By logging in or creating an account at www.usgoldbureau.com (the “Website”) or using any services made available by USGB, LLC d/b/a United States Gold Bureau (“USGB,” “we,” “us,” or “our”), you agree to the terms of this Client Agreement and the other agreements and policies referenced by this Client Agreement (collectively, the “Agreement”). The Agreement consists of:

• This Client Agreement, which governs your use of the Website and our online services;
• The Privacy Policy, which governs our collection, use, and protection of your personal information;
• The Terms & Conditions of Sale, which apply when you purchase products from or sell products to USGB;
• The Consignment Agreement, which applies when you place products with USGB on consignment; and
• Any other policies or terms which link to or reference this Client Agreement.

Use of the Website and our services is subject to the Agreement. Certain activities, including purchasing, selling, or consigning products, are also subject to additional agreements that govern those specific transactions.

Please read the terms of the Agreement carefully as all Disputes (as such term is defined herein) arising under the Agreement are subject to mandatory binding arbitration. The Agreement also contains a waiver of jury trial and waiver of class action rights. This means that any Disputes will be resolved through arbitration, not through court proceedings with a jury, and you waive your right to participate in any representative, collective, or class action. If you do not accept these terms, you should not use the website or engage in any transactions with USGB.

USGB may modify this Agreement at any time by posting an updated version on the Website. For material changes, USGB may provide a conspicuous notice on the Website. We may also notify you via email if you have provided your email address and consented to receive messages. Your continued use of the Website or its services after posting constitutes acceptance of the modified Agreement. Any new content, information, products, or services added to the Website will be subject to the Agreement as of their availability date. We recommend that you periodically review the Agreement for changes.

 

Indemnification:

You shall indemnify and hold harmless USGB and its affiliates, directors, officers, executives, employees, and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that USGB may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to USGB, or (b) your failure to comply with the Agreement, including, without limitation, our Terms & Conditions of Sale, or the other policies adopted by USGB.

 

Limitation of Liability:

You are subject to the limitations of liability contained in the Agreement, including, without limitation, this Client Agreement, our Terms & Conditions of Sale, and other policies adopted by USGB.

In the event that, notwithstanding such limitations of liability, USGB is determined to be liable to you in connection with any transaction between USGB and you pursuant to the Agreement, the liability of USGB to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. USGB shall not, in any event, be liable for any consequential, exemplary or indirect damages.

All orders placed through the online order entry system are taken on a best efforts basis. USGB shall not be responsible for errors (including errors related to pricing), negligence, or inability to execute orders. Nor shall USGB be responsible for any delays in the transmission, delivery, or execution of your order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond USGB’s reasonable control or anticipation.

 

Consignment Agreement:

If you choose to participate in USGB’s Consignment Program, you acknowledge and agree that the Consignment Agreement shall apply to any consigned products (which may be referred to as “Products” in the Consignment Agreement). You acknowledge that you may be required to consent to participate in USGB’s Consignment Program under terms that are substantially similar to those available at [link].

 

Privacy:

USGB has adopted a Privacy Policy, which you are encouraged to access and to read carefully.

 

SMS Terms and Conditions:

You expressly consent to receive SMS text messages from USGB and our marketing partners regarding promotions, product updates, offers, and other account-related notifications. Opting in constitutes your agreement to receive such communications. To opt in: reply “START” to an SMS message or follow the instructions provided by USGB. You may opt out of receiving SMS messages at any time by replying “STOP”. Once you opt out, you will no longer receive marketing messages. For assistance, reply “HELP” or contact USGB customer service.

You may receive multiple messages per day based on your account activity, preferences, and interactions with USGB. Standard message and data rates may apply and are determined by your mobile carrier. You are solely responsible for any such charges.

USGB is not responsible for undelivered, delayed, or misdirected messages due to carrier, network, or technical issues. Messages are provided “as is” and without warranty.

The collection, use, and protection of your data in connection with SMS communications are governed by the USGB Privacy Policy. By opting in, you acknowledge you have read and understand the Privacy Policy.

To the maximum extent permitted by law, USGB disclaims any liability for direct, indirect, incidental, or consequential damages arising from the use of SMS messaging, including but not limited to message errors, service interruptions, or missed communications.

If you do not wish to receive SMS messages, you may access all USGB communications through other channels, including phone, email, or the USGB website.

 

Binding Contract:

Once you have placed an order to buy from or sell to USGB, you have entered into a binding contract.

 

Additional Items:

Additional terms relating to certain products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the products.

 

Export Compliance:

Every product that USGB sells is subject to all U.S. export laws. 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 U.S has embargoed goods. Additionally, no products may be exported or re-exported to any individual or company on the U.S. Treasury Department’s Specially Designated Nationals List (SDN) or the U.S. Commerce Department’s Denied Persons List.

 

Termination:

You may terminate the Agreement at any time by ceasing to use the Website or any services or products provided therein. However, please note that certain terms may continue to apply even after termination, as outlined in the Agreement.

 

Default; Rights and Remedies:

Upon any failure by you to comply with your obligations to USGB, USGB shall have all of the rights and the remedies available to USGB, whether at law, in equity or otherwise, including, without limitation, rights and remedies under the Agreement. Without limiting its rights and its remedies, USGB may turn your unpaid account over to a collection agency or a lawyer for collection. No delay or failure on the part of USGB in exercising any right or any remedy shall operate as a waiver of that right or remedy and no single or partial exercise by USGB of any right or any remedy shall preclude other or further exercise of that right or that remedy, or the exercise of any other right or any other remedy. In addition to the all other rights and remedies available to USGB, in the event of any failure by you to comply with the Agreement, you expressly authorize USGB to charge your credit card or, when intending to pay by electronic check (ACH), debit or draft funds from your bank account on which you previously provided USGB including, without limitation, any and all market losses incurred by USGB including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize USGB to charge your credit card, debit or draft from your bank account any and all such amounts.

 

Absence of Relationship:

The sole relationship between USGB and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship, any fiduciary relationship, any investment advisory relationship, or any partnership relationship shall exist between USGB and you.

 

Assignment:

You may not assign the Agreement or any of your rights or your obligations under the Agreement without the prior written consent of USGB, which may be granted or withheld by USGB at its sole discretion. The Agreement shall be binding upon and inure to the benefit of all permitted assigns and successors of USGB and you.

 

Costs and Expenses of Collection:

In the event that USGB must take any action against you to enforce our obligations under the Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by USGB, including, without limitation, reasonable attorneys’ fees, in connection with such action.

 

Arbitration:

Both you and USGB irrevocably agree that any legal action, suit, or proceeding brought in any way relating to or arising out of the Agreement, or the breach thereof, including, without limitation, any claim, dispute, or controversy relating to your purchase of any USGB products regardless of how made, any communications, advertising or marketing by or regarding USGB, or your use of the Website (including your reliance on any resources, articles, or information made available thereon) (any “Dispute”) will be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules in effect at the time the arbitration is initiated.  Both you and USGB agree that: (a) any dispute about the arbitral tribunal’s jurisdiction, either before or after initiation of the arbitration, and/or (b) any dispute about the arbitrability of any claim, counterclaim, or set off shall be brought solely and exclusively in the federal courts of the State of Texas; an arbitral tribunal may not decide its own jurisdiction or the arbitrability of any matter in the event of any disagreement between the Parties.  This arbitration provision is governed by the Federal Arbitration Act (“FAA”) and will apply to all Disputes. Both you and USGB expressly agree that this arbitration provision will be governed by the FAA even if you, USGB, or this arbitration provision is otherwise exempted from the FAA. Any Disputes shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Texas law governing arbitration agreements will apply.  The arbitration award rendered by the arbitrator(s) shall be final and binding upon you and USGB.  The existence, content, or results of such arbitration proceeding shall be kept confidential, unless applicable law requires otherwise or to the extent required to compel arbitration, when required to enforce other rights or defend other proceedings in situations in which the fact of the award is a necessary element of the claim or defense, or to obtain interim relief or to enforce an award. The arbitrator is required to award to the prevailing party its reasonable attorneys’ fees and may award all costs, including the costs of the arbitrator and the AAA fees.  Any award must be made in US Dollars and be subject to the terms of the Agreement. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THE AGREEMENT.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to: U.S. Gold Bureau attn: Customer Services, 203 Heritage Grove Rd., Leander, Texas, 78641 and email customerservice@usgoldbureau.com  

Governing Law; Forum Selection; Waiver of Jury Trial:

The Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, United States of America, without regard to conflict of laws principles. The place of arbitration will be (i) Williamson County, Texas (the “Dispute Resolution Location”); or (ii) via videoconference as required to allow the hearing to proceed as scheduled at the discretion of the arbitrator.  Except as otherwise expressly set forth herein, both you and USGB waive any objection to the aforementioned choice of law or venue. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION AND WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, INCLUDING THAT THE SELECTED ARBITRATOR DOES NOT HAVE JURISDICTION OVER YOU. YOU AGREE THAT A FINAL JUDGMENT IN ANY ARBITRATION PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. IF ARBITRATION IS NOT APPLICABLE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT, OR ANY TRANSACTIONS CONTEMPLATED THEREBY.

 

Waiver of Class Actions:

By agreeing to the Agreement, you agree that you will not participate in any class action, representative action, or consolidated action, whether in court or in arbitration, against USGB, its affiliates, or its service providers.  You agree that any Dispute you have, whether in court or in arbitration, will be resolved solely on an individual basis, and not as a class action, class-wide arbitration, or as part of any representative action. You further waive any right to join any class or representative action related to your Dispute and agree that no arbitrator or court shall have the authority to combine or consolidate individual claims or allow you to bring a Dispute as a class action.  If any part of this paragraph is deemed unenforceable, the remainder of this clause will remain in full force and effect, and the Dispute will be handled individually without class or representative actions.

 

Time for Bringing a Dispute:

Any Dispute must be commenced within one (1) year after the occurrence of the events leading to the Dispute.

 

Force Majeure:

If USGB cannot perform any obligation hereunder as a result of any event that is beyond its control, USGB’s delay or failure to perform such obligation shall be expressly excused by you and USGB shall not be liable for any damages as a result of, or in connection with, such delay or failure.

 

Notices:

Except as otherwise provided in the Agreement, all notices and other communications to USGB shall be directed to the registered agent of USGB, LLC, in the State of Texas and all notices and other communications to you shall be directed, at the option of USGB, to the address that you provided to USGB at the time of your registration, or to the email address that you provided to USGB at the time of your registration.

 

Recording of Phone Conversations:

USGB may record phone conversations between USGB and you. You expressly consent to the recording and archiving of all phone conversations between USGB and you.

 

Absence of Waivers:

A decision or a failure by USGB to take action with respect to any non-compliance with the Agreement does not affect the ability of USGB with respect to any other non-compliance with the Agreement, whether of a similar or dissimilar nature.

 

Section Headings:

The section headings are included for ease of reference and do not affect the interpretation or the scope of the Agreement.

 

Severability:

The Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

 

Amendment:

USGB may amend the Agreement or any other policies at any time by posting the amended terms on the Website. Except as otherwise provided in the Agreement, the amended terms will become automatically effective 30 days after their initial posting on the Website. The Agreement may not be otherwise amended except by written agreement between USGB and you.

 

Accessibility:

If you have specific questions or concerns about the accessibility of any web page on the Website, then please contact us by e-mail at contactus@usgoldbureau.com or by phone at (800) 775-3504 If you do encounter an accessibility issue, then please be sure to specify the web page and nature of the issue, and we will make all reasonable efforts to make that page, or the information contained therein accessible for you.

 

Entire Agreement:

The Agreement sets forth the entire understanding between USGB and you with respect to the subject matter of the Agreement. The Agreement, along with any terms referenced herein, shall supersede any terms or statements provided orally, in writing (including through email or SMS communication), or through any other means, including but not limited to communications made by representatives during phone conversations. The terms of the Agreement constitute the final and binding agreement between the parties, and no prior or contemporaneous representations shall have any effect. If you have any questions with respect to the Agreement or your rights and your obligations under the Agreement, please contact USGB, LLC, at (800) 775-3504.