uses its commercially reasonable efforts to only source its customers' precious metals from dealers that comply with the USA Patriot Act. Additionally, Trusted Bullion has an express policy against aiding and abetting in the act of money laundering or facilitating any illegal acts governed by the USA Patriot Act or otherwise. By agreeing to Trusted Bullion's terms and conditions and consummating a transaction with Trusted Bullion, each customer hereby represents and warrants to Trusted Bullion that (i) the customer is in compliance with the USA Patriot Act, (ii) none of the funds being used to consummate the transaction were derived from or related or connected to money-laundering, terrorism or any other illegal or illicit activity and (iii) the transaction is not a scheme, or part of a scheme, involving or in support of terrorism, money-laundering or any other illegal or illicit activity. Trusted Bullion, at all times, reserves the right to require the customer to provide supporting information and documentation in support of the preceding representations and warranties or to ensure compliance with the USA Patriot Act.
Termination
Trusted Bullion may terminate this User Agreement, with or without cause, at any time by written notice to you. The termination of this User Agreement shall not affect the rights and the obligations of Trusted Bullion and you with respect to the period prior to the termination.
Default; Rights and Remedies
Upon any failure by you to comply with your obligations to Trusted Bullion, Trusted Bullion shall have all of the rights and the remedies available to Trusted Bullion, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Trusted Bullion may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Trusted Bullion 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 Trusted Bullion 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.
In addition to the other rights and the other remedies available to Trusted Bullion, in the event of any failure by you to comply with this User Agreement, Trusted Bullion may charge the credit card on which you have provided Trusted Bullion including, without limitation, (i) any and all market losses incurred by Trusted Bullion and (ii) any and all cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize Trusted Bullion to charge your credit card for all of such amounts.
Our “Market Loss Policy”
When purchasing from Trusted Bullion, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Trusted Bullion.
In addition to the other rights and remedies available to Trusted Bullion, in the event of any failure by you to comply with this User Agreement, Trusted Bullion 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 Policy and Procedures.
In addition to the other rights and remedies available to Trusted Bullion, Trusted Bullion may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Trusted Bullion and may offset any monetary obligations that Trusted Bullion has to you against your monetary obligations to Trusted Bullion. Trusted Bullion 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 Trusted Bullion in such manner as Trusted Bullion determines to be appropriate.
Absence of Relationship
The sole relationship between Trusted Bullion 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 Trusted Bullion 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 Trusted Bullion, which may be granted or withheld by Trusted Bullion in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Trusted Bullion and you.
Costs and Expenses of Collection
In the event that Trusted Bullion 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 Trusted Bullion, including, without limitation, reasonable attorneys’ fees, in connection with such action.
Dispute Resolution
It is the common goal of Trusted Bullion and you that any disagreement or dispute between Trusted Bullion and you be resolved expeditiously. Trusted Bullion and you agree that all disagreements and disputes between Trusted Bullion and you be resolved in accordance with the following paragraphs:
Forum Selection
The federal and state courts located in or around Dayton, Ohio, USA, shall have exclusive personal and subject matter 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 and venue of such federal and state courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.
Governing Law
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Ohio, without regard to its conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH Trusted Bullion AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Trusted Bullion and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure
If Trusted Bullion cannot perform any obligation hereunder as a result of any event that is beyond its control, Trusted Bullion’s delay or failure to perform such obligation shall be excused and Trusted Bullion 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 Trusted Bullion to carry out this User Agreement.
Notices
Except as otherwise provided in this User Agreement, all notices and other communications to Trusted Bullion shall be directed to the registered agent of National Silver LLC (dba Trusted Bullion) in the State of Ohio and all notices and other communications to you shall be directed, at the option of Trusted Bullion, to the address that you provided to Trusted Bullion at the time of your registration or to the email address that you provided to Trusted Bullion at the time of your registration.
Recording of Phone Conversations
Trusted Bullion may record phone conversations between Trusted Bullion and you. You consent to the recording of such phone conversations.
Absence of Waivers
A decision or a failure by Trusted Bullion to take action with respect to any non-compliance with this User Agreement does not affect the ability of Trusted Bullion with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
Section Headings
The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
Severability
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment
Trusted Bullion may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website. Does this contradict first paragraph under Other Policies above.
Except as set forth herein, this User Agreement may not be amended except by written agreement between Trusted Bullion and you.
Entire Agreement
This User Agreement sets forth the entire understanding between Trusted Bullion and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Trusted Bullion at 1-888-345-9126.
