Terms & Conditions Effective February 1st, 2016
By using and placing an order for products through the PacificPreciousMetals.com website (the “Website”), telephone order, or in person order, you agree to the terms and conditions set forth below (the “Terms and Conditions”). The Terms and Conditions is a legally binding agreement made by and between Pacific Precious Metals LP (“Pacific Precious Metals”, “PPM”, “our,” “we” or “us”), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from Pacific Precious Metals, making sales to Pacific Precious Metals, and placing orders with Pacific Precious Metals.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, IN PERSON, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH Pacific Precious Metals. Pacific Precious Metals STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS 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 THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
By purchasing from, making sales to or ordering from Pacific Precious Metals, whether by telephone, through the Website, in person, or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
If you have any legal questions regarding these Terms and Conditions, please confer with your legal counsel.
Purchases, Sales, and Orders – Policies and Procedures
You may make purchases, sell to, and order from Pacific Precious Metals only in accordance with these Terms and Conditions and accompanying policies and procedures. Upon placing an order to purchase or sell with Pacific Precious Metals, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email and may be shown to you on the final website confirmation page. Your credit card information is required to guarantee all orders other than orders that are using a credit card as the payment method. In order to reserve your guaranteed price, your payment must be received by Pacific Precious Metals within two (2) business days for wire payments or any payment method when “pick up in person” is selected as the delivery method. For orders that will be shipped and you are sending us a personal check, cashiers check, or money order, payments MUST be postmarked within one (1) business day of order placement and MUST be received within five (5) business days of order placement.
In most cases, orders will be canceled if payment is received after the allotted time frame. When an order is canceled, our market loss policy will go into effect and, in addition, a $45 cancelation fee will be applied. If we do choose to accept late payment, a $45 late payment fee will be applied and must be paid before the order can be picked up or shipped. There are no exceptions to this policy. If any order is in error, due to Pacific Precious Metals’ fault or otherwise, we reserve the right to cancel the order.
When selling to Pacific Precious Metals the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at Pacific Precious Metals’ current purchase price. Sales to Pacific Precious Metals must be shipped within one (1) business day and you must contact Pacific Precious Metals via email at email@example.com or telephone at 877.471.7528 to provide a tracking number so that we can confirm that the product has been shipped and is en route.
All products sold to PPM must be received by Pacific Precious Metals within five (5) business days, else the customer will be charged any Market Losses as well as a $45 administrative fee. If Pacific Precious Metals does not receive the product within five (5) business days but the delay is attributable to the carrier, Pacific Precious Metals may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to Pacific Precious Metals, in the event of any failure by you to comply with these Terms and Conditions, Pacific Precious Metals may 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.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other type of fraud that we detect or suspect to the appropriate authorities. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information, such as a copy of a government issued ID. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Pacific Precious Metals requires that all payments be made via credit card, debit card (in person only), bank wire, personal check, certified check, cashier’s check, money order, or cash (in person only). Depending upon the amount of an order, Pacific Precious Metals reserves the right to request additional documentation. Pacific Precious Metals 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. Bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Pacific Precious Metals to authorize and capture your credit card payment prior to shipment. We do not accept cash payment in excess of $10,000.
Pacific Precious Metals 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 paper check payment that is returned as nsf (not sufficient funds), Pacific Precious Metals reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit card on file.
Pacific Precious Metals will issue payment instructions to you during the ordering process and via email following completion of your order. Pacific Precious Metals does not accept Cash on Delivery orders. Pacific Precious Metals 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.
Once you have placed an order to buy with Pacific Precious Metals 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 (i.e. the product can be sold back to Pacific Precious Metals) at Pacific Precious Metals’ current Buy Price on the day that we receive your email or telephone request for such an offsetting transaction. Credit card orders may not be offset 48 hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 10:00 AM to 5:00 PM PST. Pacific Precious Metals 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 Pacific Precious Metals 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 $45.00 (USD) administrative fee. As applicable, the difference between the Purchase Price and our Buy Price will be added to the $45.00 (USD) administrative fee. In the event of a confirmed cancelled order, you expressly authorize Pacific Precious Metals to automatically bill the credit card on file for the difference between the Purchase Price and the Asking Price, plus the $45.00 (USD) administrative fee. Alternatively, in the event that your credit card is denied, Pacific Precious Metals 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 Pacific Precious Metals.
For cancelled/offsetting orders, $45.00, plus the difference between the Purchase Price and PPM’s Buy Price will be charged.
After Pacific Precious Metals 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 $45 cancellation fee.
Pacific Precious Metals 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 Pacific Precious Metals deems questionable or suspicious, for orders Pacific Precious Metals deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Pacific Precious Metals does not receive payment within the allotted timeframe.
Pacific Precious Metals 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 Pacific Precious Metals will contact you directly with notification of the cancellation.
All sales for bullion products by Pacific Precious Metals’s are FINAL. Products can be sold back to Pacific Precious Metals at any time by calling us on 877.471.7528 and the price of that sale back to PPM will be determined by the PPM Buy Price indicated on our website at the time of the sale back to PPM.
However, Pacific Precious Metals wants our customers to be satisfied with their purchases from Pacific Precious Metals. At your request, we may, but are not obligated to, provide you with an opportunity to exchange a product for an identical product in the event of a material defect. If we agree to do so, such exchange must be made within fourteen (14) Business Days from the date on which the customer receives his or her product(s) and only to those customers who timely and properly notify our support representatives by telephone at 877.471.7528, and who receive written confirmation that the exchange request has been approved. If approved, the support representatives will give you instructions on how to exchange your items.
Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by Customer Service, including carefully packaging the Product. You are responsible for the cost of return shipping, the cost or PPM reshipping and the risk of loss during the return shipment as part of the exchange. Pacific Precious Metals reserves the right, at its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, we reserve the right to accept or refuse the exchange request in our sole discretion, and to require you to pay for any market loss on approved exchanges. Any market gain on refunds shall vest in and remain the property of Pacific Precious Metals.
Pacific Precious Metals Market Loss Policy
Upon issuance of an order number following a purchase from Pacific Precious Metals, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Pacific Precious Metals’ current buy price. If your item is cancelled, you are responsible for any deficit between the price at which Pacific Precious Metals sold the item to you and the offsetting buy price. As set forth above, all cancellations are subject to our market loss policy, in addition to a $45.00 (USD) administrative fee. Market gains on cancellations or returns shall remain the property of Pacific Precious Metals.
Without limiting any other legal or equitable rights and remedies that may be available to Pacific Precious Metals, Pacific Precious Metals 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 Pacific Precious Metals may have to you. Pacific Precious Metals 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 Pacific Precious Metals.
Shipment and Delivery
Product availability is indicated on each item listed on our website. There may be slight differences in delivery times between items that are being shipped versus items that will be picked up in person. These delivery times are indicated on each coins individual shopping page.
When a product is is indicated as “in stock”, then it will ship 1-3 business days from the date of the cleared payment.
When a product is indicated as delayed, the information on how long that delay will be is shown below the coin information on the website. This normally only happens when demand spikes and manufacturers get backlogged. Our experience indicates that these backlogs can range from a few days to up to 60 days.
Items are shipped using known carriers. The vast majority of orders will be shipped via the US Postal Service Priority or Express Mail. UPS may also be used and either UPS ground or UPS second day air are the most common ways items are shipped, depending upon the total value of the shipment and the weight of the shipment.
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 requires a signature upon delivery. Pacific Precious Metals 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.
However, we 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, Pacific Precious Metals 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 re-ship your items or refund your money at our discretion and may do so only once the insurance investigation has been concluded, which usually takes sixty to ninety (60-90) days. Pacific Precious Metals, at its sole discretions, may decide to ship you a lost product(s) before the insurance investigations has concluded.
Please note that Pacific Precious Metals 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 Pacific Precious Metals may have to refute any claims.
Each product that Pacific Precious Metals 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.
Either Pacific Precious Metals 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 shall not affect the rights and the obligations of Pacific Precious Metals or you with respect to the period prior to the date of termination.
Disclaimers, Exclusions and Limitations
All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Pacific Precious Metals. You, and not Pacific Precious Metals, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to Pacific Precious Metals that you have sufficient experience and knowledge to make informed financial decisions and that Pacific Precious Metals is not making any recommendation with respect to such purchases and/or such sales.
Disclaimer of Warranties
Pacific Precious Metals PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pacific Precious Metals 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. Pacific Precious Metals 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 NON-INFRINGEMENT
Disclaimer of Forward Looking Statements. THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT Pacific Precious Metals’ 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 Pacific Precious Metals’ CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Pacific Precious Metals 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.
Limitation of Liability
PACIFIC PRECIOUS METALS SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE PACIFIC PRECIOUS METALS ONLINE ORDER ENTRY SYSTEM, ON THE TELEPHONE, OR IN PERSON IN ONE OF OUR OFFICES, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE PACIFIC PRECIOUS METALS ONLINE ORDER ENTRY SYSEM, A TELEPHONE ODER, IN PERSON IN ONE OF OUR OFFICES, OR OUR WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. PACIFIC PRECIOUS METALS SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, PACIFIC PRECIOUS METALS 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 PACIFIC PRECIOUS METALS’ REASONABLE CONTROL. PACIFIC PRECIOUS METALS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE PACIFIC PRECIOUS METALS ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnity and Release
You agree to defend, indemnify and hold Pacific Precious Metals and its parents, 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 these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty me by you to Pacific Precious Metals, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Pacific Precious Metals 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 Pacific Precious Metals’ consent.
You are hereby agreeing to release the Pacific Precious Metals and its parents, 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.
The sole relationship between you and Pacific Precious Metals 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.
Upon your failure to comply with your duties and obligations to Pacific Precious Metals, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Pacific Precious Metals 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 Pacific Precious Metals 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 that you fail to comply with these Terms and Conditions, you expressly authorize and grant to Pacific Precious Metals the right to charge your credit card for any and all market losses incurred by Pacific Precious Metals, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Pacific Precious Metals as a result of price and market fluctuations for which you did not fulfill.
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of Pacific Precious Metals. Such consent may be granted or withheld by Pacific Precious Metals at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and Pacific Precious Metals.
You acknowledge and understand that if Pacific Precious Metals and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Pacific Precious Metals and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of Pacific Precious Metals and/or the Website. Pacific Precious Metals 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 THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services.
You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of 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 these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. 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 these Terms and Conditions. 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 Pacific Precious Metals 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 these Terms and Conditions.
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 Pacific Precious Metals 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 San Francisco, 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, Pacific Precious Metals will have the right to seek injunctive or other equitable relief in state or federal court located in the San Francisco Bay Area 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, telephone order, or in person order, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Pacific Precious Metals 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 Pacific Precious Metals, 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 Pacific Precious Metals to carry out these Terms and Conditions.
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.
This Agreement constitutes the entire agreement between you and Pacific Precious Metals and governs your use of the Website, telephone orders, or in person orders superseding any prior agreements.
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.