**Silver Trust Coins LLC - Terms and Conditions**
**PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. **By visiting this website and reading the terms and conditions, you expressly agree not to initiate any claims or legal actions in court pertaining to the alleged theft of your intellectual property. Furthermore, you hereby waive all rights to any copyrights and trademarks owned by yourself or any corporate entities you represent, work for, or consult with. This agreement is binding and applies to your use of this website and its associated services. If you do not consent to these terms, please refrain from accessing the website and its content and stop reading now.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE IN PARAGRAPH 28 THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN PARAGRAPH 28, YOU AGREE THAT DISPUTES WITH SILVER TRUST COINS LLC WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF PARAGRAPH 28 AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS, OR IN CLASS ACTIONS OF ANY KIND.**User’s Acknowledgment and Acceptance of Terms and Conditions
The SilverTrustCoins.com website and its associated services and content (collectively, the “Website”) are owned and operated by Silver Trust Coins LLC (“Silver Trust Coins,” “our,” “we,” or “us”). By using and/or placing an order for products you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between Silver Trust Coins and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Silver Trust Coins and placing orders with Silver Trust Coins. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website. **THIS AGREEMENT APPLIES TO ALL ORDERS AND PURCHASES WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. SILVER TRUST COINS LLC STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.** **WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.**By purchasing from or ordering from Silver Trust Coins, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
**1. About the Website - Silver Trust Coins LLC**
Silver Trust Coins LLC offers an interactive platform that enables visitors and users to engage in the buying of physical silver bullion, through online transactions or over the phone. Committed to providing high-quality products, Silver Trust Coins LLC collaborates closely with distributors to meet the diverse needs of its customers. The content on the website, along with related information, should not be considered exhaustive or always current. Your reliance on any information provided by Silver Trust Coins LLC, its employees or individuals invited by Silver Trust Coins LLC, or other visitors and users of the website is entirely at your own risk. It is important to understand that Silver Trust Coins LLC is not under any obligation to offer maintenance, technical support, or any other form of assistance for the website.
**2. Ownership of Website and License**
You acknowledge and agree that Silver Trust Coins LLC ("Silver Trust Coins") is the owner of, or holds rights in and to, the Website and its associated content, encompassing all intellectual property rights inherent therein. The Website is safeguarded by all applicable laws, whether intellectual property or otherwise, and you explicitly refrain from utilizing the Website for any purposes not explicitly stated in this Agreement. Particularly, and unless otherwise permitted under this Agreement, you are expressly prohibited from engaging in activities such as framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Silver Trust Coins. Silver Trust Coins hereby grants you a limited, non-exclusive, non-sub-licensable, royalty-free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Any violation of the terms and conditions of this Agreement or use of the Website for purposes outside of its customary and intended use, including but not limited to downloading (other than page caching) or modifying the Website or any portion of it, will result in the termination of this license. Without prior written permission from Silver Trust Coins, you are not authorized to reproduce, prepare derivative works, distribute copies, perform, display, or use the Website or its content for commercial purposes. This license is subject to revocation at any time, and any rights not expressly granted herein are reserved to Silver Trust Coins.
**3. Trademarks**
All trademarks, whether common law or registered, showcased on this Website are the property of their respective owners. In particular, all Silver Trust Coins LLC marks are exclusive to Silver Trust Coins LLC, including, but not limited to, Silver Trust Coins LLC® and all Silver Trust Coins LLC logos. The Website's overall appearance, color schemes, layout, and arrangement constitute the trade dress of Silver Trust Coins LLC. Use of Silver Trust Coins LLC’s trademarks, service marks, trade dress, or any imitation thereof to indicate the source, sponsorship, approval, affiliation, connection, or association with goods or services is strictly prohibited without the prior written consent of Silver Trust Coins LLC.
**4. Account Registration**
Account registration and usage of the Website are free. You can search, view and purchase products from this Website as a guest without creating an account. If you opt to register an account and create a User Profile, please provide the required information. By creating an account, placing an order, or selling on the Website, you agree to receive email and/or text notifications, with the option to opt out at any time. We may request personally identifiable information, such as your name, company name, email address, telephone number, billing and shipping addresses, and credit card details. Non-personal information may also be collected to enhance your visit and protect customer security. All information is governed by our Privacy Policy, incorporated into this Agreement. In case of a conflict between this Agreement and our Privacy Policy, the Privacy Policy will prevail. You are responsible for ensuring truthful, current, complete, and accurate account information. You agree to update your information promptly when changes occur. Creating an account that impersonates another person or violates third-party rights is prohibited. Your account must not disrupt a third party’s use of the Website. Silver Trust Coins LLC reserves the right to restrict, monitor, suspend, disable, or delete your account at its discretion, without prior warning. You are responsible for keeping your account secure. Do not share your password, and promptly contact Silver Trust Coins LLC in case of unauthorized access. You accept full responsibility for all account use, whether authorized or unauthorized, agreeing to hold Silver Trust Coins LLC harmless for any damages arising from your account's use.
**5. Order Policies and Procedures**
By creating an Account, you consent to Silver Trust Coins LLC and its designees contacting you via available means, including phone, text message, and email. Purchases, sales, and orders from Silver Trust Coins LLC must adhere to this Agreement and accompanying policies. Placing an order creates a binding and legally enforceable agreement. Prices and availability are subject to change without notice. The submitted order price is guaranteed. An order number will be emailed to you. Credit card information is required, and payment must be received within the specified timeframe. Completed orders are marked by fund receipt or payment clearance. Orders paid outside the allotted time frame may be denied, and market losses may be assessed. Silver Trust Coins LLC reserves the right to cancel orders due to errors, whether caused by Silver Trust Coins LLC or otherwise.
**6. Sell-To-Us Program:**
At this time Silver Trust Coins does not buy precious metal thru our website. Try to catch us at a local Flea marker or Coin Show.
**7. Fraud**
**Fraud Prevention Measures:** Silver Trust Coins LLC reserves the right to actively report and prosecute actual and suspected fraud. Further authorization, such as telephone confirmation, may be required. Orders may be canceled, delayed, refused, or recalled if fraud is suspected. Information captured during the order process may be submitted to law enforcement agencies and financial institutions for fraud investigation.**8. Payment Options**
**Accepted Payment Methods:** Silver Trust Coins LLC accepts payments via credit card, debit card, certified check, cashier’s check, cash, or money order. International payments, credit card convenience checks, and third-party checks are not accepted. Additional documentation may be requested for certain orders, and payments may be held for specified durations based on order amount or suspected fraud.
**Credit/Debit Card Payment:** Credit/debit card payments are processed through third-party payment processors. Silver Trust Coins LLC reserves the right to authorize and capture credit card payments before shipment. Users are responsible for applicable taxes, duties, or charges imposed by governmental entities. Refusal or cancellation of orders may occur at Silver Trust Coins LLC's discretion.
**Insufficient Funds Check Payment:** In case of an insufficient funds paper check payment, Silver Trust Coins LLC reserves the right to cancel the order, charge administrative fees, market loss fees, or bill the payable balance to the credit/debit card on file.
**9. Payment Instructions**
Silver Trust Coins LLC will provide payment instructions to you during the ordering process and via email following completion of your order. Silver Trust Coins LLC does not accept Cash on Delivery orders. We reserve 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.**10. Cancellation Policy**
Once you have placed an order with Silver Trust Coins LLC, you have entered into a binding legal agreement, and you may not cancel the confirmed order. After Silver Trust Coins LLC has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us, and you may either pay to have it reshipped or accept Restocking fees upon return. Silver Trust Coins LLC 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 Silver Trust Coins LLC deems questionable or suspicious, for orders Silver Trust Coins LLC deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Silver Trust Coins LLC does not receive payment within the allotted timeframe. Silver Trust Coins LLC is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a canceled order, Silver Trust Coins LLC will contact you directly with notification of the cancellation.
**11. Return Policy - Silver Trust Coins LLC**
Our return policy at Silver Trust Coins LLC is designed to ensure your satisfaction with your precious metal acquisitions. Please carefully review the following terms and conditions related to returns, refunds, and exchanges:
A. Return Period:
Our policy allows for returns, refunds, and exchanges within five (5) business days from the date you receive the item. To initiate the process, please promptly notify Silver Trust Coins LLC's Customer Service Department by calling 1-518-487-0942 within the specified timeframe.
B. Notification and Instructions:
Upon contacting John, you will receive detailed instructions on how to proceed with your return or exchange. It is crucial to adhere to these instructions to facilitate a smooth process. All returns are subject to a $10.00 restocking fee.
C. Shipping Charges:
Please be aware that shipping charges are non-refundable. Additionally, as the customer, you are fully responsible for all taxes associated with the transaction, as well as the return shipping costs. We recommend insuring your return shipment for added security.
D. Condition of Returned Items:
Silver Trust Coins LLC reserves the right to reject any returned or exchanged item that does not conform to the specified terms outlined in this policy. To ensure a successful return, kindly adhere to the provided instructions and guidelines. All inventory items are photographed in high magnification, returned items must be in the exact same condition in the comparative photos taken or the returned item will become the property of Silver Trust Coins and no refund will be issued.
E. Holding Period for Returned Shipments:
Shipments returned to us will not be held for more than three (3) days upon receipt. It is essential to promptly follow the return process to avoid any delays in the handling of your return.
F. Exchange Requests:
In the case of a request for an exchange, Silver Trust Coins LLC explicitly reserves the right, in its sole and absolute discretion, to either find an acceptable replacement or refund your money if a suitable replacement is unavailable.
G. Market Loss Policy:
All returns, refunds, and exchanges are subject to Silver Trust Coins LLC's Market Loss Policy. Market gains on refunds, returns, and exchanges shall exclusively belong to Silver Trust Coins LLC.
**12. Silver Trust Coins LLC Market Loss Policy**
Upon the issuance of an order number following a purchase from Silver Trust Coins LLC, the price is guaranteed, and the transaction cannot be canceled.
Without limiting any other legal or equitable rights and remedies available to Silver Trust Coins LLC, we may apply any and all of your funds in our possession to satisfy your monetary obligations and/or offset any obligations that Silver Trust Coins LLC may have to you. We also reserve the right, at our sole discretion, to apply any/all funds in our possession toward the satisfaction of your obligations to Silver Trust Coins LLC.
**13. Shipment**
Once your order ships, you will receive a Shipped email with a tracking number. Please note that in some cases, it may take 24-48 hours for tracking to begin.
Silver Trust Coins LLC fully insures all shipments, and each package requires a signature upon delivery. While your package is in transit, it is covered by our insurance policy, subject to the conditions set forth in this Section 13. However, once a package is shown to be delivered by the carrier, Silver Trust Coins LLC's responsibility ends.
It is crucial that you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes, but is not limited to, a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. If you use one of these locations as the shipping address, Silver Trust Coins LLC is not responsible. Additionally, if the carrier returns the package to the sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return-to-sender process. This includes the package not making it back to our distribution center, damage, or missing contents, etc.
We will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service, or any person(s) that are not the addressee listed on the order.
A.Delivered but not Received:
Please note that Silver Trust Coins LLC will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to Silver Trust Coins LLC within two (2) calendar days of recorded delivery; else, Silver Trust Coins LLC may deny any claim.
B. Lost in Transit:
Lost in Transit is defined for the USPS as tracking not having updated in 5 or more calendar days. For UPS & FedEx, it is 3 calendar days. You must contact us within 7 days of the most recent tracking for USPS and 3 days of the most recent tracking for UPS & FedEx. If you do not contact us by these timeframes, insurance will not cover the package.
C. Missing or Damaged Contents:
This is defined as packages that arrive with missing items, wrong items, or damaged items. You must notify us within 48 hours of the delivery timestamp on the tracking. Failure to do so will result in the loss of insurance coverage.For any of these issues, Silver Trust Coins LLC assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. 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.
**14. Export Compliance**
Silver Trust Coins LLC only sells in the domestic USA, we do not export our coins.
**15. User Generated Content**
Silver Trust Coins LLC may provide you with the ability to submit user-generated content to the Website, including but not limited to product reviews. You own all rights to your User Generated Content. By submitting content, you grant Silver Trust Coins LLC a non-exclusive, irrevocable license to use it for the customary and intended purposes of the Website. You agree to waive all moral rights and rights of publicity or privacy with respect to the submitted content.
You warrant that your User Generated Content will not violate the rights of third parties or any applicable laws. You are solely responsible for the content you submit. Silver Trust Coins LLC reserves the right to remove User Generated Content without notice and may terminate a user’s access for violations of this Agreement.
**16. Termination**
Either Silver Trust Coins LLC or you may terminate this Agreement at any time with or without cause by written notice. Termination shall not affect rights and obligations with respect to the period before termination. Failure to make timely payments may result in termination of services.
**17. Section 230 of the Communications Decency Act**
You acknowledge that Silver Trust Coins LLC is an interactive computer service provider under Section 230 of the Communications Decency Act. The Website may contain links to third-party websites, and Silver Trust Coins LLC is not responsible for their content. Views expressed on this Website do not necessarily reflect those of Silver Trust Coins LLC.
**18. Disclaimers, Exclusions, and Limitations**
CAUTION: All investments, including coins and bullion, involve risk beyond the control of Silver Trust Coins LLC. You are responsible for such risk and should consult your financial advisor before purchasing. Silver Trust Coins LLC makes no recommendations regarding purchases and assumes no liability for market volatility or inability to liquidate products.
You represent and warrant to Silver Trust Coins LLC that you have sufficient experience and knowledge to make informed financial decisions and fully release Silver Trust Coins from harm.
**19. Disclaimer of Warranties**
Silver Trust Coins LLC provides the website, the products, and services on an "as is" and "as available" basis. We do not represent or warrant that the website, its use, any information on it:
A. Will be uninterrupted or secure.
B. Will be free of defects, inaccuracies, or errors.
C. Will meet your requirements.
D. Will operate in the configuration or with other hardware or software you use.
Silver Trust Coins LLC makes no warranties other than those made expressly in this agreement and hereby disclaims any and all implied warranties, including without limitation, warranties of or for a particular purpose, merchantability, and non-infringement.
Silver Trust Coins LLC will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. Silver Trust Coins LLC is a retail provider and does not assume responsibility for any error, omission, interruption, deletion, defect, destruction of identity, unauthorized access to an account, or alteration thereof. Silver Trust Coins LLC reserves the right to discontinue the website at any time.
Silver Trust Coins LLC will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time.
This website may contain forward-looking statements that reflect Silver Trust Coins LLC'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 Silver Trust Coins LLC's control.
Please remember to always consult with your investment and financial advisor prior to purchasing.
All products are subject only to any applicable warranties. To the fullest extent permissible by applicable law, Silver Trust Coins LLC 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, non-compliance 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.
**20. Limitation of Liability**
Silver Trust Coins LLC specifically disclaims any liability or responsibility for orders or sell-to-us sales placed via the Silver Trust Coins LLC 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 Silver Trust Coins LLC online order entry system, the website, and/or related products/services. Silver Trust Coins LLC shall not be responsible for errors, negligence, or inability to execute orders. Further, Silver Trust Coins LLC 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 Silver Trust Coins LLC's reasonable control. Silver Trust Coins LLC specifically disclaims any liability for the interruption, cancellation, or other termination of the Silver Trust Coins LLC online order entry system.
The website may contain technical inaccuracies or typographical errors or omissions. Silver Trust Coins LLC is not responsible for any such typographical, technical, or pricing errors listed on the website.
Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.
**21. Indemnity and Release**
You agree to defend, indemnify and hold Silver Trust Coins LLC and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Silver Trust Coins LLC, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Silver Trust Coins LLC may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Silver Trust Coins LLC's consent.
You are hereby agreeing to release Silver Trust Coins LLC and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from 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.
**22. Relationship**
The sole relationship between you and Silver Trust Coins LLC is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.**23. No Waiver**
Upon your failure to comply with your duties and obligations to Silver Trust Coins LLC, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Silver Trust Coins LLC in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Silver Trust Coins LLC of any right or any 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 you fail to comply with this Agreement, you expressly authorize and grant to Silver Trust Coins LLC the right to charge your credit card for any and all market losses incurred by Silver Trust Coins LLC, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Silver Trust Coins LLC as a result of price and market fluctuations for which you did not fulfill.
**24. No Assignment**
You may not assign this Agreement, including your related rights and/or obligations, without the express prior written consent of Silver Trust Coins LLC. Such consent may be granted or withheld by Silver Trust Coins LLC at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Silver Trust Coins LLC.
**25. Force Majeure**
You acknowledge and understand if Silver Trust Coins LLC and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Silver Trust Coins LLC and/or the Website will not be in breach of any of its obligations to you under this Agreement. A force majeure event means any event beyond the control of Silver Trust Coins LLC and/or the Website. Silver Trust Coins LLC SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
**26. Warranties, Representations, and Restrictions of Website Use**
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information you provide to Silver Trust Coins LLC and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and where you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website, or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Silver Trust Coins LLC name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
**27. Governing Law**
Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and Silver Trust Coins LLC, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of or relate to this Agreement shall be controlled and governed by, and enforced in accordance with, the applicable laws of the United States of America and the State of Montana, including laws in the State of Montana relating to the statute of limitations, without regard to the State of Montana conflicts of laws provisions.
**28. Arbitration Agreement; Class Action Waiver; Waiver of Jury Trial**
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial. YOU AND SILVER TRUST COINS LLC EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include, but shall not limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and Silver Trust Coins LLC agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.
Required Use of arbitrator selected by Silver Trust Coins. By purchasing from Silver Trust Coins LLC you agree to arbitration by an arbitrator selected by Silver Trust Coins LLC. Including but not limited to a national numismatic arbitration group os a selected employee of Silver Trust Coins LLC
Initiating Arbitration. If you intend to seek arbitration, you must first send a written notice (the “Notice”), by certified U.S. Mail to the following:
Silver Trust Coins LLC
Attn: Legal Department
PO Box 231
Summit, NY 12175
If Silver Trust Coins LLC intends to seek arbitration, Silver Trust Coins LLC will send the Notice to the current billing address on your account with Silver Trust Coins LLC. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and Silver Trust Coins LLC cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.
Place to File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Silver Trust Coins LLC agree and consent that such disputes will be resolved in the federal or state courts in the State of New York, as applicable, and that you and Silver Trust Coins LLC agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of New York.
Time Limit to Commence Arbitration. You and Silver Trust Coins LLC agree that for any dispute (except intellectual property disputes), you or Silver Trust Coins LLC must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Silver Trust Coins LLC.**29. 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.**30. Entire Agreement**
This Agreement constitutes the entire agreement between you and Silver Trust Coins LLC and governs your use of the Website, superseding any prior agreements.
**31. Integration**
Silver Trust Coins LLC hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Silver Trust Coins LLC.
**32. Statute of Limitations**
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN SIX MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
**33. Child Online Privacy Protection Act **
The Website is not directed to persons under the age of eighteen (18) and Silver Trust Coins LLC will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Silver Trust Coins LLC inadvertently collects such personally identifiable information, Silver Trust Coins LLC will delete the personally identifiable information in accordance with its security protocols.
**34. Reservation of Rights **
All rights not expressly granted herein are reserved to Silver Trust Coins LLC.
**35. Privacy **
Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.