TRANSACTION AGREEMENT
This Agreement is entered into between Client(s) (“Client,” “Clients,” or “you”) and Credit Gold and Silver (“Credit Gold and Silver”) for the purchase of Common Bullion Products or Premium Products from Credit Gold and Silver and the sale of Common Bullion Products or Premium Products to Credit Gold and Silver. This Agreement applies to all transactions between you and Credit Gold and Silver.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS AGREEMENT, PARTICULARLY YOUR RIGHTS, OBLIGATIONS AND RISKS HEREUNDER. IT IS ALSO IMPORTANT THAT YOU SEEK THE ADVICE OF YOUR ATTORNEY IF YOU DO NOT HAVE THESE UNDERSTANDINGS. BY SIGNING THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE AGREEMENT AND HAVE CONSULTED WITH YOUR ATTORNEY, AS NECESSARY, TO ACHIEVE SUCH UNDERSTANDING.
Disclosures / Disclaimers / Acknowledgments of Risks
Credit Gold and Silver’s Products. Credit Gold and Silver classifies its products as either Common Bullion Products or Premium Products.
Common Bullion Products. Credit Gold and Silver’s Common Bullion Products are priced for the most part in accordance with the value of the precious metal they contain. A comprehensive list of all Common Bullion Products Credit Gold and Silver offers can be viewed at: www.creditgoldandsilver.com
Premium Products. Credit Gold and Silver’s Premium Products are priced at a premium above the value of the precious metal they contain. This premium is based on various factors, including, but not limited to, speculative interest, collector and investor demand, available supply, industry promotions, perceived value, and economic conditions. Premium Products may increase or decrease in value regardless of, and at times in opposition to, changes in the spot price of the precious metal they contain. Premium Products include all products Credit Gold and Silver offers that are not otherwise identified as Common Bullion Products. A comprehensive list of all Common Bullion Products Credit Gold and Silver offers can be viewed at: www.creditgoldandsilver.com/
Investment Risks. Clients considering purchasing Common Bullion Products or Premium Products should consider the associated risks and acquisition costs. Purchases of Common Bullion Products or Premium Products should be made only with discretionary funds and not with monies necessary to cover or produce your day-to-day living expenses. 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 Common Bullion Products or Premium Products, you should determine your ability to understand the transaction and to meet all financial commitments to be made. Investment in Common Bullion Products or Premium Products is not for everyone, and Credit Gold and Silver makes no attempt to confirm the suitability of any product for any Client at any time. Diversification: In Credit Gold and Silver’s opinion, diversification is important to a strong investment plan. Credit Gold and Silver generally recommends that Common Bullion Products and Premium Products constitute between 5-35% of a well diversified portfolio. Some individuals or entities may recommend different amounts. If you choose to invest any percentage of your wealth in Common Bullion Products or Premium Products, please do so after consulting a certified financial advisor and accountant. Common Bullion Products or Premium Products do not yield income and thus are not an appropriate investment vehicle for Clients seeking current or future income. Credit Gold and Silver does not guarantee, and makes no representation, that a certain percentage of investments.
Volatility: Common Bullion Products or Premium Products markets are subject to substantial fluctuations including significant and rapid increases and decreases from time to time. Clients must be able to assume the risk of such price fluctuations. The success of an investment in Common Bullion Products or Premium Products is dependent, at least in part, upon extrinsic economic forces including supply, demand, international monetary conditions, and inflation or the expectation of inflation. The impact of these forces on the value of Common Bullion Products and Premium Products cannot be predicted with any certainty. No assurance can be given that a Client will be able to sell his or her Common Bullion Products or Premium Products at a price greater than or equal to their acquisition cost. Client acknowledges that the Common Bullion Products and Premium Products markets can be volatile and that the prices for Common Bullion Products and Premium Products may rise or fall over time. Client further acknowledges that past performance is no guarantee of future performance.
Unregulated Market: Investment in Common Bullion Products and Premium Products is speculative and unregulated, and, as a result, prices may rise and fall over time or rapidly.
Holding Period: In Credit Gold and Silver’s opinion, purchases of Common Bullion Products and Premium Products should be considered long term investments. Credit Gold and Silver recommends a holding period of at least three to five years or longer on Premium Products. An effective holding period may differ between Premium Products, and may be longer in changing market conditions. Credit Gold and Silver does not guarantee, and makes no representation, that Common Bullion Products or Premium Products will appreciate at all or appreciate sufficiently to make Client a profit at the expiration of this or any other period of time.
Past Performance/Future Results: Past performance does not guarantee future results. Predictions regarding the future of Common Bullion Products or Premium Products markets and the economy cannot be made with certainty. Credit Gold and Silver does not guarantee, assure, or promise future Common Bullion Products or Premium Products market movement, prices, bid/ask spreads, or profits, or that investment can be made in Common Bullion Products or Premium Products without the risk of loss of principle. You understand that the decision to purchase Common Bullion Products or Premium Products, and which Common Bullion Products or Premium Products to purchase, is ultimately yours alone. Profit can only be made if prices rise over the investment period in an amount sufficient to overcome the bid/ask spread (see Pricing) and any costs, including, but not limited to, liquidation fees. There may still be a loss despite favorable price movement. Common Bullion Products and Premium Products do not provide interest or current income.
Account Executives. Credit Gold and Silver’s Account Executives are generally commissioned sales people. Their salary is based, at least in part, on the amount and profit margin of the products they sell, and they may receive higher compensation for recommending one product over another. Credit Gold and Silver’s Account Executives are not licensed investment or financial advisors. Regardless of opinions expressed and recommendations made by Credit Gold and Silver employees, it is your responsibility as an investor or collector to educate yourself and consider all risks, prices, and policies relating to your purchase. Credit Gold and Silver and its Account Executives are not your agents and owe no fiduciary duty to you. Client must make the final decision as to whether Client wishes to enter into any particular transaction for the purchase or sale of Common Bullion Products or Premium Products and should keep the foregoing in mind when making that decision. Client is solely responsible for all decisions to purchase or sell Common Bullion Products or Premium Products.
Reliance on Representations. The only representation and warranty that Client may rely upon in purchasing or selling Common Bullion Products or Premium Products from or to Credit Gold and Silver are the representations set forth in this Agreement. Neither Credit Gold and Silver nor any of its officers, agents, employees, sales representatives, including Account Executives, or other representatives is authorized to make any other representations or warranties concerning any product that Credit Gold and Silver is selling or purchasing under this Agreement. It is your responsibility to consult a licensed advisor familiar with the specific markets in which you are or intend to become involved before liquidating any current investments to purchase Common Bullion Products or Premium Products or purchasing or selling any Common Bullion Products or Premium Products.
Grading / Authenticity. Grades and descriptions of Common Bullion Products or Premium Products are opinions based on standards and interpretations that can and do change over time, and are not statements of fact or guarantees. Credit Gold and Silver is not a grading service, and relies upon the certifications of independent grading services in selling Common Bullion Products and Premium Products. Credit Gold and Silver does not independently verify the grade or authenticity of the Common Bullion Products and Premium Products it sells. While Credit Gold and Silver guarantees that all of the Common Bullion Products and Premium Products it sells are genuine, the Common Bullion Products and Premium Products sold by Credit Gold and Silver pursuant to this Agreement, are sold on an “as is” basis and Credit Gold and Silver expressly disclaims any other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, and any warranties associated with the grades assigned to Common Bullion Products or Premium Products by independent grading services.
Tax Advice. Credit Gold and Silver does not give tax advice, and will not advise as to the tax consequences of purchasing and selling our products or investing in an Independent Retirement Account. You should consult your tax advisor with any questions regarding the tax consequences of any purchase, sale, or investment. Credit Gold and Silver does not sell any product which is exempt from applicable taxes.
IRA Custodians and Transactions. Credit Gold and Silver does not serve as an Independent Retirement Account (IRA) custodian or trustee, but may, for the convenience of its Clients, suggest companies that provide IRA custodian or trustee services. Such companies are independent from and not affiliated with Credit Gold and Silver, and Credit Gold and Silver expressly disclaims any and all responsibility for Client loss arising from the relationship between Client and such a company. Client is solely responsible for selecting an IRA custodian or trustee and any related transactions involving that custodian or trustee.
Pricing. Credit Gold and Silver’s sale and buy back prices for Common Bullion Products and Premium Products are set internally, and are constantly changing. Common Bullion Products are priced for the most part in accordance with the value of the precious metal they contain. Premium Products are priced at a premium above the value of the precious metal they contain. This premium is based on various factors, including, but not limited to, speculative interest, collector and investor demand, available supply, industry promotions, perceived value, and economic conditions Credit Gold and Silver’s prices are not necessarily related to, or affected by the prices at which other dealers or institutions buy, sell, or value the same or similar Common Bullion Products or Premium Products.
Bid/Ask Spread. There is a price differential or “spread”, between Credit Gold and Silver’s sale price (the “ask” price) and Credit Gold and Silver’s buyback price (the “bid” price). The “bid” is the price Credit Gold and Silver pays to Clients for a product. The “ask” is the price Credit Gold and Silver charges Clients for a product. The bid/ask spread is calculated by subtracting the bid price from the ask price and then dividing the difference by the ask price ((Ask – Bid)/Ask). The bid/ask spread for Common Bullion Products is typically between 1% and 6%. The bid/ask spread for all Premium Products is approximately 6% to 15%. Bid/ask spreads may be subject to negotiation, and any bid/ask spread charged to Client in a specific transaction may be more or less than the spread charged to other Clients in similar transactions or charged to Client in prior or future transactions. Credit Gold and Silver reserves the right to change prospectively at its sole discretion the rate of any of its bid/ask spreads. Credit Gold and Silver’s prices for Common Bullion Products can vary significantly from its prices for Premium Products of an equivalent weight. Credit Gold and Silver encourages Clients to compare Credit Gold and Silver’s prices with those offered by other dealers.
Break Even Price. To make a profit on any Common Bullion Products or Premium Products you purchase, you must sell the products for a price greater than your initial investment, including the bid/ask spread. To illustrate this, consider a Premium Product that is purchased for $1,000 (i.e., the ask price is $1,000). Based on Credit Gold and Silver’s standard 15% bid/ask spread for all Premium Products, Credit Gold and Silver’s bid price at the time would be $850. The Premium Product would therefore have to appreciate by more than $150 before reaching the break even price.
Role of Credit Gold and Silver. Credit Gold and Silver sells and buys Common Bullion Products and Premium Products to and from clients, dealers, merchants, and commodity brokers on its own behalf. This means that Credit Gold and Silver is a commercial dealer buying and selling Common Bullion Products and Premium Products in a retail market with clients and in a wholesale market with dealers. Credit Gold and Silver is not an exchange or brokerage house, nor does it or any of its employees act as an agent, broker, or fiduciary for any of Credit Gold and Silver’s clients. Credit Gold and Silver does not offer managed accounts. As a commercial dealer, Credit Gold and Silver may offer different terms, prices, and rates to different Clients. Credit Gold and Silver’s quoted prices are solely for the taking of those prices by buyers and sellers as quantities permit.
Role of Client. Your account with Credit Gold and Silver is self-directed. This means that you are solely responsible for all transaction decisions, including the decision to purchase or sell Common Bullion Products or Premium Products. Any reliance upon recommendations or suggestions by a Credit Gold and Silver representative or upon any written material in making your decision to enter into a transaction does not relieve you of your responsibility for that transaction and its outcome. Because you are solely responsible for your transactions, it is very important that you understand the type of transaction you are considering, including any associated risks and costs, and that any decisions you make are consistent with your intentions.
ACKNOWLEDGMENT. CLIENT ACKNOWLEDGES AND AGREES THAT NO WARRANTIES OR GUARANTEES HAVE BEEN MADE TO CLIENT REGARDING ANY OF THE COMMON BULLION PRODUCTS OR PREMIUM PRODUCTS CLIENT HAS PURCHASED OR MAY PURCHASE FROM CREDIT GOLD AND SILVER, INCLUDING BUT NOT LIMITED TO FUTURE VALUE. CLIENT AGREES TO PROMPTLY NOTIFY CREDIT GOLD AND SILVER’S CLIENT RELATIONS DEPARTMENT IN WRITING IF ANYONE AT CREDIT GOLD AND SILVER SUGGESTS A GUARANTEE OF PROFITS OR ABSENCE OF LOSSES, OR MAKES ANY STATEMENT OR REPRESENTATION THAT IS INCONSISTENT WITH THE TERMS IN THIS AGREEMENT. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT CLIENT HAS CONDUCTED AND WILL CONDUCT HIS OR HER OWN RESEARCH AND ANALYSIS REGARDING THE COMMON BULLION PRODUCTS OR PREMIUM PRODUCTS THAT CLIENT HAS PURCHASED OR MAY PURCHASE FROM CREDIT GOLD AND SILVER, AND WILL NOT RELY UPON OR OTHERWISE CLAIM THAT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES HAVE BEEN MADE BY CREDIT GOLD AND SILVER CONCERNING THE NATURE, CLASSIFICATION, OR FUTURE VALUE OF THE COMMON BULLION PRODUCTS OR PREMIUM PRODUCTS THAT CLIENT HAS PURCHASED OR MAY PURCHASE FROM CREDIT GOLD AND SILVER. CLIENT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT THE COMMON BULLION PRODUCTS OR PREMIUM PRODUCTS CLIENT HAS PURCHASED OR MAY PURCHASE CAN BE PURCHASED FROM AND SOLD TO COMPETITORS OF CREDIT GOLD AND SILVER AND THAT CLIENT HAS THE ALTERNATIVE OF DOING BUSINESS WITH THESE CREDIT GOLD AND SILVER COMPETITORS.
Orders
Placing An Order. Client may place an order with Credit Gold and Silver by telephone. Client’s telephonic order will be confirmed during a tape-recorded confirmation with a Credit Gold and Silver representative to ensure the details of the order are correct. The tape-recorded confirmation will include the price, quantity, method of payment, and other material terms of the order. An order is final only if confirmed during a tape-recorded confirmation with a Credit Gold and Silver representative. Prices on Premium Products are locked in for a period of five (5) business days from the completion of the tape-recorded confirmation. Client’s agreement to make payment on any Premium Product order within five (5) business days will be confirmed during the tape-recorded confirmation with a Credit Gold and Silver representative. Prices on Common Bullion Products are typically not locked in until payment is received by Credit Gold and Silver and a tape-recorded confirmation is completed. Notwithstanding, at its sole discretion, prior to Credit Gold and Silver receiving payment from Client, Credit Gold and Silver may permit a Client ordering Common Bullion Products to finalize an order and lock in prices for a specified time period. In the event Credit Gold and Silver permits a Client to finalize an order and lock in Common Bullion Prices prior to Credit Gold and Silver receiving payment from Client, Client’s agreement to make payment within the specified time period will be confirmed during a tape-recorded confirmation with a Credit Gold and Silver representative. Credit Gold and Silver reserves the right to enforce the terms of, or take any other legally permitted action regarding, any finalized order for Common Bullion Products or Premium Products for which payment is not received by Credit Gold and Silver from Client within the agreed to time period. An order for Common Bullion Products or Premium Products can be finalized only when a Transaction Agreement signed by Client is on file with Credit Gold and Silver.
Payment. Credit Gold and Silver accepts payment by bank wire, personal check, or credit card for orders of Premium Products. Orders of Common Bullion Products may be paid only by bank wire or personal check, and prices on Common Bullion Products will not be locked in until payment is received by Credit Gold and Silver and a tape-recorded telephone confirmation is completed. All orders over $100,000 must be paid by bank wire, and Credit Gold and Silver reserves the right to impose a lower dollar amount limitation on certain payment methods. Credit Gold and Silver does not accept cash or money order. Credit Gold and Silver does not charge any additional fees for credit card use, but may offer cash discounts, for payments by bank wire or personal check, in certain situations.
Cancellation. Refunds will not be issued under any circumstances except where expressly guaranteed by individual state law and in accordance with such provisions.
Delivery. All products shipped by Credit Gold and Silver are fully insured until signed for by the Client. Actual delivery of all products shall be made within twenty eight (28) calendar days after an order is finalized, unless a Client requests deferred delivery. If a Client requests deferred delivery, the actual delivery time will be confirmed during a tape-recorded telephonic order confirmation with a Credit Gold and Silver representative (see Placing An Order). Client agrees that Credit Gold and Silver shall have made actual delivery when title to the products purchased by Client passes to Client (see Passage of Title). Lost or damaged shipments may be replaced at Credit Gold and Silver’s discretion either by replacing the order as finalized, or by refunding Client’s purchase price. Client’s refusal to accept a package or return of a package to Credit Gold and Silver does not entitle Client to a refund. Packages returned to Credit Gold and Silver will be considered for liquidation, and will be liquidated at the then current bid price, which may be less than the original purchase price. Any discrepancies or defects in deliveries must be reported to Credit Gold and Silver within five (5) calendar days of receipt of the package, and all original packing materials must be retained reasonably intact. Client waives the right to dispute discrepancies or defects in deliveries by failing to report such discrepancies or defects to Credit Gold and Silver within five (5) calendar days of receiving a package.
Passage of Title. Title to products purchased by Client shall pass to Client when such products are designated for Client, or Client’s appointed agent or designee, and actually transferred: (i) to the United
States Postal Service or other common carrier for shipment to Client, or (ii) to a third-party storage facility to be held for Client (see Storage). Title to products purchased by Credit Gold and Silver from Client shall pass to Credit Gold and Silver upon receipt of the products by Credit Gold and Silver
Storage. Credit Gold and Silver may, for the convenience of its Clients, suggest companies that provide depository storage for Clients. Credit Gold and Silver expressly disclaims any and all responsibility for Client loss arising from the relationship between Client and such a company. Client is solely responsible for selecting a storage company and any related transactions involving that company.
Buy-Back and Liquidation. When Client sells Common Bullion Products or Premium Products originally acquired from Credit Gold and Silver, Credit Gold and Silver will purchase the products at their current buy-back price (the “bid” price), without charging a separate liquidation fee. Products not stored through Credit Gold and Silver must be shipped to Credit Gold and Silver at Client’s expense and verified by Credit Gold and Silver as to quantity and condition prior to liquidation. Should you choose to send products back to us for liquidation, you may mail them to Credit Gold and Silver at designated address, via registered, insured US Mail. Such packages should be independently insured and Credit Gold and Silver takes no responsibility for packages until signed for by a Credit Gold and Silver employee. Although Credit Gold and Silver has historically made buy-sell markets in the products it offers, the law prohibits Credit Gold and Silver from guaranteeing to repurchase the products it sells. As such, Credit Gold and Silver’s buy-back policy is not a guarantee and is subject to change without notice.
Exchanges. Credit Gold and Silver does not recommend trading one product for another, because in such transactions Client pays the bid/ask spread on both the original product purchased and the product for which the trade was conducted. Notwithstanding, Credit Gold and Silver may, in its sole discretion, facilitate a Client’s trade from one product to another. In such situations, Clients should educate themselves about all consequences of such transactions, which are subject to this Agreement.
ARBITRATION AGREEMENT
AGREEMENT TO ARBITRATE. CREDIT GOLD AND SILVER AND CLIENT AGREE TO ARBITRATE, IN A FINAL AND BINDING MANNER, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN CLIENT AND CREDIT GOLD AND SILVER (INCLUDING ANY OF CREDIT GOLD AND SILVER’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT; ANY PAST, PRESENT, OR FUTURE TRANSACTION BETWEEN CLIENT AND CREDIT GOLD AND SILVER; ANY PAST, PRESENT, OR FUTURE INTERACTION BETWEEN CLIENT AND CREDIT GOLD AND SILVER; CLIENTS CREDIT GOLD AND SILVER ACCOUNT; OR ANY SERVICE PROVIDED BY CREDIT GOLD AND SILVER TO CLIENT AT ANY TIME. THIS AGREEMTENT TO ARBITRATE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
SCOPE OF ARBITRATION AGREEMENT. CREDIT GOLD AND SILVER AND CLIENT AGREE THAT THE ARBITRATOR WILL DETERMINE ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO ANY BREACH, TERMINATION, ENFORCEMENT, AND INTERPRETATION OF THE AGREEMENT, 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.
Applicable Rules. Credit Gold and Silver and Client agree that any arbitration will 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. The parties agree that a single arbitrator shall be selected to adjudicate all disputes. The selection and replacement of an arbitrator shall be in accordance with JAMS’ Rules. Client should review JAMS’ Rules, which are located at: www.jamsadr.com.
Confidentiality. The arbitration proceedings shall be kept confidential by Credit Gold and Silver and Client, and their attorneys, agents, or other representatives, unless disclosure is compelled by court order or operation of law.
California Jurisdiction and Venue. Credit Gold and Silver and Client agree the exclusive venue for arbitration proceedings, including any arbitration hearing, will be Culver City, California. Credit Gold and Silver and Client 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. Client makes this Arbitration Agreement on his or her behalf and on behalf of Client’s heirs, administrators, executors, successors and assigns and all persons claiming a beneficial interest in any transaction between Client and Credit Gold and Silver or Client’s account with Credit Gold and Silver.
Liability for Attorneys’ Fees. If any party unsuccessfully resists arbitration under this Agreement or the confirmation or enforcement of an arbitration award rendered under this Agreement, then all costs, attorneys’ fees, and expenses incurred by the other party or parties in compelling arbitration or confirming or enforcing the award shall be fully assessed against and paid by the other party resisting arbitration and/or confirmation or enforcement of the award.
Right to Revoke. Credit Gold and Silver’s and Client’s agreement to arbitrate is voluntary. Client may revoke Client’s agreement to arbitrate by delivering, within fourteen (14) days of executing this Agreement, written notice to Credit Gold and Silver at our designated address. Credit Gold and Silver will confirm such revocation in writing to Client.
BY SIGNING BELOW, CLIENT CONFIRMS THAT HE OR SHE HAS READ AND UNDERSTOOD THIS SECTION REGARDING ARBITRATION AND VOLUNTARILY AGREES TO BINDING ARBITRATION. IN DOING SO, CLIENT VOLUNTARILY GIVES UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.
Other Terms and Conditions
Authority. Client represents that Client is of legal age and capacity to enter into this Agreement. If Client is other than an individual, Client represents that he or she is fully authorized to act on the owner’s behalf.
Investment Purposes. Client represents that all of Client’s transactions shall be for investment or other commercial purposes.
Integration, Merger, and Modifications. This Agreement is the entire agreement between Credit Gold and Silver and Client. There are no representations, oral or written, other than those herein. This supersedes all prior agreements concerning the subject matter of this Agreement. Client shall not rely upon any statement made prior to or contemporaneous with this Agreement or in the future, by or on behalf of Credit Gold and Silver, that is inconsistent with this Agreement. This Agreement may be amended only upon execution of a subsequent agreement between the parties or upon Client’s failure to object, within ten (10) business days, to modifications contained in subsequent agreements sent to Client by Credit Gold and Silver.
Force Majeure. Neither Credit Gold and Silver nor Client shall be liable for any failure or delay in its, his, or her performance under this Agreement due to any cause beyond its, his, or her respective reasonable control, including, but not limited to, acts of war, terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, or governmental act.
Individual Authority of Client. If this Agreement is signed by or on behalf of more than one person (including an owner by virtue of community property interest or other operation of law), Client authorizes Credit Gold and Silver to follow the instructions of any signer without notice to or consent from the others or any non-signer. Any action taken by any Client shall be binding on all other parties with an interest in that account. All obligations of Client under this Agreement are joint and several. Client agrees to hold Credit Gold and Silver harmless and defend against any loss, liability, cost, or expense, including reasonable attorneys’ fees, resulting from any action taken by Credit Gold and Silver in reliance upon this paragraph. Notwithstanding the above, Credit Gold and Silver may require such papers, additional consents, restrict activity in the account, and/or retain all or part of the account balance as Credit Gold and Silver deems advisable at Credit Gold and Silver’s sole discretion.
Severability. If any provision of this Agreement, including any provision of the Arbitration Agreement, is determined to be invalid, illegal, or unenforceable, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed or modified in accordance with such law. All other provisions of this Agreement shall remain in effect.
Assignment. The provisions of this Agreement shall be continuous and shall inure to the benefit of Credit Gold and Silver, its successors, and assigns, and shall be binding upon Client and/or the estate, personal representatives, administrators, and successors in interest of Client. Credit Gold and Silver may assign its rights and delegate its duties as to any or all transactions under this Agreement. Client shall not delegate any obligations hereunder without Credit Gold and Silver’s prior written consent.
Notice Requirement and Cure Period. Neither Credit Gold and Silver nor Client may commence, join, or be joined to any arbitration proceeding, or judicial action should the Arbitration Agreement be deemed, invalid, unenforceable, or illegal or otherwise be unenforced, arising from this Agreement or any past, present, or future transaction between Client and Credit Gold and Silver, until Credit Gold and Silver or Client has notified the other party in writing of the basis for any claim or dispute, and afforded the other party a reasonable period after the giving of such notice to take corrective action. Notice to Credit Gold and Silver shall be delivered to Credit Gold and Silver at our designated address. Notice to Client shall be delivered to the address set forth on the signature page of this Agreement or such other address subsequently provided by Client to Credit Gold and Silver in writing.
Governing Law. Except as otherwise provided for in the Arbitration Agreement, the substantive law of California shall govern all claims brought in arbitration, or in any action in which the Arbitration Agreement is deemed invalid, unenforceable, or illegal or is otherwise unenforced, by or against Credit Gold and Silver in connection with this Agreement or otherwise arising out of any interaction between Credit Gold and Silver and Client (i.e., California’s conflict of law principles will not apply).
California Jurisdiction and Venue. In any action in which the Arbitration Agreement is deemed invalid, unenforceable, or illegal or is otherwise unenforced, jurisdiction and venue for any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or any past, present, or future transaction or other interaction between Credit Gold and Silver and Client, shall be in Los Angeles, California, and any party making a claim against Credit Gold and Silver in whatever form hereby submits to personal jurisdiction in that forum for any and all purposes.
LIMITATION OF TIME TO BRING CLAIM. EXCEPT WHERE THE LAW PRESCRIBES A SHORTER APPLICABLE STATUTE OF LIMITATION, OR PROHIBITS SHORTENING THE OTHERWISE APPLICABLE LONGER STATUTE OF LIMITATIONS, ANY CLAIM OR COUNTERCLAIM IN ARBITRATION, OR IN ANY ACTION IN WHICH THE ARBITRATION AGREEMENT IS DEEMED TO BE INVALID, UNENFORCEABLE, OR ILLEGAL OR OTHERWISE UNENFORCED, ARISING FROM THIS AGREEMENT OR ANY PAST, PRESENT, OR FUTURE TRANSACTION OR INTERACTION BETWEEN CLIENT AND CREDIT GOLD AND SILVER, IS BARRED UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DATE OF THAT TRANSACTION OR INTERACTION. THE PARTIES ACKNOWLEDGE THAT, BUT FOR THIS WAIVER HE, SHE, OR IT MIGHT HAVE A LONGER TIME PERIOD TO INITIATE A CLAIM UNDER STAE OR FEDERAL LAW.
WAIVER OF RIGHT TO BRING CLASS OR REPRESENTATIVE ACTION. CLIENT AND CREDIT GOLD AND SILVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION, OR IN ANY ACTION IN WHICH THE ARBITRATION AGREEMENT IS DEEMED TO BE INVALID, UNENFORCEABLE, OR ILLEGAL OR OTHERWISE UNENFORCED, ARISING FROM THIS AGREEMENT OR ANY PAST, PRESENT, OR FUTURE TRANSACTION OR INTERACTION BETWEEN CLIENT AND CREDIT GOLD AND SILVER ONLY IN HIS, HER, OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
WAIVER OF RIGHT TO JURY TRIAL. CLIENT AND CREDIT GOLD AND SILVER HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION IN WHICH THE ARBITRATION AGREEMENT IS DEEMED TO BE INVALID, UNENFORCEABLE, OR ILLEGAL OR OTHERWISE UNENFORCED, ARISING FROM THIS AGREEMENT OR ANY PAST, PRESENT, OR FUTURE TRANSACTION OR INTERACTION BETWEEN CLIENT AND CREDIT GOLD AND SILVER.
Consent To Call
Client expressly authorizes Credit Gold and Silver to contact Client at the telephone numbers provided in this Agreement or entered in this website regardless of whether these numbers are listed on any state or federal Do Not Call list. If Client requests that Credit Gold and Silver no longer contact Client, Credit Gold and Silver will promptly place Client on Credit Gold and Silver’s Do Not Call list.
CLIENT ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS ALL OF THE TERMS AND CONDITIONS OF THIS TRANSACTION AGREEMENT AND SHALL BE BOUND BY THEM.
THE PARTIES AGREE TO ARBITRATE ALL CLAIMS AND CONTROVERSIES AS SET FORTH IN THE ARBITRATION AGREEMENT.