TERMS AND CONDITIONS
Last updated: July 1, 2023.
Your Acknowledgment and Acceptance of Terms and Conditions
This Agreement contains a mandatory arbitration clause that you should read carefully.
The QualitySilverBullion.com website and its associated services and content (collectively, the “Services”) is owned and operated by Quality Silver Bullion, LLC (“QSB”, “our”, “we”, or “us”). By using, placing an order for products, or selling products through the Services, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between QSB and you, personally and, if applicable, on behalf of the entity for whom you are using the Services (“you” or “your”). This Agreement governs your use of the Services and the products and services we offer on the Services, including making purchases from us, making sales to us, and placing orders with us. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Services and must immediately discontinue your use of the Services.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE SERVICES, BY TELEPHONE, OR OTHERWISE. BY USING THE SERVICES, 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 CEASE YOUR USE OF THE SERVICES.
OUR SERVICES ARE NOT INTENDED FOR OR DIRECTED AT PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, IMMEDIATELY CEASE YOUR USE OF THE SERVICES.
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 SERVICES 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 SERVICES AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from us, whether by telephone, through the Services or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
1. Reliance At Your Own Risk
Your reliance upon any information provided by QSB, including QSB’s contractors and employees, others appearing on the Services at our invitation, or other visitors or users of the Services, is solely at your own risk. You understand that we are not obligated to provide any maintenance, technical or other support for the Services.
2. Ownership and License
All trademarks, common law or registered trademarks displayed on the Services are the property of their respective owners. Specifically, all QSB marks are the property of QSB. The Services, including its look and feel, color selections, layout, and arrangement, is the trade dress of QSB. You are prohibited from using any of the content of the Services to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without our prior written consent.
You acknowledge and agree that we are the exclusive owner of, or have the rights in and to, the Services and its associated content, including but not limited to all intellectual property rights included or inherent therein. You are expressly prohibited from using the Services for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Services, whether in whole or in part, without our prior written consent.
You are granted a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Services for customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Services for a use outside of customary and intended purposes or modifying the Services or any portion of it will result in the termination of this license. You are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Services or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to QSB.
3. Account Registration
You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Services. We reserve the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in our sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You agree that you alone are responsible for your account and all associated User Profiles, and you accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact us immediately. You agree to hold us harmless and indemnify us for any damages that arise out of, or in relationship to, the use of your Account.
4. Order Policies and Procedures
You may make purchases, sell to, and order from us only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with us, you enter into a binding and legally enforceable agreement. Prices and availability are subject to change without notice.
When placing an order on the Services, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. You must ensure that your payment is dated within 24 hours and received by QSB within five business days on orders under $5,000 and three business days on orders more than $5,000 to guarantee your price. Providing us with your credit card information is required to guarantee all orders. If a check payment is not received in its entirety within the specified timeline, any market losses between the order date and time of non-payment will be assessed. A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame. If any order is in error due to our fault or otherwise, we reserve the right to cancel the order.
5. Account Termination
Without limiting any other legal or equitable rights and remedies that may be available to us, in the event of any failure by you to comply with this Agreement, we may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. 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 order placed via the Services 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, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
7. Payment Options
We require all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH/eCheck, or money order. In our sole discretion, we may assess an additional transaction fee or handling fee for payment methods that incur percent-based transaction fees (as is with the case, for example, with credit cards). We do not accept international payments, credit card convenience checks or any third-party checks. Depending upon the amount of an order, we reserve the right to request additional documentation for certain orders. We also reserve the right to hold cleared 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, ACH/eCheck, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize us to authorize and capture your credit card payment prior to shipment.
Credit/Debit card payment for products purchased through the Services are processed through a third-party payment processor. You understand and agree that a temporary holding charge may appear in your pending transactions when you process an order through our third-party payment processors. This temporary charge will be voided. We will not be held liable for any overdraws that may occur because of the temporary charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Services and/or purchase of services through the Services to that applicable governmental entity. You understand and agree that we will not be held liable for any user’s failure to complete a transaction entered through the Services.
We expressly reserve the right to refuse or cancel any order, for any reason, in our sole discretion, regardless of payment method and price confirmation.
In the instance of an insufficient funds paper check payment, we reserve the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to any credit/debit card or other payment method we have on file.
8. Cancellation Policy
Once you have placed an order with us you have entered into a binding legal agreement and you may not 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 by selling the product back to us at our current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM US Mountain time. We reserve the right, in our sole discretion, to permit cancellation or allow you to offset your order. If we permit cancellation or offset, we will provide you with an email confirmation that contains details of the cancellation or offset. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed canceled order, you expressly authorize us to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price. Alternatively, in the event your credit or debit card is denied, we reserve 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. All market gains on cancellations shall belong solely to QSB.
After we have 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 Market Loss fees upon return. We are not responsible for pricing or typographical errors related to merchandise on the Services, and expressly reserve the right, in our sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a canceled order, we will contact you directly with notification of the cancellation.
9. Return Policy
Our refund, return and exchange policy is limited to three business days from the date you receive the item. You must notify us within three business days from the date you receive the item and follow the instructions provided to you at that time. Shipping charges are non-refundable. You are fully responsible for all taxes, as well as return shipping costs, including insuring your return shipment. We may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will not be held more than three days. In the case of a request for an exchange, we expressly reserve the right, in our sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to our Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to us.
10. Market Loss Policy
Upon issuance of an order number following a purchase via the Services, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at our current asking price. If your item is canceled, you are responsible for any difference between the price at which we sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to this Market Loss Policy. Market gains on cancellations or returns shall remain our property. Furthermore and to the extent we do not have any of your funds in our possession, we reserve the right, in our sole and absolute discretion, to charge market loss fees to any credit card or other payment method you have on file with us.
Without limiting any other legal or equitable rights and remedies that may be available to us, we may elect to apply any and all of your funds in our possession to satisfy your monetary obligations and/or may offset any obligations that we may have to you. We also reserve the right, in our sole and absolute discretion, to apply any/all funds in our possession toward the satisfaction of your obligations to us.
Once your order ships, you will receive a confirmation email with a tracking number. Note that in some cases it may take 24-48 hours for tracking to begin.
We fully insure all shipments, and each package over $1,000 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this Agreement. However, once a package is shown to be delivered by the carrier, our responsibility ends. We are not responsible or liable in the event that you are not physically present at the time of delivery, and 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, etc. In addition, we will not be responsible or liable if the carrier returns the package to us because no one was available to receive your package, and something goes wrong during the return to sender process.
Any issues or problems with a shipment MUST be reported to us within two (2) calendar days of recorded delivery, or we may deny the claim.
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 5 days of most recent tracking for USPS and 3 days of most recent tracking for UPS & FedEx. If you do not contact us by these timeframes, insurance will not cover the package and we will not be responsible or liable for your loss. It is your sole responsibility to monitor and track the progress of your shipment. We disclaim any and all responsibility for tracking packages for the purpose of meeting these deadlines.
Missing or Damaged Contents – This is defined as packages that arrive to you 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 loss of insurance coverage.
For any of these issues, we will pursue claims 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.
12. User Generated Content
We may provide you with the ability to submit user generated content to the Services, which may include but is not limited to feedback, ideas, and/or product reviews. Except as otherwise licensed herein, we will own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Services’s associated services. User Generated Content posted to public areas of the Services, including as product reviews, will be publicly visible to all visitors of the Services. We reserve the right, and you agree to allow us, to use your User Generated Content in any way we see fit, in our sole discretion, and that we do not guarantee any confidentiality with respect to any submissions of your User Generated Content. You agree to waive all moral and legal rights, including intellectual property rights, in and to your User Generated Content across the world, whether you have or have not asserted such rights in or to your User Generated Content. By submitting User Generated Content to the Services, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content you submit to the Services will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
We reserve the right to remove User Generated Content without prior notice and may, at our sole discretion, remove User Generated Content that we determine, in our sole discretion, violates the terms and conditions of this Agreement. We also reserve the right to terminate a user’s access to the Services for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this Agreement, or for no reason, and without prior notice.
Either party may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of us or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to us will result in termination of services as deemed appropriate by us.
14. Third-party Content
The Services may contain links to third party websites, applications, or services that we do not own or control. You agree that we will not be held responsible or liable for the content of third-party websites, applications, or services. The views and opinions of users, contributors, and others expressed on this Services do not necessarily state or reflect those of QSB.
15. Disclaimers, Exclusions and Limitations
CAUTION: 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 QSB. You, and not QSB, 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 QSB that you have sufficient experience and knowledge to make informed financial decisions and that QSB is not making any recommendation with respect to such purchases and/or such sales.
16. Disclaimer of Warranties
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, 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. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE SERVICES, OR ANY CONTENT TRANSMITTED THROUGH THE SERVICES. WE ARE 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. WE RESERVE THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME.
WE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE SERVICES AT ANY TIME.
THIS SERVICES MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT OUR 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 OUR CONTROL.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM 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.
17. Limitation of Liability
WE SPECIFICALLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE SERVICES, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE THE SERVICES, AND/OR RELATED PRODUCTS. WE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, WE 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 OUR REASONABLE CONTROL. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE SERVICES.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES.
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.
18. Indemnity and Release
You agree to defend, indemnify and hold QSB 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 Services 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 QSB, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our 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 our consent.
You hereby agree to release QSB 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 Services and related products and services.
The sole relationship between you and QSB 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.
20. No Waiver
Upon your failure to comply with your duties and obligations to QSB, we reserve all rights and remedies available at law or in equity. No delay or failure on the part of QSB 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 QSB 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 QSB the right to charge your credit card for any and all market losses incurred by QSB, including, without limitation, administrative fees for accepting your orders to either buy from or sell to QSB as a result of price and market fluctuations for which you did not fulfill.
21. No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without our express prior written consent. Such consent may be granted or withheld by us in our 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 QSB.
22. Force Majeure
You acknowledge and understand if QSB and/or the Services are unable to provide the products and/or services as a result of a force majeure event, QSB and/or the Services 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 QSB and/or the Services. WE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
23. Warranties, Representations, and Restrictions of Services 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. Any minors under the age of eighteen (18) are prohibited from utilizing the Services and/or related services.
In your use of the Services 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 Services or any websites linked to the Services; (iii) interfere with or damage the Services 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 Services or create or use a false identity; (v) attempt to obtain unauthorized access to the Services or portions of the Services 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 Services or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the QSB name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Services; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Services or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
24. Governing Law
Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and QSB, 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 Utah, including laws in the State of Utah relating to the statute of limitations, without regard to the State of Utah conflicts of laws provisions.
25. 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 QSB 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 QSB 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 JAMS. You agree that the arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect at the time the arbitration is initiated (collectively, the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS Rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at www.jamsadr.com. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules.
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:
Quality Silver Bullion, LLC.
222 W Center St. #1543
Orem, UT 84057
If we intend to seek arbitration, we will send the Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and QSB 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 QSB agree and consent that such disputes will be resolved in the federal or state courts in the State of Utah, as applicable, and that you and QSB agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of Utah.
Time Limit to Commence Arbitration. You and QSB agree that for any dispute (except intellectual property disputes), you or QSB 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 us.
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.
27. Entire Agreement
This Agreement constitutes the entire agreement between you and QSB and governs your use of the Services, superseding any prior agreements.
28. No Integration
No other terms, conditions, or agreements outside of this Agreement except those explicitly stated herein are part of this Agreement, and this Agreement constitutes the entire agreement between the parties with respect to the use of the Services 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 us.
29. 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 ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
30. Contact Information
Please direct any questions regarding this Agreement to:
Quality Silver Bullion
222 W Center St. #1543
Orem, UT 84057