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This USER AGREEMENT ("User Agreement") is being entered into by and between Legacy Precious Metals, Inc., a Nevada corporation, doing business as Goldmart.com ("Goldmart"), and You. By placing a purchase or sale order with Goldmart, whether made through Goldmart.com, by telephone or otherwise, the terms and conditions hereof apply and supersede any terms proposed in a purchase order or other document, regardless of when dated or received, any oral statements, or any contrary statements on Goldmart’s website or otherwise. By completing the transaction with Goldmart, You acknowledge that you have read and agreed to each every provision of the user Agreement.
Representations and Warranties. By entering into any transaction with Goldmart, You represent and warrant to Goldmart that You have attained the age of majority as established in Your state, province or country of residence, that you have legal capacity to make a binding contract and that You are under no disability with respect to entering into this User Agreement. You recognize that an investment in bullion and coins involves a high degree of risk and You have carefully considered the risk factors involved including fluctuations in market value. You are a sophisticated and knowledgeable investor in bullion and coins and are not relying on any statements (whether oral or written) made by Goldmart with respect to bullion or coins.
Indemnification. Except as otherwise provided herein, to the fullest extent permitted by law, You covenant with Goldmart that Goldmart shall not be liable for any damage, liability or injury of any kind or from any cause whatsoever. You shall pay for, defend (with an attorney approved by Goldmart), indemnify, and save Goldmart harmless against and from any real or alleged damage or injury and from all claims, judgments, liabilities, costs and expenses, including attorneys' fees and costs, arising out of or connected with You entering into a transaction with Goldmart or any breach of this User Agreement by You. This obligation to indemnify shall include all of Goldmart's reasonable attorneys' fees, litigation costs, investigation costs and court costs and all other costs, expenses and liabilities incurred by Goldmart or Goldmart's counsel from the first notice that any claim or demand is to be made or may be made. Your obligations under this Section shall survive the termination of this User Agreement.
Limitation of Liability. In the event Goldmart is determined to be liable to You in connection with any transaction between Goldmart and You, Goldmart's liability shall be limited to the amount paid by You to Goldmart in such transaction. In no event shall Goldmart be liable for any special, consequential, punitive or exemplary damages of any kind. Any claim, demand, cause of action or defense of any kind by You which is based on or arises in connection with a transaction between Goldmart and You, the negotiations prior to its consummation, or any asserted statement, representation, arrangement, agreement or understanding between Goldmart and You shall be barred unless You commence an action thereon, or interposes in a legal proceeding a defense based thereon, within twelve (12) months after the date of the asserted inaction or omission, or the date of the occurrence of the event or action to which the claim, demand, cause of action or defense relates, whichever applies.
Termination. Goldmart may terminate this User Agreement at any time and from time to time, with or without cause, by removal hereof from this website. Such termination shall become effective with respect to transactions occurring on or after the termination hereof but shall remain effective with respect to transactions occurring prior thereto.
Default; Rights and Remedies. Upon any default by You under the terms and provisions of this User Agreement or in any transaction between Goldmart and You, Goldmart shall have any and all rights and remedies available to Goldmart at law or in equity.
Market Loss Policy.
Purchasing from Goldmart.When purchasing from Goldmart, your order is confirmed with an order and confirmation number and the price for the product(s) included in Your confirmed order. Once Your transaction is confirmed and a confirmation number is issued, it cannot be cancelled except as otherwise provided herein. In the event You cancel a purchase transaction in which a confirmation number has already been issued, (a) if the then current ask price is less than the price at which the transaction was confirmed, You thereby surrender your Deposit and authorize Goldmart to charge your credit card in the amount of the Deposit as compensation, and (b) if the then current ask price is more than the price at which the transaction was confirmed, You shall not be entitled to any gain thereon and such gain shall remain the sole property of Goldmart.
Selling to Goldmart. When selling to Goldmart, once a transaction is confirmed and a confirmation number is issued, it cannot be cancelled except as otherwise provided herein. In the event You desire to cancel a sale transaction in which a confirmation number has already been issued, (a) if the then current buy price is more than the price at which the transaction was confirmed, You shall be liable for and shall immediately pay the difference to Goldmart, and (b) if the then current buy price is less than the price at which the transaction was confirmed, You shall not be entitled to any difference and such difference shall remain the sole property of Goldmart.
All cancellations shall be subject to a processing fee of $35.00 and you agree to pay such fee to Goldmart immediately upon such cancellation.
Return Policy. No returns. All sales are final.
Risk Policy. You recognize that an investment in bullion and coins involves a high degree of risk and You have carefully considered the risk factors involved including fluctuations in market value. You are a sophisticated and knowledgeable investor in bullion and coins and are not relying on any statements (whether oral or written) made by Goldmart with respect to bullion or coins. Goldmart hereby disclaims any and all representations and warranties with respect to the coin(s) or bullion, including, but not limited to the warranty of merchantability or fitness for a particular purpose. You acknowledge and agree that investments in bullion and coins, in addition to the risks described above, are subject to additional risks including, without limitation, those set forth immediately below.
AUTHENTICITY RISKS. FORGERY AND COUNTERFEITING ARE RISKS ASSOCIATED WITH THE PURCHASE OF RARE COINS. TO MINIMIZE THESE RISKS, IT IS RECOMMENDED THAT CONSUMERS ONLY BUY COINS CERTIFIED BY ONE OF THE LEADING INDEPENDENT COIN GRADING SERVICES. WITH THE EXCEPTION OF CERTAIN UNCERTIFIED CIRCULATED COINS, EACH COIN SOLD BY GOLDMART HAS BEEN GRADED BY EITHER THE PROFESSIONAL COIN GRADING SERVICE ("PCGS") OR BY NUMISMATIC GUARANTY CORPORATION ("NGC"). PCGS AND NGS ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SERVICES" AND INDIVIDUALLY AS A "SERVICE." EACH OF THESE COIN GRADING SERVICES IS RECOGNIZED WITHIN THE COIN GRADING INDUSTRY FOR ITS SUPERIOR EXPERTISE, AND EACH GUARANTEES UNEQUIVOCALLY THAT COINS CERTIFIED BY IT ARE AUTHENTIC. GOLDMART RELIES UPON THOSE GUARANTEES IN SELLING COINS, AND DOES NOT INDEPENDENTLY VERIFY WHETHER CERTIFIED COINS ARE AUTHENTIC. ACCORDINGLY, GOLDMART EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OTHERWISE ATTACHING TO THE COINS, INCLUDING THAT THE COINS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
GRADING RISKS. THE VALUE OF A COIN IS HIGHLY DEPENDENT UPON THE CONDITION OR "GRADE" OF THAT COIN. SINCE GRADING IS A SUBJECTIVE PROCESS, THERE IS RISK IN ACQUIRING COINS WHOSE GRADES HAVE NOT BEEN INDEPENDENTLY CERTIFIED BY ONE OF THE SERVICES. THE POSSIBILITY EXISTS THAT A COIN COULD BE MISGRADED BY ONE OF THE SERVICES, AND IT IS POSSIBLE FOR SUCH SERVICES TO ASSIGN A DIFFERENT GRADE TO THE SAME COIN UPON RESUBMISSION. THE GUARANTEES PROVIDED BY SUCH SERVICES PROVIDE PROTECTION AGAINST MISGRADING, GIVEN THE CONTINUING SOLVENCY OF THE SERVICES. GOLDMART CANNOT BE RESPONSIBLE FOR ANY OF THE SERVICES' GUARANTEES OR FOR SUBSEQUENT CHANGES IN THEIR POLICIES AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES ASSOCIATED WITH THE GRADES ASSIGNED BY PCGS AND NGC.
VOLATILITY RISKS. BECAUSE OF THE VOLATILE NATURE OF THE COMMODITIES MARKETS, THE PURCHASE AND SALE OF COMMODITIES INVOLVE A HIGH DEGREE OF RISK AND ARE NOT SUITABLE FOR ALL PERSONS. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND REPRESENT THAT YOU ARE AWARE OF THE NATURE AND EXTENT OF YOUR RIGHTS AND OBLIGATIONS AND THE RISKS INVOLVED IN INVESTING IN COMMODITIES INCLUDING, WITHOUT LIMITATION, A LOSS OF YOUR INVESTMENT IN SUCH COMMODITIES. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT TRANSACTIONS SUBJECT TO THIS USER AGREEMENT ARE CASH TRADES WITH GOLDMART AND THAT SUCH TRADES ARE NOT SUBJECT TO REGULATION BY THE COMMODITY FUTURES TRADING COMMISSION OR THE NATIONAL FUTURES ASSOCIATION.
Absence of Relationship: Nothing contained in this User Agreement shall be construed as creating the relationship of principal and agent or of partnership or joint venture between Goldmart and You and the relationship of Goldmart and You shall be solely that of seller and buyer, as applicable.
Successors and Assigns; Assignment: The provisions of this User Agreement shall be continuous and shall inure to the benefit of Goldmart, its successors and assigns, and shall be binding upon You and/or Your estate, personal representatives, administrators, successors and assigns. Goldmart may assign its rights and delegate its duties as to any or all transactions under this User Agreement. You shall not be permitted to assign or otherwise transfer all or any of Your rights, duties or obligations under this User Agreement.
Costs and Expenses of Collection. In the event that either Goldmart or You shall institute any action or proceeding against the other to enforce or interpret the provisions of this User Agreement, any default hereunder or any transaction between Goldmart and You, the prevailing party in such action or proceeding shall be entitled to an award of its reasonable attorneys' fees incurred in such action or proceeding, and all fees, costs and expenses incurred in connection with such action or proceeding, including, without limitation, any post-judgment fees, costs or expenses incurred on any appeal or in collection of any judgment.
Venue: By entering into a transaction with Goldmart, You acknowledge and agree that such transaction constitutes the making of a contract within Carson City, Nevada. The entering into a transaction with Goldmart will cause the following events, among others, to occur in Carson City, Nevada: the solicitation and negotiation of this User Agreement will have taken place and been completed in Carson City, Nevada; this User Agreement will be deemed to have been accepted or executed in Carson City, Nevada; payment of monies will be deemed to have been delivered to and paid in Carson City, Nevada; and written confirmation of each transaction will be provided from Carson City, Nevada. In the event any legal action or proceeding is brought to interpret or enforce this User Agreement, or which arises in whole or in part from the transaction subject to this User Agreement, venue for such action or proceeding shall be exclusively in the state court for Carson City, Nevada.
Governing Law. This User Agreement shall be governed by, and construed and enforced in accordance with the laws of the state of Nevada, without regard to conflict of laws principles.
Waiver of Jury Trial. The parties hereto desire and intend that any disputes arising between them with respect to or in connection with this User Agreement or any transaction conducted between the parties be subject to expeditious resolution in a court trial without a jury. Therefore, the parties each hereby waive the right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or other hearing brought by either party against the other on any matter whatsoever arising out of, or in any way connected with, this User Agreement, the relationship of the parties, any transaction conducted between the parties, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of Goldmart, shall excuse the performance by Goldmart for a period equal to the prevention, delay or stoppage.
Further Assurances. You agree to execute such other and further instruments and documents as may be necessary or proper in connection with a transaction between Goldmart and You.
Notices. All communications to Goldmart shall be sent to Goldmart at 600 E. William Street, Suite 204, Carson City, Nevada 89701, and all communications to You shall be sent to You at the address provided to Goldmart by You in writing. All communications given by by mail shall be effective 48 hours after deposit in the United States mail, postage prepaid, or upon receipt, whichever is earlier; if hand delivered, when delivered; if telephonic, at the time of such phone conversation or facsimile transmission; or if by e-mail, on the day of transmission.
Recording of Communications. You acknowledge and agree that Goldmart may record any communication between You and Goldmart, including, but not limited to any telephone call, email, text, post, writing or otherwise, and You consent to such recording to the fullest extent permitted by federal or state law.
Waivers. Any waiver by Goldmart of a breach by You of a provision of this User Agreement shall not be construed as a waiver of a subsequent breach of the same provision. The consent or approval by Goldmart to anything requiring Goldmart's consent or approval shall not be deemed a waiver of Goldmart's right to withhold consent or approval of any subsequent similar act. No breach of a provision of this User Agreement shall be deemed to have been waived by Goldmart unless the waiver is in writing and is signed by Goldmart.
Section Headings. The captions and headings of the provisions of this User Agreement are for convenience of reference only, and shall not be deemed to define or limit the provisions hereof.
Severability. If any provision of this User Agreement or the application of such provision to any person, entity or circumstance is found invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the other provisions of this User Agreement and all other provisions of this User Agreement shall be deemed valid and enforceable.
Amendment. This User Agreement and the policies referenced herein may be amended from time to time solely by Goldmart and any such amendment shall take effect immediately upon the posting thereof with respect to transactions entered into between Goldmart and You following the posting thereof. Except as otherwise provided above, this User Agreement may not be amended except by a writing executed by Goldmart and You.
Entire Agreement. The parties agree that there are no oral or written agreements or representations between the parties hereto affecting this User Agreement and this User Agreement, and the other policies referenced herein, supersedes and cancels any and all previous negotiations, arrangements, representations, brochures, agreements and understandings, if any, between the parties. Any claim, demand, cause of action or defense of any kind by You which is based upon or arises in connection with this User Agreement, any transaction between Goldmart and You, the negotiations prior to Your order with Goldmart, or any asserted statement, representation, arrangement, agreement or understanding between Goldmart and You which is not expressly stated in this User Agreement, the policies referenced herein, or any other written agreement between Goldmart and You, shall be barred.
Rights Cumulative. The rights and remedies of Goldmart specified in this User Agreement shall be cumulative and in addition to any rights and remedies not specified in this User Agreement including, without limitation, those specified at law or in equity.
Anti-Terrorism Statute Compliance. You hereby represent and warrant to Goldmart that You are not: (1) in violation of any Anti-Terrorism Law; (2) conducting any business or engaging in any transaction or dealing with any Prohibited Person, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person; (3) dealing in, or otherwise engaging in any transaction relating to any property or interest in property blocked pursuant to Executive Order No. 13224; (4) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in any Anti-Terrorism Law; or (5) a Prohibited Person, nor are any of its partners, members, managers, officers or directors a Prohibited Person. As used herein, "Anti-Terrorism Law" is defined as any law relating to terrorism, anti-terrorism, money laundering or anti-money laundering activities, including Executive Order No. 13224 and the USA Patriot Act. As used herein "Executive Order No. 13224" is defined as Executive Order No. 13224 on Terrorist Financing effective September 24, 2001, and relating to "Blocking Property and Prohibiting Transactions With Persons Who Commit, or Support Terrorism," as amended, modified or replaced, including corresponding provisions of future Executive Orders. "Prohibited Person" is defined as (1) a person or entity that is listed in the Annex to Executive Order 13224; (ii) a person or entity with whom You or Goldmart is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, or (iii) a person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, http://www.treas.gov/ofac/t11sdn.pdf or at any replacement website or other official publication of such list. "USA Patriot Act" is defined as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" (Public Law 107-56), as amended, modified or replaced, including corresponding provisions of future Public Laws.