Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

Privacy and Security Disclosure

Advantage Gold’s Privacy Policy may be viewed here: https://www.advantagegold.com/legal/privacy-policy/. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

General Conditions and Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it. 

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Advantage Gold reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Advantage Gold’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Advantage Gold may take any other actions necessary in this regard or seek any remedies permitted by law.

No Investment Recommendations or Professional Advice 

Advantage Gold does not provide personalized investment advice or execute trades or transactions on your behalf, and is not a broker-dealer, or investment advisor.  Neither the Website nor any of Advantage Gold’s products or services are intended to provide tax, legal, insurance, or investment advice.  None of the content provided on the Website or through any of Advantage Gold’s products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or asset by Advantage Gold or any third party.  You alone are solely responsible for determining whether any investment, security or strategy, or any other asset, product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.  You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Website may reference prior articles and opinions that we have published.  These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current.  As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons.  In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data

Investing Disclosure; Hypothetical Performance Results Disclosure

This Website provides information about investments in precious metals. Physical metals fall into two categories: 1) bullion, which are coins or bars of a specific weight and purity; and 2) “numismatic” or collectible coins, which can be rare or old coins, or special proofs that are newly minted as collectibles. Investments of bullion or coins that are eligible for individual retirement accounts (including self-directed individual retirement accounts or SDIRAs) include U.S. gold coins minted by the Treasury Department that are 1 ounce, 0.5 ounce, 0.25 ounce, or 0.10 ounce; 1 ounce silver coins; certain platinum coins; and gold, silver, palladium, and platinum bullion that meet or exceed the fineness requirements of a Commodity Futures Commission-regulated futures contract. 

All investments involve risk that losses may exceed the invested amount and that the past performance of a commodity, security, industry, sector, market, or product does not guarantee future results or returns. YOU ACKNOWLEDGE THAT BULLION AND NUMISMATIC COIN PURCHASES INVOLVES HIGH RISKS THAT MAY RESULT IN YOUR LOSS OF LARGE SUMS OF MONEY. When purchasing bullion or numismatic coins you may lose all of the money you invested. The value of bullion or numismatic coins is affected by many economic factors, including the current market price of such precious metals, their perceived scarcity, and other factors. Some of these factors include the quality and current demand and general market sentiment. The markets for precious metals are subject to substantial fluctuations including significant and rapid increases and decreases from time to time. Customers must be able to assume and tolerate the risk of such price fluctuations. Being a successful “paper trader” or “paper investor” during one period of time does not mean that you will make money when you actually invest during a later time period. Market conditions constantly change.

The information set forth on this Website is not an invitation to trade any specific product, commodity, security or class of securities. Investing requires risking money in pursuit of future gain. That is your decision, and you are solely responsible for your investment decisions. Do not risk any money you cannot afford to lose. This Website does not take into account your own individual financial and personal circumstances. You are encouraged to consult with a qualified investment professional regarding any trading or investment strategy, or a particular trade or investment. Your failure to seek professional, detailed and personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital. We make no representation that you will or are likely to achieve profits or losses similar to those presented on this Website. This Website is for informational purposes only and does not provide investment advice. The owner of this Website does not fall within the federal or state definition of an investment adviser and is not registered as such.

Grades and descriptions of products are opinions based on standards and interpretations that can and do change over time and are not statements of fact or guarantees. Advantage Gold is not a grading service, and relies upon the certifications of independent grading services in selling the products. Advantage Gold does not independently verify the grade or authenticity of the products it sells. While Advantage Gold guarantees that all the products it sells are genuine, the products sold by us are sold on an “as is” basis and we expressly disclaim 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 the products by independent grading services.

Hypothetical or simulated performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular program or strategy. Unlike an actual performance record, simulated results do not represent actual trading. Since the transactions described have not actually been executed, the results may have under- or over- compensated for the impact, if any, of certain market factors, such as lack of liquidity. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical transactions do not involve financial risk, and no hypothetical record can completely account for the impact of financial risk in actual transactions. For example, the ability to withstand losses or to adhere to a particular program in spite of the purchase and sales losses are material points, which can also adversely affect results. There are numerous other factors related to the market in general or to the implementation of any specific program that cannot be fully accounted for in the preparation of hypothetical performance results, all of which can adversely affect actual results.

The Website may contain information regarding some of our successful hypothetical transactions. We also have hypothetical transactions where we lost money (not including fees and commissions). Past results, real or hypothetical, are not necessarily indicative of future results.

Modifications to the Website and Prices

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website.  

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited.

Account Registration; Self-Directed IRA

In order to access some of the products or services of the Website, you will be required to create an account.  By creating this account, you agree to the following:

• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or authorize access to your account; 
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of your account; and
• You will be liable for any use made of your account or password and the losses of Advantage Gold or others due to such unauthorized use.  We will not be liable for your losses caused by any unauthorized use of your account.

Advantage Gold has the right, in its sole discretion, to cancel your account or suspend your access to the Website.

If you open a self-directed individual retirement account with STRATA Trust Company (“STRATA”), see https://www.stratatrust.com, a subsidiary of Horizon Bank, we note that:  (i) STRATA performs as a directed (passive) custodian; (ii) STRATA is not FDIC-insured nor does it offer any bank guarantees; (iii) Advantage Gold is not an affiliate of either STRATA or Horizon Bank; and (iv) Advantage Gold is initially appointed as your designated self-directed individual retirement account representative, subject to your removal and designation of another representative.

User Communications

By using any Advantage Gold services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices”) that we provide in connection with your account and your use of the services.  Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you.  If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Advantage Gold will honor any requests to unsubscribe within 30 days.

Advantage Gold may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with Advantage Gold. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.

Order Placement and Acceptance

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny anyone’s order for any reason.  In the event we deny your order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.  We reserve the right to require additional information before processing any order. When placing an order on the Website, the price at which your order is submitted is the guaranteed price.

You may reach us for questions about your order by contacting Customer Support by phone at (888) 501-9001 or email at info@advantagegold.com.  Please visit our Contact Us Page for additional contact information.

Shipping

Advantage Gold ships to addresses located in the United States via carriers of our selection. Shipping charges will be calculated and displayed at checkout.  Advantage Gold is not responsible for these charges if they are applied and are your responsibility as the customer. After Advantage Gold verifies that the funds sent by you have been processed and cleared, we shall deliver the bullion products specified in the order confirmation to a suitable delivery service for delivery to you, except that for payments processed by personal check, we will not ship the bullion products less than ten (10) business days following receipt of the personal check so as to verify the funds have been processed and cleared. Unless otherwise specified in the order confirmation, we shall cause all bullion products purchased to be delivered to the address specified within twenty-eight (28) days of funds clearing. We alone shall determine the appropriate means of delivery, and shall use reputable, nationally recognized carriers. If any items are lost prior to deliver or not received, you must promptly notify us in writing sent to Advantage Gold, LLC, and Attention: Client Services, 7600 Burnet Rd., Ste. 560, Austin TX 78757. If we verify through our delivery service or otherwise that your items were lost prior to delivery or never delivered, we may, within forty-five (45) days of such verification, at our sole discretion, either refund to you the funds for such lost or undelivered items or replace those items with other bullion products at the same denomination/type and grade. We assume no responsibility for any order of bullion products received by you and are lost after delivery. 

Accurate shipping address and phone number are required.  We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information.  If you discover that you have made a mistake with your order after it has been submitted or wish to cancel your order after you placed it, please contact Customer Support immediately by email (info@advantagegold.com) or call us at (888) 501-9001, or visit our Contact Us Page to submit an inquiry.  You must contact us within twenty-four (24) hours in order to attempt to modify or cancel your pending order.  However, we cannot guarantee that we will be able to amend your order in accordance with your instructions. If you cancel your order subject to this policy, we will solely credit back to your payment method the price paid at the time you ordered the product e.g., should the price of the bullion go up, we will not charge you additional funds. Similarly, if the price goes down, we will not credit you the difference.

Advantage Gold fully insures all its shipments, and each package requires a signature upon delivery. Should anything happen while your package is in transit to you, it may be covered by an insurance policy subject to the other conditions set forth in this Section. However, once a package is reported as delivered by the carrier, Advantage Gold’s responsibility ends.

It is important you be prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. Advantage Gold disclaims all responsibility if you have left instructions with any carrier or delivery service to leave packages for you without the need for your signature. Advantage Gold disclaims all responsibility if you instructed the carrier or delivery service (or the shipping address requires) to deliver or leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or any other drop off location. In any such case, you bear the risk of loss on the package and there may be no insurance coverage for the package through Advantage Gold or any applicable insurance company. We will not assume responsibility for packages that are forwarded to or signed for by any person(s) that is not the addressee listed on the order.

In addition, if the carrier returns the package to sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return to sender process. This includes, but is not limited to, the package not making it back to our distribution center, damage or missing contents.

Should anything happen while your package is in transit to you by the carrier, you might be permitted to claim coverage under an applicable insurance policy, provided that you directly receive the package from the carrier. You must notify us of a lost package within thirty (30) days from the shipment date of your order. We must be notified within two (2) days from the delivery date if a package has been received damaged or tampered with. 

Delivery Confirmation

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature. 

Refund Policy; Market Loss Policy

Due to the volatile nature of the bullion market, all sales are final, and there are no refunds, exchanges, or returns permitted unless otherwise specified. 

When you purchase from Advantage Gold, and once we have issued a confirmation number for your order, the transaction price is set and any corresponding market risk is yours to bear unless you properly cancel subject to the requirements of Section 10 above.  If you default in your performance of payment or any other act required by you, we may cancel your order. If your order is cancelled, you agree you have full responsibility and liability to Advantage Gold for any market loss, plus the greater of 10% of the order total fee. You must also pay, and have full responsibility and liability to, Advantage Gold for all fees and costs associated with our collection efforts. Any market gain on order cancellations shall vest in and remain the property of Advantage Gold, and we shall have no responsibility to you for any market gains. We reserve the right to cancel any order at any time and for any reason. All future orders will be held for shipment until any/all outstanding market loss and/or cancellation fee balances have been paid in full.

Payment 

All charges are in U.S. Dollars.  By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer.

We are not responsible for any fees or charges that your bank or payment card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement. 

Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Advantage Gold, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

Digital Millennium Copyright Notice

1. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement: 

Advantage Gold LLC Legal Department

Attn:  DMCA/Copyright Agent

7600 Burnet Rd., Ste. 560

Austin, TX 78757

Tel: (888) 501-9001

Email: info@advantagegold.com       

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in a delay in the processing of your complaint.

1. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Advantage Gold or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Advantage Gold, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Advantage Gold, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Advantage Gold.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

• Copyright

The copyright in all materials provided on the Website is owned by Advantage Gold or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Advantage Gold. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Advantage Gold may revoke any of the foregoing rights at any time. You may not, without Advantage Gold’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

• Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Advantage Gold. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Advantage Gold, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Advantage Gold. Advantage Gold prohibits the use of any Advantage Gold logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Advantage Gold in writing.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Advantage Gold OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER Advantage Gold HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ADVANTAGE GOLD IS FOUND LIABLE UNDER ANY THEORY, ADVANTAGE GOLD’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Advantage Gold WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND ADVANTAGE GOLD ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, ADVANTAGE GOLD’S PRIVACY POLICY OR TERMS OF SALE, ADVANTAGE GOLD’S ADVERTISING OR MARKETING PRACTICES, OR ADVANTAGE GOLD’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF TEXAS TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND ADVANTAGE GOLD AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT ADVANTAGE GOLD’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT ADVANTAGE GOLD HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF TEXAS FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF ADVANTAGE GOLD’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.  OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH ADVANTAGE GOLD’S WEBSITE BY SENDING A LETTER TO: ADVANTAGE GOLD LLC ATTN. LEGAL DEPARTMENT, 7600 BURNET RD., STE. 560, AUSTIN TX 78757, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Advantage Gold, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

Third-Party Websites and Links

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party. 

Testimonials, Reviews, and Other Submissions

Advantage Gold is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Advantage Gold may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Advantage Gold’s products or services, in printed and online media, as Advantage Gold determines in its absolute discretion.  The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.

Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Advantage Gold in any manner (unless expressly stated otherwise by Advantage Gold) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Advantage Gold in any manner, though Advantage Gold reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, Advantage Gold may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.

Advantage Gold reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  

Electronic Communications 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Assignment 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Advantage Gold and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Advantage Gold’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

No Waiver 

No waiver by Advantage Gold of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Advantage Gold to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

In the event that we terminate this Agreement, Sections 2-5, 14-19, 21-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

Entire Agreement 

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Advantage Gold, and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:

Advantage Gold LLC

7600 Burnet Rd., Ste. 560

Austin, TX 78757

Tel: (888) 501 9001

Email: info@advantagegold.com