Website User Agreement

 

Welcome! Our goal is to offer you the very best value for your items, and to provide the fastest payment possible. We accomplish that goal by providing 24 hour processing of all items. You may use the Web site, services, content, technologies and applications of www.[Website Name].com, and any subdomains or related domains, (collectively, the "Website") only on the condition that you abide by the following terms.

 

By using the website, requesting a mailer, sending us items, and/or registering to open an account with us, you are acknowledging and agreeing to each and every one of the terms and conditions in this agreement (the "site terms"), and all other agreements that are (or will be) located at www.[website].Com/legal (collectively, the "agreement" or "agreements").

 

1. About The Site Terms

 

The Website is a service made available by Gold Stash ("Gold Stash") and its affiliates ("Gold Stash", "we" or "us"). The Site Terms govern your use of the Website, and have the same force and effect as does a written agreement with original signatures from all parties. If you do not agree to the Site Terms, do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Gold Stash before the changes take effect. Your continued use of Gold Stash after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the ["Legal"] link at www.GoldStash.com. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.

 

2. About the Website

 

The Website gives users the ability to offer to sell gold, platinum, coins, silver jewelry, and other precious metals (collectively, the "Items") to Gold Stash, subject to these Site Terms. You agree that all such transactions will be governed by Gold Stash's Terms of Sale Agreement located at www.GoldStash.com/legal. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.

 

3. Registration

 

Registration is not required to visit the Website. However, if you desire to complete a transaction with us, you must create an account. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Gold Stash immediately by emailing webmaster@[website].com.

 

4. Ownership

 

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Gold Stash or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Gold Stash retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology") (the terms Content and Technology will be collectively referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

 

5. Use of Website and Materials

 

Gold Stash provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:

 

A. Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Gold Stash or the applicable rights holder;

 

B. Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;

 

C. Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;

 

D. Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;

 

E. Reformat or frame any portion of the Website or Materials;

 

F. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

 

G. Allow others to use the Website under or through your account login ID/email and password;

 

H. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

 

I. Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.

 

J. Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.

 

K. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

 

6. License

 

By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Gold Stash a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.

 

7. Automated Activity

 

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Gold Stash by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

 

8. Linking

 

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Gold Stash notice of such link by sending an e-mail to webmaster@Gold Stash.com and (c) you discontinue providing links to this Website if requested by Gold Stash. If you wish to provide links to a section within the Website, you should forward your request to Gold Stash at webmaster@Gold Stash.com and Gold Stash will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.

 

9. Representations

 

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.

 

10. Disclaimer

 

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.

 

11. 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.

 

12. Indemnity

 

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.

 

13. Privacy

 

We view protection of users' privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the Gold Stash Privacy Policy, which you can review by going to http://www.GoldStash.com/legal. If you object to your information being transferred or used in this way please do not use our services.

 

14. Electronic Notices and Transactions

 

You agree to transact business with us electronically. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. Gold Stash's Electronic Communications Delivery Policy, to which you have also agreed, can be retrieved and reviewed at any time by visiting http://www.GoldStash.com/legal.

 

15. Access

 

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.

 

16. Notice Regarding Technology

 

Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.

 

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

 

17. Miscellaneous

 

Gold Stash reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Gold Stash deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Gold Stash reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Second Rotation website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of the Agreement is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

This agreement, the other agreements located at www.Gold stash.Com/legal, and these site terms 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.

 

18. Integration and Incorporation

 

The agreements located at www.GoldStash.com/legal constitute one single, fully integrated agreement. All of the terms, conditions, obligations, definitions and provisions of those agreements are therefore applicable to the instant agreement. Moreover, Gold Stash, by this reference, hereby incorporates herein the most current version of all agreements posted at www.GoldStash.com/legal. The currently posted agreements include Gold Stash's Website User Agreement, Electronic Communications Delivery Policy, Privacy Policy and Terms of Sale Agreement. However, Gold Stash may, in its sole discretion, add, remove, amend, or otherwise change the agreements posted at www.GoldStash.com/legal.