ONLINE STORE – TERMS AND CONDITIONS
Last modified as of 2/2/2024.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE IN PARAGRAPH 23 THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN PARAGRAPH 23, YOU AGREE THAT DISPUTES WITH ALLEGIANCE GOLD WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF PARAGRAPH 23 AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND.
User’s Acknowledgment and Acceptance of Terms and Conditions
The AllegianceGold.com website and its associated services and content (collectively, the “Website”) is owned and operated by Allegiance Gold, LLC (“Allegiance Gold,” “our,” “we,” or “us”). By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between Allegiance Gold and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Allegiance Gold, making sales to Allegiance Gold, and placing orders with Allegiance Gold. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. ALLEGIANCE GOLD STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from Allegiance Gold, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Please direct any legal questions regarding this Agreement to:
Allegiance Gold LLC
Attn: Legal Department
27001 Agoura Road, Suite 200
Calabasas, CA 91301
- About the Website
Allegiance Gold provides an interactive service that allows visitors and users to purchase physical bullion, such as gold and silver, online or over the phone. Allegiance Gold provides high quality products to its customers by working closely with mints and distributors.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by Allegiance Gold, Allegiance Gold’s contractors and employees, others appearing on the Website at invitation by Allegiance Gold, or other visitors or users of this Website, is solely at your own risk. You understand that Allegiance Gold is not obligated to provide any maintenance, technical or other support for the Website.
- Ownership of Website and License
You acknowledge and agree that Allegiance Gold is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website 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 Website, whether in whole or in part, without the prior written consent of Allegiance Gold.
Allegiance Gold hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Allegiance Gold, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved for Allegiance Gold.
All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. Specifically, all Allegiance Gold marks are the property of Allegiance Gold, including, but not limited to all Allegiance Gold logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Allegiance Gold. You are prohibited from using Allegiance Gold’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Allegiance Gold.
- Account Registration
Account registration and use of the Website is free. You may search, view, and purchase products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account or placing an order on the Website, you are agreeing to receive email and/or text notifications. You may opt out of these notifications at any time.
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 Website. Allegiance Gold reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. 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 Allegiance Gold immediately. You agree to hold harmless and indemnify Allegiance Gold for any damages that arise out of, or in relationship to, the use of your Account.
- Order Policies and Procedures
By creating an Account, you agree that Allegiance Gold, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
You may make purchases and order from Allegiance Gold only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase with Allegiance Gold, 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. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Allegiance Gold within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order date, or a bank wire order is not received in its entirety within two (2) business days of the original order date, 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 Allegiance Gold’s fault or otherwise, we reserve the right to cancel the order.
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 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, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
- Payment Options
Allegiance Gold requires all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH/eCheck, or money order. Allegiance Gold does not accept international payments, credit card convenience checks or any third-party checks. Depending upon the amount of an order, Allegiance Gold reserves the right to request additional documentation for certain orders. Allegiance Gold also reserves 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 Allegiance Gold to authorize and capture your credit card payment prior to shipment.
Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through Allegiance Gold’s third-party payment processors. This temporary charge will be voided. Allegiance Gold will not be held liable for any overdraws that may occur because of the $0.01 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 Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Allegiance Gold will not be held liable for any user’s failure to complete a transaction entered through the Website.
Allegiance Gold 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 an insufficient funds paper check payment, Allegiance Gold reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.
- Payment Instructions
Allegiance Gold will issue payment instructions to you during the ordering process and via email following completion of your order. Allegiance Gold does not accept Cash on Delivery orders. Allegiance Gold 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.
- Cancellation Policy
Once you have placed an order with Allegiance Gold you have entered into a binding legal agreement and you may not cancel the confirmed order
For cancelled orders, the difference between the Purchase Price and the Asking Price will be charged. After Allegiance Gold has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. Allegiance Gold 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 Allegiance Gold deems questionable or suspicious, for orders Allegiance Gold deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Allegiance Gold does not receive payment within the allotted timeframe.
Allegiance Gold is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, Allegiance Gold will contact you directly with notification of the cancellation.
In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, Allegiance Gold may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $25.00 charge will be charged to the customer’s credit card on file.
- Return Policy
Allegiance Gold’s refund, return and exchange policy is limited to five (5) business days from the date you receive the item. You must notify Allegiance Gold’s Customer Service Department via telephone at (866) 674-6724 within five (5) 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. Allegiance Gold may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will not be held more than 3 days. In the case of a request for an exchange, Allegiance Gold expressly reserves the right, in its 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 Allegiance Gold’s Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to Allegiance Gold.
- Allegiance Gold Market Loss Policy
Upon issuance of an order number following a purchase from Allegiance Gold, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at Allegiance Gold’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Allegiance Gold sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of Allegiance Gold. Furthermore and to the extent Allegiance Gold does not have any of your funds in its possession, Allegiance Gold reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Allegiance Gold.
Without limiting any other legal or equitable rights and remedies that may be available to Allegiance Gold, Allegiance Gold 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 Allegiance Gold may have to you. Allegiance Gold 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 Allegiance Gold.
Once your order ships, you will receive a Shipped email with a tracking number. Note that it in some cases it may take 24-48 hours for tracking to begin.
Allegiance Gold fully insures all its 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 Section 12. However, once a package is shown to be delivered by the carrier, Allegiance Gold’s responsibility ends.
Please note that purchases made by credit card will ship 10-15 days after purchase and purchases made with a wire/check will ship 5-7 days from bank clearance.
It is important you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note that if you use one of these locations as the shipping address, Allegiance Gold is not responsible. In addition, if the carrier returns the package to sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return to sender process. This includes the package not making it back to our distribution center, damage or missing contents, etc.
Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.
Delivered but not Received –Please note that Allegiance Gold will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to Allegiance Gold within two (2) calendar days of recorded delivery, else Allegiance Gold may deny any 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 7 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.
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 with 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, Allegiance Gold assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.
- 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 Allegiance Gold. You, and not Allegiance Gold, 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 and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to Allegiance Gold that you have sufficient experience and knowledge to make informed financial decisions and that Allegiance Gold is not making any recommendation with respect to such purchases and/or such sales.
- Disclaimer of Warranties
ALLEGIANCE GOLD PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLEGIANCE GOLD 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. ALLEGIANCE GOLD MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ALLEGIANCE GOLD IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. ALLEGIANCE GOLD RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
ALLEGIANCE GOLD WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT ALLEGIANCE GOLD’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF ALLEGIANCE GOLD’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALLEGIANCE GOLD 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
ALLEGIANCE GOLD SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED VIA THE ALLEGIANCE GOLD ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE ALLEGIANCE GOLD ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. ALLEGIANCE GOLD SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, ALLEGIANCE GOLD 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 ALLEGIANCE GOLD’S REASONABLE CONTROL. ALLEGIANCE GOLD SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE ALLEGIANCE GOLD ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. ALLEGIANCE GOLD IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
- Indemnity and Release
You agree to defend, indemnify and hold Allegiance Gold and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Allegiance Gold, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Allegiance Gold 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 Allegiance Gold’s consent.
You are hereby agreeing to release Allegiance Gold and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and Allegiance Gold is that of purchaser. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
- No Waiver
Upon your failure to comply with your duties and obligations to Allegiance Gold, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Allegiance Gold 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 Allegiance Gold 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 Allegiance Gold the right to charge your credit card for any and all market losses incurred by Allegiance Gold, including, without limitation, administrative fees for accepting your orders to buy from Allegiance Gold as a result of price and market fluctuations for which you did not fulfill.
- No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Allegiance Gold. Such consent may be granted or withheld by Allegiance Gold at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Allegiance Gold.
- Force Majeure
You acknowledge and understand if Allegiance Gold and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Allegiance Gold and/or the Website will not be in breach of any of its obligations to you under this Agreement. A force majeure event means any event beyond the control of Allegiance Gold and/or the Website. ALLEGIANCE GOLD SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
- Warranties, Representations, and Restrictions of Website Use
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information you provide to Allegiance Gold and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and where you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Allegiance Gold name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
- Governing Law
Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and Allegiance Gold, 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 California, including laws in the State of California relating to the statute of limitations, without regard to the State of California conflicts of laws provisions.
- 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 ALLEGIANCE GOLD 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 Allegiance Gold 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:
Allegiance Gold, LLC
Attn: Legal Department
27001 Agoura Road, Suite 200
Calabasas, CA 91301
If Allegiance Gold intends to seek arbitration, Allegiance Gold will send the Notice to the current billing address on your account with Allegiance Gold. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and Allegiance Gold 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 Allegiance Gold agree and consent that such disputes will be resolved in the federal or state courts in the State of California, as applicable, and that you and Allegiance Gold agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of California.
Time Limit to Commence Arbitration. You and Allegiance Gold agree that for any dispute (except intellectual property disputes), you or Allegiance Gold 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 Allegiance Gold.
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.
- Entire Agreement
This Agreement constitutes the entire agreement between you and Allegiance Gold and governs your use of the Website, 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 OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Allegiance Gold will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Allegiance Gold inadvertently collects such personally identifiable information, Allegiance Gold will delete the personally identifiable information in accordance with its security protocols.
- Reservation of Rights
All rights not expressly granted herein are reserved to Allegiance Gold.
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