Terms & Conditions
USER AGREEMENT
You must be at least 18 years or older to use this website. By using the website www.texmetals.com and other services provided by Texas Precious Metals, including making purchases from Texas Precious Metals, making sales to Texas Precious Metals and placing orders with Texas Precious Metals, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase from, and/or sell to, Texas Precious Metals you must read and accept all of the terms in the User Agreement. Texas Precious Metals strongly encourages you, as you read this User Agreement, to access and to read carefully the Policy and Procedures available by hyperlink.
This User Agreement is effective on December 1st, 2010, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales, and Orders
You may place orders from Texas Precious Metals only in accordance with the Policy and Procedures.
Disclaimers
You are subject to the Disclaimers (Available by hyperlink) that have been made by Texas Precious Metals, which Texas Precious Metals encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Texas Precious Metals.
In addition, you represent and warrant to Texas Precious Metals that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Texas Precious Metals. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Texas Precious Metals is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Texas Precious Metals, and you expressly acknowledge that Texas Precious Metals is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products, or liquidate the purchased products at prices acceptable to you.
Risks
All investments involve risk. Coins and bullion are no exception. The value of a bullion coin (e.g., United States Mint American Eagles or Royal Canadian Mint Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for you or your company. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Banking Risks
Texas Precious Metals LLC is a wholly-owned subsidiary of Kaspar Texas Traditions, LLC. Texas Precious Metals maintains a bank account with CIBC Bank USA, which is a bank of the United States of America insured by the Federal Deposit Insurance Corporation (the "FDIC"). In its sole and absolute discretion, Texas Precious Metals may elect to move its bank account to another bank which is a member of the FDIC. However, circumstances may arise due to economic forces outside the control of Texas Precious Metals, Kaspar Texas Traditions, LLC, or CIBC Bank USA (or such other replacement bank), which may cause bank holidays, shut downs, bank runs or other disruptions to the banking system. In such events Texas Precious Metals will make every effort to recover customer funds, including filing insurance claims with the FDIC. Customers agree that the recovery of such funds or insurance proceeds from CIBC Bank USA (or such replacement bank) or that Texas Precious Metals's commercially reasonable actions with respect to its partners and suppliers, as the case may be, is the sole remedy for the Customer and that Texas Precious Metals shall have the right to pursue such recovery. The Customer agrees to cooperate with Texas Precious Metals in pursuing such recovery. Notwithstanding the foregoing, Texas Precious Metals cannot and does not guarantee customer deposits or advanced funds during such events and the customer assumes all liability and risk associated with such process, wire transfers, advancement of funds and banking disruptions. Customers agree to hold harmless Texas Precious Metals, and any of its members, representatives, employees, agents, partners or suppliers, for any such losses or damages related to any such disruption described in this paragraph, unless such losses or damages are solely the result of the gross negligence of Texas Precious Metals.
Indemnification
You shall indemnify and hold harmless Texas Precious Metals and its partners, affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Texas Precious Metals or (b) your failure to comply with this User Agreement or the policies adopted by Texas Precious Metals.
Limitation of Liability
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Texas Precious Metals.
In the event that, notwithstanding such limitations of liability, Texas Precious Metals is determined to be liable to you in connection with any transaction between Texas Precious Metals and you pursuant to this User Agreement, the liability of Texas Precious Metals to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Texas Precious Metals shall not, in any event, be liable for any consequential, exemplary, punitive or indirect damages (including, without limitation, lost profits).
Privacy
Texas Precious Metals has adopted this Privacy Policy, (available by Hyperlink) which you are encouraged to access and to read carefully.
Other Policies
Texas Precious Metals has adopted the Disclaimer, the ordering Policy and Procedures, and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Texas Precious Metals. All of these policies may be amended or terminated, at any time and from time to time, by Texas Precious Metals and such amendments and such terminations will take effect when posted on Texas Precious Metals' website www.texmetals.com.
By purchasing from, making sales to, or ordering from Texas Precious Metals, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Export Compliance
Every product that Texas Precious Metals sells is subject to all United States 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 United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department's list of Specially designated Nationals or the United States Commerce Department's Table of Denial Orders.
Anti-money Laundering
Texas Precious Metals maintains a stringent Anti-money Laundering Program (available by hyperlink), which is strictly observed. By agreeing to our Terms & Conditions, customers also agree to Texas Precious Metals's Anti-money Laundering policies.
Termination
Texas Precious Metals may terminate this User Agreement, with or without cause, at any time by written notice to you. The termination of this User Agreement shall not affect the rights and the obligations of Texas Precious Metals and you with respect to the period prior to the termination.
Default; Rights and Remedies
Upon any failure by you to comply with your obligations to Texas Precious Metals, Texas Precious Metals shall have all of the rights and the remedies available to Texas Precious Metals, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Texas Precious Metals may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Texas Precious Metals in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Texas Precious Metals 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 other rights and the other remedies available to Texas Precious Metals, in the event of any failure by you to comply with this User Agreement, Texas Precious Metals may assess a penalty including, without limitation, (i) any and all market losses incurred by Texas Precious Metals and (ii) any and all 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 Texas Precious Metals to collect all of such amounts.
Our “Market Loss Policy”
When purchasing from Texas Precious Metals, once we have issued a confirmation number, the price is locked in for you (firmly fixed) and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled. That amount will be charged to you, plus a $350.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Texas Precious Metals.
In addition to the other rights and remedies available to Texas Precious Metals, in the event of any failure by you to comply with this User Agreement, Texas Precious Metals may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Policy and Procedures.
In addition to the other rights and remedies available to Texas Precious Metals, Texas Precious Metals may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Texas Precious Metals and may offset any monetary obligations that Texas Precious Metals has to you against your monetary obligations to Texas Precious Metals. Texas Precious Metals may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Texas Precious Metals in such manner as Texas Precious Metals determines to be appropriate.
Absence of Relationship
The sole relationship between Texas Precious Metals, its partners, 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 or any partnership relationship, between Texas Precious Metals and you exists.
Assignment
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Texas Precious Metals, which may be granted or withheld by Texas Precious Metals in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Texas Precious Metals and you.
Costs and Expenses of Collection
In the event that Texas Precious Metals must take any action against you to enforce your obligations under this User 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 Texas Precious Metals, including, without limitation, reasonable attorneys’ fees, in connection with such action.
Dispute Resolution
It is the common goal of Texas Precious Metals and you that any disagreement or dispute between Texas Precious Metals and you be resolved expeditiously. Texas Precious Metals and you agree that all disagreements and disputes between Texas Precious Metals and you be resolved in accordance with the following paragraphs:
Forum Selection
The federal and state courts located in or around Shiner, TX, USA, shall have exclusive personal and subject matter jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction and venue of such federal and state courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.
Governing Law
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH Texas Precious Metals AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Texas Precious Metals and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure
If Texas Precious Metals cannot perform any obligation hereunder as a result of any event that is beyond its control, Texas Precious Metals’s delay or failure to perform such obligation shall be excused and Texas Precious Metals shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Texas Precious Metals to carry out this User Agreement.
Notices
Except as otherwise provided in this User Agreement, all notices and other communications to Texas Precious Metals shall be directed to the registered agent in the State of Texas and all notices and other communications to you shall be directed, at the option of Texas Precious Metals, to the address that you provided to Texas Precious Metals at the time of your registration or to the email address that you provided to Texas Precious Metals at the time of your registration.
Recording of Phone Conversations
Texas Precious Metals may record phone conversations between Texas Precious Metals and you strictly for the purposes of order accuracy. You consent to the recording of such phone conversations.
Absence of Waivers
A decision or a failure by Texas Precious Metals to take action with respect to any non-compliance with this User Agreement does not affect the ability of Texas Precious Metals with respect to any other non-compliance with this User 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 this User Agreement.
Severability
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment
Texas Precious Metals may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
Except as set forth herein, this User Agreement may not be amended except by written agreement between Texas Precious Metals and you.
Entire Agreement
This User Agreement sets forth the entire understanding between Texas Precious Metals and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Texas Precious Metals at 361-594-3624.
