THIS AGREEMENT APPLIES TO ALL ORDERS PURCHASES, AND SALES MADE VIA SHOP.GOLDLINE.COM. BY USING SHOP.GOLDLINE.COM, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE SHOP.GOLDLINE.COM. GOLDLINE ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO, AND YOU AGREE, THAT WE MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOU FURTHER AGREE THAT WE MAY MAKE CHANGES TO SHOP.GOLDLINE.COM AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. BY YOUR CONTINUED USE SHOP.GOLDLINE.COM AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from or ordering from Goldline through Shop.goldline.com, or making subsequent sales to Goldline, you are agree to comply with all terms, policies, rules, restrictions, obligations, representations, and warranties set forth herein. As this Agreement contains legal obligations, please read them carefully. Please direct any legal questions regarding this Agreement to:
Attn: Legal Department
Goldline, Inc., 11835 west Olympic Blvd., Ste. 500 Los Angeles, CA 90064
800-963-9798 or Clientconcierge@goldline.com
1. About the Shop.goldline.com
Goldline through Shop.goldline.com, provides an interactive service that allows users to purchase high quality physical bullion products, such as gold and silver, online. You should understand and be aware that Shop.goldline.com and related content on Shop.goldline.com may not be complete or up to date, and therefore should not be relied on. Your use of any information provided by Goldline, Goldline’s contractors and employees, and others appearing on shop.goldline.com by Goldline’s invitation, or by other visitors or users of shop.goldline.com is solely your responsibility and at your own risk. Accordingly, you are hereby acknowledging Goldline is not obligated to provide, or to continue to provide, any maintenance, technical or other support for shop.goldline.com.
2. Account Registration; Order Policies and Procedures; Fraud.
Account registration and use of Shop.goldline.com is without charge. You may search, view, and purchase products from shop.goldline.com as a guest, without registering for an account. If you choose to register an account and create a User Profile, you will be required to complete the requested information. By creating an account, placing an order on shop.goldline.com, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time.
You have an obligation to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that 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 that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of shop.goldline.com. Goldline 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 understand and agree it is your responsibility to keep your account secure from unauthorized access. For this purpose, you will log on to shop.goldline.com, using a personal account password chosen by you. You should not to reveal your account password to others. You agree that you alone are responsible for your account and all associated User Profiles, and accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to immediately contact Goldline. You agree to hold harmless and indemnify Goldline for any damages incurred by Goldline that arise out of or are related to the use of your Account.
Without limiting any other legal or equitable rights and remedies that may be available to Goldline, in the event of any failure by you to comply with this Agreement, Goldline 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.
By creating an Account, you agree that Goldline, 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 shop.goldline.com only in accordance with this Agreement and any accompanying policies and procedures. You understand and agree that upon placing an order to purchase using shop.goldline.com, or in any subsequent sale to Goldline, you have entered into a legally binding and enforceable contract. Prices and availability of products are subject to change, without notice.
When placing an order for product on shop.goldline.com, the price at which your order is placed is the confirmed price. After you place an order, an “order number” will be sent to you via email. Please note, your credit card information is required to guarantee all orders you place. In order to maintain your confirmed price, once you place your order, if you are not paying by credit card or debit card, your subsequent payment must be received by Goldline, in the case of wire transfers, within two (2) business days, and in the case of payment by check, within three (3) business days, of placing your order. Your order is only complete upon charging your credit card, our receipt of funds by bank wire or clearance of payment by check.
If any order is in error due to Goldline’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 credit card 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 shop.goldline.com 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 and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
3. Payment Options
Goldline will issue payment instructions to you during the ordering process and via email following completion of your order. Goldline does not accept Cash on Delivery orders. Goldline requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, or cashier’s check. Goldline does not accept credit card convenience checks or any third party checks. Depending upon the amount of an order, Goldline reserves the right to request additional documentation for certain credit card orders. Goldline also reserves the right to hold 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, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Goldline to authorize and capture your credit card payment prior to shipment.
Credit card or Debit card payment for products purchased through shop.goldline.com 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 Goldline’s third-party payment processors. This temporary charge will be voided. Goldline will not be held liable for any overdraws that may occur as a result 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 shop.goldline.com and/or purchase of services through shop.goldline.com to that applicable governmental entity. You understand and agree that Goldline will not be held liable for any user’s failure to complete a transaction entered into through shop.goldline.com.
Goldline 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 a bounced paper check payment, Goldline reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.
4. Cancellations / Pre-Shipment Order Sell-Backs
Once you have placed an order through shop.goldline.com you have entered into a legally binding and enforceable contract, and cannot cancel the order. However, after your order has been placed, but prior to shipment, you can choose to sell your product back to Goldline at Goldline’s then current ask price (“Ask Price”) on the day that we receive your written request to purchase your product back before shipment. Credit/debit card orders may not be sold back to Goldline later than 24 hours after the time your order is placed. All pre-shipment sell-back requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM PST. Goldline reserves the right, in its sole discretion, to accept your pre-shipment sell-back request. For pre-shipment sell-back requests, the difference between the original Purchase Price and the Ask Price at the time your pre-shipment sell-back request is processed (the “Market Loss Fees”) will be charged to you. Any and all market gains on cancellations shall belong solely to Goldline. After Goldline has shipped the product, the order is final and cannot be altered or sold back to Goldline in the manner described above. If you refuse shipment, the product will be returned to us and you will have to pay to have it reshipped.
Pre-shipment sell-back requests must be approved over telephone, live chat, or email. Upon approval, Goldline will provide you with a sell-back confirmation and the amount of the applicable Market Loss Fees. In the event of a confirmed sell-back, you expressly authorize Goldline to bill the credit or debit card on file for the amount of the Market Loss Fee. Alternatively, in the event that your credit or debit card is denied, Goldline reserves the right to invoice you, in which case, you expressly agree to pay the Market Loss Fee, in full, within ten (10) business days. Any additional, future orders will not be permitted unless and until all Market Loss Fees are paid in full.
Goldline 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 Goldline deems questionable or suspicious, for orders Goldline deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Goldline does not receive payment within the required timeframe.
Goldline is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order Goldline will contact you directly with notification of the cancellation.
5. Exchanges and Returns
As noted above, under Cancellations / Pre-Shipment Order Sell-Backs, after Goldline has shipped the product, the order cannot be cancelled. If, within five (5) business days from the date that you received your product, you would like to exchange the product you purchased for a different product sold on shop.goldline.com, or you would like to return the products purchased, you must notify Goldline’s Customer Service Department via telephone at 800-963-9798. Please note Goldline will not accept any exchanges after such date. If you choose to exchange a product, you are fully responsible for all taxes, as well as all return shipping, insurance and handling costs. Goldline may reject any returned or exchanged item that does not conform to these terms. Returns and exchanges are subject to Goldline’s Market Loss Policy.
6. Goldline’s Market Loss Policy
All pre-shipment sell-back requests, exchanges and returns are subject to any market loss realized. This means you will be responsible for any deficit between the original Purchase Price and the Ask Price at the time your pre-shipment sell-back request, exchanges or returns are processed (the “Market Loss Fees”). Market gains on pre-shipment sell-back requests, exchanges or returns shall remain the sole property of Goldline.
Without limiting any other legal or equitable rights and remedies that may be available to Goldline, Goldline reserves the right, in its sole and absolute discretion, to apply any and all of your funds in its possession to satisfy your monetary obligations to Goldline and/or may offset any obligations that Goldline may have to you, including Market Loss Fees.
Although most orders are shipped within one business day, in unusual circumstances, and depending upon the manner of delivery, shipment may take up to twenty-eight (28) calendar days from receipt by Goldline of payment in full. You are fully responsible for applicable taxes, and shipping and handling charges, unless notified otherwise. Each package over $1000 requires a signature upon delivery. Goldline fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy.
Goldline will not accept responsibility for any losses if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party. When we ship to you, if products are lost or damaged in transit, Goldline is responsible to pursue any claim with the insurance company; provided, however, 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 describing the circumstances surrounding the damaged/lost merchandise. If we determine the package is lost or damaged, in our sole discretion, we will file an insurance claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our sole discretion.
Please note that Goldline will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or claims with a shipment MUST be reported to Goldline, in writing within 2 business days of receipt of your order, otherwise they will be deemed to be waived by you.
In the event that a package becomes lost in transit, it is your responsibility to notify Goldline of such within three (3) days of the anticipated delivery date. While Goldline will make reasonable efforts to locate the package, Goldline will not be held liable for packages lost in transit without notice within three (3) days of the anticipated delivery date. Except as my otherwise covered by Goldline’s insurance, you are solely responsible for any packages, along with the contents and monetary value thereof, that are lost in transit unless you notify Goldline within three (3) days of the anticipated delivery date.
8. Export Compliance
Each product that Goldline sells is subject to all United States export laws. Therefore, 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.
9. User Generated Content
Goldline may provide you and others with the ability to submit user generated content to be posted on shop.goldline.com, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of shop.goldline.com’s associated services. User Generated Content posted to public areas of shop.goldline.com, including as product reviews, will be publicly visible to all visitors of shop.goldline.com. You expressly acknowledge, however, that Goldline does not guarantee any confidentiality with respect to any submissions of your User Generated Content, and may delete it at any time.
By submitting User Generated Content to shop.goldline.com, you grant Goldline a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of shop.goldline.com and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with shop.goldline.com or its associated services, improving shop.goldline.com or its associated services, and archiving or making backups of shop.goldline.com. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to shop.goldline.com, 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 that you submit to shop.goldline.com 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.
You agree that you are solely responsible for any User Content that you submit to the Site shop.goldline.com. Goldline acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Goldline does not guarantee the confidentiality of any User Generated Content you share through shop.goldline.com with any third party.
Goldline reserves the right to remove User Generated Content, for any reason, in its sole discretion, without prior notice, including User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Goldline also reserves the right to terminate a user’s access to shop.goldline.com 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 of this Agreement, or for no reason, and without prior notice.
Either Goldline or you 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 Goldline or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Goldline will result in termination of services as deemed appropriate by Goldline.
11. Section 230 of the Communications Decency Act
You acknowledge and agree that shop.goldline.com is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Goldline may edit, remove, or control the content displayed through shop.goldline.com, you agree that Goldline will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through shop.goldline.com or otherwise.
12. IRA Program
Goldline works with various IRA custodians to help you establish your self-directed precious metals IRA. If you would like to establish a self-directed precious IRA, you may contact a Goldline Account Executive at 800-963-9798.
13. Disclaimers, Exclusions and Limitations
You understands that investment in precious metals, coins and other numismatic/collectible items is speculative, unregulated and volatile and that prices may rise and fall over time. There may still be a loss despite favorable price movement. Precious metals and numismatic/collectible items do not provide interest or current income.
Goldline cannot guarantee the existence of a viable precious metals, coin or currency market and is not obligated to repurchase any items it sells.
Precious metals generally have a premium above their melt value. Premiums may increase or decrease based upon current market conditions such as supply and demand. Changes in premiums may affect a precious metal’s pricing beyond changes in spot prices.
You represent that you have read and understands Goldline’s risk disclosure booklet, Coin Facts for Investors and Collectors to Consider, which provides additional information about pricing as well as information about the risks of buying and selling precious metals, rare coins and rare currency. This booklet is updated periodically and it is your responsibility to remain up-to-date by requesting a copy or reviewing the most recent version at Goldline’s website, shop.goldline.com.
Should you chose to contact a Goldline Account Executive, You acknowledge Goldline employees may from time to time discuss the general direction of the precious metals market based upon information from third-party sources. You agree that neither Goldline nor its representatives guarantee or make any representation concerning any market movement. Goldline employees are not licensed as investment advisors, and they are not making any specific recommendations concerning stocks or any other form of investment. Goldline and its Account Executives are not your agents, have different financial interests and incentives from you and owe no fiduciary duty to you. Account Executives are commissioned salespeople whose commissions are usually greatest on products with a higher spread. They may receive cash and other undisclosed compensation from Goldline when selling specific products. You agree to check with a licensed professional with expertise in a particular market before making a decision to buy or sell.
You understand that Goldline believes precious metals are appropriate for 5% to 20% of an investment portfolio although certain individuals or organizations might recommend a different percentage. It is your responsibility to independently determine what percentage is appropriate for you based upon your individual circumstances. You agree to notify Goldline’s Director of Client Relations in writing if you choose to invest more than 20% of your investment portfolio in precious metals and/or rare coins or currency.
What is suitable for one Client with a given financial means may not be suitable for the goals or emotional makeup of a different Client of the same means. Before you choose to buy or sell, you should determine your ability to understand the transaction and to meet all financial commitments to be made.
Goldline does not offer advice on the tax treatment of purchasing, selling or borrowing precious metals, rare coins and rare currency. You must consult with your tax advisor regarding such matters. Goldline does not sell any precious metals or numismatic product which is exempt from applicable taxes.
14. Disclaimer of Warranties
GOLDLINE PROVIDES SHOPGOLDINE.COM, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLDLINE DOES NOT REPRESENT OR WARRANT THAT SHOP.GOLDLINE.COM, 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. GOLDLINE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
GOLDLINE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON SHOP.GOLDLINE.COM, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON SHOP.GOLDLINE.COM, OR ANY CONTENT TRANSMITTED THROUGH SHOP.GOLDLINE.COM. GOLDLINE 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. GOLDLINE RESERVES THE RIGHT TO DISCONTINUE SHOP.GOLDLINE.COM AT ANY TIME.
GOLDLINE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH SHOP.GOLDLINE.COM AT ANY TIME.
SHOP.GOLDLINE.COM MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT GOLDLINE’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 GOLDLINE’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, GOLDLINE 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.
15. Limitation of Liability
GOLDLINE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED VIA SHOP.GOLDLINE.COM, OR SELL BACK SALES, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF SHOP.GOLDLINE.COM, AND/OR RELATED PRODUCTS/SERVICES. GOLDLINE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, GOLDLINE 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 GOLDLINE’S REASONABLE CONTROL. GOLDLINE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF SHOP.GOLDLINE.COM.
SHOP.GOLDLINE.COM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GOLDLINE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON SHOP.GOLDLINE.COM.
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.
16. Indemnity and Release
You hereby agree to defend, indemnify and hold Goldline and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners (the “Indemnified Parties”) 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 shop.goldline.com or otherwise transmit or obtain through the products and/or services, (b) your use and 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 Goldline, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Goldline 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 Goldline’s consent.
You are hereby agreeing to release the Indemnified Parties 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 shop.goldline.com and related products and services.
The sole relationship between you and Goldline 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.
18. No Waiver
Upon your failure to comply with your duties and obligations to Goldline, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Goldline 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 Goldline 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 that you fail to comply with this Agreement, you expressly authorize and grant to Goldline the right to charge your credit card for any and all market losses incurred by Goldline, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Goldline as a result of price and market fluctuations for which you did not fulfill.
19. No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Goldline. Such consent may be granted or withheld by Goldline at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and Goldline.
20. Force Majeure
You acknowledge and understand that if Goldline and/or shop.goldline.com are unable to provide the products and/or services as a result of a force majeure event, Goldline and/or shop.goldline.com will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of Goldline and/or shop.goldline.com. GOLDLINE 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 THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
21. Warranties, Representations, and Restrictions of Shop.goldline.com Use
You represent, 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 further represent and 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 shop.goldline.com and/or related services.
You represent and warrant that any and all information that you provide to Goldline and shop.goldline.com is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You agree not to use shop.goldline.com 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 here you use shop.goldline.com. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. Shop.goldline.com 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 shop.goldline.com, 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 shop.goldline.com 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, shop.goldline.com or any websites linked to shop.goldline.com; (iii) interfere with or damage shop.goldline.com 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) shop.goldline.com or create or use a false identity; (v) attempt to obtain unauthorized access to shop.goldline.com or portions of shop.goldline.com 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 shop.goldline.com or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Goldline name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by shop.goldline.com; (x) engage in any activity that interferes with any third party’s ability to use or enjoy shop.goldline.com or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
22. Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement
YOU AND GOLDLINE AGREE TO ARBITRATE, IN A FINAL AND BINDING MANNER, ALL CONTROVERSIES BETWEEN YOU AND GOLDLINE INCLUDING ANY OF GOLDLINE’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARISING OUT OF OR RELATING IN ANY WAY TO ANY TRANSACTION WITH GOLDLINE, YOUR USE OF SHOP.GOLDLINE.COM, YOUR ACCOUNT, ANY ACCOUNT THAT YOU CAUSE TO BE OPENED IN THE FUTURE, OR ANY SERVICE PROVIDED BY GOLDLINE, INCLUDING BUT NOT LIMITED TO TRANSACTIONS OF ANY KIND MADE ON YOUR BEHALF. THE PARTIES AGREE THAT ALL CLAIMS SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND GOLDLINE AGREE THAT THE ARBITRATOR WILL DETERMINE ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO ANY BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OF THE TERMS AND CONDITIONS AS WELL AS THE SCOPE, APPLICABILITY AND VALIDITY OF THIS ARBITRATION AGREEMENT, INCLUDING ANY ALLEGATIONS THAT THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR UNENFORCEABLE IN ANY WAY.
YOU AND GOLDLINE AGREE THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
You and Goldline agree that any arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures when the amount in controversy is greater than $250,000 and JAMS’ Streamlined Arbitration Rules when the amount in controversy is less than or equal to $250,000 (collectively the “Arbitration Rules”.) Provided, however, that this Agreement shall supersede the Arbitration Rules to the extent of any conflict between the Agreement and the Arbitration Rules. The arbitration proceedings shall be kept in strictest confidence. The arbitration shall be conducted by a single arbitrator who shall be either a retired California Superior Court judge or a retired California appellate justice selected in accordance with the Arbitration Rules from JAMS’ panel of Los Angeles, California arbitrators. You and Goldline agree the exclusive venue for arbitration proceedings, including any arbitration hearing, will be Los Angeles, California. You and Goldline further agree to the personal jurisdiction of the courts of the State of California located in the County of Los Angeles, or of the United States of America for the Central District of California, to enforce these arbitration provisions described in this Agreement. You are agreeing to this arbitration provision on behalf of yourself and on behalf of your heirs, administrators, executors, successors and assigns and all persons claiming a beneficial interest in your account.
YOUR AND GOLDLINE’S LIABILITY IN ALL CLAIMS WHETHER THEY SOUND IN TORT, CONTRACT, WARRANTY OR OTHERWISE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE ITEMS IN DISPUTE LESS THE ITEMS’ FAIR MARKET VALUE AS OF THE DATE ANY ARBITRATION PROCEEDING IS COMMENCED. UNDER NO CIRCUMSTANCES SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, ADDITIONAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You and Goldline expressly agree the arbitrator may not: (a) award any exemplary, incidental, indirect or consequential damages, including damages for lost profits to any party, and the parties waive any right to recover such damages, or (b) alter, amend, modify of suspend performance hereunder.
Each party shall be responsible for his, her or its own costs and attorney’s fees incurred in connection with any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising from or related to any transaction between you and Goldline. In any arbitration arising out of or related to any transaction between you and Goldline, the arbitrator may not award costs or attorney’s fees to the prevailing party (ies); each side is to bear his, her or its costs and attorney’s fees.
You and Goldline agree that any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising out of or relating to any transaction between you and Goldline is barred unless commenced within one (1) year from the date of that transaction. The parties acknowledge that, but for this waiver, he, she or it might have a longer time period to initiate a claim under state or federal law.
You and Goldline agree that controversies arising out of or relating in any way to any transaction with Goldline shall first be submitted to JAMS for mediation and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final and binding arbitration pursuant to this section 25. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief the arbitrator of the parties’ claims absent the parties’ express written consent to the contrary. You and Goldline agree that they will participate in the mediation in good faith and that they will share equally in its costs. Provided, however, that if the parties resolved all disputes through mediation under this section 22 - Mandatory Mediation, Goldline shall pay all mediation fees charged by JAMS.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following forty-five (45) calendar days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”.)
The mediation may continue after the commencement of arbitration if the parties so desire. At no time prior to the Earliest Initiation Date shall either side initiate an arbitration related to this Agreement except to pursue a provisional remedy that is authorized by law or by the Arbitration Rules or by agreement of the parties.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date either party provides a written request for mediation in accordance with this Section 22 – Mandatory Mediation until fifteen (15) calendar days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
BY USING SHOP.GOLDLINE.COM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS SECTION REGARDING ARBITRATION AND MEDIATION AND VOLUNTARILY AGREE TO BINDING ARBITRATION AND MANDATORY MEDIATION. IN DOING SO, YOU VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.
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.
24. Entire Agreement
This Agreement constitutes the entire agreement between you and Goldline concerning the subject matter hereof and governs your use of shop.goldline.com, superseding any prior agreements.
26. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
27. Child Online Privacy Protection Act
Shop.goldline.com is not directed to persons under the age of eighteen (18) and Goldline will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Goldline inadvertently collects such personally identifiable information, Goldline will delete the personally identifiable information in accordance with its security protocols.
28. Ownership of Shop.goldline.com and License
You acknowledge and agree that Goldline is the owner of, or has rights in and to, shop.goldline.com and its associated content, including but not limited to all intellectual property rights inherent therein. Shop.goldline.com is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using shop.goldline.com 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 shop.goldline.com, whether in whole or in part, without the prior written consent of Goldline.
Goldline hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use shop.goldline.com for its customary and intended purposes. This license is revocable at any time, and any rights not expressly granted herein are reserved to Goldline. Violation of the terms of this Agreement or use of shop.goldline.com for other than its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying shop.goldline.com or any portion of it, is prohibited, and will result in the termination of this license.
Absent prior written permission from Goldline, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes shop.goldline.com or its content.
All trademarks, common law or registered trademarks, displayed on shop.goldline.com are the property of their respective owners. Specially, all Goldline marks are the property of Goldline, including, but not limited to GOLDLINE® and all Goldline logos. Shop.goldline.com, including its look and feel, color selections, layout, and arrangement, is the trade dress of Goldline. You are prohibited from using Goldline’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 Goldline.
30. Reservation of Rights
All rights not expressly granted herein are reserved to Goldline.