GoldTrustGuide Terms & Conditions
Thank you for visiting this website (the "Site"), a property of GoldTrustGuide ("Company," "we," "us," or "our"). GoldTrustGuide is operated by Gold Trust Precious Metals. Company's owner, parents, subsidiaries, related companies, and each of their respective officers, directors, members, owners, employees, agents, representatives, and shareholders are included in any reference to "Company" herein.
By using and/or accessing the Site, you agree to comply with and be bound by the following Terms and Conditions ("Terms and Conditions") (including the arbitration and class action waiver provisions below), the Privacy Policy ("Privacy Policy"), and any and all other applicable Company operating rules, policies, and supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
I. Requirements. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site. The Site, and the ability to use the quiz/matching tool, are available only to individuals at least eighteen (18) years of age who can enter into legally binding contracts under applicable law, and who are residents of the United States.
II. Agreement Acceptance. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of this Site, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions, or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site.
III. Description of the Site. The Site provides users with a short questionnaire intended to match users with one of several third-party precious metals dealers ("Partners") based on the user's stated preferences. Company does not itself sell gold, silver, or other precious metals, does not provide investment, tax, financial, or legal advice, and is not a broker-dealer, custodian, or registered investment advisor. After completing the questionnaire, you will be shown the name of a matched Partner and may be redirected to that Partner's website. Any product, service, account, or transaction is between you and the Partner directly — Company is not a party to that relationship, and the terms, pricing, and conditions of any product or service are determined solely by the Partner. Company may receive compensation from Partners for referring you, including when you are matched with and/or click through to a Partner, regardless of whether you ultimately purchase anything from that Partner.
The information you supply on the Site — which may include your name, email address, telephone number, and your responses to the questionnaire (collectively, the "Site Registration Data") — may be shared with the Partner to which you are matched, and potentially with other Partners, in order to facilitate a possible consultation or transaction. Company's use of the Site Registration Data is governed by the Privacy Policy.
You understand and agree that Company is not responsible or liable in any manner whatsoever for your use of, or inability to use, any Partner's products or services, or for any dispute between you and any Partner. You understand and agree that Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of any product, service, or promotion offered by any Partner.
IV. Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all personal information, in accordance with the terms of our Privacy Policy. Use of the Site, and all comments, feedback, information, Site Registration Data, or materials that you submit through or in association with the Site, are subject to our Privacy Policy.
V. Proprietary Rights. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, publication, or sale by you of any part of the Site is strictly prohibited. Retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile a collection, compilation, database, or directory without written permission from Company is prohibited. The Site name and logo, and all associated graphics, icons, and service names, are trademarks of Company. All Partner names, logos, and trademarks referenced on the Site remain the property of their respective owners and are used to identify potential matches only; their appearance does not imply any endorsement of Company by that Partner beyond the referral relationship described in these Terms.
VI. License Grant. You are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site and associated content for your own personal, non-commercial use, in accordance with the Agreement. Company may terminate this license at any time for any reason. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Site or any portion thereof.
VII. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize, and/or otherwise interfere with the operation of the Site is a violation of criminal and civil law. Company will pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
VIII. Modification. Company reserves the right to edit, modify, or delete any documents, information, or other content appearing on the Site in our sole discretion.
IX. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries, and related companies, and each of their respective members, officers, directors, owners, employees, agents, co-branders, and/or other partners harmless from and against any and all claims, expenses (including reasonable attorney's fees), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) any dispute between you and any Partner; and/or (d) your violation of any rights of another individual and/or entity.
X. Disclaimer of Warranties. The Site is provided to you on an "as is" and "as available" basis, and all warranties, express and implied, are disclaimed to the fullest extent permissible under applicable law. Company makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be uninterrupted, timely, secure, or error-free; (c) you will be satisfied with any Partner match; or (d) the results obtained from use of the Site will be accurate or reliable. Nothing on the Site constitutes investment, financial, tax, or legal advice. Precious metals investments carry risk, including the risk of loss of principal, and past performance is not indicative of future results. You should consult a qualified, independent financial advisor before making any investment decision.
XI. Third Party Websites. The Site may link out to, or redirect you to, the websites of Partners. Company has no control over such third-party websites and is not responsible for their availability, content, privacy practices, or the products and services they offer. Review the terms and privacy policy of any Partner site before submitting information or entering into any transaction there.
XII. Limitation of Liability. You expressly understand and agree that Company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, and/or exemplary damages arising from your use of, or inability to use, the Site, to the fullest extent permissible by law. If applicable law does not permit such limitations, the maximum liability of Company to you under any and all circumstances will be three hundred dollars ($300.00).
XIII. E-Sign Consent. By clicking the "Get Started" or similar submission button on the Site, you adopt such action as your electronic signature, and consent and agree that Company may provide you with electronic communications and disclosures via email or by making them accessible on the Site, and that your electronic signature on agreements and documents has the same effect as if you signed them in writing. You may withdraw consent to receive electronic communications at any time by contacting us at info@goldtrustpreciousmetals.com.
XIV. Telemarketing and SMS/RCS Messaging. Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act ("TCPA"), you consent to receive telephone calls, including pre-recorded messages and/or calls delivered via automated technology, and TEXT/SMS/RCS messages, at the telephone number you provided, from Company and/or the Partner you are matched with. You are not required to provide this consent to use the Site. Message frequency varies. Consumers may opt out of receiving text messages at any time by replying "STOP" to any message received, and may reply "HELP" for support. Message and data rates may apply. Company will not sell, rent, or share your mobile number or SMS/RCS consent with third parties for any purpose unrelated to facilitating your requested match and consultation.
XV. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any dispute arising under or related to the Site or the Agreement shall be resolved exclusively by binding arbitration before the American Arbitration Association ("AAA") in Los Angeles, California, in accordance with the AAA's then-current Commercial Arbitration Rules, conducted by one neutral arbitrator. Each party shall bear its own costs and an equal share of arbitration fees. To the extent permitted by law, you agree not to bring, join, or participate in any class action lawsuit or class-wide arbitration against Company. Any claim or cause of action arising out of or related to your use of the Site must be brought within one (1) year after such claim arose or be forever barred. You may opt out of these dispute resolution provisions by providing written notice within thirty (30) days of first accessing the Site.
XVI. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of that provision.
XVII. Contact Us. If you have any questions about the practices of the Site or this Agreement, please e-mail us at info@goldtrustpreciousmetals.com, or send a letter to GoldTrustGuide (operated by Gold Trust Precious Metals), 21781 Ventura Blvd #10043, Woodland Hills, CA 91364, or call us at 516.362.3623.
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