BY USING ANY WEBSITES OR SERVICES OFFERED BY AGP (A
"SERVICE") OR BY CLICKING THE “SEND” BUTTON TO SUBMIT AN APPLICATION
TO BE A REPRESENTATIVE, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE
"TERMS") AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
You acknowledge that these Terms constitute the entire agreement between you and AGP pertaining to your use of the Services or the Website. You agree that these terms supersede any prior agreements or statements made verbally or in writing concerning your use of the Services.
TERM AND TERMINATION
You agree that this agreement remain in effect for as long after that as you use the Services or the Website. You agree that this agreement can only be terminated by you once you have stopped using the Services and the Website. You agree that AGP can terminate this agreement at any time for any reason, with or without cause.
GOVERNING LAW; JURISDICTION AND VENUE
LOCAL LAWS AND REGULATIONS
AGP is not responsible for local or state regulations or laws (the”Laws”) concerning second hand purchase of precious metals. It is the responsibility of the host of any gold buying event (an “Event”) to comply with all Laws.
OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
TRADEMARKS: The Services and the Website are owned and operated by AGP. The trademarks, logos, and service marks (the "Marks") displayed on the Website are owned by AGP. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without AGP’s prior written consent.
The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by AGP or the author of such content. You are granted a non-exclusive, limited license to view, print, and/or distribute Content in hard copy from the Website provided that:
(1) you use the Content for your personal or internal business use and not for any purpose contrary to AGP’s commercial interests;
(2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.
(3) you do not modify, alter, or create derivative works of, the Content; and
(4) you include AGP’s copyright notice on such Content as follows: Copyright OBG, Inc., All Rights Reserved.
The license may be revoked at any time at the sole discretion of AGP.
SELLING GOLD THROUGH SECURE MAIL PACK
The following conditions must be met before you may order and use a SECURE MAIL PACK from AGP and you represent and warrant that each condition is met when submitting your Scrapbox request:
1) You must be 21 years of age
2) You must be the legal owner of any precious metals that you submit to AGP using the Secure Mail Pack or you must have the written authorization of a third party allowing you to submit metals on their behalf. The written authorization must also state that the third party meets all other conditions under this section;
4) You agree to the following LIMITATION ON LIABILITY: “I agree that the damages arising out of any lost shipment that was properly sent and documented to AGP shall be limited to $100.00 from AGP. I shall be responsible for purchasing shipping insurance if I deem it to be necessary.”
5) You acknowledge that AGP has the right to reject a shipment for any reason and return the shipment to you. AGP shall have no liability whatsoever for rejecting and returning a shipment.
Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright or patent.
LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party sites. You acknowledge and agree that AGP is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by AGP.
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
WAIVER OF RIGHTS
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
You will, by using the services or by contact with AGP employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services and the Website.
AGP offers the following guarantee:
Once you ship your precious metals to AGP, you will receive an electronic mail (email) from AGP with the offer price to purchase your metals. Anytime before the 5th day after AGP transmits the email to you, you may call to rescind your offer and AGP will return your metals. Once you accept the offer, or if you do not respond by the 5th day, AGP will finalize the sale and mail you the funds based on the offer.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties’ reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.
LIMITATIONS ON LIABILITY; DISCLAIMER
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
AGP SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF AGP’S SERVICES PROVIDED HERE UNDER OR YOUR USE OF THE WEBSITE.
INDEMNIFICATION BY USER
User will defend, indemnify and hold AGP, and its officers, directors, employees and representatives, harmless from and against any liability, damages, costs and expenses, including without limitation reasonable attorneys’ fees, in connection with any third party claims against AGP, its officers, directors, employees or representatives, arising from or relating to the Services or the Website or the use of the AGP Mark(s).
QUESTIONS, COMMENTS AND COMPLAINTS