THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACECPT ALL OF THESE TERMS AND CONDITIONS BEFORE PALCITNG AN ORDER TO PURCHASE AND/OR SELL WITH CAPITAL GOLD GROUP. WE STRONGLY ENCOURAGE YOU TO PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS LISTED HEREIN. IF YOUDO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF SERVICE AND ALL OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THIS WEBSITE.
- Online Services and Disclaimer of Warranty. The CGG website provides online resources including, but not limited to, online information regarding CGG’s products and services. Any new services, resources or informational content added to the website shall fall under the terms of this TOU Agreement. The online resources, informational content, and software on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. CGG assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the CGG website.
- User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify CGG at firstname.lastname@example.org should User know, or have reasonable grounds to suspect, that the username and password have been compromised. CGG shall not be responsible for User’s failure to abide by this Paragraph.
- Informational content supplied by Users. User understands that all information, provided by User on the CGG website are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the CGG website. CGG does not and cannot control the informational content Users transmit through the CGG website. Under no circumstances shall CGG be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall CGG be held liable for any errors or omissions in any informational content transmitted by Users.
- User conduct. User agrees to not use the CGG website to:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- harm legal minors;
- collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
- impersonate another User, person, or entity, including any official or employee of CGG;
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- interfere with the operation of CGG’s web servers or other computers or Internet or network connections;
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
CGG reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOU Agreement. CGG may disclose any informational content Users post, upload or transmit to the CGG website, if such disclosure is necessary to enforce this TOU Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of CGG, the public, or other Users.
- Purchase, Sales, Order Procedures, and Policies. User may make purchases, sell to, and order from CGG only in accordance with these Terms and Conditions of the TOU and accompanying policies and procedures.
(a). Upon placing an order to purchase or sell with CGG, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.
(b). When placing an order on the website, the price at which your order is submitted is the guaranteed price. An “order number” will be forwarded to you by email upon after completion of your order. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by CGG 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, a $35.00 administrative fee will be assessed, in addition to any market losses between the order date and the time of non-payment.
(c). 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 fi payment is completed after the allotted time frame. If CGG chooses to accept the late payment, a $35 late payment fee will be applied.
(d). CGG reserve the right to cancel any order in which the order was placed in error.
(e). When selling to CGG, the price is guaranteed. As a general policy, the transaction may not be cancelled by may be offset at CGG’s current purchase price. Sales to CGG must be shipped within one (1) business day and CGG must receive the tracking number via email at email@example.com or by telephone at (800) 510-9594 to confirm that the product is en route. All products must be received by CGG within five (5) business days. Customers will be charged a $35 administrative fee as well as any Market Losses if the products are not received within five (5) business days of the sale. CGG reserves the right to extend any deadline, in its sole discretion, for any delays caused by the carrier.
(f). Payment Options. CGG requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or money order. Depending upon the amount of an order, CGG reserves the right to request additional documentation for certain credit card orders. CGG also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Capital Gold Group to authorize and capture your credit card payment prior to shipment. CGG 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, Capital Gold Group 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.
(g). Payment Instructions. CGG will issue payment instructions to you during the ordering process and via email following completion of your order. CGG does not accept Cash on Delivery orders. CGG 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.
(h). Cancellation Policy. Once you have placed an order with Capital Gold Group 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 Capital Gold Group) at Capital Gold Group’s 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. For cancelled/offsetting orders, $35.00, plus the difference between the Purchase Price and the Asking Price will be charged. After CGG 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 plus a standard $35 cancellation fee.
(i). Offset. All order offset requests must be made during normal business hours, Monday to Friday, 9:00 AM to 5:00 PM PST. CGG 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 CGG 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, plus a $35.00 (USD) administrative fee. As applicable, the difference between the Purchase Price and the Asking Price will be added to the $35.00 (USD) administrative fee. In the event of a confirmed cancelled order, you expressly authorize CGG to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price, plus the $35.00 (USD) administrative fee. Alternatively, in the event that your credit or debit card is denied, CGG 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 CGG.
(j). CGG 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 CGG deems questionable or suspicious, for orders CGG deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when CGG does not receive payment within the allotted timeframe. Capital Gold Group 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 Capital Gold Group will contact you directly with notification of the cancellation.
(k). Return Policy. CGG’s refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify CGG’s Customer Service Department via telephone at (800) 5109594 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 nonrefundable. You are fully responsible for all taxes, as well as return shipping and handling costs. CGG may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, CGG 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 CGG’s Market Loss Policy as well as a standard $35 cancellation fee. Any and all market gains on refunds, returns, and exchanges shall belong solely to Capital Gold Group.
(l). Market Loss Policy. Upon issuance of an order number following a purchase from CGG, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at CGG’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which CGG sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy, in addition to a $35.00 (USD) administrative fee. Market gains on cancellations or returns shall remain the property of CGG. Without limiting any other legal or equitable rights and remedies that may be available to CGG, CGG 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 Capital Gold Group may have to you. CGG 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 CGG.
(m). 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 $500 requires a signature upon delivery. CGG 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. CGG will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, CGG assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.
Please note that CGG 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, else CGG may have to refute any claims.
(n). Export Compliance. Each product that CGG 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.
- Indemnity. You agree to indemnify and hold CGG, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the service, your connection to the products and/or service, your violation of the TOU, or your violation of any rights of another, your breach of any representation or warranty made by you to CGG, or your failure to perform your obligations hereunder. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without CGG’s consent. You hereby agree to release Capital Gold Group, Inc. and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, or other partners form 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 CGG is that of purchaser and seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relation exists.
- Limits and modifications. CGG may establish without notice limits on the use of its website. CGG reserves the right to modify any and all portions of the Terms and Conditions without notice. Such modification may be posted from time to time on the website.
- Termination of User account. Without limiting any other legal or equitable rights and remedies that may be available to CGG, in the event of any failure by you to comply with these Terms and Conditions, CGG reserves the right to suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions. Notwithstanding the foregoing, either CGG or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions under this section shall not affect the rights and obligations of either party with respect to any transaction occurring, commencing or completed prior to the date of termination.
- Third party advertisers. CGG may allow third party advertisers to advertise on the CGG website. CGG takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. CGG shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
- Hyperlink policy. CGG’s website contains hyperlinks to other Internet sites not under the editorial control of CGG. These hyperlinks are not express or implied endorsements or approvals by CGG of any products, services or information available from these sites.
- CGG’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of CGG’s copyrighted or trademarked material, including graphic files and content, available on the CGG website.
- No warranties. THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. CGG 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. CGG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT
- Disclaimer for Forward Looking Statements. This website may contain forward looking
Statements that reflect CGG’s current expectation regarding future events and business development. The forward looking statements involve risks and uncertainties. Actual developments could differ materially from those projected and depend on a number of factors, most, if not all of which, are outside of CGG’s control.
- Products. All products are subject only to any applicable warranties. To the Fullest extent permissible by applicable law, CGG 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, noncompliance 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. CGG specifically disclaims any liability or responsibility for order placed via the CGG 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 capital gold group online order entry system, the website, and/or related products/services. CGG shall not be Responsible for errors, negligence, or inability to execute orders. Further, CGG 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 CGG’s reasonable control. CGG specifically disclaims any liability for the interruption, cancellation, or other termination of the CGG online order entry system. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
- No Waiver. Upon your failure to comply with your duties and obligations to CGG, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of CGG in exercising any right or remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by CGG of any right or remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with these terms and conditions, you expressly authorize and grant to CGG the right to charge your credit card for any and all market losses incurred by CGG, including, without limitation administrative fees for accepting your orders to either buy from or sell to CGG as a result of price and market fluctuations for which you did not fulfill.
- No Assignment. You may not assign these terms and conditions, including your related rights and/or obligations, without express prior written consent of CGG, which consent may be granted or withheld by CGG at its sole and absolute discretion. These terms and conditions shall be binding upon and inure tot eh benefit of any/all permitted assignees and successors of you and Capital Gold Group, Inc.
- Force Majeure. You acknowledge and understand that if CGG and/or the website are unable to provide the products and/or services as a result of a force majeure event, which shall include but is not limited to natural disaster such as flood fire, hurricane, tornado, earthquake, strike, lockout, or other labor disturbance, unavailability of materials, war, riot, act of terrorism to the extent beyond the control of the party affected, or any other event or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing, CGG and /or the website shall not be deemed in breach of any of its obligations towards you under these terms and conditions. CAPITAL GOLD GROUP, INC. SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLDUING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATION SUNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
- Miscellaneous. 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 Capital Gold Group, Inc. with respect to these Terms and Conditions and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, CA in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Capital Gold Group will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, CA to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of CA, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Capital Gold Group takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by Capital Gold Group, 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 Capital Gold Group to carry out these Terms and Conditions.
- 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.
- 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.
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