USER AGREEMENT AND TERMS OF PURCHASE AND SALE
This User Agreement (the “Agreement”) governs your use of The Gold Marketplace, LLC website, and related services and products, and governs your purchase or sale of precious metals and other products.
We stand behind every product we sell, and guarantee the authenticity of all our products.
The Agreement serves as a reference guide to provide the Customer (“you” or “your”) with a concise and comprehensive understanding of the policies and procedures for utilizing the services of The Gold Marketplace, LLC (“The Gold Marketplace”, “we”, “us” and “our”), including without limitation the Thegoldmarketplace.com website, other sites and services operated by us, any of our informational services, and for the purchasing and selling of precious metals via The Gold Marketplace.com website(s), application(s), or telephone.
Privacy
The Gold Marketplace, LLC respects your right to privacy. We will not divulge any of your personal information including but not limited to your physical address, email address, banking information, phone number to any entity outside the purview of a standard business transaction. If you are located outside of the United States, note that the information you provide to us is being sent to us in the United States. By registering with thegoldmarketplace.com, you consent to your data being sent to us in the United States. If you believe someone has accessed thegoldmarketplace.com using your user name and password without your authorization, you must immediately notify us via email. You may contact us via the Contact Us page located on thegoldmarketplace.com.
Registration
Non-registered users may only access and utilize the public portions of thegoldmarketplace.com website subject to the terms of this Agreement. In order to access the remaining features of the thegoldmarketplace.com website. When you create your account, you must provide accurate and complete information, and keep that information updated. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing thegoldmarketplace.com through an Internet access provider or other third party service. You agree to keep all privileged information strictly confidential; this expressly includes all electronic or telephonic communications between you and The Gold Marketplace, access to your account and any information accessible through your account. A The Gold Marketplace account may be registered only to a unique user and only the registered user may access the account; multiple persons are expressly prohibited from registering a single shared account. You may never use another user’s account nor may you allow another to use your user account. Your account is not transferable to any third party.
Your Investment Acknowledgements, Representations, and Warranties
You acknowledge that investing in precious metals involves risks and may not be suitable for everyone. You are therefore urged to consult with your own financial advisor(s) before making a decision. Past performance is not necessarily indicative of future results. Investing in precious metal(s) often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal investment choice before making any decisions that may affect your financial situation. The Gold Marketplace makes no recommendations, projections, representations, or guarantees with respect to future prices, or performance of precious metals. Precious metals are not FDIC insured and may lose value.
You acknowledge that you are subject to a variety of risks, which risks are beyond the control of The Gold Marketplace, and you also acknowledge that The Gold Marketplace is not liable or responsible for those risks. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Absence of Relationship
You represent and warrant to The Gold Marketplace that you have sufficient experience and knowledge to make informed decisions to purchase from or sell precious metals to The Gold Marketplace. You acknowledge that you are making all of your own decisions in connection with purchases or sales and that you have not relied on any information made available by TheGoldMarketplace.com, including without limitation The Gold Marketplace, LLC or affiliate websites, and that The Gold Marketplace is not making any recommendation with respect to such purchases or sales. You further acknowledge that there is no fiduciary duty between you and The Gold Marketplace. The sole relationship between you and The Gold Marketplace is purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and The Gold Marketplace.
Intellectual Property Rights
All content contained on thegoldmarketplace.com website or otherwise provided to you by The Gold Marketplace such as text, graphics, logos, icons, images, articles, audio and video clips, digital downloads, data compilations, charts and software (collectively, “Content”), is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by the United States trademark and copyright laws. All software used on thegoldmarketplace.com website is our property or the property of our software suppliers and protected by United States trademark and copyright laws.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (the “Marks”) contained on thegoldmarketplace.com website or otherwise used by The Gold Marketplace are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the thegoldmarketplace.com website, Content and Marks pursuant to the terms of this Agreement. Thegoldmarketplace.com website, all Content and the Marks may not be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content or Marks; (c) do not use any Content or Marks in a manner that suggests an association with any of our products, services or brands; and (d) do not download or save Content so as to avoid future downloads from the Website. Your use of Content or the Marks on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: (a) resell or make any commercial use of thegoldmarketplace.com website, any Content or any of the Marks; (b) collect and use any product listings, descriptions, or prices used by The Gold Marketplace; (c) make any derivative use of thegoldmarketplace.com website or Content; (d) download or copy account information for the benefit of anyone else other than yourself; or (e) use any form of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express prior written consent.
Storing Precious Metals
You are solely responsible for the storage of your metals. We recommend you exercise caution and discretion when deciding on your method of storage. The Gold Marketplace assumes no responsibility after good delivery of the product(s) for any consequence resulting from storing your metals whether home-delivered, with any IRA custodian/facility, or through the use of professional storage services.