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MetalQuity User Agreement

User Agreement

THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND METALQUITY CAPITAL GROUP, INC.

Definitions and Headings

In this User Agreement, the term “User Agreement” refers at all times to this User Agreement and, without limitation, to the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy. The term “MetalQuity” or “we” or “us” refers at all times to MetalQuity Capital Group, Inc. and the term “you” or “user” or “customer” or “client” refers at all times to any person using our website, metalquity.com, or using our other services.

All section headings are included exclusively for the reference and convenience of the user and do not affect the interpretation or the scope of this User Agreement.

User’s Acknowledgement and Consent to User Agreement

By using our website, metalquity.com, and/or other services provided by MetalQuity, including, but not limited to, any transactions with MetalQuity, such as buying from us, selling to us, and placing an order with us, whether made through the website, by phone or otherwise, you represent that you have read, that you understand and that you are agreeing to be bound without limitation by all terms stated in this User Agreement including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy.

If you do not agree and consent to all terms stated in this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, do not use our website and/or other services provided by MetalQuity. If you do not understand the terms of this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, you should seek the advice of an attorney prior to using the website and/or other services provided by MetalQuity.

This User Agreement is effective as of September 1, 2014, for all existing customers and all existing users of this website and/or MetalQuity’s services, and will be effective upon acceptance as set forth above for all new customers and all new users of this website and/or MetalQuity’s services.

Entire Agreement

This User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy constitutes the only and entire agreement between you and MetalQuity. There are no other understandings, terms, conditions, restrictions, representations, warranties, or disclaimers than those stated herein. Any attempt to create such agreement will be deemed null and void.

Changes to User Agreement

MetalQuity reserves the right to modify any terms of this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, at any time and at its sole discretion, without prior notice. Any changes will be posted on MetalQuity’s website and, unless stated otherwise, will become effective within thirty (30) calendar days of being posted on metalquity.com. You are solely responsible for monitoring the Legal section and the User Agreement on our website. Your continued use of our website, metalquity.com, and/or other services provided by MetalQuity following any such modification constitutes your acknowledgement of the changes and your agreement to be bound by this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, as modified.

Transfer of Rights or Obligations

You may not sell, assign or otherwise transfer any of your rights and/or obligations under this User Agreement and/or the Account you created with MetalQuity without obtaining prior written approval from MetalQuity. Any such attempt will be deemed null and void. MetalQuity reserves the right to grant or withhold at its sole discretion such approval. Any assigned rights or obligations, Accounts, as well as assignees, obligors, and new Account holders will remain subject to this User Agreement. MetalQuity reserves the right to assign its rights and/or delegate its duties as to any or all transactions at its sole discretion. 

This User Agreement shall remain binding on all customers, customers’ personal administrators, successors in interest by any means and estate. All obligations under this User Agreement are joint and several.

Severability

In case any provision of this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy is determined to be unenforceable for any reason, any such provision shall be severed or modified to comply with applicable law. Such unenforceability shall not affect other provisions of this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, which shall remain in effect.

Termination of User Agreement

This User Agreement may be terminated by either you or MetalQuity at any time, with or without cause, by written notice to the other party. Termination of this User Agreement means also the termination, without limitation, of the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy. The termination of this User Agreement means also the termination of your Account and, in consequence, inability to enter into any further transactions with MetalQuity. The termination of this User Agreement will not affect the rights and obligations of either party regarding the period prior to the termination, including, but not limited to, any transactions entered into prior to the termination.

User’s Conduct

By using our website, metalquity.com, and/or other services provided by MetalQuity, you expressly agree not to use our website and/or our other services for any purpose that is prohibited by law or prohibited by this User Agreement or any other policies adopted by MetalQuity.

By using our website, metalquity.com, and/or other services provided by MetalQuity, you expressly agree to not post any materials at MetalQuity’s website without MetalQuity’s express written consent or act in any manner that might impact the security of the website or cause damage to the website, its content, or other users, including, but not limited to, attempting to or accessing other users’ accounts, attempting to or accessing other users’ personal information, and/or attempting to or eluding the website’s security systems.

You expressly agree to use the website metalquity.com and/or other services provided by MetalQuity, including, but not limited to, the services, information, writings, images, and any other work product experienced on the website solely for your personal, non-commercial purpose.

User’s Investment Risk Acknowledgement and Representations 

Precious metals, bullion, and coins fluctuate in value due to numerous factors; among them are current market price, demand, and even world politics and economics. Precious metals markets are unregulated, speculative, and frequently changing. Further, past performance does not guarantee the value of the metals in the future. Coins are graded and authenticated by third party services, but it does not eliminate market risk. As a result, investing in bullion and coins involves risk and may not be appropriate for everyone. Before investing in bullion and coins you should learn about them, understand the precious metals market, and evaluate your available funds to determine whether the transaction is right for you. You may want to consult with a financial advisor. MetalQuity makes no representations, predictions, or guarantees regarding the future price of any precious metal or coin.

By using the website metalquity.com and/or other services provided by MetalQuity, you represent that you have sufficient experience and knowledge to make an informed decision to enter into transactions with MetalQuity. You expressly acknowledge that it is your responsibility as an investor to analyze all factors before investing in precious metals and entering into transactions with MetalQuity. You expressly acknowledge that all your investment decisions and decisions to enter into transactions with MetalQuity are solely yours, regardless of any advice or recommendation from MetalQuity’s representatives. You expressly acknowledge that you are subject to a variety of risks, which are beyond MetalQuity’s control, and MetalQuity is not liable in any way for your losses, diminution in value of purchased or sold product, inability to liquidate your product or inability to liquidate it at preferred price, or any other damages resulting from your investment decisions or decisions to enter into transactions with MetalQuity.

User’s Other Representations

You represent that you are of legal age and capacity to be bound by this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, and to enter into transaction with MetalQuity.

You represent that you reside in the United States of America and that your order will only ship to the 50 states of the United States of America.

If you are using the website metalquity.com and/or other services provided by MetalQuity on behalf of another individual or business entity, you represent that you are fully authorized to act on behalf of that individual or business entity and to bind that individual or business entity to this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy. While using the website metalquity.com and/or other services provided by MetalQuity on behalf of another individual or business entity, in addition to that individual or business entity, you are equally bound by this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy. All obligations under this User Agreement are joint and several.

You represent and warrant that you will complete and deliver any documents and take any actions reasonably necessary to execute this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy.

You represent and warrant that you will comply with all U.S. export laws, which means that no products may be exported to a national or resident of a country to which the United States has embargoed goods or re-exported into a country to which the United States has embargoed goods. Subject to the same U.S. export laws, no products may be exported or re-exported to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.  MetalQuity complies with all U.S. export laws.

Indemnification

You agree to indemnify and hold harmless MetalQuity, its affiliates, subsidiaries, directors, members, officers, employees, agents, contractors, and shareholders from and against any and all liability, including, but not limited to, any damages, expenses, obligations, and attorney’s costs, arising from any claim made by you or a third party, resulting from or in connection with your use of this website and/or our other services, including, but not limited to, any breach by you of this User Agreement, without limitation, of the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, and/or violation by you of the rights of any other person, or your violation of law. This indemnification agreement survives any termination of your account or this User Agreement.

Disclaimers and Limitations of Liability

You are subject to Disclaimers and Limitations of Liability adopted by MetalQuity, as well as those contained in this User Agreement, and in all other policies adopted by MetalQuity, which terms you accept and with which you agree to comply.

If, despite such disclaimers and limitations of liability, MetalQuity is found liable to you as a result of any transaction between MetalQuity and you based on this User Agreement, MetalQuity’s liability to you shall be limited to the greater of the amount you paid to us/the value of the item you sold to us or $150.00. MetalQuity shall not be liable for any indirect, consequential, incidental or punitive damages.

Privacy Policy

You are subject to the Privacy Policy adopted by MetalQuity, which terms you accept and with which you agree to comply.

Credit Card Policy

You are subject to the Credit Card Policy adopted by MetalQuity, which terms you accept and with which you agree to comply.

Transactions Policy

You are subject to MetalQuity’s Transactions Policy, including, but not limited to, our Market Loss Policy and Credit Card Policy, which terms you accept and with which you agree to comply. All your transactions with MetalQuity, including, but not limited to, buying from us, selling to us, and placing an order with us, are subject to MetalQuity’s Transactions Policy. You can only enter into transaction with MetalQuity or place an order with us in accordance with the Transactions Policy. All transaction cancellations, returns, and any other issues related to your transactions with MetalQuity are subject to the Transactions Policy.

Other Policies

MetalQuity has adopted Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy and may adopt other policies in connection with its website and/or other services provided by MetalQuity. All these policies may be amended or terminated at any time at the sole discretion of MetalQuity and such amendments or terminations will take effect within thirty (30) calendar days of being posted on metalquity.com, unless stated otherwise. You are subject to such policies, which terms you accept and with which you agree to comply.

Intellectual Property Rights

MetalQuity retains all rights, title and interest to the logo, services, information, writings, images, and any other work product and materials available on its website. Except as authorized in this User Agreement, you may not copy, sell, publish, modify, display or in any other way use or exploit any services, information, writings, images, and any other work product and materials available on its website in any way that infringes any copyright, trademark or proprietary right.

You may not create a link to any page of this website without our prior written consent.

You acknowledge and warrant that any submissions by you, including, but not limited to comments, suggestions, ideas, photographs and other materials are non-confidential, do not contain proprietary information of yours or others, and do not violate any laws. MetalQuity may use any such submissions at its sole discretion for any purpose without prior permission from you and without compensation, subject to our Privacy Policy.  You are solely responsible for the content of your submissions and any violations that may result from your submissions. You agree to indemnify and hold harmless MetalQuity, its affiliates, subsidiaries, directors, members, officers, employees, agents, contractors, and shareholders from and against any and all liability, including but not limited to any damages, expenses, obligations, and attorney’s costs, arising from any claim made by you or a third party, resulting from your submissions.

Notices

Any notice, document, or communication to MetalQuity shall be directed to MetalQuity’s registered agent in the State of Nevada. Any notice, document, or communication to you shall be directed, at MetalQuity’s sole discretion, to the address you provided or to the email address you provided. If we cannot reach you at the address or email address you provided, we reserve a right to provide any notice, document, or communication to you by posting it on our website. Such notice, document, or communication shall be effective within three (3) calendar days after posting.

Failure to Comply with User Agreement

In the event of any failure by you to comply with this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, MetalQuity shall have any and all rights and remedies available at law and in equity.

In addition to any and all rights and remedies available to MetalQuity at law and in equity and without limiting any of those rights and remedies, MetalQuity shall have any and all rights and remedies specifically set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, including, but not limited to, the right to apply any and all your funds in its possession toward the satisfaction of your obligation to MetalQuity, the right to offset any and all MetalQuity’s obligation toward you against your obligation to MetalQuity and to satisfy your obligation to MetalQuity in accordance with MetalQuity’s Credit Card Policy.

In addition to any and all rights and remedies available to MetalQuity at law and in equity and without limiting any of those rights and remedies, MetalQuity may cancel your transaction, suspend your Account, or cancel your Account. The termination or suspension of your Account will not affect the rights and obligations under this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, of either party regarding the period prior to the termination or suspension, including, but not limited to, any transactions entered into prior to the termination or suspension.

In addition to any and all rights and remedies available to MetalQuity at law and in equity and without limiting any of its rights and remedies, MetalQuity may turn your obligations over to a collection agency or an attorney for collection.

No delay or failure by MetalQuity to exercise any right or remedy shall constitute a waiver of that right or remedy. No exercise by MetalQuity of any right or remedy shall exclude any further exercise of this right or remedy or the exercise of any other right or remedy. No delay or failure by MetalQuity to exercise any right or remedy with respect to any non-compliance shall affect MetalQuity’s ability to exercise any right or remedy with respect to any other non-compliance, whether similar or dissimilar in nature.

If MetalQuity must take any action in law or in equity or as otherwise set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, to enforce this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, you shall pay all of the costs and expenses incurred by MetalQuity, including, but not limited to, reasonable attorneys’ fees and court costs, in addition to any other relief awarded.

Choice of Law

In the event the Arbitration Clause is deemed unenforceable, this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy and any legal proceedings between you and MetalQuity shall be governed by, and interpreted in accordance with, the laws of the State of Nevada, without regard to any conflict of laws provisions.

Forum Selection

In the event the Arbitration Clause is deemed unenforceable, any legal proceeding, dispute or disagreement related in any way to this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy shall be brought exclusively in the federal and state courts in and for Douglas County, Nevada. Each party to this User Agreement consents to the exclusive personal jurisdiction of any such court and waives any defense or opposition to such personal jurisdiction.

Service of Process

In the event the Arbitration Clause is deemed unenforceable, each party to this User Agreement consents that mailing of any process shall constitute valid and lawful process against them and no other service of process is necessary.

Waiver of Jury Trial

In the event the Arbitration Clause is deemed unenforceable, you and MetalQuity waive their right to jury trial in any action, legal proceeding, dispute or disagreement related in any way to this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, including, but not limited to, any transactions under this User Agreement between you and MetalQuity.

Force Majeure

MetalQuity shall not be liable in any way for any delay or failure to perform its obligations under this User Agreement, including, without limitation, the terms available by hyperlink and the terms set forth in Legal, Disclaimers and Limitations of Liability, Privacy Policy, Credit Card Policy, and Transactions Policy, that occurred due to any causes beyond MetalQuity’s reasonable control, including, but not limited to acts of war, terrorism, acts of God, earthquake, flood, fire, embargo, riot, sabotage, any labor shortage or dispute, carrier’s delays, inability or delay in obtaining adequate supplies, failure of electronic or mechanical equipment, or governmental act.

Electronic Signature

When registering an account with MetalQuity Capital Group, Inc. on metalquity.com, you must read, understand, and agree to MetalQuity’s Transactions Policy and User Agreement before your account is allowed to be created and certain orders are permitted to be placed with MetalQuity. By clicking and filling in the selection bubble corresponding to “I have read, understand, and agree to the Transaction Policy and User Agreement*” you are signing your name electronically. It is the same as signing your name on a credit card receipt. If you are signing someone else’s name, you are committing fraud.

Contact Us

With any questions, comments, or concerns, please contact us:

Via phone:

844-698-9074

Via email:

operations@metalquity.com

Via mail:

MQCGI
1644 US Hwy 395 N
Suite D
Minden, NV 89423