(Please scroll down for “Additional Terms and Conditions Applicable to Online Order Desk.”)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The 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.
The Website and services offered by the Firm are not intended for or directed at children under the age of 18.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Additional Terms and Conditions Applicable to Online Order Desk
Acceptance of the Additional Terms
Changes to the Additional Terms
We may revise and update these Additional Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Additional Terms means that you accept and agree to the changes. You are expected to check the Service from time to time so you are aware of any changes, as they are binding on you.
Placing Orders through the Online Order Desk
You may place orders for Product through the Online Order Desk. In order to do so, you must have an active account, which is only available once you have become an established client of the Firm. To attain client status, you must place an order via our traditional ordering process, pay for your order, and receive delivery before placing an order through the Online Order Desk. At the time of ordering, you can select to either pay, in full, (1) immediately with your credit card (maximum $20,000 per transaction) or (2) via bank wire transfer or check by 5 P.M. Eastern Time on the fifth (5) business day after placing an order or as agreed to in writing with your broker (the “Payment Period”). If paying by check, a check will be deemed received by the Firm only if it is received within the Payment Period and linked to a checking account with sufficient funds. The price of any Product ordered will be set as of the time and day the order is actually placed (the “Order Price”).
By placing an order through the Online Order Desk, you agree to a non-cancellable and non-refundable obligation to pay the Order Price within the Payment Period, as described in the previous paragraph. You recognize and acknowledge that the market price of products like Product changes frequently, and failing to pay within the Payment Period may subject the Firm to monetary losses due to such fluctuations in price. You agree that if you have not paid the Order Price to the Firm within the Payment Period, the Firm reserves the right to charge your credit card the Price Difference (defined below). As used herein, “Price Difference” means the difference between the underlying spot market price of the Product at the time of ordering and the price of the Product at the time the Payment Period has lapsed. If the Price Difference is less than or equal to zero (i.e., the market price of Product increased or remained constant between the time the order was made and the time of non-payment or cancellation), you are not entitled to benefit from such increase in market price, though you may be relieved of any obligation to pay the Price Difference in the Firm’s sole discretion.
Any payment by credit card is subject to a convenience fee that is charged to the Firm by the credit card issuer for processing a payment. You, and not the Firm, are responsible for paying the convenience fee. The Firm will include the convenience fee in the total amount charged when it charges your credit card as authorized by you herein. Any invoice or receipt you receive will indicate the convenience fee as a separate line item for which you are responsible paying or have paid.
Accessing the Service and Account Security
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users.
You are responsible for:
– Making all arrangements necessary for you to have access to the Service.
– Ensuring that all persons who access the Online Order Desk through your internet connection are aware of these Additional Terms and comply with them.
You may only sign up to use and access the Online Order Desk if you are a Client that has fully completed a previous order by paying the Firm in full for such order and taking delivery of the product (“Verified Client”). You represent and warrant that you are a Verified Client and that none of your contact information or delivery address has changed since you became a Verified Client. The Firm reserves the right to deny you access to the Online Order Desk if your address or other information have changed since your last order, or for any reason it deems in its sole discretion.
You may use the Service only for lawful purposes and in accordance with these Additional Terms. You agree not to use the Service:
– In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
– For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
– To impersonate or attempt to impersonate the Firm, a Firm employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Firm or users of the Service or expose them to liability.
Additionally, you agree not to:
– Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
– Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
– Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
– Use any device, software or routine that interferes with the proper working of the Service.
– Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
– Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
– Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
– Otherwise attempt to interfere with the proper working of the Service.
Reliance on Information Posted and Acceptance of Order
The information presented on or through the Service (some of which is provided by third parties), including pricing feeds on products such as Product (“Pricing Feeds”), is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. 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 Service, or by anyone who may be informed of any of its contents.In the event that the Pricing Feeds or other aspects of the Service are not functioning properly, you and the Firm acknowledge that pricing of the Product as listed on the Service may be inaccurate. If this occurs as determined by us in our sole discretion, we reserve the right to recalculate the Order Price based on the accurate market price at the time of the order. Your Order is not accepted until an official invoice is sent from our primary invoicing system, which is separate from the confirmation received directly from the Online Order Desk, the latter being simply a confirmation that your order has been received. We may either (1) cancel the order or (2) recalculate and reprice the order according to the proper price. Notwithstanding either of the preceding actions by us, you may cancel the order without being charged for the Price Difference or the restocking fee only upon occurrence of the improperly functioning Service as set forth in this paragraph.The Service includes 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.
Last Updated: December 20, 2017