Effective date: October 16, 2024

This User Agreement (the "Agreement") governs your use of the https://GoldSilver.com website and its associated services, products and content (collectively, the “Website”) 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.

 

This 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 GoldSilver LLC ("GoldSilver", "we", "us" and "our"), including without limitation the Website, other sites and services operated by us, any of our informational services, and for the purchasing, selling, storing and taking delivery of precious metals via the GoldSilver.com website(s), other websites, officially sponsored client applications, documented application programming interfaces, other application(s), telephone or other methods.

 

The Website is owned and operated by GoldSilver. By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Agreement.  This Agreement is made by and between GoldSilver and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”).  This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from or sales to GoldSilver, storing or taking delivery of, precious metals.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.

 

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, SALES, DELIVERIES, AND STORAGE, 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 AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. GOLDSILVER STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

 

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME.  YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU.  YOU AGREE 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, storing with or taking delivery from GoldSilver, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

 

You represent and warrant that you are eighteen (18) years of age or older and have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  Any persons under the age of eighteen (18) are prohibited from using the Website and/or related services.

We can be reached as follows;

 

                        485 Lexington Ave., Suite 304

                        New York, New York  10017

                        (888) 319-8166

                        Support@Goldsilver.com

 

1. PRIVACY

GoldSilver respects your right to privacy. Registration data and other information about you are subject to our Privacy Policy, which can be found at the bottom of our homepage, https://www.GoldSilver.com. If you are located outside of the United States, note that information you provide to us is being sent to us in the United States. By registering with Goldsilver.com, you consent to your data being sent to us in the United States. If you believe someone has accessed GoldSilver.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 Goldsilver.com.

 

2. REGISTRATION

Non-registered users may only access and utilize the public portions of the GoldSilver.com Website subject to the terms of this Agreement. In order to access the remaining features of the GoldSilver.com Website or to purchase from, sell precious metals to, or store with GoldSilver you will have to register with GoldSilver.com and create a GoldSilver.com account. You may register online. 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 GoldSilver.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 GoldSilver, access to your account and any information accessible through your account. A GoldSilver 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, except for joint accounts, entity accounts and the like. Except as expressly set forth herein, 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. When creating an account, placing an order, or selling on the Website, you are agreeing to receive email notifications.  You are also agreeing to accept periodic SMS and other forms of text messaging, which may include texts relating to transactions, storage, advertising and other general content.  Standard messaging rates may apply. You may opt out of these notifications at any time by following the instructions in the applicable text.

 

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, date of birth, email address, telephone and social security numbers. We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy.  Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.  In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.

 

You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You further acknowledge and agree that GoldSilver may use any personally identifiable information to satisfy our ongoing compliance obligations, including without limitation our “Know Your Customer” obligations under applicable Bank Secrecy Acy and Anti-Money Laundering rules and regulations and ensuring that your name is not listed on any Office of Foreign Assets Control or similar sanctions list. 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 you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website.  GoldSilver reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole and absolute discretion, and without prior warning. GoldSilver reserves the right to reject or terminate any account in its sole and absolute discretion.

 

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account and all related user profiles.  You accept full responsibility for all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact GoldSilver immediately.  You agree to hold harmless and indemnify GoldSilver for any damages that arise out of, or in relationship to, the use of your account.

 

3. 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 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 investors. You should carefully consider the suitability of precious metals as an investment choice before making any decisions that may affect your financial situation. You are responsible for making your own investment decisions. Your account is not FDIC insured and may lose some or even all of their value.

 

You acknowledge that you are subject to a variety of risks, which risks are beyond the control of GoldSilver, and you also acknowledge that GoldSilver is not liable or responsible for those risks. Those risks include, without limitation, risks associated with the price volatility of 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.

 

4. ABSENCE OF RELATIONSHIP

You represent and warrant to GoldSilver that you have sufficient experience and knowledge to make informed decisions to purchase from or sell precious metals to GoldSilver. 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 GoldSilver, including without limitation GoldSilver.com or affiliate websites, and that GoldSilver is not making any recommendation with respect to such purchases or sales. You further acknowledge that there is no fiduciary relationship between you and GoldSilver. The sole relationship between you and GoldSilver is a 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 GoldSilver.

 

5. PURCHASING AND SELLING PRECIOUS METALS

GoldSilver will process the purchase and sale of bars and coins on behalf of its clients. All products offered by GoldSilver are displayed in its application. All products and service offerings are subject to availability will use commercially reasonable efforts to accurately reflect the availability of all products at the time a client places an order to purchase or commitment to invest in such product. However, for reasons out of our control this information may not always be accurate, and all client indications of intent to purchase are subject to full or partial cancellation for any reason until such time that a purchase or investment is confirmed to be complete. GoldSilver will not be held responsible for any potential gains or losses that could have been incurred as a result of the failure to complete an order, regardless of the reason. Certain products may not be available for purchase or sale during extended trading hours. Please refer to the product details in the application for further information.

 

A. Purchasing from GoldSilver. You may purchase precious metals from GoldSilver as an individual, limited liability company, corporation, trust, through your IRA account or through our automatic investment plan using U.S. dollars. All individual purchases are transacted via Goldsilver.com by telephone or e-mail. You acknowledge that prices for precious metals change throughout the day and that the prices charged by GoldSilver reflect real time market prices (prices showed to you may be either fixed or indicative), and therefore all sales are final and cannot be canceled, refunded or returned. Payment in full for orders must be initiated within one (1) business day (a business day is Monday through Friday, Eastern Time Zone, USA on any day on which The Commodity Exchange (the “COMEX”), is open for business) from the date your purchase is confirmed (the "Order Date"). If your payment is not received within eight (8) business days of the Order Date, GoldSilver may implement its Market Loss Policy (as defined below) and shall have the right to apply any amounts in your account against the amount owed to us. Furthermore, you agree that we may charge your credit or debit card and/ or receive compensation for losses resulting from a defaulted order pursuant to our Market Loss Policy. We reserve the right to add or delete payment methods in our sole and absolute discretion with or without notice to you.

 

B. Selling to GoldSilver. You acknowledge that GoldSilver's sellback policy is entirely voluntary and non-exclusive. This means that you may elect to sell products purchased from us to any interested party, including at your sole discretion, back to GoldSilver in accordance with GoldSilver’s Sell to Us - GoldSilver policy. All sales to GoldSilver are transacted via your account with Goldsilver.com, by telephone or e-mail or in the case of precious metals stored with GoldSilver, through the Website. Please note that when you contact us to initiate a sellback of any precious metals that are not in storage with us, you will not have the ability to lock in a price- the price you are quoted will be an estimated price. You will need to send us your precious metals and we will lock in the price and effectuate the sale within one (1) to two (2) business days of our receipt of your metals and our authentication of them. The actual price at which the sale is completed may vary from the estimated price you were first given.  If you initiate a sellback of precious metals that are in storage with GoldSilver, the price quoted to you will be the price at which your precious metals will be sold. All sales are final and cannot be canceled and the agreement shall be binding when the price and type of precious metal(s) have been locked-in by GoldSilver. In the event you breach the agreement, GoldSilver may implement its Market Loss Policy pursuant to this Agreement. The items eligible for sale to us must be a product of like-kind that we carry, in new condition and in increments that we sell at Goldsilver.com. We reserve the right to charge an assay fee to verify the purity and authenticity of the product that may be charged against the final sellback price. When selling to GoldSilver, we will provide you with a "Sellback Contract" which will include any fees that may be associated with selling back and must be completed, with the product shipped, within one (1) business day of the contract's formation and it must be received by GoldSilver within ten (10) business days. If GoldSilver does not receive the product within ten (10) business days and the delay is attributable to the carrier, GoldSilver may extend the deadline, in its sole and absolute discretion. The proceeds from your sellback will be maintained in your account, unless you use those proceeds to complete a new purchase or request that we transmit the funds back to you. If you request that the funds be returned to you, we will provide payment by check or bank wire transfer; bank wire transfers are subject to a one-time transactional fee pursuant to our current policy. Full terms of the agreement are located on Website and are incorporated here by this reference and made a part hereof. We reserve the right to terminate this policy at any time without notice.

 

Customers are solely responsible for the sellback products they ship to us up until we confirm receipt of such products.  GoldSilver is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from GoldSilver. Packages that arrive damaged will be rejected.

 

Without limiting any other legal or equitable rights and remedies that may be available to us, in the event of any failure by you to comply with this Agreement, GoldSilver 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.

 

C. Settlement. Purchases effected through GoldSilver can be paid for in one of two ways. First, a client can elect to deposit sufficient funds on account to cover the estimated cost of the order, including Transaction Fees, which will be disclosed prior to placement of the order. Alternatively, a client can elect to create an account with GoldSilver and make payment as part of the transaction. All funds will be held together in a single GoldSilver custodial account for the benefit of its clients at a U.S. bank of GS’s choice, which may be changed from time to time in GoldSilver’s sole and absolute discretion. Clients have the option of maintaining cash balances at GoldSilver for future purchases.

Upon the confirmation of a purchase order by a client that has funds on deposit with GoldSilver, GoldSilver reserves the right to hold the appropriate amount of these funds for the settlement of the order; however, funds may remain in the account until settlement at a later time (outlined below).

 

In the case of sales, GoldSilver will deposit the proceeds on the client’s cash balance or send a check or wire for net proceeds to the client, as per their instructions.

 

All purchase and sales of precious metals and services will be made in U.S. Dollars.

 

In certain circumstances, physical delivery to GS’s vaulting partners may be delayed due to the transportation requirements of moving Precious Metals; however the title is always transferred on settlement date of the order. Pursuant to the agreement between each Dealer and GoldSilver, the dealers will bear any costs, expenses or liabilities (including replacement costs) if any Precious Metal purchase or sale order is either delayed or not physically delivered after order settlement.

GS will accept client orders 24 hours per day, 7 days per week. However, because the firm only conducts trading 24 hours a day, 5 days a week on days that the COMEX is open for business: (i) final client execution prices for orders placed on weekends or market holidays may vary from the price quoted within the bounds of the execution buffer, if any, quoted at the time of order confirmation; and (ii) orders may be subject to suspension or full or partial cancellation as detailed below.

 

Trade dates and hours during which transactions will be executed can be found here Trading Hours

 

D. Transaction Fees. The price of any precious metals purchase or sale order will include a transaction fee which will be included in the price shown to you on the trading page and trade confirmation. The transaction fee will be based on the market price of the order and will be used by GoldSilver to cover, among other things, trading, transportation (including costs of insuring precious metals during transport) and other administrative costs.

 

E. Reporting. After each trade, GoldSilver will provide the client with a confirmation detailing the amount of precious metals bought or sold, the total execution price at which the precious metals were purchased or sold and the aggregate settlement amount.

On a monthly basis, GoldSilver will send electronically each client who stores precious metals with us a statement setting forth the value of such client’s holdings, as defined by the closing price of the products back to GoldSilver’s dealers, based on the closing price for the last business day of the preceding month.

The GoldSilver statement will provide a detailed accounting of the holdings and a description of the quantity or fine weight of each bar/coin type held by the client.

 

F. Trade Order Risks. Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of GoldSilver. Therefore, GoldSilver shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond GoldSilver's control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, GoldSilver reserves the right, at our sole and absolute discretion, to refuse or cancel any orders in whole or in part.

 

G. Market Volatility and Extraordinary Circumstances. In the event of extraordinary circumstances, including but not limited to significant market volatility and/or market disruptions, global economic instability, limited or unavailable products or other unforeseen events that affect the market conditions for precious metals and/or financial markets generally, (hereinafter referred to as "Extraordinary Circumstances"), we reserve the right to adjust our pricing and margins or cancel, in whole or in part, any order associated with the purchase, sale and/or delivery of precious metals.

 

Upon the occurrence of any Extraordinary Circumstances, we will promptly notify you in writing, detailing the nature and expected impact of the Extraordinary Circumstance(s). Following the notification, GoldSilver may, at its sole and absolute discretion, adjust the pricing and/or margins for the purchase, sale and/or delivery of precious metals. Such adjustments will reflect the increased costs or risks associated with the Extraordinary Circumstance(s). In such event we will communicate the revised pricing and margins to you within two (2) business days of the initial notification. You shall have the option to accept the revised terms or terminate the agreement without penalty, provided such termination is communicated in writing to GoldSilver within two (2) business days of your receiving the revised terms. This provision shall operate in addition to, and not in limitation of, the Force Majeure clauses contained in Section 17 of this Agreement, and nothing herein shall limit our rights under such clause.

 

H. Export Compliance. Every product that GoldSilver sells is subject to all U.S export laws. No products may be exported to a national or resident of any country to which the U.S has embargoed goods. Additionally, no products may be exported to anyone on the U.S Department of the Treasury's Office of Foreign Asset Control's list of Specially Designated Nationals or the U.S Commerce Department Bureau of Industry and Security's Table of Denial Orders.

 

I. Death. In the event of your death, GoldSilver will require full documentation of your property interest retained by GoldSilver and proof of death. Proof of death must be an official government document issued by the proper legal authority. Upon confirmation of your death, GoldSilver will freeze your account and to the extent required by law, GoldSilver will act in accordance with the instructions delivered to us by the executor or other properly appointed representative of your estate. GoldSilver shall be entitled to collect reasonable fees to provide this service. It is your sole responsibility to ensure that such documentation will be provided for in the event of your death.

 

J. Customer Responsibility For Taxes, Tariffs and Duties. You acknowledge that you are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase from or sale to us, including without limitation any sales tax which may be charged in connection with your transaction. GoldSilver will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is your responsibility to be aware and properly address any taxes, tariffs and duties to which you may be subject by any local, state and/ or federal governments. If you have any questions about taxes, tariffs and duties, you should consult a tax or other professional about your individual circumstances. GoldSilver does not provide advice or recommendations about taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for you to discuss with your tax or other professional.

 

K. Fraud.  We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our sole and absolute 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 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, banks and credit card issuers for fraud investigation.  We fully reserve the right to cooperate with authorities to prosecute offenders of the law.

 

L. Payment Options. GoldSilver requires all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH, whether for purchases, storage fees, delivery fees or any other fees which may be assessed. All such fees will be displayed when executing the appropriate action.  GoldSilver reserves the right to add or remove payment types in its sole and absolute discretion. GoldSilver does not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, GoldSilver reserves the right to request additional documentation for certain orders.  GoldSilver also reserves the right to hold cleared 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, ACH or money orders may be held up to forty-five (45) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize GoldSilver 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 Braintree. You understand and agree that a micro deposit charge may temporarily appear in your pending transactions when you process an order through GoldSilver’s third-party payment processors. This temporary charge will be voided. GoldSilver will not be held liable for any overdraws that may occur because of the micro deposit charge. You understand and agree that GoldSilver will not be held liable for any user’s failure to complete a transaction entered through the Website.

 

GoldSilver expressly reserves the right to refuse or cancel any order, in whole or in part, for any reason, at its sole and absolute discretion, regardless of payment method and price confirmation. In the instance of an insufficient funds paper check payment, GoldSilver reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.

 

M. Taking Personal Possession of Precious Metals.  Once your order ships, you will receive an email with a tracking number. Please note that in some cases it may take 24-48 hours for tracking to begin.

 

All shipments are fully insured for full replacement value, and we require that all shippers obtain the recipient’s signature as a condition of delivering the precious metals. However, not all delivery persons follow their instructions and may leave the package without obtaining the recipient’s signature. You acknowledge and agree that GoldSilver will not be liable in the event that the shipper delivers the package without obtaining a signature. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this Section. However, once a package is shown to be delivered by the carrier, our responsibility ends.

 

It is important you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note that if you use one of these locations as the shipping address, we are not responsible. In addition, if the carrier returns the package to sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return to sender process. This includes the package not making it back to our distribution center, damage or missing contents, etc. Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.

 

Delivered but not Received – Please note that GoldSilver will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to GoldSilver within two (2) calendar days of recorded delivery, or else we may deny any claim. GoldSilver reserves the right to charge a reshipping fee.

 

Lost in Transit – Lost in Transit is defined for the USPS as tracking not having updated in five (5) or more calendar days. For UPS & FedEx, it is three (3) calendar days. You must contact us within three (3) calendar days of most recent tracking for USPS, UPS & FedEx. If you do not contact us within this timeframe, insurance will not cover the package.

 

Missing or Damaged Contents – This is defined as packages that arrive to you with missing items, wrong items, or damaged items.  If any package appears damaged upon delivery you should refuse to accept the package. You must notify us within forty-eight (48) hours of the delivery timestamp on the tracking. Failure to do so will result in loss of insurance coverage.

 

For any of these issues, GoldSilver assumes responsibility to pursue any claim with the insurance company; provided that 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 within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our sole and absolute discretion.

 

N.  Taxpayer ID Information

U.S. clients will be required to provide a Social Security Number or Tax Identification Number to GoldSilver as part of the account opening and account maintenance process. Each client will be required to certify, under penalty of perjury, that:

• The Social Security Number or Taxpayer ID number shown on its application form is its correct taxpayer identification number (or it is waiting for a number to be issued to it);
• It is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified it that it is no longer subject to backup withholding;
• It is a U.S. citizen or other U.S. person; and
• The FATCA code(s) entered on its application form (if any), indicating that it is exempt from FATCA reporting is correct.

 

6. CANCELATIONS, REFUNDS & MARKET LOSS POLICY

Upon placing an order to purchase or sell with GoldSilver, including without limitation any sellback of any product, you have entered into a binding and legally enforceable agreement with GoldSilver and your order is final and cannot be canceled.

 

Should you fail to meet your obligation, whether purchasing from or selling to GoldSilver, you will forfeit any deposit made on the transaction. 

 

Further, we may at our sole and absolute discretion redeem the products or reverse the order at then current market prices. You shall be responsible for any losses suffered by GoldSilver, all additional charges arising as a result of the redemption, and a single Redemption Fee of up to four hundred and seventy-five United States dollars ($475.00 USD) per transaction.

 

If you make a payment via bank wire, check, or any other manual method that requires a security deposit/hold, and less funds than are due arrive because of fees charged by your bank or other error or omission not the fault of GoldSilver, and the amount which is received by GoldSilver net of such charge/error is less than that due by under $100 USD, then you authorize us to charge the security deposit method for the remaining balance due to complete the transaction without further notice to you. We reserve the right to require a security deposit in other circumstances as well and to hold the security deposit until we are paid in full for the applicable transaction and any and all fees related thereto.

 

Without limiting any other rights and remedies available to GoldSilver, you authorize GoldSilver to deduct any losses, additional costs and/or the Redemption Fee from your account, or to charge these payments to the credit or debit card used to secure your order. If you do not have a positive balance in your account, and we are unable to charge a credit or card successfully, you agree to make this payment to GoldSilver immediately upon receipt of an invoice or other written notice from GoldSilver. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. Any market gains at the time of redemption shall remain the sole property of GoldSilver.

 

Without limiting any other legal or equitable rights and remedies that may be available to us, we 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 GoldSilver may have to you.  GoldSilver 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 us.

 

7. STORING PRECIOUS METALS

Storage options available through GoldSilver are only available for bullion products sold by us. If you would like to store your metals with us, you can choose that option and select a vaulting location at the time you make your purchase. GoldSilver will charge you a fee to store your metals with our storage providers and we will share a portion of the fee we receive from you with the applicable storage provider. In the event GoldSilver needs to change storage providers for its Master/Sub-Accounts, you will be notified of the new storage provider location within 30 calendar days. GoldSilver reserves the right to hypothecate any of the metals you store with us, with or without notice to you.

 

Precious Metals purchased for storage through GS will be stored by a third party internationally recognized service provider selected by GS. Vaulting Partners are subject to change without notice or may be added in the future. Precious Metals stored in any vault are under 24-hour surveillance and are visually inspected on a regular basis by independent auditors. The auditors will count each bar and confirm by serial number, if applicable, or by the number of bars/coins in the vault.

 

You are solely responsible for the storage of your metals. We recommend you exercise caution and discretion when deciding on your method of storage. GoldSilver assumes no responsibility after good delivery of 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 listed on our Website.

Clients who store their precious metals through GoldSilver will be charged a storage fee on a periodic basis, in arrears. The Storage Fee will begin to accrue upon the settlement of a purchase and will stop accruing on the settlement date minus one for sales.

 

The amount of the storage fee will be charged in basis points and will be calculated by using the aggregate of the daily accrual of the client’s settled holdings, as follows: storage fee = (Daily Valuation * Basis Points)/Number of days in the year the precious metals are in storage). The value of a client’s precious metal holdings for each day will equal the client’s holdings at the closing of business at the average closing bid price for such day or the last day that such price was available for weekends and business holidays.

 

The storage fee will be used to cover GoldSilver’s overhead expenses, including, without limitation, all expenses incurred in connection with the storage, security, insurance, and verification of Precious Metals (including fees and expenses paid to the vaulting partners and the auditors, expenses associated with preparing reports and valuations, legal expenses, and other operating expenses of GoldSilver).

 

In the event that you are delinquent on your storage accounts, i.e. storage fees have not been paid up to date, GoldSilver will notify you of your obligation to pay for storage. Where an account is at least 90 days past due, we are entitled to liquidate metals as necessary to cover the amount owed by you, and/or cancel and liquidate the account in its entirety (with balance to be maintained in US Dollars, bearing no interest, until such time as it can be returned). If we need to redeem any of your metals for any reason, whether for unpaid storage fees or otherwise, we will charge you a fee of 2.5% of the dollar amount of the metals redeemed, in addition to the amount required to pay in full all of your outstanding obligations.

 

8. THE GOLDSILVER INSIDER PROGRAM

The GoldSilver Insider Program provides qualifying Insider Program Members, for the life of the account, with exclusive access to non-personalized educational information, selected insights into the current precious metal strategies being executed by Mike Maloney, and exclusive discounts on GoldSilver and third-party products.

All information, strategies or communications made through the GoldSilver Insider Program are for informational purposes only and participants in the GoldSilver Insider Program reaffirm the acknowledgements, representations, warranties and absence of a personal financial relationship or fiduciary relationship pursuant to this Agreement.

Access to the GoldSilver Insider Program will automatically be granted to a GoldSilver registered user who meets one of the following requirements, subject to change without notice, as currently published, at any time over the life of the account:

1. Purchase at least 500 ounces of silver through GoldSilver; or,
2. Purchase at least 10 ounces of gold through GoldSilver.

Pursuant to the terms of registration, you agree not to share your user account with any other person. Access to the GoldSilver Insider Program is personal to you and you may not assign any of your rights or obligations under this agreement to anyone. You may not (i) republish, quote, modify, reproduce, duplicate, or distribute copies of any of the information or content made available through the Insider Program; (ii) create derivative works from Insider Program content; (iii) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Insider Program information or content available to any third party. You acknowledge that any unauthorized use of GoldSilver's Insider Program content and offers is strictly prohibited and that such unauthorized use will cause substantial economic damage and losses to GoldSilver. All content is copyrighted by GoldSilver and protected by domestic and international copyright laws. All rights reserved. GoldSilver reserves the right to modify or terminate the GoldSilver Insider Program in its sole and absolute discretion at any time and without notice.

 

9. NOTICE AND USE OF INTERNET FOR COMMUNICATION

Consistent with the terms of Registration and Privacy, you agree that we may rely on any instructions or communications from your account as authentic and coming directly from you.

 

By providing GoldSilver.com your email address and/or cell phone number, you consent to our using those communication methods to send you service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may use your email address and/or cell phone number to send you other messages, including changes to GoldSilver.com features and special offers. You may also unsubscribe to certain email and/or text communications at any time.

You acknowledge that it is your responsibility to have reliable e-mail and/or cell phone services and that our messages will be transmitted to you without interference and that you will not attempt to circumvent receipt of any communications. We are entitled to rely on your receipt of messages from us; and that any future access of the GoldSilver.com Website, GoldSilver products, services or contact with GoldSilver shall constitute acceptance of our most current terms. It is your responsibility to update us for any changes to your email and/or cell phone number and to ensure that any communications from us will be received by you.

 

10. CODE OF CONDUCT

Using the GoldSilver.com Website or any of GoldSilver's products or services, you agree not to: (a) restrict or inhibit any other visitor or member from using any GoldSilver.com product or service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the GoldSilver.com Website; (b) use the GoldSilver.com Website or any GoldSilver.com product or service for any unlawful purpose; (c) express or imply that any statements you make are endorsed by us, without our prior written consent; (d) transmit (i) any content or information that violates any law or regulation or is fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (ii) any material, non-public information about companies without the express prior written authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); (e) engage in spamming; (f) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (g) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the GoldSilver.com Website; (h) remove any copyright, trademark, or other proprietary rights notices contained in the GoldSilver.com Website; (i) "frame" or "mirror" any part of the GoldSilver.com web site without our prior written authorization; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any GoldSilver.com product or service or its contents; (k) harvest or collect information about visitors to or members of GoldSilver.com without their express prior written consent; (l) permit anyone without an account or subscription to use any GoldSilver.com product or service through your subscription, user name or password; (m) use any meta tags or any other “hidden text” using the name GoldSilver or any of its Marks or product names; or (n) advertise, offer to sell or sell any goods or services, except as expressly permitted by the Website. While using the GoldSilver.com Website, or GoldSilver products or services you agree to comply with all applicable laws, rules and regulations.

 

11. INTELLECTUAL PROPERTY RIGHTS

All content contained on the GoldSilver.com Website or otherwise provided to you by GoldSilver 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 United States and international trademark and copyright laws. All software used on the GoldSilver.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 (collectively, the "Marks") contained on the GoldSilver.com Website or otherwise used by GoldSilver 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 GoldSilver.com Website, Content and Marks pursuant to the terms of this Agreement. The GoldSilver.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 the GoldSilver.com Website, any Content or any of the Marks; (b) collect and use any product listings, descriptions, or prices used by GoldSilver; (c) make any derivative use of the GoldSilver.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. 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 GoldSilver.

 

You expressly acknowledge that GoldSilver does not guarantee any confidentiality with respect to any submissions of any user generated content you post to our websites. You represent and warrant that any user generated content 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 you are solely responsible for any user generated content you submit to the Website.  GoldSilver 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.  GoldSilver does not guarantee the confidentiality of any user generated content you share through the Website with any third party.

 

GoldSilver reserves the right to remove user generated content without prior notice and may, at its sole and absolute discretion, remove user generated content that it determines, at its sole and absolute discretion, violates the terms and conditions of this Agreement.  GoldSilver 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 and conditions of this Agreement, or for no reason, and without prior notice.

 

12. GOLDSILVER REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

GoldSilver is a precious metals dealer, servicing agent and publisher of information pertaining to monetary history, the global economy, and the precious metals sector, and is not a registered investment advisor, stock broker-dealer or exchange or a futures commission merchant, and is not subject to regulation by the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission or any similar regulatory authority in connection with its activities, except that it is registered as a commodity broker-dealer with the Investor Protection Bureau of the Office of the New York Attorney General. GoldSilver does not act as an investment adviser or a commodity trading advisor and does not provide any investment advice or commodity trading advice. Companies, products, services, newsletters and websites referred to by, or in any communication from GoldSilver are for educational, informational and entertainment purposes only.

 

None of the information contained on this Website or in any other publication by GoldSilver constitutes a recommendation that any particular investment, security, portfolio, transaction or investment strategy is suitable for any specific person. This Website may contain news, information, speculation, rumors, opinions and/or commentary. The information, statements, views and opinions included in these publications are based on sources (both internal and external) considered to be reliable, but no representation or warranty, express or implied, is made as to their accuracy, completeness or correctness, including without limitation, any implied warranties of merchantability, fitness for use for a particular purpose, accuracy or non-infringement. Use of any information obtained from or through this Website is entirely at your own risk. GoldSilver does not moderate, screen or edit any third-party content. Such information, statements, views and opinions are expressed as of the date of publication, are subject to change without further notice and do not constitute a solicitation for the purchase or sale of any investment referenced in this Website.

 

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY INVESTMENTS REFERENCED ON THIS WEBSITE. INVESTING IN PRECIOUS METALS, SECURITIES AND OTHER INVESTMENTS, SUCH AS OPTIONS AND FUTURES, IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE A SUBSTANTIAL AMOUNT, OR EVEN ALL OF YOUR MONEY TRADING AND/OR INVESTING IN ANY SUCH INVESTMENTS. ALL USERS OF THIS WEBSITE ACKNOWLEDGE AND AGREE THEY USE THIS INFORMATION SOLELY AT THEIR OWN RISK, AND THAT NO PERSON OR ENTITY INVOLVED IN THE PUBLICATION OF THIS WEBSITE SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, CLAIMS FOR LOSS OF MONEY, ERRORS, DEFAMATION OR OTHER EXPENSES, RELATING TO ANY PLACEMENT OF CONTENT ON THIS WEBSITE, OR ANY RELIANCE ON ANY INFORMATION CONTAINED HEREIN, OR THROUGH ANY LINKS CONTAINED IN THE SITE.

 

GoldSilver guarantees the quality, condition, and authenticity of all its precious metals. GoldSilver does not, however, make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its precious metals with respect to future prices or any return on investment. GoldSilver will not be liable for any loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, Website, or any other communication from GoldSilver.

 

You agree that your access to and use of GoldSilver.com Website and the Content available through GoldSilver.com is on an "as-is", "as available" basis. GoldSilver and its subsidiaries, affiliates, members, managers, officers, employees, agents, information providers and contributors and licensors (the "GoldSilver.com parties") specifically disclaim any representation or warranty, express or implied, including, without limitation, any representation or warranty of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, the GoldSilver.com parties do not warrant that the Content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Your use of GoldSilver products or services, the materials on the GoldSilver.com Website and any materials provided through the Website are entirely at your own risk.

 

You acknowledge and agree that the GoldSilver.com parties will not be liable (jointly or severally) to you or any other person as a result of your access or use of the GoldSilver.com Website or any GoldSilver products or services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings or lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or any other theory of liability, even if any of the GoldSilver.com parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. You agree that the maximum liability of the GoldSilver.com parties for all damages, losses, and causes of action under this Agreement shall be the total amount paid by you, if any, for access to any GoldSilver products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

13. LINKS AND OTHER WEBSITES

Our products and services may contain links to other Internet websites or resources. Furthermore, other Internet websites or resources may link to our products and services. GoldSilver neither controls nor endorses such other websites, nor will it review or approve any content that appears on such other websites. If you choose to follow a link to another web site, the terms of service and privacy policy of that website, not the GoldSilver.com Website, apply. You acknowledge and agree that GoldSilver shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

 

14. INDEMNIFICATION

You agree to indemnify, defend and hold GoldSilver and all of its affiliates, officers, managers, members, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees and the costs of investigating any claim), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct in Section 10 hereof; (b) any allegation that any materials that you submit to us or transmit to our Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with any GoldSilver products or services; (d) content you provide to the Website or otherwise transmit or obtain through the products and/or services; (e) your breach of any representation, warranty or covenant made by you herein; and/or (f) your failure to perform any of your obligations contained in this Agreement.

 

If you are obligated to provide indemnification pursuant to this provision, GoldSilver 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 GoldSilver’s express prior written consent.

 

You hereby agree to release GoldSilver  and all of its affiliates, officers, managers, members, employees and agents 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.

 

15. CHOICE OF LAW; CONSENT TO JURISDICTION; STATUTE OF LIMITATIONS

This Agreement, and any issues or disputes arising out of, relating to, or in any manner in connection with it (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to its conflict of laws principles. Any litigation arising out of, under or in connection with this Agreement shall be brought and maintained exclusively in the courts of the State of New York or in the United States District Court for the Southern District, located in the Borough of Manhattan, New York. Each party hereby expressly, unconditionally and irrevocably submits to the exclusive jurisdiction of such courts. Each party hereby further irrevocably consents to the service of process by registered mail, postage prepaid, or by personal service within or without the State of New York, and hereby expressly and irrevocably waives, to the fullest extent permitted by law, any objection it may now or hereafter have to (i) the laying of venue of any such litigation brought in any such court, (ii) any claim that any such litigation has been brought in an inconvenient forum, and (iii) a jury trial.

 

You hereby acknowledge and agree that regardless of any statute or law to the contrary, you must file any claim or proceeding relating to or arising out of this Agreement within one (1) year after such claim or cause of action accrued, or you shall be barred from bringing such claim or cause of action.

 

16. WINDING-UP OF GOLDSILVER

In the event of a sale, dissolution or other process that requires transfer or liquidation of GoldSilver assets, GoldSilver will act in accordance with the governing law of the applicable jurisdiction. The sale or dissolution of GoldSilver does not affect your agreement with your storage company unless you are given notice otherwise.

 

17. FORCE MAJEURE

You acknowledge and agree that if GoldSilver cannot provide any products or services as a result of any event that is beyond its control, including, but not limited to, acts of war, acts of terrorism, pandemics, natural disasters, disruptions to shipping and distribution channels, GoldSilver's delay or failure to perform such obligation shall be excused and GoldSilver shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

18. AMENDMENTS

GoldSilver may change the terms of this Agreement or the services or products that it offers to you at any time without notice. You may access this document at any time by selecting the Terms of Use link located on the GoldSilver.com Website. Your use of the GoldSilver.com Website or any of the GoldSilver products or services after changes are made to this Agreement means that you agree to be bound by such changes. As our business changes constantly, this Agreement and other pertinent company policies may change also. You should check our Website frequently to see recent changes.

 

19. GOLDSILVER RIGHTS AND REMEDIES; WAIVER

Upon your failure to comply with your obligations to GoldSilver, GoldSilver shall exercise all of its rights and remedies available, whether at law, in equity or otherwise, as set forth in this Agreement. Without limiting its rights and remedies, GoldSilver may, at its sole and absolute discretion, suspend, terminate or turn your account over to a collection agency or an attorney for appropriate legal action. Any delay or failure on the part of GoldSilver in exercising its right or remedy shall not constitute a waiver of that right or remedy and no single or partial exercise by GoldSilver of any right or remedy shall preclude other or further exercise of that right or remedy or the exercise of any other right or remedy.

 

20. OTHER LANGUAGE TRANSLATIONS

For Customer convenience, GoldSilver may have this Agreement translated in other languages, however the terms of this Agreement shall be binding according to its interpretation in the English language only. This Agreement in any language other than English is translated in good faith to be as accurate as possible but shall not be binding. Customer acknowledges and agrees that this Agreement has been prepared in English, and therefore the English version shall prevail and be binding even though other language translations may also be prepared.

 

21. SEVERABILITY

This Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any terms of this Agreement are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement and the terms that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

 

22. ASSIGNMENT

You may not assign this Agreement or any of your rights or your obligations under this Agreement without the prior written consent of GoldSilver, which may be granted or withheld by GoldSilver in its sole and absolute discretion. This Agreement shall be binding on all permitted assigns and successors of you and GoldSilver.

 

23. TERMINATION

You or GoldSilver may terminate this Agreement, with or without cause, at any time by written notice to the other party. The termination shall not affect the rights or obligations of you and GoldSilver with respect to the period prior to termination.

 

24. INTEGRATION

This Agreement contains the final and entire agreement between you and GoldSilver regarding your use of GoldSilver.com Website and all GoldSilver-managed products or services and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements between you and GoldSilver.

 

By checking the box below acknowledging that a client has read this Agreement in full and consents to be bound by all of the terms hereof, each client is also acknowledging that it has read in full and consents to be bound by all of the terms of GoldSilver’s Privacy Policy. GoldSilver reserves the right to change any of the terms of this Agreement at any time without prior notice to client, and any such changes will be effective upon client and its account(s) five (5) business days from its posting. Client’s continued use of services and products following any such modification constitutes its acceptance of any such changes to this Agreement.