Legal
Patriot Act Compliance. The seller and the buyer hereby jointly declare to each other that the product offered herein for sale and the origin of the funds used for the purchase of the product do not contain the “Drug Trafficking offenses Act 1989, the Criminal Act, 1988, the prevention of Terrorism (Temporary Provision) Act, 1989, the Criminal Justice (International Co-operation) Act, 1990, the Criminal Justice Act 1993 and the Money Laundering Regulations, 1993 or any other illegal or criminal activities. And accordingly, each party to this contract indemnifies the other against any such allegations in the future.
Disclaimer: Security and Confidentiality of Facility Location
This contract pertains to the services agreed upon between Golden Atlantic Minerals LLC and the undersigned party. For security reasons, Golden Atlantic Minerals LLC has chosen not to publicly disclose the physical address of our facility. We take this measure to safeguard the well-being of our clients, and the security of our operations.
Delivery of Contract:
Upon the initiation of a serious inquiry and the mutual agreement to proceed, the final contract documents, including our office address for correspondence, will be securely delivered to the undersigned party.
Security Measures Compliance:
The Buyer agrees to comply with all security measures, protocols, and guidelines provided by Golden Atlantic Minerals LLC. Failure to adhere to these measures may result in legal action, if necessary.
By signing this contract, the undersigned party acknowledges the importance of these security measures and agrees to respect the confidentiality of Golden Atlantic Minerals LLC facility location.
SAMPLE CONTRACT
PRIVATE GOLD FUTURES SALE AND PURCHASE CONTRACT
This Private Gold Futures Sale and Purchase Contract is entered into by and between the undersigned, Golden Atlantic Minerals LLC. , A mining company Registered & Operating in the State of Arizona, United States of America, With Corporate identification number: ID#. 23155165, From Hereinafter Referred to as GAM, Represented by its Director, ________________________, with identification document:__________________-, Citizen of the United States of America. E Mail: goldenatlanticminerals@usa.com, from here on referred to as, “Seller”. And Mr. / Mrs. ______________________, with identification number:_______________-. Citizen of ___________________________, Hereinafter referred to as “Buyer”. This Contract is effective as of this, ___________(__) day of ____________of the year Two Thousand Twenty _______, 202_.
NOW THEREFORE; THE PARTIES AGREE TO THE TERMS AND CONDITIONS AS FOLLOWS:
DEFINITIONS: For the purposes of this Contract, the terms set forth below shall apply to the Sales and Delivery to Private and Business Buyers thru this Private Gold Futures sales and Purchase Contract. Based and guaranteed on all the Gold, Hereinafter Referred to As “Product”. Produced by Golden Atlantic Minerals LLC. Mining Operations.
SPECIFICATIONS: The contract grade for the Gold shall be as per purchase order amounts, meeting all of the requirements specified in the purchaser registration. The designation system is approved by the American National Standards Institute, primarily of minimum 99.99% purity.
SHAPES: Gold tendered against each contract shall conform to one of the following shapes:
(1) Rectangular Bar Weighing
(2) Pyramid shaped Weighing
(3) Round Token Weighing
WHEREAS: The Seller Is a Mining Company Registered under the Laws of the State of Arizona, USA. Dedicated to the Prospecting, Production and Sales of Precious Metals, Metallic and non-Metallic Minerals, with its Own Mining Concessions Operations Contracts In Various Countries, For The Extraction, Processing, Transformation, Smelting, Refining And Commercialization Of Minerals And Precious Metals From Which there Are a Vast Resource Of Minerals Reserves.
WHEREAS: The Seller Offers for Sale Refine and Certified Gold in the Form of Bars, Pyramids, and Tokens WHEREAS: The Buyer Is a Private Buyer Able and Willing to Purchase Product from Seller as per futures sales contract at an Agreed Price based on LMBE Second Closing.
WHEREAS: The Buyer Is Purchasing Gold in the form of Bars From the Seller under This Private Gold Future Contract, With Possible Rollovers and Extensions after the 180 Days maturity Date.
MATURITY: This Private Gold Futures Contract matures in 180 days after the date of Contract Closing. Upon maturity, the Buyer shall exercise one of the following options within seven days before the 180th day:
Option 1: The Buyer may choose to take delivery of the precious metal acquired through the Private Futures Contract, The Seller shall arrange for the secure and insured delivery of the metal to the Buyer’s designated location, subject to applicable shipping and handling fees.
Option 2: The Buyer has the option to sell back the Futures Contract to the Seller on the maturity date at the market price. The Seller will leverage the initial purchase price if it’s below the market price from the initial signed contract closing date, ensuring a fair and transparent transaction at no loss to Buyer.
Option 3: The Buyer may ask for an additional 90-day extension of the Contract. The Buyer shall communicate the chosen option to the Seller within Seven 7 Business days prior to the maturity date. Failure to communicate the preferred option within this timeframe will default to Option 1, where the Seller shall proceed with the delivery of Product.
Option 4: The Buyer can also have the option to safe keep the Product in Gam’s Secure Depository Vaults after maturity date.
PRODUCT: Aurum Utalum (Gold).
QUANTITY: ____________________________.
CONTENT: Certified 99.99% Purity Content.
PRICE: LME, Stock Market Exchange Second Closing.
FORM: ONE Kilogram Bars
PAYMENT TERM: Fifty Percent (50%) Cash payment of value at Contract Closing and the Remaining Fifty Percent (50%) must be canceled on Maturity date. Unless buyer ops for Buy Back as in option 2.
ORIGIN: United States of America.
STORED FACILITY: Golden Atlantic Minerals vaults.
SETTLEMENT PRICE: The settlement price at the close of business on the day the Notice of Intention to deliver is given to the buyer shall be the basis for delivery. The Seller will leverage the initial purchase price if it’s below the market price when the initial signed contract date, ensuring a fair and transparent Transaction at no loss to buyer.
DELIVERY AND PAYMENT: The day the Buyer receives the Gold warrant shall be referred to as “Delivery Day.” The Buyer shall present payment to the Seller in the form of Bank to Bank Swift Transfer. Payment shall be presented before 2:00 PM of Delivery Day.
TERMS OF DELIVERY: Deliveries of the product from the seller will be delivered via Courier Service; the Seller will notify the buyer of the schedule for delivery. All deliveries must be accompanied by the following documents. (i) Commercial Invoice (ii) Airway Bill (iii) Packing list (iv) Assay Report (vi) Certificate of authenticity (vii) Insurance. The Notice of Intention to Deliver is not transferable.
DELIVERY NOTICE DAY: Notice Day shall be the day on which an Allocation Notice and Invoice are issued by GAM to the Buyer. This shall be the business day prior to the Delivery Day. The Allocation Notice shall specify the parties matched for delivery. The Invoice shall specify the name of the Seller, brand, weight, Certificate number, the name of the Buyer, and the price of the Metal of the corresponding Contract. The Allocation Notice and Invoice are not transferable.
DELIVERY DAY: Delivery made in fulfillment of contracts for future delivery shall be deemed a liquidation of the contract. The delivery of Product shall be considered complete when the documents have been delivered to the Buyer, and payment has been received by the Seller. Upon receipt of payment, the Seller shall give the Buyer:
1) A warrant properly endorsed and dated.
2) The corresponding chemical analysis of purity and weight certificate issued.
3) All Gold must be delivered to the Buyer with handling and storage charges paid up to and including the day of delivery.
CHEMICAL ANALYSIS: The Gold produced by GAM smelter for delivery has a valid warrant Certificate. A chemical analysis of the brand designated on the warrant shall accompany each delivery against the contract. This analysis may be: issued by the producer indicating the content. Each Chemical Analysis must certify that the metallurgical assay conforms to specifications as set forth for each piece of Precious Metal represented. The assayer must mark each sow or T-bar with a code that associates the metal with its corresponding Chemical Analysis.
WEIGHT CERTIFICATE: A weight certificate, in a form approved certifying the weight of the entire lot; it shall accompany each delivery against the contract. The weight of each sow or T-bar as specified in the weight certificate shall be binding on all parties.
RECEIPTS: The brand of the Gold, the number of pieces, and such other data as may be required, Receipts shall be lettered and numbered consecutively, and no two receipts shall bear the same sequence of letters and numbers.
PACKING: Delivery package in secured boxes to be inspected and sealed by GAM.
GUARANTEES and WARRANTIES: The Seller hereby guarantees and warrants that he has full access and ownership of Product and that such access and ownership are not subject to any lien, free of encumbrances, charges, or conflicting ownership, a Performance Bond may be applied; The Buyer hereby guarantees and warrants that he has the financial capacity without let of hindrance of any sort to enter into this contract.
NON-CIRCUMVENTION, NON-DISCLOSURE: The parties hereto agree to abide fully by the customary international rules of non-circumvention and non-disclosure as established by the international chamber of commerce (ICC) in Paris. Such non-circumvention non-disclosure shall include but shall not be limited to communication with each other, personal representatives, associated distributors, and information about their transactions to third parties.
FORCE MAJEURE: Seller shall not be liable to Buyer, for any delays or failure to perform its obligations with regards to the operations covered by this contract or otherwise, if the same arise from beyond the reasonable control of the Seller , Acts Of God, weather, flooding, earthquakes, and any others, Casualties Of The Public Enemy, riots, insurrections, embargoes, blockade actions, restrictions, labor disputes, strikes, disturbances, transportation delays, fuel shortages, utility or communication failures, regulations or orders from any government subdivision thereof, these events include cases where normal operations are hindered for technical and/or economic reasons or due to the convergence of negative factors inherent in mining activities in general.
TERMINATION: If the seller fails to supply the product as agreed under this contract in terms of price and delivery period, then the contract may be terminated by the issue of a notice from the buyer to the seller giving the seller 21 days within which to rectify the problem Failure to do which the contract may be terminated without prejudice to the rights of the buyer under the contract.
APPLICABLE LAW & JURISDICTION: Any dispute arising hereof shall be governed by the law of the International Chamber of Commerce (ICC), and the venue shall be determined by both parties.
RESOLUTIONS: Any dispute arising hereof shall first be subjected to arbitration before a mutually acceptable internationally recognized arbitrator, and a party not satisfied with the result of the arbitration. The sale shall be completed when the buyer shall have paid for the first installment of the Gold to the Seller, and the Seller shall have delivered the Futures Contract to the buyer as stated in this contract.
TIME: The period or date specified in this contract shall be deemed to be the agreed time, date, and period for doing any act or anything specified thereof. The Time Zone Stated in this Contract is Mountain Standard Time. All documents must be in the English Language.
JOINT DECLARATION: The seller and the buyer hereby jointly declare to each other that the product offered herein for sale and the origin of the funds used for the purchase of the product do not contain the “Drug Trafficking offenses Act 1989, the Criminal Act, 1988, the prevention of Terrorism (Temporary Provision) Act, 1989, the Criminal Justice (International Co-operation) Act, 1990, the Criminal Justice Act 1993 and the Money Laundering Regulations, 1993 or any other illegal or criminal activities. And accordingly, each party to this contract indemnifies the other against any such allegations in the future.
ENTIRE CONTRACT: This contract contains the entire understandings between the parties in relation to the subject matter except as specifically provided for in this contract, no alteration to its term shall be effective unless it is in writing and signed by the parties.
NOTICE: Any notice required under this contract shall be in writing and will be considered duly served if delivered to the known address or sent via email, registered post, fax, or recorded service to the respective known addresses of the parties involved.
Biometric Data – Index Finger:
The individuals hereby consents to the collection, storage, and processing of their biometric data of the index finger for the stated purpose. The biometric data will only be used for the specified purpose and will not be disclosed to third parties without explicit consent, except as required by law. The individual has the right to access, correct, or request the deletion of their biometric data in accordance with applicable privacy laws.
By providing their biometric data of the index finger, the individual acknowledges and agrees to the terms outlined in this contract regarding the collection and processing of such biometric data.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first above, and below written. This contract shall remain in effect for a period of 180 days from the date of signing and can be renewed and extended upon mutual agreement of the parties.
SIGNATURE OF SELLER
DATE:
SIGNATURE OF BUYER
Disclaimer: Security and Confidentiality of Facility Location
This contract pertains to the services agreed upon between Golden Atlantic Minerals LLC and the undersigned party. For security reasons, Golden Atlantic Minerals LLC has chosen not to publicly disclose the physical address of our facility. We take this measure to safeguard the well-being of our clients, and the security of our operations.
Delivery of Contract:
Upon the initiation of a serious inquiry and the mutual agreement to proceed, the final contract documents, including our office address for correspondence, will be securely delivered to the undersigned party.
Security Measures Compliance:
The Buyer agrees to comply with all security measures, protocols, and guidelines provided by Golden Atlantic Minerals LLC. Failure to adhere to these measures may result in legal action, if necessary.
By signing this contract, the undersigned party acknowledges the importance of these security measures and agrees to respect the confidentiality of Golden Atlantic Minerals LLC facility location.
SAMPLE CONTRACT
PRIVATE GOLD FUTURES PURCHASE CONTRACT WITH VALUABLE ASSETS
SCOPE: At GOLDEN ATLANTIC MINERALS LLC., we recognize the inherent value in the assets owned by our esteemed clients, this Private Gold Futures Purchase Contract with Valuable Assets is designed to offer a comprehensive solution to Clients’ valuable assets, reflecting our commitment to offering flexible, transparent, and empowering opportunities.
THIS PRIVATE GOLD FUTURES PURCHASE CONTRACT WITH VALUABLE ASSETS is entered into by and between the undersigned, Golden Atlantic Minerals LLC. , A mining company registered & operating in the State of Arizona, United States of America, With Corporate identification number: ID#. 23155165, From Hereinafter Referred to as GAM, Represented by its Director, ________________________, with identification document:__________________-, Citizen of the United States of America. E Mail: goldenatlanticminerals@usa.com, from here on referred to as, “Seller”. And Mr. / Mrs. ______________________, with identification number:_______________-. Citizen of ___________________________, Hereinafter referred to as “Buyer”. This Contract is effective as of this, ___________(__) day of ____________of the year Two Thousand Twenty _______, 202_.
NOW THEREFORE; THE PARTIES AGREE TO THE TERMS AND CONDITIONS AS FOLLOWS:
DEFINITIONS: The purposes of this Contract and the terms set forth below shall apply to the Sales and Delivery to Private and Business Buyers, based on all the Gold, hereinafter referred to as “Product” produced by Golden Atlantic Minerals Mining operations.
WHEREAS. The seller is a mining company registered under the Laws of the State of Arizona, USA, dedicated to the production and sales of precious metals, metallic and non-metallic minerals.
WHEREAS. The Seller has its own mining concessions operations contracts in various countries, for the Extraction, Processing, Transformation, Smelting, Refining and Commercialization of precious metals and minerals from which there is a vast resources and reserves.
WHEREAS. The Seller offers for sale refine and certified gold in the form of bars.
WHEREAS. The Buyer is a ______________ (Private or Business) able and willing to purchase product from Buyer as per futures contract sales contract with its own valuable assets.
WHEREAS. The Buyer wishes to purchase product with its valuable assets at an agreed price.
WHEREAS. The Buyer is purchasing Gold in the form of Bars from the Seller under this Private Gold Future Contract.
PRODUCT SPECIFICATIONS: The contract grade for the Product shall be as per purchase order amounts, meeting all the requirements specified in the purchaser registration, primarily of certified minimum 99.99% Gold purity.
ASSET SPECIFICATIONS: Subject to, evaluation and Legal status
ASSET VALUE:
PRICE: LMBE, stock market exchanges second closing.
FULL PURCHASE WITH VALUABLE ASSETS: Upon agreement, the Buyer will make the entire purchase 100% effective using the valuable asset as payment, The Seller acknowledges that the valuation of these asset forms the basis for the Contract’s execution.
MATURITY:
This Private Gold Futures Purchase Contract with Valuable Asset matures in 180 calendar days after the date of purchase. Upon maturity, the Buyer shall exercise one of the following options within seven days before the 180th day:
Option 1: The Buyer may choose to take delivery of the precious metal acquired through the Private Futures Contract, which is equivalent to the appraised value of the Valuable asset stated in the Contract. The Seller will arrange for the secure and insured delivery of the metal to the Buyer’s designated location, subject to applicable shipping and handling fees.
Option 2: The Buyer has the option to receive monetary payment from the Seller on the maturity date at the Gold market price. The Seller will leverage the initial purchase price if it’s below the market price from the initial signed contract closing date, ensuring a fair and transparent transaction at no loss to Buyer.
Option 3: The Buyer can also have the option to safe keep the Product in Gam’s Secure Depository Vaults after maturity date.
The Buyer will communicate his chosen option to the Seller within 7 days prior to the maturity date. Failure to communicate the preferred option within this timeframe will default to Option 1, where the Seller shall proceed with the delivery of Product.
PRODUCT: Aurum Utalum (Gold).
ORIGIN: United States of America.
QUANTITY: ____________________________.
CONTENT: Certified 99.99% Purity Content.
PRICE: LME, Stock Market Exchange Second Closing.
FORM: ONE Kilogram Bars
PAYMENT TERM: One Hundred Percent (100%) of the Valuable based on the appraised value at Contract Closing.
STORED FACILITY: Golden Atlantic Minerals vaults.
SETTLEMENT PRICE: The settlement price at the close of business on the day the Notice of Intention to deliver is given to the buyer. The Seller will leverage the initial purchase price if it’s below the market price from the signed contract date, ensuring a fair and transparent Transaction at no loss to buyer.
TERMS OF DELIVERY: The day the Buyer receives the Gold warrant shall be referred to as “Delivery Day.” Deliveries of the product from the seller will be insured via secure valuables courier service; the Seller will notify the buyer of the schedule for delivery. All deliveries must be accompanied by the following documents. (i) Commercial Invoice (ii) Airway Bill (iii) Packing list (iv) Assay Report (vi) Certificate of authenticity (vii) Insurance. The Notice of Intention to Deliver is not transferable.
DELIVERY NOTICE DAY: Notice Day shall be the day on which an Allocation Notice and Invoice are issued by GAM to the Buyer. This shall be the business day prior to the Delivery Day. The Allocation Notice shall specify the parties matched for delivery. The Invoice shall specify the name of the Seller, brand, weight, Certificate number, the name of the Buyer, and the price of the Metal of the corresponding Contract. The Allocation Notice and Invoice are not transferable.
DELIVERY DAY: Delivery made in fulfillment of contracts for future delivery shall be deemed a liquidation of the contract. The delivery of Product shall be considered complete when the documents have been delivered to the Buyer, or payment has been made by the Seller, the Seller shall give the Buyer:
1) A warrant properly endorsed and dated.
2) The corresponding chemical analysis of purity and weight certificate issued.
3) All Gold must be delivered to the Buyer with handling and storage charges paid up to and including the day of delivery.
CHEMICAL ANALYSIS: The Gold produced by GAM smelter for delivery has a valid Certificate. A chemical analysis of the brand designated shall accompany each delivery against the contract. This analysis issued by the producer indicating the content. Each Chemical Analysis must certify that the metallurgical assay conforms to specifications as set forth for each piece of Product represented. The assayer must mark each T-bar with a code that associates the metal with its corresponding Chemical Analysis.
WEIGHT CERTIFICATE: The weight of each T-bar as specified in the weight certificate will be binding by all parties.
RECEIPTS: The brand of the Gold, the number of pieces, and such other data as may be required, receipts shall be lettered and numbered consecutively, and no two receipts shall bear the same sequence of letters and numbers.
CERTIFICATE OF AUTHENTICITY: The refined Gold produced by Seller for delivery has a certificate of authenticity issued; a code of the brand designated shall accompany each delivery.
PACKING: Delivery package in secured boxes to be inspected and sealed by GAM.
GUARANTEES AND WARRANTIES: The Seller hereby guarantees and warrants that he has full access and ownership of Product and that such access and ownership are not subject to any lien, free of encumbrances, charges, or conflicting ownership, a Performance Bond may be applied; The Buyer hereby guarantees and warrants that the Asset is free and clear without let of hindrance of any sort to enter into this contract.
NON-CIRCUMVENTION, NON-DISCLOSURE: The parties hereto agree to abide fully by the customary international rules of non-circumvention and non-disclosure as established by the international chamber of commerce (ICC) in Paris. Such non-circumvention non-disclosure shall include but shall not be limited to communication with each other, personal representatives, associated distributors, and information about their transactions to third parties.
FORCE MAJEURE: Seller shall not be liable to Buyer for any delays or failure to perform its obligations with regards to the operations covered by this contract or otherwise, if the same arise from beyond the reasonable control of the Buyer, Acts Of God, weather, flooding, earthquakes, and any others, Casualties Of The Public Enemy, riots, insurrections, embargoes, blockade actions, restrictions, labor disputes, strikes, disturbances, transportation delays, fuel shortages, utility or communication failures, regulations or orders from any government subdivision thereof. These events include cases where normal operations are hindered for technical and/or economic reasons or due to the convergence of negative factors inherent in mining activities in general.
APPLICABLE LAW & JURISDICTION: Any dispute arising hereof shall be governed by the law of the International Chamber of Commerce (ICC), and the venue shall be determined by both parties.
RESOLUTIONS: Any disagreement arising hereof shall first be subjected to arbitration before a mutually acceptable internationally recognized arbitrator, and a party not satisfied with the result of the arbitration.
JOINT DECLARATION: The seller and the buyer hereby jointly declare to each other that the product offered herein for sale and the origin of the funds or Assets used for the purchase of the product do not contain the “Drug Trafficking offenses Act 1989, the Criminal Act, 1988, the prevention of Terrorism (Temporary Provision) Act, 1989, the Criminal Justice (International Co-operation) Act, 1990, the Criminal Justice Act 1993 and the Money Laundering Regulations, 1993 or any other illegal or criminal activities. And accordingly, each party to this contract indemnifies the other against any such allegations in the future.
ENTIRE CONTRACT: This contract contains the entire understandings between the parties in relation to the subject matter except as specifically provided for in this contract no alteration to its term shall be effective unless it is in writing and signed by the parties.
NOTICE: Any notice required under this contract shall be in writing and will be considered duly served if delivered to the known address or sent via email, registered post, fax, or recorded service to the respective known addresses of the parties involved.
Biometric Data – Index Finger:
The individuals hereby consents to the collection, storage, and processing of their biometric data of the index finger for the stated purpose. The biometric data will only be used for the specified purpose and will not be disclosed to third parties without explicit consent, except as required by law. The individual has the right to access, correct, or request the deletion of their biometric data in accordance with applicable privacy laws.
By providing their biometric data of the index finger, the individual acknowledges and agrees to the terms outlined in this contract regarding the collection and processing of such biometric data.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first above, and below written. This contract shall remain in effect for a period of 180 days from the date of signing and can be renewed and extended upon mutual agreement of the parties.
SIGNATURE OF SELLER
DATE:
SIGNATURE OF BUYER
Golden Atlantic Minerals, LLC… Terms and Conditions
The Golden Atlantic Minerals, LLC… From now on referred to as GAM and Website; goldenatlanticminerals.com and its associated services and content (collectively “Website”) is owned and operated by GAM (“GAM,” “our,” “we” or “us”). 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 Terms of Use Agreement (is “Agreement”). This Agreement is made by and between GAM 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 GAM, making sales to GAM, and placing orders with GAM. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, 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 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. GAM STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT 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 THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from GAM, 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 regarding this Agreement to:
GAMpreciousmetals@gmail.com
- About the Website
GAM provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone. GAM provides high quality products to its customers by working closely with mints and distributors.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by GAM, GAM contractors and employees, others appearing on the Website at invitation by GAM, or other visitors or users of this Website is solely at your own risk. You understand that GAM is not obligated to provide any maintenance, technical or other support for the Website.
- Ownership of Website and License
You acknowledge and agree that GAM is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, 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 GAM.
GAM hereby grants you a limited, non-exclusive, non-sub licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from GAM, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to GAM.
- Trademarks
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all GAM marks are the property of GAM, including, but not limited to all GAM logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of GAM. You are prohibited from using GAM trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of GAM.
- Account Registration; Order Policies and Procedures; Buy Back Program; Fraud.
Account registration and use of the Website is free. You may search, view, purchase, and sell products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our members, 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, which is hereby incorporated into this Agreement by reference. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control.
You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. 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 that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. GAM reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact GAM immediately. You agree to hold harmless and indemnify GAM for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that GAM, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
You may make purchases, sell to, and order from GAM only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with GAM, 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 GAM within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed.
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 GAM fault or otherwise, we reserve the right to cancel the order.
When selling to GAM through the Buy Back Program, All products sold to GAM must have a minimum Buy Back price sum of $1,000.00, unless otherwise arranged at GAM discretion. Most Buy Back prices will be locked in up front when the costumer’s credit card information is collected. Buy Back prices are calculated based upon the costumer’s good faith representation of the product and the current Spot Prices. However, GAM reserves the right to require product receipt prior to locking in any and all Buy Back prices. Upon receipt of the products, GAM will inspect the products for authenticity, quantity, and condition. If the products are not true to the costumer’s initial representations, GAM reserves the right to make a revised offer or reject the transaction at their discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, the Buy Back may not be cancelled but may be offset at GAM current purchase price.
Buy Back Sales to GAM must be shipped within 1 business day(s) and you must contact GAM via email at GAMpreciousmetals@gmail.com or telephone at (786)806-6245 to provide a tracking number so that we can confirm that the product is en route. Customers are responsible for all costs related to shipping Buy Back products to GAM. All products must be received by GAM within 10 business days; or else the customer will be charged any Market Losses. If GAM does not receive the product within 10 business days and the delay is attributable to the carrier, GAM may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the Buy Back products they ship to GAM up until GAM confirms receipt of such products. GAM is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from GAM.
Without limiting any other legal or equitable rights and remedies that may be available to GAM, in the event of any failure by you to comply with this Agreement, GAM 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.
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.
- Payment Options
GAM requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or money order. GAM does not accept credit card convenience checks. Depending upon the amount of an order, GAM reserves the right to request additional documentation for certain credit card orders. GAM 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 (forty-five) 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 GAM 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 Cyber source and/or PayPal. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through GAM third-party payment processors. This temporary charge will be voided. GAM will not be held liable for any overdraws that may occur as a result of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that GAM will not be held liable for any user’s failure to complete a transaction entered into through the Website.
GAM expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
In the instance of a bounced paper check payment, GAM reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.
- Payment Instructions
GAM will issue payment instructions to you during the ordering process and via email following completion of your order. GAM does not accept Cash on Delivery orders. GAM reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.
- Cancellation Policy
Once you have placed an order with GAM you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to GAM) at GAM current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM EST. GAM reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time GAM shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize GAM to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price. Alternatively, in the event that your credit or debit card is denied, GAM reserves the right to 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 cancellation and other related fees are paid in full. Any and all market gains on cancellations shall belong solely to GAM.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged.
After GAM has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees upon return.
GAM 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 GAM deems questionable or suspicious, for orders GAM deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when GAM does not receive payment within the allotted timeframe.
GAM 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. In the event of a cancelled order GAM will contact you directly with notification of the cancellation.
- Return Policy
GAM refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify GAM Customer Service Department 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. GAM may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, GAM 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 GAM Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to GAM.
- JM Bullion Market Loss Policy
Upon issuance of an order number following a purchase from GAM, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at GAM current asking price. If your item is cancelled, you are responsible for any deficit between the price at which GAM sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy. Market gains on cancellations or returns shall remain the property of GAM.
Without limiting any other legal or equitable rights and remedies that may be available to GAM, GAM 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 GAM may have to you. GAM 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 GAM.
- Shipment
Although most orders are shipped within one business day, in extreme circumstances 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 over $1000 requires a signature upon delivery. GAM 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 forward your package or leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, GAM assumes responsibility to pursue any claim with the insurance company; provided, however, 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. 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 GAM 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. Any issues or problems with a shipment MUST be reported within 2 business days; or else GAM may have to refute any claims.
- Export Compliance
Each product that GAM 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.
- User Generated Content
GAM may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that GAM does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant GAM a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that 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 that you are solely responsible for any User Content that you submit to the Site. JM Bullion 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. JM Bullion does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
GAM reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. GAM 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 of this Agreement, or for no reason, and without prior notice.
- Termination
Either GAM or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of GAM or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to GAM will result in termination of services as deemed appropriate by GAM.
- Section 230 of the Communications Decency Act
You acknowledge and agree that GAM is an interactive computer service provider under Section 230 of the Communications Decency Act. Though GAM may edit, remove, or control the content displayed through the Website, you agree that GAM will not be considered an information content provider and will not be held liable for the republication of defamatory or tortuous content created by third parties, whether through the Website or otherwise.
- Disclaimers, Exclusions and Limitations
CAUTION: All investments involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of GAM. You, and not GAM, 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 GAM that you have sufficient experience and knowledge to make informed financial decisions and that GAM is not making any recommendation with respect to such purchases and/or such sales.
- Disclaimer of Warranties
GAM PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAM 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. GAM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
GAM WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. GAM IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. GAM RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
GAM WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT GAM 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 GAM CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAM 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.
- Limitation of Liability
GAM SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE GAM 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 GAM ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. GAM SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, GAM SHALL NOT BE RESPONSIBLE 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 BEYOND GAM REASONABLE CONTROL. GAM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE GAM ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GAM IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
- Indemnity and Release
You agree to defend, indemnify and hold GAM 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 this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to GAM, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, GAM 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 GAM consent.
You are hereby agreeing to release the GAM 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.
- Relationship
The sole relationship between you and GAM 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.
- No Waiver
Upon your failure to comply with your duties and obligations to GAM, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of GAM 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 GAM 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 this Agreement, you expressly authorize and grant to GAM the right to charge your credit card for any and all market losses incurred by GAM, including, without limitation, administrative fees for accepting your orders to either buy from or sell to GAM as a result of price and market fluctuations for which you did not fulfill.
- No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of GAM. Such consent may be granted or withheld by GAM at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and GAM.
- Force Majeure
You acknowledge and understand that if GAM and/or the Website are unable to provide the products and/or services as a result of a force majeure event, GAM and/or the Website will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of GAM and/or the Website. GAM 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.
- Warranties, Representations, and Restrictions of Website Use
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information that you provide to GAM and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use 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 this Agreement or otherwise, except as expressly set forth in this Agreement. 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 this Agreement. 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 GAM 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 this Agreement.
- Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement
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 GAM with respect to this Agreement 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 Miami, Florida 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 this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, GAM will have the right to seek injunctive or other equitable relief in state or federal court located in Miami, Florida 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. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles.
BY ENTERING INTO THIS AGREEMENT, 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 THIS AGREEMENT 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 GAM takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and the expenses incurred by GAM, 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 GAM to carry out this Agreement.
- Severability
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.
- Entire Agreement
This Agreement constitutes the entire agreement between you and GAM and governs your use of the Website, superseding any prior agreements.
- Integration
GAM hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind GAM.
- 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.
- Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and GAM will not knowingly collect personally identifiable information from children under the age of eighteen (18). If GAM inadvertently collects such personally identifiable information, GAM will delete the personally identifiable information in accordance with its security protocols.
- Reservation of Rights
All rights not expressly granted herein are reserved to GAM.
- Privacy
Use of this Website is subject to the terms of our privacy policy, which is hereby incorporated into and made part of this Agreement. 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.
Golden Atlantic Minerals LLC. Privacy Policy
Golden Atlantic Minerals.LLC from now on referred to as GAM, “goldenatlanticminerals.com”; its related services and products (“Website”); and GAM App (“App”) are owned and operated by Golden Atlantic Minerals.LLC ,. (“GAM” “our,” “we” or “us”). GAM is committed to respecting and protecting the privacy and security rights of users and the information you share with us at the GAM Website. GAM created this Privacy Policy to provide you with assurance of GAM commitment to fair information practices and to the protection of your privacy as you visit and use the Website. This Privacy Policy explains what we do with your information and what you can expect from us. By using the Website, you indicate your acceptance of this Privacy Policy.
GAM data collection and retention practices are designed to provide transparency, accountability and choice regarding the management and use of your personal information. If you have questions or complaints regarding our Privacy Policy or practices, please contact us via e-mail at goldenatlanticminerals@gmail.com. You may also obtain support by calling (786)806-6245.
This Privacy Policy is only applicable to this Website and not to any Websites of third parties, which may have data collection, storage and use practices and policies that differ from this Privacy Policy. You should consult privacy policies for all other sites, as we have no control over information submitted to or collected by such third parties.
GOLDEN ATLANTIC MINERALS.LLC MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT GAM CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOU’RE CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
- PERSONAL INFORMATION WE COLLECT
GAM collects some information that is personal (i.e., information that identifies an individual either alone or in combination with other data). GAM also collects non-personal information that does not, on its own, identify an individual person. When non-personal information is combined with other information so that it does identify an individual person, we treat that combination as personally identifiable information.
GAM collects personal information when you provide it to us. The following are examples of the types of personal information that may be collected, directly from you:
- Name
- City, state and zip code
- Email address
- Date of birth
- Telephone number
- Company name
- Payment information, including, without limitation, credit/debit card or PayPal payment information;
- Shipping, billing and other information provided in connection with the purchase or shipment of GAM products
- Information about transactions with GAM, such as purchase history
- Any correspondence voluntarily submitted to the Website
GAM may collect this personal information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through communication with third parties such as banks, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, and through other sources permitted by law. In providing GAM with your personal information, you consent to the transfer and storage of such information on our servers.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- Collect and process payments and complete transactions
- Provide the products, services and customer support you request
- Resolve disputes
- Troubleshoot problems
- Prevent potentially prohibited or illegal activities
- Enforce our Terms and Conditions
- Customize, measure and improve our services and content
- Inform you about our products, services, updates and promotional offers
- NON-PERSONAL INFORMATION WE COLLECT
The following are examples of the type of information that may be collected by GAM from your web browser:
- Details about your computer, device, application and network (including IP address, browser characteristics, device ID and characteristics, device operating system information and system language preferences)
- Activities on our Website and usage patterns
- Referring URLs, dates and times of Website visits, and click stream data such as information commonly recorded in web server logs
- Details about Internet or network usage (such as the URLs or domain names of websites you visit, information about applications that attempt to access your network, or traffic data)
- Data about files and communications, such as potential malware or spam
- Information stored in cookies, pixel tags, or web beacons
- Analytic data from Google Analytics
Cookies
GAM uses so-called “Cookies,” which are files that are stored on your computer that can be retrieved to assist in customizing your experience with our Website. A “Cookie” is a string of information that a Website stores on a user’s computer, and that the user’s browser provides to the Website each time the user submits a query to the Website. The purpose of a “Cookie” is to support the functionality of the Website, for example by keeping track of your visual preferences or controlling the frequency of “pop-up” windows, and identify the user as a unique user of the Website.
GAM may use “Cookies” to customize your experience on the Website to your interests, to ensure that you do not repeatedly see content or informational messages that may be of no interest to you, and to store your password so you do not have to re-enter it each time you visit the Website. If you want to disable “Cookies”, there is a simple procedure in most Internet browsers that allows you to turn-off “Cookies.” Please remember, however, that “Cookies” may be required to allow you to use certain features of the Website. GAM ignores any and all Do Not Track requests and signals.
IF YOU DO NOT WISH TO HAVE “COOKIES” PLACED ON YOUR COMPUTER, YOU SHOULD ADJUST THE CORRESPONDING SETTING IN YOUR BROWSER TO REFUSE “COOKIES” BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF “COOKIES.” IF YOU REFUSE “COOKIES,” YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Web Beacons/Web Bugs
GAM may utilize a software technology called “clear gifs” (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to “Cookies,” and are used to track the online movements of users. In contrast to “Cookies,” which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customer’s personal information. Rather, we may use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
From time to time, GAM may release traffic data and information gathered using “Cookies” in the aggregate, such as by publishing a report on trends in the usage of the Website.
Google Analytics
GAM use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the Double Click opt-out page (http://www.google.com/policies/technologies/ads/) or the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).
GAM also utilizes Google Analytics Demographics and Interests Reporting. Using the Ad Settings (https://www.google.com/settings/u/0/ads/authenticated), you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
- SHARING OF PERSONAL/NON-PERSONAL INFORMATION
GAM may share your information where complying or in good faith attempting to comply with any law, regulation or law enforcement request; where GAM has obtained your consent; where sharing or disclosure of your information is necessary between GAM parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners; where GAM has been purchased by a third party; where sharing or disclosure of your information is necessary to respond to requests by government authorities; where your information is demanded by a court order or subpoena; where sharing or disclosure of your information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of GAM; and where sharing or disclosure of your information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty. Without limiting the above, in an effort to respect your privacy, GAM will maintain an email database, in-house, and will never sell your data or otherwise make it available for unaffiliated third party marketing purposes.
GAM may also disclose personal information to those who help it provide products and services, including those who perform technical, administrative and data processing tasks, such as hosting, fulfillment, and data storage and security. These service providers are prohibited from using this personal information for any other purpose.
- CONSENT TO RECEIVE EMAIL AND PROMOTIONAL MATERIALS
By establishing an account, making a purchase or registering to receive the GAM Newsletter, you consent to receive periodic commercial/promotional email communications from us. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in each email, or by contacting our customer service department. By unsubscribing from our Promotional Newsletter only, you may still receive promotional materials and transactional emails from us in the future.
- STORAGE AND SECURITY OF PERSONAL INFORMATION
Your personal information is stored and processed on computers and servers in the United States and, through your use of the Website; you unequivocally consent to the processing and storage of your personal information.
GAM transmits information via the highest industry standard secure server (SSL) provided by Trust wave. This SSL creates the secure and encrypted https:// Website address for our important pages like Checkout and the My Account area. When you see the https:// website address, you know the information you are in-putting is protected and secure.
We comply with payment card industry data security standards that require merchants to implement security measures for credit card information. We never have access to your credit card information, as it is processed securely following the most stringent PCI-compliant standards. This ensures in the extremely unlikely case the servers are GAM compromised, your financial details would not be accessible.
We have implemented and maintain generally accepted industry standards to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information both during transmission and once we receive it. The security of your personal information is important to us. When you enter sensitive information during the registration process, we encrypt that information using state-of-the-art technology. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
GAM assures you that we will use your personal information only for the purposes stated in the Terms of Use Agreement and this Privacy Policy. We will not otherwise rent or sell your personal information to unaffiliated third parties, and we will prevent your email address from being recorded by “web crawlers” or “web spiders” to the best of our ability. If you believe that your email address has been recorded in this way, please let us know immediately.
The time periods for which we retain your personal information depend on the purposes for which we use it. GAM will keep your personal information for as long as you are a registered user of our products and, thereafter, for no longer than is reasonably necessary for internal reporting and reconciliation purposes pursuant to legal requirements and to provide you with any feedback or information you might request or require.
If you have any questions about security on our Website, you can email us at goldenatlanticminerals@gmail.com
- LINKS TO OTHER WEBSITES
The GAM Website may include links to other third party Websites whose privacy practices may differ from those of ours. If you submit personal information to a third party Website, your personal information will be solely governed by their privacy practices. GAM encourages you to carefully read the privacy statement of any third party Website you visit.
- ABILITY TO ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION
GAM wants your personal information to be complete and accurate. By using the Website, you represent and warrant that all information you provide on any registration form or otherwise in connection with your use of the Website will be complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your personal information, please contact us.
- PURCHASE OR SALE OF THE WEBSITE, SOFTWARE, DATABASE, ASSOCIATED SERVICES, OR OTHER ASSETS:
GAM may purchase other businesses or sell components of its business, including, but not limited to, the Website and associated products and services. In the event GAM purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.
- UPDATES AND CHANGES TO PRIVACY POLICY
GAM may update this Privacy Policy at any time by posting additions or modifications on the Website. If at any point we decide to use personal information in a manner materially different from that stated at the time it was collected, we will notify users by email or via a prominent notice on our Website, and where necessary we will seek the prior consent of our users.
- REVOKING CONSENT/DELETING YOUR ACCOUNT
You can delete or deactivate your GAM account at any time by emailing goldenatlanticminerals.com. When you delete your account, your personal information is removed from our database, unless we are required to save the data by applicable law, to prevent fraud, resolve disputes, troubleshoot problems, assist with investigations and/or enforce our Terms and Conditions.
You can access, review and change most of your personal information by logging in to the My Account area at. goldenatlanticminerals.com. You are required to promptly update your personal information if changes occur or information is inaccurate.
Your GAM account and profile and the information contained therein are password protected. We assume no liability for the abuse of login data and passwords used.
GAM treats data as a valuable asset that must be safeguarded and protected. As set forth above, we use reasonable security measures to protect your personal information against unauthorized access and disclosure.
- CHILDREN’S ONLINE PRIVACY PROTECTION POLICY
GAM Complies with the Children’s Online Privacy Protection Act of the United States of America where it applies to our information protection activities. We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have inadvertently collected personal information of a child under the age of thirteen (13) without proper consent, we will immediately delete that data from our database.
- CALIFORNIA SHINE THE LIGHT LAW
California residents have the right to receive information that identifies any third party companies or individuals that GAM has shared your Personal Information within the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting GAM at the address below.
- YOUR AGREEMENT TO OUR PRIVACY POLICY
You expressly consent to GAM processing of information as described in this Privacy Policy when you use or interact with the Website, provide information to us through our Website, purchase our products or assent to our Terms of Use Agreement. In addition, when you use or interact with the Website, you specifically consent to our collection of personal information by automated means, such as cookies.
You may contact GAM directly if you have any questions regarding the content and material on the Website or if you have any questions about our Privacy Policy. e-mail goldenatlanticminerals.com. . Additionally, you may contact your state or local consumer protection office or the Better Business Bureau.
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A: GAM Precious Metals Store is your trusted online destination for purchasing high-quality precious metals. We specialize in offering a wide range of products, including Precious Metal Tokens, Precious Metals Bars, and Private Futures Contracts, providing you with diverse Purchase opportunities in the precious metals market.
Golden Atlantic Minerals LLC.
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