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Terms of Use


Last Modified: Feb 2nd, 2024

  1. Acceptance of Terms of Use
    These terms of use are entered into by and between You and Augusta Precious Metals ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the augustapreciousmetals.com website (the "Website") as a guest or a registered user and your decision to receive text or email messages from us ("Electronic Messaging" and, together with the Website, the "Services"). Should you purchase any products or services from us, such transactions will be governed by the terms of our transaction agreement, which can be found at https://www.augustapreciousmetals.com/shipping-transaction-agreement/.

    Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and the Company's Privacy Policy, found at https://www.augustapreciousmetals.com/privacy-policy/, incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. These Terms of Use form a contract between you and Augusta Precious Metals. By using the Services, you represent and warrant that you are of legal age to enter into a binding contract and that you are not barred from receiving the Services under the laws of any applicable jurisdiction. If you are using the Services on behalf of a company or organization, such company or organization will be considered a party to these Terms of Use.

    The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We operate the Services in the United States. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.

    If you do not meet all of these requirements, you must not access or use the Services.
  2. Changes to Terms of Use
    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are automatically effective immediately when we post them. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  3. Accessing the Services and Account Security
    We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. We reserve the right to restrict access to or terminate some parts of the Services, or all of the Services at any time and for any reason.

    To access certain information through the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide is accurate, current and complete, and such information is timely updated to keep it accurate, current and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  4. Your Materials
    The transmission of information, including any confidential, proprietary, sensitive, privileged and/or financial information, to the Company via email is not secure. Unless specifically requested, the Company does not want to receive any confidential, proprietary or trade secret information from you via the Website (including via any contact email made available on the Website).

    In the event you do send the Company any information or materials including, without limitation, creative works, idea submissions, suggestions, or concepts in any media including, without limitation, images, video, and audio, you grant the Company an unrestricted, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferrable, and sub-licensable right and license to use, copy, modify, reproduce, publish, create derivative works from, distribute, perform, display, and sublicense (through multiple levels) such information or materials in any media, including for commercial purposes. If you send the Company any such information or materials, you warrant that such information or materials are (i) not confidential, (ii) owned by you, and (iii) that the submission of said information or material does not violate the rights of any third party.
  5. Intellectual Property Rights
    The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our permission. The Company name and logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

    Except for the limited right to use the Website as described in this section below, no right, title or interest in or to the Services, any content within the Services, or any intellectual property in or related to the Services (including, without limitation, all patents, inventions, copyrights, trademarks, trade names, or service marks) is transferred to you. All rights not expressly granted herein are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and/or other laws. Your use of the Services shall not grant you any claim of ownership over any content, and you agree to comply with all applicable law, including copyright and trademark laws.

The Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable and non-assignable license to use the Website solely for the purposes of communicating with, obtaining information from, or conducting purchase and sale transactions with the Company. Any violation by you of these Terms of Use will result in the automatic termination of the foregoing license to you.

  1. Prohibited Uses
    You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
  • In any way that violates any applicable law.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attempt to test the vulnerability of the Services, including the Website.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

Violating the security of the Services, including the Website may result in civil or criminal liability. The Company may cooperate with law enforcement if a criminal violation is suspected.

  1. Reliance on Information Posted
    The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents. The statements made on this Website and through the Services concerning future prospects of market performance are opinions, and past performance does not guarantee future results. The markets for precious metals are subject to substantial fluctuations, including significant rapid increases and decreases from time to time. The Company does not guarantee, assure, or promise future market movement, prices, acquisition and disposition margins, or profits, or that any investment you make is without the risk of loss of the principle.

    The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  2. Changes to the Services
    We may update the content contained on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material contained on the Services may be out of date at any given time, and we are under no obligation to update such material.
  3. Links from the Services
    If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  4. Disclaimer of Warranties
    WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL OBTAINED OR POSTED THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

    YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  5. Limitation on Liability
    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT CONTAINED IN THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  6. Release

If you have a dispute with another user of the Services, you release the Company (and its officers, directors, agents, affiliates, and employees) from claims and damages of every kind, known and unknown, arising out of or connected with such dispute.

  1. Claims of Infringement

We respect the intellectual property rights of others, and we prohibit uploading, transmitting, sharing or otherwise making available material that violates a third party's intellectual property rights. Pursuant to the Digital Millennium Copyright Act ("DMCA"), the Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its designated agent identified below. If you believe your copyrighted work is accessible on the Services you may submit a notification pursuant to the DMCA by providing us with the following information in writing: (i) identify the copyrighted work or intellectual property that you claim has been infringed, (ii) identify where on our Services the infringing work is located, (iii) include a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (e.g., fair use), (iv) include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf, and (v) include your name, mailing address, telephone number and, if available, email address. You may provide your notification by sending an email to our designated agent at info@augustapreciousmetals.com.

 

If we receive a proper notification of copyright infringement, we may promptly remove or disable access to the allegedly infringing material and may remove access to the Website for users who are repeat infringers. While the Company considers all such notices seriously, you may be liable for damages if you materially misrepresent that content is infringing. Thus, you may wish to consult with an attorney if you are uncertain if any content infringes your copyrights.

  1. Indemnification
    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to any use of the Service's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.
  2. Governing Law and Jurisdiction
    All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to conflict of law principles. Subject to Section 16, below, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the Courts of Casper, Wyoming, and each of the parties hereto irrevocably waives any objection to jurisdiction and venue in such courts.
  3. Dispute Resolution, Arbitration and Class Action Waiver
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    1. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us arising from or related to the Services or these Terms, you agree that before taking any formal action, you will contact us at customer-care@augustapreciousmetals.com, provide a brief, written description of the dispute and your contact information. Except for intellectual property, you and the Company agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
    2. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below) subject to the terms set forth below. Specifically, the parties agree that any claim, dispute or controversy arising out of, or relating to, these Terms of Use, or the breach thereof, shall be resolved through final and binding Arbitration to be administrated by National Arbitration and Mediation ("NAM") and governed by NAM's Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction.
      If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM's Commercial Dept. can be contacted at (800) 358-2550 or by NAM's website at www.namadr.com. Arbitration shall be initiated and take place in the state of Wyoming, United States, and you and the Company agree to submit to the personal jurisdiction of any federal court in Wyoming in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    3. No Jury Trial. The parties understand that, absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial, but by agreeing to this mandatory arbitration section, they give up those rights. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    4. Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    5. Exception: Litigation of Intellectual Property. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

UNLESS PROHIBITED BY LAW, YOU MUST NOTIFY THE COMPANY WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE.

  1. Waiver and Severability
    No waiver by either party of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
  2. General

Nothing in these Terms of Use constitutes a partnership or joint venture between you and the Company. You agree that use of the Services will not imply any relationship with the Company except that of customer and vendor. These Terms of Use are for the express benefit of the Company and its representatives, officers, shareholders, subsidiaries, employees and agents (including service providers). If and to the extent an action of any kind is brought against any such person on account of the Website or any communications and interactions with the Company through or facilitated by the Website, such persons shall have all of the protections afforded by these Terms of Use, including the dispute resolution procedure. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Services. The Company may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets. Sections 4 (Your Materials), 5 (Intellectual Property Rights), 10 (Disclaimer of Warranties), 11 (Limitation on Liability), 12 (Release), 14 (Indemnification), 16 (Dispute Resolution, Arbitration and Class Action Waiver), 17 (Waiver and Severability), and 18 (General) and any provision that was, by its nature, intended to survive termination of these Terms of Use, shall survive any termination or expiration of these Terms of Use.

  1. Contacts
    If you have questions about these Terms of Use or the Services, you may contact the Company at info@augustapreciousmetals.com or Augusta Precious Metals, 5830 East 2nd Street, Casper, WY, US 82609.

 

Investment in precious metals involves risk and is not suitable for all investors. Augusta Precious Metals recommends that you consult your own financial or investment advisors prior to investing in precious metals. Augusta is not qualified and does not offer financial, investment, legal, or tax advice. This site and the information provided by Augusta throughout its sales process is general in nature and is not tailored to any specific person, their circumstances, or their financial goals.

Opinions offered by Augusta Precious Metals are its own. Additionally, while Augusta attempts to provide factually accurate information, information presented by Augusta may turn out to be inaccurate or incomplete. You should conduct your own independent verification of any facts or opinions presented prior to making any investment.

All decisions regarding the purchase or sale of precious metals are your own, and should only be made after considering your investment objectives, risk tolerance, and level of experience. Augusta Precious Metals cannot guarantee, assure, or promise future market movement, prices, or profits. Past performance does not guarantee future results. Any investment in precious metals is speculative and could result in significant financial losses.

* Past customers received silver coins as a thank-you for reviews. Joe Montana is a paid ambassador for Augusta.

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