Terms of Use

These Terms of Use are made as of this day, by and between OBG, Inc. d/b/a American Gold Parties, a Georgia corporation ("AGP"), and you (the "USER").

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.

APPLICABILITY OF THESE TERMS OF USE; AMENDMENT TO THESE TERMS OF USE
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.americangoldparties.com (the “Website”).

AGP may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of the Website following the posting of any such changes shall be deemed your acceptance of the same.

ENTIRE AGREEMENT
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
These Terms of Use are to be governed and construed in accordance with the laws of the State of Georgia, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Cobb County, Georgia. The arbitrator shall be selected by you and AGP, and if you and AGP are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and AGP and your and AGP’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or AGP be entitled to punitive damages and both you and AGP hereby waive your and AGP’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

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.

COPYRIGHTS
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;

3)     You intend to be bound by these Terms of Use and the conditions for sale using the Secure Mail Pack.

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.

RIGHTS AND MARK
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.

SEVERABILITY
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.

CONFIDENTIALITY
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.

100% GUARANTEE

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. 

FORCE MAJEURE
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
AGP encourages you to provide AGP with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact AGP by calling 866-247-9777 or sending an email to info@americangoldparties.com.

MISCELLANEOUS
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.