Sales Transaction and Website User Agreement

READ THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE CONTINUING OR USING TEXAS BULLION EXCHANGE’S PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE TEXAS BULLION EXCHANGE’S WEBSITE, PRODUCTS, OR SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND/OR YOUR CONTINUED USE OF THE WEBSITE OR SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND OUR PRIVACY POLICY. Acceptance Of The Terms This Website Terms and User Agreement is a binding contract between You and Texas Bullion Exchange, Incorporated (“Texas Bullion Exchange", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms"), govern Your access to and use of Texas Bullion Exchange’s website located at www.texasbullion.com and related websites, including any content, functionality and services offered on or through sister sites (collectively, the “Website”). For purposes of these Terms, “You” means you and the entity you represent and also refers to any person accessing the Website by any method on your behalf. In order to use the Website, You must be (1) 18 or older, (2) lawfully able to enter into contracts and have legal authority to bind the person or organization You represent, and (3) a resident of the United States. You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, or You do not agree with some or all of the terms and conditions specified herein, you should not access or utilize Texas Bullion Exchange’s website or Services. Changes To The Terms We may update or change these Terms from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by Texas Bullion Exchange, in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. Accessing The Website Generally You may access and use the Website for Your own internal, non-commercial use. Texas Bullion Exchange reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part to the Website. Texas Bullion Exchange further reserves the right to impose registration, password, and other security precautions on access to and use of the Website. Website has been published only for lawful permanent residents of the United States. Unless otherwise specified, the Website has been published only for lawful permanent residents of the United States. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Texas Bullion Exchange or any of its affiliates, services or products to any registration requirement within such jurisdiction or country. Unless otherwise specified, services and products described or mentioned on the Website are made available only to persons lawfully residing in the United States, and the information on the Website is only for such persons. Texas Bullion Exchange does not claim that the services or products described or mentioned on the Website are available in any particular jurisdiction. If you choose to access the Website from a location other than the United States, you do so at your own initiative, and you are responsible for compliance with any applicable local laws or regulatory requirements. Prohibited Uses You agree that You will not: Use the Website in any way that is unlawful or contrary to these Terms; Take any action that could disable, overburden, damage, or impair the Website or interfere with the proper working or content of the Website or with anyone else’s use or enjoyment of the Website; Use the Website to engage in any other conduct that, as determined by us, may harm Texas Bullion Exchange or users of the Website or expose them to liability; Directly or indirectly, change, recompile, reframe, rent, sell, license, distribute, or publish any of the Website, any database thereon, and/or any content thereon, or any portion thereof; Use the Website to impersonate or attempt to impersonate Texas Bullion Exchange, a Texas Bullion Exchange employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by Texas Bullion Exchange; Use any data mining, robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or Attempt to gain unauthorized access to any parts of the Website, the server on which the Website is stored, or any server, computer, database, or network associated with the Website or Texas Bullion Exchange. Rights You Grant To Texas Bullion Exchange You grant to Texas Bullion Exchange a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual, and worldwide license to the responses, reports, and other information inputted or generated in connection with Your use of our site. Texas Bullion Exchange may use this information to derive statistical and other data related to improving the site, services, to provide analytics and measurements to our partners and the public, and to conduct and support research on and discussion of topics of diversity, equity, and inclusion. You will not be named or otherwise specifically identified in any reports generated and made available to third parties. Texas Bullion Exchange shall own all right, title, and interest in the anonymized and/or aggregated data derived from the information inputted or generated in connection with Your use of the site. You acknowledge that, if You provide any suggestions, requests, ideas, or feedback (the “Feedback”) to Texas Bullion Exchange in connection with the Website, Texas Bullion Exchange owns all right, title, and interest in the Feedback without restriction and without payment to You. Reliance On Information Provided The information presented on or through the Website is made available solely for educational and informational purposes. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents or results. The Website may include content, or links to content, provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Texas Bullion Exchange, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Texas Bullion Exchange. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties. Intellectual Property Rights The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Texas Bullion Exchange, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree that You will not take any action that would infringe, misappropriate, or violate Texas Bullion Exchange’s intellectual property interests and that You will comply with the intellectual property provisions of these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Website. You must not modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If You use or provide any other person with access to any part of the Website in breach of the Terms, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Texas Bullion Exchange. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Trademarks Texas Bullion Exchange’s name, logo, certification marks, and all related names, logos, product and service names, designs, and slogans are trademarks of Texas Bullion Exchange or its affiliates or licensors. You must not use such marks without the prior written permission of Texas Bullion Exchange. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Information About You All information we collect on the Website is subject to our Privacy Policy. You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy. Website Purchases And Other Terms And Conditions All purchases through the Website or other transactions for the sale of products, services, or information formed through the Website or as a result of visits made by You may be governed by product and service-specific agreements, which, if applicable, are hereby incorporated into these Terms. Linking To The Website You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association or endorsement on our part. We reserve the right to withdraw linking permission without notice. Links From The Website The Website may contain links to websites controlled or operated by persons and companies other than Texas Bullion Exchange (“Linked Sites”). The Linked Sites are not under the control of Texas Bullion Exchange, and Texas Bullion Exchange is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site or any changes or updates to a Linked Site. Texas Bullion Exchange is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from Your use of a Linked Site. Texas Bullion Exchange is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Texas Bullion Exchange of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use or service posted on the Linked Sites. You are solely responsible for any dealings with third parties who are identified in the Website, including the delivery of and payment for goods and services. Geographic Restrictions The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. Disclaimer Of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEXAS BULLION EXCHANGE NOR ANY PERSON ASSOCIATED WITH TEXAS BULLION EXCHANGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TEXAS BULLION EXCHANGE NOR ANYONE ASSOCIATED WITH TEXAS BULLION EXCHANGE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TEXAS BULLION EXCHANGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation On Liability IN NO EVENT WILL TEXAS BULLION EXCHANGE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless Texas Bullion Exchange, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, affiliates, assigns, partners, joint venturers, customers, and any other person or entity involved in the creation, production and/or distribution of the Website, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Website. Termination And Restriction Of Access In its sole discretion, Texas Bullion Exchange may terminate or suspend Your access to the Website for breach of these Terms of Service or for any reason it deems appropriate. Any cancellation or termination by You or Texas Bullion Exchange shall not relieve You of any obligations to pay fees accrued prior to such cancellation or termination. The Website may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by Texas Bullion Exchange. Texas Bullion Exchange shall not be liable for any losses or damages arising from any such termination of service. Governing Law And Jurisdiction All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Jefferson County, Texas in all disputes arising out of or relating to the use of the Website. Arbitration At Texas Bullion Exchange’s sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. By using the Website, You hereby consent to submission of any dispute to final and binding arbitration. Limitation On Time To File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver And Severability No waiver by Texas Bullion Exchange of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Texas Bullion Exchange to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Entire Agreement The Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the sole and entire agreement between You and Texas Bullion Exchange with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether electronic, oral, or written, with respect to the Website. These Terms may not be modified except in writing and as is permitted herein. These Terms do not supersede or alter Your license or other agreement relating to any particular products or services provided by Texas Bullion Exchange. In the event of a conflict between these Terms and any such other agreement to which You have agreed or in the future agree, the terms of such other agreement shall control. Your Comments And Concerns All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: sales@texasbullion.com. LAST UPDATED: March 2, 2021
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