[Effective as of May 3, 2012]
By using and placing an order for products through the JMBullion.com website (the “Website”), you agree to the terms and conditions set for the below (the “Terms and Conditions”). The Terms and Conditions is a legally binding agreement made by and between JM Bullion, Inc. (“JM Bullion,” “our,” “we” or “us”), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from JM Bullion, making sales to JM Bullion, and placing orders with JM Bullion.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH JM BULLION. JM BULLION STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
By purchasing from, making sales to or ordering from JM Bullion, whether by telephone, through the Website or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
Please direct any legal questions to:
Attn: Legal Dept.
JM Bullion, 1813 Olde Homestead Lane #11088, Lancaster, PA, 17605
1. Purchase, Sales, and Order Policies and Procedures.
You may make purchases, sell to, and order from JM Bullion only in accordance with these Terms and Conditions and accompanying policies and procedures.
Upon placing an order to purchase or sell with JM Bullion, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by JM Bullion within one (1) business day for bank wire orders. All check orders must be postmarked for delivery within two (2) business days. If a check payment is not received in its entirety within ten (10) calendar days of the original order, a $35.00 cancellation fee will be assessed to the credit or debit card used for initial down payment, in addition to any market losses between the order date and time of non-payment.
A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame.
If any order is in error, due to JM Bullion’s fault or otherwise, we reserve the right to cancel the order.
When selling to JM Bullion the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at JM Bullion’s current purchase price. Sales to JM Bullion must be shipped within one (1) business day and you must contact JM Bullion via email at email@example.com or telephone at 800-276-6508 to provide a tracking number so that we can confirm that the product is en route. All products must be received by JM Bullion within five (5) business days, else the customer will be charged any Market Losses as well as a $35 cancellation fee. If JM Bullion does not receive the product within five (5) business days but the delay is attributable to the carrier, JM Bullion may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to JM Bullion, in the event of any failure by you to comply with these Terms and Conditions, JM Bullion may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions.
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.
Automatic Investment Program. You may enroll in JM Bullion’s “Automatic Investment Program (“AIP”). The AIP provides you an automated option where you may specify the amount you would like to invest and the products you are interested in purchasing, on a weekly, bi-weekly, or a monthly basis. BY ENROLLING IN THE AIP, YOU EXPRESSLY AUTHORIZE JM BULLION TO CREATE AND BILL ORDERS IN YOUR NAME AUTOMATICALLY AND CONTINUOUSLY, AT REGULAR WEEKLY, BI-WEEKLY, OR MONTHLY INTERVALS BASED UPON AND CALCUATED BY REFERENCE TO THE DATE OF YOUR AIP ACCOUNT CREATION DATE, UNTIL YOU CANCEL.
Pricing for the AIP shall be determined at the time of investment creation. For example, “spot price plus $X.XX per ounce and/or spot price plus $X% per ounce.” By enrolling in the AIP, you are creating a contract with JM Bullion to purchase certain products at fixed premiums over spot price at predetermined intervals of time.
Spot price is indicated as the spot price of one troy ounce of gold or silver at the time of order creation related to an AIP. Spot price will fluctuate during each interval of the AIP, so the pricing of your products will change accordingly. Your premium over spot price (as a fixed dollar and/or percentage amount) remains the same for the length of the AIP. JM Bullion does reserve the right to change premiums over spot price as necessary, but will notify customers promptly and offer the option to either continue with the AIP at the new premiums or to cancel the AIP at no charge.
Your order will be automatically created on the date of each interval at 12:00 PM EST. You will purchase/receive the maximum quantity of products afforded while remaining under your “Investment Maximums”. You will receive varying quantities of products each interval as spot prices fluctuate over time.
The amount you will be billed each interval will vary as the spot prices fluctuate. You will be billed varying amounts each interval, not to exceed your “Investment Maximums” for each product. By setting the investment maximum for each product, you assure that your billing method will never be charged more than your desired maximum excluding shipping charges.
Shipping methods and charges are entirely dependent on the order size: orders of $99.99 or less receive First Class USPS shipping for $5.95, orders of $100 to $2,499.99 receive Priority USPS shipping for $9.95, and orders of $2,500+ receive free UPS Ground shipping. All of these prices include full insurance.
Once an AIP has been created, subsequent automatic orders are subject to the same Terms and Conditions laid out on this page for normal, one time-only orders, including our cancellation policy, our return policy, our Market Loss policy, our payment policy, and any other relevant Terms and Conditions.
TO CANCEL YOUR PARTICIPATION IN THE AUTOMATIC INVESTMENT PROGRAM AND TERMINATE AUTOMATIC BILLING, YOU MUST CONTACT US VIA TELEPHONE BY CALLING 800-276-6508 OR VIA EMAIL AT SUPPORT@JMBULLION.COM PRIOR TO THE DATE OF YOUR REGULARLY BILLING INTERVAL DATE. UPON RECEIPT OF YOUR CANCELLATION REQUEST, YOU WILL NOT BE BILLED ANY FURTHER. THERE ARE NO CANCELLATION FEES, PROVIDED YOU CANCEL BEFORE THE CREATION OF YOUR NEXT AUTOMATIC INVESTMENT.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
2. Payment Options
JM Bullion requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or money order. Depending upon the amount of an order, JM Bullion reserves the right to request additional documentation for certain credit card orders. JM Bullion also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize JM Bullion to authorize and capture your credit card payment prior to shipment.
JM Bullion expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
3. Payment Instructions
JM Bullion will issue payment instructions to you during the ordering process and via email following completion of your order. JM Bullion does not accept Cash on Delivery orders. JM Bullion reserves the right to cancel orders where payment is not dated within one (1) business day for bank wire orders or two (2) business days for paper check orders.
4. Cancellation Policy
Once you have placed an order with JM Bullion you have entered into a binding legal agreement. All prices are guaranteed upon issuance of an “order number,” regardless of whether you are selling to or purchasing from JM Bullion. All order cancellation and/or offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM EST. JM Bullion reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Cancellations may only be approved over the telephone, at which time JM Bullion shall provide you with a cancellation number.Some cancellations are subject to our market loss policy, described below, plus a $35.00 (USD) cancellation fee or 1% of the total transaction, whichever is greater. As applicable, if any market loss to JM Bullion has occurred, it will be added to the $35.00 or 1% order total cancellation fee. In the event of market loss, you expressly authorize JM Bullion to automatically bill the credit or debit card on file. Alternatively, in the event that your credit or debit card is denied, JM Bullion may invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any market loss is paid, in full. Any and all market gains on cancellations shall belong solely to JM Bullion.
For cancelled orders, $35.00 or 1% of the order total, whichever is greater, plus any and all market losses will be charged. Only the remaining balance will be refunded. If there is any market loss between time of order and time of cancellation, the difference is to be paid per our Market Loss Policy with all bank wire and check payments. Orders must be cancelled within twenty-four (24) hours.
JM Bullion reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders JM Bullion deems questionable or suspicious, for orders JM Bullion deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when JM Bullion does not receive payment within the allotted timeframe.
JM Bullion is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. JM Bullion will contact you directly to notify of cancellation.
5. Return Policy
JM Bullion’s refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify JM Bullion’s Customer Service Department via telephone at 800-276-6508 within five (5) business days from the date that you receive the item and follow the instructions provided to you, at that time. Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs. JM Bullion may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, JM Bullion expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to JM Bullion’s Market Loss Policy. A five percent (5%) restocking fee applies to any returned or exchanged items that were purchased via credit card. Any and all market gains on refunds, returns, and exchanges shall belong solely to JM Bullion.
6. JM Bullion Market Loss Policy
Upon issuance of an order number following a purchase from JM Bullion, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at JM Bullion’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which JM Bullion sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy, in addition to a $35.00 (USD) cancellation fee. Market gains on cancellations or returns shall remain the property of JM Bullion.
Upon issuance of an order number following a sale to JM Bullion, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at JM Bullion’s current asking price. The deficit between the price at which JM Bullion bought the item from you and the offsetting purchase price is solely your responsibility if JM Bullion does not receive the item. That amount will be charged to you, plus a $35.00 (USD) cancellation fee. Market gains on cancellations shall remain the property of JM Bullion.
Without limiting any other legal or equitable rights and remedies that may be available to JM Bullion, JM Bullion may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that JM Bullion may have to you. JM Bullion also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to JM Bullion.
Shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package requires a signature upon delivery. JM Bullion fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, JM Bullion assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that JM Bullion will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address.
8. Export Compliance
Each product that JM Bullion sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
Either JM Bullion or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of JM Bullion or you with respect to the period prior to the date of termination.
10. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of JM Bullion. You, and not JM Bullion, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to JM Bullion that you have sufficient experience and knowledge to make informed financial decisions and that JM Bullion is not making any recommendation with respect to such purchases and/or such sales.
11. Disclaimer of Warranties
JM BULLION PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. JM BULLION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. JM BULLION MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
Disclaimer of Forward Looking Statements. THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT JM BULLION’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF JM BULLION’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JM BULLION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
12. Limitation of Liability
JM BULLION SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE JM BULLION ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE JM BULLION ONLINE ORDER ENTRY SYSEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. JM BULLION SHAL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, JM BULLION SHALL NOT BE RESONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYIND JM BULLION’S REASONABLE CONTROL. JM BULLION SPECIFICALLY DISLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE JM BULLION ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13. Indemnity and Release
You agree to defend, indemnify and hold JM Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty me by you to JM Bullion, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, JM Bullion may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without JM Bullion’s consent.
You are hereby agreeing to release the JM Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and JM Bullion is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
15. No Waiver
Upon your failure to comply with your duties and obligations to JM Bullion, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of JM Bullion in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by JM Bullion of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with these Terms and Conditions, you expressly authorize and grant to JM Bullion the right to charge your credit card for any and all market losses incurred by JM Bullion, including, without limitation, cancellation fees for accepting your orders to either buy from or sell to JM Bullion as a result of price and market fluctuations for which you did not fulfill.
16. No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of JM Bullion. Such consent may be granted or withheld by JM Bullion at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and JM Bullion.
17. Force Majeure
You acknowledge and understand that if JM Bullion and/or the Website are unable to provide the products and/or services as a result of a force majeure event, JM Bullion and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of JM Bullion and/or the Website. JM BULLION SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
18. Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services.
You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in these Terms and Conditions. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the JM Bullion name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against JM Bullion with respect to these Terms and Conditions and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Lancaster, PA in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, JM Bullion will have the right to seek injunctive or other equitable relief in state or federal court located in Lancaster, PA to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of PA, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that JM Bullion takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by JM Bullion, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by JM Bullion to carry out these Terms and Conditions.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and JM Bullion and governs your use of the Website, superseding any prior agreements.
22. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Copyright © 2012 JM Bullion LLC