Terms and Conditions
Last updated: 07/07/2023
- For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
- “Metalsmart”, “us” or “we” includes Metalsmart, Inc. and any of its affiliates or subsidiaries.
- “Precious Metals” includes, but may not be limited to, any of the precious metals products and services which you inquire about by using the Metalsmart websites.
- “Provider(s)” includes, but may not be limited to, the dealers, service providers, and other entities offering products and services through Metalsmart’s Websites.
- “Request Pricing” refers to your request for pricing from providers of any of the products and services that you may be connected to through Metalsmart’s Websites.
- “Request Contact” refers to your request of a specific Provider to contact you at the phone number or email provided.
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications.
Electronic Notices and Information Delivered Electronically You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with us and our Providers. Your continued use of this site is evidence of your acceptance and agreement to be bound by this Agreement.
Copyright, Trademark and Service Mark Notices All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to Metalsmart. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Metalsmart’s prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content. Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. METALSMART DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. METALSMART DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- UNDER NO CIRCUMSTANCES WILL METALSMART BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.
- METALSMART DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Indemnity You agree to indemnify, defend and hold harmless Metalsmart and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Metalsmart Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Metalsmart. The Metalsmart Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages METALSMART’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL METALSMART BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL METALSMART’S TOTAL LIABILITY EXCEED U.S. $50.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays You agree that Metalsmart is not responsible for any errors or delays in responding to a request caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN NEWARK; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN NEWARK, DELAWARE, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
Terms Applicable to All Services We provide educational content and operate online marketplaces that enable consumers to comparison shop on Metalsmart’s Websites for precious metals and services offered by Metalsmart’s network of Providers. By submitting any Request for Contact containing your request for Dealer contact through a Metalsmart Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that Metalsmart, a third party on Metalsmart’s behalf, and Metalsmart’s Network Partners with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using Metalsmart’s services.
You consent to receive email from Metalsmart, its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving calls and emails from Metalsmart at any time by engaging in any of the following reasonable means: (1) notifying a Metalsmart customer service representative that you no longer wish to be contacted by Metalsmart and are revoking your consent to be contacted; or (2) responding to any SMS, mobile, text message, or email you receive from Metalsmart in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that Metalsmart is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
Metalsmart is not a precious metals dealer. Metalsmart is not an agent of either you or any Provider. Metalsmart is not acting as your agent or as the agent of any Provider. Metalsmart’s services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from Metalsmart in deciding which available product, terms and Provider best suits your needs and financial situation.
Any Request for Pricing or Request Contact you submit is not a sales order. Rather, it is an inquiry to be matched with Providers that may be able to present offers on precious metals products and services. The Provider is solely responsible for its services to you, and you agree that Metalsmart shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your submitted information and any other information provided by Metalsmart or received by them in the processing of your Request Contact, whether you are qualified for a product with them or complete a formal application for services with them.
For any Service, by saving your information with Metalsmart or submitting a Request Pricing or Request Contact, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with Metalsmart in order to adhere to applicable laws. Providers and Metalsmart may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for Metalsmart and the selected Provider to share this information for these purposes.
A Provider’s participation in and offering of its products on the Websites does not constitute an offer by any Provider or by Metalsmart to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any precious metal products in any specific state through the Websites at any time, without prior notice.
We do not guarantee specific terms or conditions with any Provider. Likewise, we do not guarantee that the prices offered by Providers include the lowest prices available in the market or the prices that the Providers will ultimately charge. A Provider’s offer may be subject to market conditions, approval and qualification. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Metalsmart to each of the Providers to whom your precious metals request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) from Metalsmart and its Providers.
Terms Applicable to Financial Education Content We may provide content and tools on our Websites that allow you to enhance your precious metals education and learn how certain precious metals decisions could impact your financial well-being. We provide these materials for informational, educational, and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or other advice. You may see offers on these Websites from companies that compensate us. This compensation may impact the location and order in which these offers appear. Our Websites do not include the entire universe of available precious metals dealers.
Ratings & Reviews and User-Generated Content On certain Metalsmart Websites, you may submit user generated content. By submitting any content on these Websites or through any social media channel associated with Metalsmart, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
- use of the content you supply does not violate this Agreement and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Metalsmart (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, this Agreement, or your violation of any law or the rights of a third party.
For any content that you submit on the Websites, Facebook, Twitter or any similar Metalsmart-affiliated social media property, you grant Metalsmart a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting content or submitting your email address in connection with your rating and review, you agree that Metalsmart and its third-party service providers or the entity being reviewed may use your email address to contact you about the status of your review and other administrative purposes.
How We Are Compensated Metalsmart is paid a marketing lead generation fee by Providers for the goods, facilities and services provided. Your use of the Websites and/or Metalsmart’s services constitutes your agreement with this compensation arrangement.
Additional Terms Applicable to Specific Financial Services & Products We offer Services that you can use to comparison shop for precious metals products (including gold, silver, platinum, and palladium products) and services.
When you click on any Request Contact button or any other button or form that is used to communicate to a Provider, you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a precious metals product through Metalsmart which will match you to Providers to whom your request and personal information is transmitted. Metalsmart empowers consumers to comparison shop for precious metals products. Metalsmart DOES NOT buy or sell precious metals. Metalsmart is not a precious metals dealer. Metalsmart’s services are only administrative. Any Qualification Form you submit is an inquiry to be matched with Providers that may be able to present conditional offers. You will have to speak with the Provider you choose before the Provider will extend an unconditional offer.
Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise to sell precious metals. The Websites and the Services provided by Metalsmart are available in connection with precious metals transactions located in the fifty states and the District of Columbia unless otherwise specified. Providers may not offer all products as well as not offer products in all states.
You might not be matched with any specific Providers making any specific offers. We will continue to attempt to match you for up to twenty-four hours after you submit your request and may contact you via telephone at the number you provided to attempt to help you obtain a match. If we are able to identify a match not originally identified on your online offers page, you agree we may call or contact you to identify such Providers and you may elect to be connected with those Providers to learn more about their products and services. Metalsmart cannot and will not select a Provider for you.
Terms Applicable to Metalsmart Accounts By creating a Metalsmart account (whether directly or in conjunction with submitting a Qualification Form), you understand and consent to Metalsmart receiving and accessing consumer report information about you from one or more credit bureaus. By registering with My Metalsmart, you are providing express written consent that we may use and analyze your information as follows: to a) provide you with customized recommendations and general information about you; and/or b) serve you targeted ads and other communications based on your information, c) identify affiliate and non-affiliate Providers that may be able to provide valuable services to you; d) so that Metalsmart may perform analysis and data modeling in order to offer customers better Services in the future. For as long as you maintain a Metalsmart account, you are providing express written consent for us to maintain and share information provided by you, and about you by third parties, to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.