(E-Sign Disclosure and Consent)
This policy describes how GSFC, LLC ("Gold Stash") delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our Website. The revised version will be effective at the time we post it.
1. Electronic Delivery of Communications.
- B. Disclosures, notices and reports of any kind;
- C. Transaction receipts or confirmations;
- D. Account statements and history;
- E. Federal and state tax statements we are required to make available to you; and
- F. Any other account or transaction information.
- We will provide these Communications to you by posting them on the Gold Stash website and/or by emailing them to you at the primary email address listed in your Gold Stash profile.
2. Hardware and Software Requirements.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A. A computer with an Internet connection;
- B. A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- C. Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- D. A valid email address (your primary email address on file with Gold Stash); and E. Sufficient storage space to save past Communications or an installed printer to print them.
- By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You should print or save a copy of these Communications for your records as they may not be accessible online at a later date.
3. How to Withdraw Your Consent.
You may withdraw your consent to receive Communications electronically by writing to us at [Address]. If you withdraw your consent to receive electronic notices pursuant to this Agreement, your Account is automatically terminated, and you are precluded from using our Website, Services, or otherwise. The only exception is that you may withdraw your consent to receive IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.
4. Requesting Paper Copies of Electronic Communications.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 90 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your "Home" address in your Gold Stash profile. If you request paper copies, you understand and agree that Gold Stash may charge you a Records Request Fee for each Communication. The Records Request Fee will not be charged if you request a Form 1099-K in paper form; for all other Communications, the Records Request Fee is set out in Section 8 of the User Agreement.
5. Updating Your Contact Information.
It is your responsibility to keep your primary email address up to date so that Gold Stash can communicate with you electronically. You understand and agree that if Gold Stash sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Gold Stash will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Gold Stash to your email address book so that you will be able to receive the Communications we send to you.
If your email address becomes invalid such that electronic Communications sent to you by Gold Stash are returned, Gold Stash may deem your Account to be inactive, and you will not be able to transact any activity using your Gold Stash Account until we receive a valid, working primary email address from you.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
Gold Stash makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Gold Stash communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Gold Stash has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
8. Warranty, Liability, Indemnification
Gold Stash makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Gold Stash shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
The website and materials are provided by gold stash on an "as is" basis and as available, without any warranty or representation of any kind, whether express, implied, statutory or otherwise. Gold stash expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement and the implied conditions of satisfactory quality and acceptance as well as any local jurisdictional analogues to the above and other implied or statutory warranties. We make no representations that the website or materials will meet your requirements, or the results that you may gain from your use of the website.
In no event shall gold stash, its directors, officers, employees, affiliates, agents or contractors be liable for any compensatory, direct, indirect, incidental, consequential or punitive damages, loss of data, income or profit, loss of or damage to property, or any claims of you or other third parties whatsoever with respect to the website or the materials regardless of the legal theory on which the claim is based, including, without limitation, any damages that result from any mistake, omission, virus, delay or interruption in operation or service or failure of performance, whether or not resulting from an act of god, communications failure, theft or otherwise. Gold stash shall not be liable for any losses or damages whatsoever resulting from any failure of the internet. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law. Gold stash does not guarantee that any content, information, software or other material accessible through the website will be free of viruses, "worms", "trojan horses", or their harmful components. Gold stash's entire liability, and your sole and exclusive remedy with respect to the use of any services provided by gold stash, shall be cancellation of your account.
You agree to release, indemnify, defend, and hold harmless Gold Stash, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs (including taxable and non-taxable costs), expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any representation or obligation under these Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
This agreement and the other agreements located at www.Goldstash.Com/legal are governed by and construed in accordance with arizona law and to the extent applicable, the laws of the united states. No conflict of laws or provisions of any jurisdiction will apply to these terms and conditions. By clicking on the "accept" button below, you agree that any action at law or in equity arising out of or relating to this agreement, or the other agreements, will be filed only in state or federal court located in phoenix, arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction and venue of such courts over any suit, action, or proceeding arising out of these terms and conditions. All disputes must be adjudicated in the english language. The obligations in, inter alia, Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.
13. Integration and Incorporation