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Wir informieren Sie gerne, wenn Sie zum ersten Mal mit
dem Gedanken spielen, in Gold zu investieren.
Unaufdringliche fachkundige Beratung für Safe-Haven-Anleger.

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USAGOLD Terms of Use

USAGOLD Terms of Use

These General Terms and Conditions of Use ("Terms") are entered into by and between you and USAGOLD (the "Firm"). By using the Firm’s website www.usagold.com (“Website”) as well as the various client services offered through it and administered by the Firm’s staff, you agree to be bound by these Terms, which incorporate the separately posted Privacy Policy, Risk Disclosure, and Online Shipping Policy, (all linked below) and attest that you have reviewed and fully understand the disclosures and disclaimers in these policies whether your transaction is completed online, by telephone, by e-mail or in person.  If you do not agree with any aspect of the foregoing, the Firm advises you not utilize our products and/or services. We reserve the right to change these Terms at any time. These changes will be posted to the website and effective immediately upon posting.  Accordingly, we encourage you to regularly visit this page.

1. Client Purchases

Orders can be placed by phone, in person or via the Website.  Accepted forms of payment for orders include personal check and bank wire, as well as credit card for existing clients per the terms and conditions for credit card payments as set out in Section 2.  When placing an order by phone, clients will be quoted our current selling price.  Orders cannot be left on broker voicemail.  Once a client agrees to the order, the client will be asked if he or she wishes to 'lock in the price'.  Upon such affirmation, the price will be fixed for that order.  An invoice will be sent to the client confirming the transaction within one (1) business day of order submission.  With respect to online orders, availability is strictly limited to existing inventory, and will be confirmed by phone call.

2. Credit Card Payment Terms

For the purposes of address verification and customer authentication, a credit card can only be used for purchases on the Website after a client has fully completed an initial order with payment by personal check or bank wire and has a confirmed delivery of goods ordered. The delivery address for credit card orders must match the billing address for the credit card and be the address of record with the Firm for the client.  New clients can place an order in our online shopping cart to hold a price, but will be contacted by phone to complete payment for the order via bank wire or personal check.  If there is any change of address for existing clients, that client must repeat the verification process described above before credit card payments can again be accepted. The maximum accepted amount that may be paid by credit card is $20,000.

3. Cancellations

All sales are final. Once an order has been placed and verbally agreed to by phone, it cannot be cancelled.  If the value of the underlying metal should decline after a purchase is made, pricing cannot be renegotiated lower.  Conversely, if the value of the underlying metal moves higher, the pricing of products ordered will remain fixed and cannot be elevated, even if final payment has not been received.

The Firm requires first-time buyers to secure their order with a credit card to lock and hold the purchase price.  In the case of a failure to pay for a transaction within the agreed upon time frame (two (2) days unless otherwise specified by the Firm’s representative), the Firm reserves the right to charge the client a 5% restocking fee. Should a client elect to cancel his or her order, 5% of the invoiced total will be billed to the credit card provided.  Client will be provided an invoice showing cancellation of original order, as well as a second invoice for 5% of the order total as a 'restocking fee'.  Upon receipt of good funds, the firm destroys all client credit card information. 

4. Policy on Individual Retirement Accounts (IRAs)

The firm acts only as an agent in IRA transactions.  Clients must initiate, set up, and fund their IRA accounts independent of the Firm.  The Firm may however refer clients to independent trustees who offer custodial services for IRA’s including independent storage and administrative services.  Once the client’s order has been transferred to his or her IRA account, the Firm does not assume any further responsibility for any loss or damage resulting from a client’s relationship with the trust company or storage facility. With funds on account, a client can place an order following the same terms for client purchases set out in Section 1.  Funds will then be drawn from that client's account to pay for the metal.  The metal will in exchange be deposited in client’s account with standard, quoted delivery times. 

5. Client Liquidations

In most market conditions and under most circumstances, the Firm will purchase precious metals from clients who originally purchased it from the Firm.  However, by law, the firm cannot guarantee to repurchase any precious metals. Accordingly, the Firm disclaims any guarantee, express or implied, that it will repurchase any precious metals sold to you or other clients.  To inquire into liquidating metals, clients are advised to contact their representative at the Firm.  At that time, should the Firm agree to purchase the metals, the representative will designate a location where the metals will need to be shipped.

Client shipments of precious metals (“Product”) must be made via registered and insured US Postal Service mail.  The US Postal Service will provide a registration number when the package is sent.  Once the client provides the Firm with a US Postal Service registration number, the Firm will confirm its buying price with the client.  If a client does not call with a registration number, the price will automatically be fixed upon receipt of the coins.  Once fixed, the purchase price is no longer negotiable.  After receipt of Product, client will be paid by check or wire according to the terms of payment agreed to by the client and the Firm. The Firm is not responsible for any damage caused in transit from poorly packed Product, theft, disappearance and any other shipping related issues. Product will be received and inspected by an expert in our shipping department, witnessed by a second party. Any discrepancies in the quantity or quality of Product received will be reported to a client within fort-eight (48) hours of receipt of the Product.  Any Product that does not meet standards of the Firm or is poorly packed will be returned to the client.  The cost of shipping and insurance to return a package will be the responsibility of the client, as well as any market losses accrued due to failure to fulfill the transaction or properly represent the quantity/quality of the Product.

6. Taxes

The Firm does not make notifications of, manage, or offer guidance regarding tax policy.  All sales, use, capital gains, and any other taxes associated with the purchase/ownership/sale of metal are the sole responsibility of the client. The Firm does not render tax or legal advice on the tax treatment for exchanges of one type of coins or bars for another.  We advise that clients should contact their own legal or accounting advisor for any questions pertaining to local and federal tax law and its application with regard to sales or transfers to the Firm, as well as for liquidations within trust plans, including Individual Retirement Accounts and other types of retirement plans.

7. Government Actions

The Firm disclaims any responsibility for losses due to government interventions on any kind in the precious metals markets including specialized taxation policies, currency and/or capital controls and/or outright confiscation. 

8. Firm Reporting Requirements

The Internal Revenue Service requires the Firm to file a 1099 form on client sales of  gold bars (1 kilo or more), gold Canadian Maple Leafs (25 troy ounces or more), gold South African Krugerrands (25 troy ounces or more), gold Mexican Onzas (25  troy ounces or more), silver bars (1000 troy ounces or more), United States 90% silver coins ($1000 face value or more), platinum bars (25 troy ounces or more) and palladium bars (100 ounces or more).  If a client engages in more than one transaction the purpose of circumventing these reporting rules, the Firm will treat such purchases as one transaction.  The IRS reporting rules require the seller to provide his or her social security number for inclusion in our annual report.  This section is intended as a rough guideline for complying with the regulations, but should not be considered as the final determinant.  For that, the Firm recommends that you consult with your tax advisor.

9. Disclaimer Regarding Investment, Tax, Legal or Other Advice

All oral and written statements made by the Firm and its employees, including those made on the Website, are statements of opinion only, and are not warranties or representations of any kind.  The Firm’s employees are not licensed to dispense investment or tax advice.  The Firm’s services, including the Website, are made available with the understanding that they have been prepared for informational purposes only and the Firm is not engaged in rendering legal, accounting, financial or other professional services. The information on the Website is not intended to create, and visitation of it does not constitute a lawyer-client relationship, accountant-client relationship, or any other type of relationship. If legal or financial advice or other expert assistance is required, the services of a competent professional person should be sought.

Opinions expressed in commentary on the USAGOLD.com website do not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell any precious metals product, nor should they be viewed in any way as investment advice or advice to buy, sell or hold. USAGOLD, Inc. recommends the purchase of physical precious metals for asset preservation purposes, not speculation. Utilization of these opinions for speculative purposes is neither suggested nor advised. Commentary is strictly for educational purposes, and as such USAGOLD does not warrant or guarantee the accuracy, timeliness or completeness of the information found here.

10. Termination

These Terms are effective until terminated by the Firm. The Firm may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to the Website content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Firm shall also have the right without notice and at any time to terminate some or all of the Website or any feature or portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use of the Website or any feature or portion thereof.

11. Intended Users

The Website and services offered by the Firm are not intended for or directed at children under the age of 18.

12. Disclaimer and Limitation of Liability as to the Website, Content, Products and Services

THE FIRM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. THE WEBSITE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL THE FIRM, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WEBSITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF THE FIRM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ICE BENCHMARK ADMINISTRATION LIMITED MAKES NO WARRANTY, EXPRESS OR IMPLIED, EITHER AS TO THE RESUTLS TO BE OBTAINED FROM THE USE OF THE LBMA GOLD PRICE AND/OR THE FIGURE AT WICH THE LBMA GOLD PRICE STANDS AT ANY PARTICULAR TIME ON ANY PARTICULAR DAY OR OTHERWISE. ICE BENCHMARK ADMINISTRATION MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR USE WITH RESPECTOF ANY USE OF LBMA GOLD PRICE.

To the fullest extent permissible by applicable law, the Firm disclaims all warranties of any kind, with respect to the products and services listed or purchased on or through the Website, unless stated as a specific written warranty.

13. Indemnification

You agree to indemnify and hold harmless the Firm, its subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against any and all liability, loss, injury, damage, cost, or expense including, but not limited to, reasonable attorneys’ fees and costs, which an Indemnified Person may incur, directly or indirectly, as a result of or arising from any claim or demand made by you or a third party, that arises out of, is connected with, or is in any manner related to your use of the Website or any service provided by Website, your conduct in relation to the Website, or any service provided by Website, your violation of these Terms, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives these Terms and any termination of your account.

14. Attorneys’ Fees and Costs

You agree that if any action at law or equity is required to enforce or interpret the provisions of these Terms, the prevailing party shall be entitled to recover all costs, including without limitation, reasonable attorneys' fees and costs incurred in any litigation, mediation, arbitration, or administrative or bankruptcy proceedings, and any appeals there from, in addition to any other relief to which they may be entitled.

15. Severability

In case any one or more provisions contained in these Terms shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision herein and these Terms shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

16. Entire Agreement

These Terms, incorporating the separately posted Privacy Policy, Risk Disclosures, and Shipping Policy constitute the entire agreement between you and the Firm and there are no agreements, understandings, restrictions, warranties, or representations, expressed or implied, oral or written, between the parties other than those herein contained.

17. Force Majeure

The Firm shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any provision of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Firm including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers, materials or telecommunication breakdown or power outage.

18. Rights and Remedies; Waiver

Upon failure by you to comply with your obligations to Firm, Firm shall have all of the rights and the remedies available to Firm, whether at law, in equity or otherwise, including, without limitation, rights and remedies under these Terms. Without limiting its rights and its remedies, the Firm may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of the Firm 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 the Firm 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 other remedy.

19. Governing Law

These Terms and any legal proceedings between you and the Firm shall be governed by, and interpreted in accordance with, the laws of the State of Colorado without regard to conflicts of laws principals. Any legal proceeding brought against either of the parties hereto with respect to these Terms shall be brought in the federal and state courts located in the State of Colorado, and each client and the Firm hereby consents to the exclusive jurisdiction of any such court and waives any defense or opposition to such jurisdiction. The parties further agree that the mailing of any process shall constitute valid and lawful process against them, without the necessity for service by any other means otherwise provided by statute or rule of court.

20. Waiver of Jury Trial

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND ANY TRANSACTION CONTEMPLATED HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.

21. Third Party Content Disclaimer

The Website routinely contains links to external, third party websites. By providing links to other websites, the Firm does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Firm. The Firm does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to the Website assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

22. Firm Content

The information and other content of Website is licensed or owned by the Firm and is protected by trademark and copyright under United States and foreign laws. The Website may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on the Website, including content and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce, copy, sell, modify, display or make derivative works or translations of any information or other content made available on the Website. You have no right to distribute any information or other content made available on the Website. Any use of the information and other content on the Website not expressly permitted by these Terms may violate copyright, trademark, and other laws.

 

Last Updated: September 30, 2013

 

 




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