THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. SMG Bullion STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from SMG Bullion, whether by telephone, through the Website or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
Please direct any legal questions regarding this Agreement to:
Strategic Metals Group LLC
Attn: Legal Dept.
2300 NW Corporate Blvd. Ste 141.
Boca Raton, FL 33431
1. About the Website
SMG Bullion provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone. SMG Bullion provides high quality products to its customers by working closely with mints and distributors.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by SMG Bullion, SMG Bullion’s contractors and employees, others appearing on the Website at invitation by SMG Bullion, or other visitors or users of this Website is solely at your own risk. You understand that SMG Bullion is not obligated to provide any maintenance, technical or other support for the Website.
2. Ownership of Website and License
You acknowledge and agree that SMG Bullion is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of SMG Bullion.
SMG Bullion hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from SMG Bullion, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to SMG Bullion.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all SMG Bullion marks are the property of SMG Bullion, including, but not limited to SMG Bullion and all SMG Bullion logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of SMG Bullion. You are prohibited from using SMG Bullion’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of SMG Bullion.
4. Account Registration; Order Policies and Procedures; Buy Back Program; Fraud.
Account registration and use of the Website is free. You may search, view, purchase, and sell products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time.
You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. SMG Bullion reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact SMG Bullion immediately. You agree to hold harmless and indemnify SMG Bullion for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that SMG Bullion, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
You may make purchases, sell to, and order from SMG Bullion only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with SMG Bullion, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by SMG Bullion within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed.
A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame.
If any order is in error, due to SMG Bullion’s fault or otherwise, we reserve the right to cancel the order.
When selling to SMG Bullion through the Buy Back Program, All products sold to SMG Bullion must have a minimum Buy Back price sum of $1,000.00, unless otherwise arranged at SMG Bullion’s discretion. Most Buy Back prices will be locked in up front when the costumer’s credit card information is collected. Buy Back prices are calculated based upon the costumer’s good faith representation of the product and the current Spot Prices. However, SMG Bullion reserves the right to require product receipt prior to locking in any and all Buy Back prices. Upon receipt of the products, SMG Bullion will inspect the products for authenticity, quantity, and condition. If the products are not true to the costumer’s initial representations, SMG Bullion reserves the right to make a revised offer or reject the transaction at their discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, the Buy Back may not be cancelled but may be offset at SMG Bullion’s current purchase price.
Buy Back Sales to SMG Bullion must be shipped within 1 business day(s) and you must contact SMG Bullion via email at support SMGBullion.com or telephone at 844-586-GOLD to provide a tracking number so that we can confirm that the product is en route. Customers are responsible for all costs related to shipping Buy Back products to SMG Bullion. All products must be received by SMG Bullion within 10 business days, else the customer will be charged any Market Losses. If SMG Bullion does not receive the product within 10 business days and the delay is attributable to the carrier, SMG Bullion may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the Buy Back products they ship to SMG Bullion up until SMG Bullion confirms receipt of such products. SMG Bullion is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from SMG Bullion. Packages that arrive damaged to our facility will be rejected.
Without limiting any other legal or equitable rights and remedies that may be available to SMG Bullion, in the event of any failure by you to comply with this Agreement, SMG Bullion may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
5. Payment Options
SMG Bullion requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or money order. SMG Bullion does not accept credit card convenience checks or any third party checks. Depending upon the amount of an order, SMG Bullion reserves the right to request additional documentation for certain credit card orders. SMG Bullion also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize SMG Bullion to authorize and capture your credit card payment prior to shipment.
Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Cybersource and/or PayPal. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through SMG Bullion’s third-party payment processors. This temporary charge will be voided. SMG Bullion will not be held liable for any overdraws that may occur as a result of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that SMG Bullion will not be held liable for any user’s failure to complete a transaction entered into through the Website.
SMG Bullion expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
In the instance of a bounced paper check payment, SMG Bullion reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.
6. Payment Instructions
SMG Bullion will issue payment instructions to you during the ordering process and via email following completion of your order. SMG Bullion does not accept Cash on Delivery orders. SMG Bullion reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.
7. Cancellation Policy
Once you have placed an order with SMG Bullion you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to SMG Bullion) at SMG Bullion’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM EST. SMG Bullion reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time SMG Bullion shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize SMG Bullion to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price. Alternatively, in the event that your credit or debit card is denied, SMG Bullion reserves the right to invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. Any and all market gains on cancellations shall belong solely to SMG Bullion.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After SMG Bullion has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it re-shipped or accept Market Loss fees upon return. SMG Bullion reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders SMG Bullion deems questionable or suspicious, for orders SMG Bullion deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when SMG Bullion does not receive payment within the allotted time-frame.
SMG Bullion is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. IN the event of a cancelled order SMG Bullion will contact you directly with notification of the cancellation.
8. Return Policy
SMG Bullion’s refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify SMG Bullion’s Customer Service Department via telephone at 844-586-GOLD within five (5) business days from the date that you receive the item and follow the instructions provided to you, at that time. Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs. SMG Bullion may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, SMG Bullion expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to SMG Bullion’s Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to SMG Bullion.
9. SMG Bullion Market Loss Policy
Upon issuance of an order number following a purchase from SMG Bullion, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at SMG Bullion’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which SMG Bullion sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy. Market gains on cancellations or returns shall remain the property of SMG Bullion.
Without limiting any other legal or equitable rights and remedies that may be available to SMG Bullion, SMG Bullion may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that SMG Bullion may have to you. SMG Bullion also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to SMG Bullion.
Although most orders are shipped within one business day, in extreme circumstances shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package over $1000 requires a signature upon delivery. SMG Bullion fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy.
However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, SMG Bullion assumes responsibility to pursue any claim with the insurance company; provided, however, you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that SMG Bullion will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else SMG Bullion may have to refute any claims.
In the event that a package becomes lost in transit, it is your responsibility to notify SMG Bullion of such within three (3) days of the anticipated delivery date. While SMG Bullion will make reasonable efforts to locate the package, SMG Bullion will not be held liable for packages lost in transit without notice within three (3) days of the anticipated delivery date. You are solely responsible for any packages, along with the contents and monetary value thereof, that are lost in transit without notification to SMG Bullion within three (3) days of the anticipated delivery date.
11. Export Compliance
Each product that SMG Bullion sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country (or territory) 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.
12. User Generated Content
SMG Bullion may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that SMG Bullion does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant SMG Bullion a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Content that you submit to the Site. SMG Bullion acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. SMG Bullion does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
SMG Bullion reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. SMG Bullion also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
Either SMG Bullion or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of SMG Bullion or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to SMG Bullion will result in termination of services as deemed appropriate by SMG Bullion.
14. Section 230 of the Communications Decency Act
You acknowledge and agree that SMG Bullion is an interactive computer service provider under Section 230 of the Communications Decency Act. Though SMG Bullion may edit, remove, or control the content displayed through the Website, you agree that SMG Bullion will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
15. IRA Program
SMG Bullion partners with Delaware Depository, which is our preferred IRA custodian. Delaware Depository manages over half a billion dollars in assets such as precious metals, real estate, and equities, and is one of the biggest and most trusted players in the space. In order to utilize Delaware Depository IRA, you must create an account with Delaware Depository and fund it. After that, Delaware Depository will place an order with SMG Bullion and we will ship the products to them.
Overall the Website may contain links to third party websites, applications, or services that SMG Bullion does not own or control. You agree that SMG Bullion will not be held responsible or liable for the content of third party websites, applications, or services.
The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of SMG Bullion.
16. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of SMG Bullion. You, and not SMG Bullion, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to SMG Bullion that you have sufficient experience and knowledge to make informed financial decisions and that SMG Bullion is not making any recommendation with respect to such purchases and/or such sales.
17. Disclaimer of Warranties
SMG Bullion PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMG Bullion DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. SMG Bullion MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
SMG Bullion WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SMG Bullion IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. SMG Bullion RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
SMG Bullion WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT SMG Bullion’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF SMG Bullion’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMG Bullion HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
18. Limitation of Liability
SMG Bullion SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE SMG Bullion ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE SMG Bullion ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. SMG Bullion SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, SMG Bullion SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND SMG Bullion’S REASONABLE CONTROL. SMG Bullion SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE SMG Bullion ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. SMG Bullion IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
19. Indemnity and Release
You agree to defend, indemnify and hold SMG Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to SMG Bullion, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, SMG Bullion may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without SMG Bullion’s consent.
You are hereby agreeing to release the SMG Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and SMG Bullion is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
21. No Waiver
Upon your failure to comply with your duties and obligations to SMG Bullion, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of SMG Bullion in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by SMG Bullion of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with this Agreement, you expressly authorize and grant to SMG Bullion the right to charge your credit card for any and all market losses incurred by SMG Bullion, including, without limitation, administrative fees for accepting your orders to either buy from or sell to SMG Bullion as a result of price and market fluctuations for which you did not fulfill.
22. No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of SMG Bullion. Such consent may be granted or withheld by SMG Bullion at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and SMG Bullion.
23. Force Majeure
You acknowledge and understand that if SMG Bullion and/or the Website are unable to provide the products and/or services as a result of a force majeure event, SMG Bullion and/or the Website will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of SMG Bullion and/or the Website. SMG Bullion SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
24. Warranties, Representations, and Restrictions of Website Use
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information that you provide to SMG Bullion and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sub-license from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the SMG Bullion name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
25. Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against SMG Bullion with respect to this Agreement and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Broward County, FL in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, SMG Bullion will have the right to seek injunctive or other equitable relief in state court located in Broward County, FL to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that SMG Bullion takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and the expenses incurred by SMG Bullion, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by SMG Bullion to carry out this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
27. Entire Agreement
This Agreement constitutes the entire agreement between you and SMG Bullion and governs your use of the Website, superseding any prior agreements.
29. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
30. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and SMG Bullion will not knowingly collect personally identifiable information from children under the age of eighteen (18). If SMG Bullion inadvertently collects such personally identifiable information, SMG Bullion will delete the personally identifiable information in accordance with its security protocols.
31. Reservation of Rights
All rights not expressly granted herein are reserved to SMG Bullion.
Copyright © 2019 Strategic Metals Group, LLC.