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By using the website www.BULLIONTRADINGLLC.com and other services provided by Bullion Trading LLC including making purchases from BULLION TRADING LLC, making sales to BULLION TRADING LLC and placing orders with BULLION TRADING LLC, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the â€œUser Agreementâ€). 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 BULLION TRADING LLC you must read and accept all of the terms in the User Agreement. BULLION TRADING LLC strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available by hyperlink.
This User Agreement is effective on December 1, 2008, 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 purchases, sell to and order from BULLION TRADING LLC only in accordance with the Ordering Policy and Procedures.
Disclaimers. You are subject to the Disclaimers that have been made by BULLION TRADING LLC, which BULLION TRADING LLC 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 BULLION TRADING LLC.
In addition, you represent and warrant to BULLION TRADING LLC that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to BULLION TRADING LLC. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that BULLION TRADING LLC 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 BULLION TRADING LLC, and you expressly acknowledge that BULLION TRADING LLC 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., American Eagles or 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.
Indemnification. You shall indemnify and hold harmless BULLION TRADING LLC and its affiliates, directors, officers and shareholders (collectively, the â€œIndemnified Partiesâ€) from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneysâ€™ fees, that the Indemnified Parties may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to BULLION TRADING LLC or (b) your failure to comply with this User Agreement or the policies adopted by BULLION TRADING LLC.
Limitation of Liability. You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by BULLION TRADING LLC.
In the event that, notwithstanding such limitations of liability, BULLION TRADING LLC is determined to be liable to you in connection with any transaction between BULLION TRADING LLC and you pursuant to this User Agreement, the liability of BULLION TRADING LLC to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. BULLION TRADING LLC shall not, in any event, be liable for any consequential, exemplary or indirect damages.
By purchasing from, making sales to or ordering from BULLION TRADING LLC, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Termination. BULLION TRADING LLC may terminate this User Agreement, with or without cause, at any time by written notice. The termination of this User Agreement shall not affect the rights and the obligations of BULLION TRADING LLC 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 BULLION TRADING LLC, BULLION TRADING LLC shall have all of the rights and the remedies available to BULLION TRADING LLC, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, BULLION TRADING LLC may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of BULLION TRADING LLC 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 BULLION TRADING LLC 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 BULLION TRADING LLC, in the event of any failure by you to comply with this User Agreement, BULLION TRADING LLC may charge the credit card on which you have provided BULLION TRADING LLC including, without limitation, any and all market losses incurred by BULLION TRADING LLC, including cancellation fees, for accepting your orders to either buy from or sell to us as a result of price and market fluctuations which you did not fulfill. You expressly authorize BULLION TRADING LLC to charge your credit card for all of such amounts.
Payment to Bullion Trading LLC must be provided using a bank wire, certified check, cashiers check, money orders or personal check.
We recommend paying by the following methods:
If using a credit card you are agreeing to the following terms.
Our â€œMarket Loss Policyâ€.
As mentioned before, once we have issued a confirmation number, the price is locked in and the transaction may not be canceled, 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 canceled or returned. If that happens, that deficit 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 Bullion Trading LLC.
When selling to Bullion Trading LLC, the price will be locked in for you once we have issued a confirmation number. The transaction may not be canceled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices is your responsibility if we do not receive your items. 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 Bullion Trading LLC. We reserve the right to refuse an order when the confirmed price is incorrect, due to computer-related problems, pricing error, incorrect item descriptions or sudden movements in the precious metals market. Furthermore, we reserve the right to refuse or cancel any order deemed questionable, suspicious, or of significant risk to Bullion Trading LLC.
In addition to the other rights and remedies available to BULLION TRADING LLC, BULLION TRADING LLC may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to BULLION TRADING LLC and may offset any monetary obligations that BULLION TRADING LLC has to you against your monetary obligations to BULLION TRADING LLC. BULLION TRADING LLC 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 BULLION TRADING LLC in such manner as BULLION TRADING LLC determines to be appropriate.
Absence of Relationship. The sole relationship between BULLION TRADING LLC 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 BULLION TRADING LLC 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 BULLION TRADING LLC, which may be granted or withheld by BULLION TRADING LLC in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of BULLION TRADING LLC and you.
Costs and Expenses of Collection. In the event that BULLION TRADING LLC 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 BULLION TRADING LLC, including, without limitation, reasonable attorneysâ€™ fees, in connection with such action.
Dispute Resolution. It is the common goal of BULLION TRADING LLC and you that any disagreement or dispute between BULLION TRADING LLC and you be resolved expeditiously. BULLION TRADING LLC and you agree that all disagreements and disputes between BULLION TRADING LLC and you be resolved in accordance with the following paragraphs:
Forum Selection. The federal and state courts located in the City and State of New York, 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. Further, you agree that legal process may be served by certified or registered mail, return receipt requested, in addition to methods of service prescribed by applicable statutes.
Governing Law. This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of New York, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH BULLION TRADING LLC AND YOU HEREBY WAIVE THEIR 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 BULLION TRADING LLC and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure. If BULLION TRADING LLC cannot perform any obligation hereunder as a result of any event that is beyond its control, BULLION TRADING LLCâ€™s delay or failure to perform such obligation shall be excused and BULLION TRADING LLC 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 BULLION TRADING LLC to carry out this User Agreement.
Notices. Except as otherwise provided in this User Agreement, all notices and other communications to BULLION TRADING LLC shall be directed to it at 1156 Sixth Avenue, 8th Floor, New York, NY 10036, and all notices and other communications to you shall be directed, at the option of BULLION TRADING LLC, to the address that you provided to BULLION TRADING LLC at the time of your registration or to the email address that you provided to BULLION TRADING LLC at the time of your registration.
Recording of Phone Conversations. BULLION TRADING LLC may record phone conversations between BULLION TRADING LLC and you. You consent to the recording of such phone conversations.
Absence of Waivers. A decision or a failure by BULLION TRADING LLC to take action with respect to any non-compliance with this User Agreement does not affect the ability of BULLION TRADING LLC with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.