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Terms and Conditions

Last Update March 13, 2026

THESE TERMS AND CONDITIONS OF SERVICE INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

(Please scroll down for “Additional Terms and Conditions Applicable to the Online Ordering Platform.”)

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

Client Purchases Generally – Acceptance Required

Orders can be placed by phone, in person, via the Website, or via e-mail discourse under select circumstances.  Accepted forms of payment for orders include bank wire or PayPal (for orders under $20,000) (as further explained in the next section). We also accept eCheck (ACH) and personal checks for verified repeat clients. When placing an order by phone, all calls will be recorded and 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 or email. In the event that an online order cannot be fulfilled, the client will be contacted directly and offered alternative options or a refund. The Firm may require certain buyers to secure their order with a credit card to lock and hold the purchase price. 

All sales are final. Once an order has been placed and verbally agreed to by phone or confirmed by email, 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.

Placing Orders through the Online Ordering Platform

If you place orders through our online ordering platform then at the time of ordering you can select to either pay in full (a) immediately (1) with your PayPal (maximum of $20,000), (2) bank wire or (3) eCheck (ACH) (maximum of $250,000 for verified repeat clients) via the payment portal offered at checkout, or (b) via personal check or bank wire separate of the payment portal.  Payments made via option (b) above must be received within five (5) business days of placing the order (the “Payment Period”) unless otherwise agreed to by your broker.  Wire transfer payment is required on all orders over $50,000.  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 our online ordering platform, 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. Notwithstanding the foregoing, the Firm will not be bound to any online order unless and until the Firm provides its affirmative acceptance either via email or a phone call to you.

Cancellations / Payment Defaults / Market Losses

You recognize and acknowledge that the market price of products like the Products changes frequently, and failing to pay within the Payment Period may subject the Firm to monetary losses due to such fluctuations in price. If you default on your payment commitments or have not paid the Order Price to the Firm within the Payment Period, the Firm may at any time thereafter cancel your Order and send you an invoice for all costs and expenses incurred by the Firm in connection with such failure to pay, including, without limitation, the Price Difference (as defined below), costs of unwinding any hedging agreements placed by the Firm related to your order, attorneys’ fees and other costs of collection, and a 2% restocking fee based on the total order amount (collectively, the “Losses”). The Firm may charge your credit card the amount of the Losses. If the Firm determines to collect the Losses from you using a payment method other than your credit or debit card, the Firm will issue an invoice to you for the Losses. You expressly agree to pay to the Firm the amount of all Losses in full within ten (10) business days of receipt of an invoice from the Firm.   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 date and time the Firm cancels your Order and sends you an invoice for Losses. 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. If you fail to timely pay, credit card processing fees incurred will not be refunded. Any additional outstanding orders will be held until payment on order is received or cancellation fees are paid.  In the event that a client cancels an order, the client’s account will move to ‘suspended status’ and future orders will require a credit card or advance payment to lock and hold an order price.

Payment Processing Fees

Any payment by a payment processor is subject to a convenience fee that is charged to the Firm by the payment processor 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.

PayPal Payment Terms

For the purposes of customer authentication, PayPal can only be used for purchase via the Website directly and for orders less than $20,000 total. All transactions must pass fraud prevention policies as dictated by our payment system, and will not be accepted in any other fashion.  A single client cannot have two outstanding orders via these payment methods at any given time.  In other words, an order must be delivered and verified receipt by the client before a second order can be placed using the same payment method.

 

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.

Client Liquidations

In most market conditions and under most circumstances, the Firm will purchase precious metals from clients who originally purchased it from the Firm.  The Firm also purchases products not originally purchased by the Firm when the amount liquidated is greater than $50,000.  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.

For clients liquidating, the following shipping policies are in effect.  Clients selling $10,000 or more of aggregate metals can use the Firm’s Fed Ex pick up program.  In such circumstances, client will pack and ship metal according to the Firm’s instruction.  Client will receive a Fed Ex label to ship metal using Firm’s Fed Ex account and Firm’s insurance coverage.  Client must notify Firm when shipment has been given to Fed Ex, at which time the price for the liquidation will be confirmed.

For liquidations under $10,000 

Shipment 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. 

For non-client liquidations

Non clients will be able to use Firm’s Fed Ex pick up service described above as long as the minimum order total of $50,000 is met.

In both cases, after receipt of Product, client will be paid by ACH 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.

Taxes

The Firm does not make notifications of, manage, or offer guidance regarding tax policy.  All sales, use, capital gains, and any other taxes associated with the purchase/ownership/sale of metal are the sole responsibility of the client. The Firm does not render tax or legal advice on the tax treatment for exchanges of one type of coins or bars for another.  We advise that clients should contact their own legal or accounting advisor for any questions pertaining to local and federal tax law and its application with regard to sales or transfers to the Firm, as well as for liquidations within trust plans, including Individual Retirement Accounts and other types of retirement plans.  Sales tax obligations exist in the following states:  Nevada, New Mexico, Hawaii, Vermont, West Virginia and Maine.  Clients receiving delivery in these states are obligated to pay local sales taxes.  Firm will collect and pay these taxes on behalf of the client. At this time, USAGOLD does not conduct business, either selling or purchasing, with clients residing in the state of Minnesota.

Government Actions

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

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.

Termination

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

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.

Intended Users

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 RESULTS 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.

Indemnification

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

Dispute Resolution: Mandatory Binding Individual Arbitration Class Action Waiver

Important: This Section limits certain LEGAL rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or ACTION, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration processes described within this Section. Please review carefully.

In the unlikely event that a disagreement arises between you and the Firm regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with your use of the website (collectively, "Dispute"), prior to initiating any legal action, you must first contact us directly by email at [email protected]. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.

You agree that the term "Dispute" in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Firm, or third party if the Firm could be liable, directly or indirectly, for such Dispute.

During the 60 days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60-day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

If the dispute is not resolved within the 60-day period (and the parties do not agree to extend the period), you and we agree that the dispute will be resolved entirely through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. If the parties have more than one Dispute between them, you and the Firm agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.

Class and Collective Action Waiver

You and the Firm explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of the Firm. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in the Terms, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the Dispute must be brought exclusively in a state or federal court in the State of Colorado. Accordingly, you and the Firm consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any action that proceeds in state of federal court shall be tried to a judge and not a jury.

  1. Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association ("AAA") using the prevailing rules of the AAA, including the AAA's Consumer Arbitration Rules, as modified by this arbitration agreement. Alternatively, the arbitration may be conducted by any other arbitration administration service that you and an officer or legal representative of the Firm consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau), or the provincial or territorial judicial district, as applicable, where you are a resident at the time the Dispute is submitted to arbitration.
  2. You and the Firm will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require the Firm to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then the Firm will have the right to elect to pay the fees and costs and proceed to arbitration.
  3. You are responsible for paying your portion of the fees set forth in the AAA fee schedule. Except as modified by the Additional Procedures for Multiple Case Filings, the Firm will pay all remaining fees. If your claim against the Firm is for less than $1,000, and you succeed on the merits, we will pay all fees. If you believe you cannot afford the AAA fee, you may apply to AAA for a fee waiver.
  4. The arbitrator will (a) apply applicable law and the provisions of these Terms and Conditions and any Additional Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these Terms and Conditions, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
  5. Additional Procedures for Multiple Case Filings. You and we agree that these Additional Procedures for Multiple Case Filings (in addition to the other terms of this arbitration agreement) shall apply if you participate in a Multiple Case Filing. If 25 or more similar Disputes (including yours) are instituted against the Firm by the same or coordinated counsel or otherwise are coordinated by the AAA, the Firm, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction consistent with the remainder of the Terms and Conditions, including the class and collective action waiver. Notwithstanding this option available to the Firm, counsel for the parties may mutually agree to proceed in arbitration using agreed upon bellwether, batching or similar procedures to reduce the costs and gain efficiencies associated with litigating multiple cases. If such bellwether, batching or similar procedures are used, the remaining similar Disputes instituted by the same or coordinated counsel shall not be deemed filed for purposes of assessing arbitration fees until the first batch or set of bellwether cases are arbitrated and the remaining Dispute(s) are selected for arbitration. If these Additional Procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether, batched or similar procedure until your claim is selected for a bellwether, batched or similar procedure, withdrawn or otherwise resolved.
  6. WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, any Dispute shall otherwise be governed by the internal laws of the State of Colorado without regard to Colorado choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the United States Federal Arbitration Act.
  7. In the event that AAA is unavailable or unwilling to hear the Dispute, you and the Firm shall agree to, or a court shall select, another arbitration provider.
  8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

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.

Severability

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

Entire Agreement

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

Force Majeure

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

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.

Governing Law

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

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.

Firm Content

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

Additional Terms and Conditions Applicable to the Online Ordering Platform

Acceptance of the Additional Terms

These additional terms and conditions of use (the “Additional Terms”) are entered into by and between you and USAGOLD (the “Firm”). By using the USAGOLD Online Ordering Platform, signing up for a client account, or by clicking to accept or agree to the Additional Terms, you accept and agree to be bound by these Additional Terms. The Additional Terms expressly incorporate by reference our Terms and Conditions, which incorporate the separately posted Privacy Policy, Risk Disclosure, and Online Shipping Policy, and govern your access to and use of the Online Ordering Platform and the Website (collectively and individually, the “Service”). In the event of any conflict between the terms and conditions in these Additional Terms and the Terms of Use, the terms and conditions of these Additional Terms shall govern. Any capitalized terms herein shall be given their definition set forth in the Terms of Use, unless otherwise defined herein. If you do not agree to these Additional Terms, you must not access or use the Service.

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.

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 Ordering Platform 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 Ordering Platform 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 Ordering Platform if your address or other information have changed since your last order, or for any reason it deems in its sole discretion.

To access the Service or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Additional Terms.

Prohibited Uses

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.

To access the Service or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Additional Terms.

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 Ordering Platform, 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.

Entire Agreement

These Additional Terms, incorporating the separately posted Terms of Use, Privacy Policy, Risk Disclosures, and Shipping Policy constitute the entire agreement between you and the Firm with respect to the use of the Online Ordering Platform and there are no agreements, understandings, restrictions, warranties, or representations, expressed or implied, oral or written, between the parties other than those herein contained.

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