Terms and Conditions
User’s Acknowledgment and Acceptance of Terms and Conditions
The MetalStacks.com website and its associated services and content (collectively, the “Website”) is owned and operated by Metal Stacks, LLC. (“Metal Stacks,” “our,” “we,” or “us”). By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between Metal Stacks and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Metal Stacks, LLC, making sales to Metal Stacks, and placing orders with Metal Stacks. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. METAL STACKS STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from Metal Stacks, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read it carefully.
Please direct any legal questions regarding this Agreement to:
Metal Stacks, LLC
Attn: Legal Department
1002 Jupiter Park Lane, Suite 1
Jupiter, FL 33458
1. About the Website
Metal Stacks provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone. Metal Stacks provides high quality products to its customers by working closely with mints and distributors.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by Metal Stacks, Metal Stacks contractors and employees, others appearing on the Website at invitation by Metal Stacks, or other visitors or users of this Website, is solely at your own risk. You understand that Metal Stacks is not obligated to provide any maintenance, technical or other support for the Website.
2. Ownership of Website and License
You acknowledge and agree that Metal Stacks is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Metal Stacks.
Metal Stacks hereby grants you a limited, non exclusive, non sub licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended hereby grants you a limited, non exclusive, non sub licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Metal Stacks, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Metal Stacks.
All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. Specifically, all Metal Stacks marks are the property of Metal Stacks, including, but not limited to Metal Stacks® and all Metal Stacks logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Metal Stacks. You are prohibited from using Metal Stacks trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Metal Stacks.
4. Account Registration
Account registration and use of the website is free. You may search, view, purchase, and sell products from this website as a guest, without registering for an account. If you choose to register an account and create a user profile, complete the required information. When creating an account, placing an order, or selling on the website, you are agreeing to receive email and/or text notifications. You may opt out of these notifications at any time. We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you.
Metal Stacks reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning. You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact Metal Stacks immediately. You agree to hold harmless and indemnify Metal Stacks for any damages that arise out of, or in relationship to, the use of your Account.
5. Order Policies and Procedures
By creating an Account, you agree that Metal Stacks, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email. You may make purchases, sell to, and order from Metal Stacks only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with Metal Stacks, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Metal Stacks within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order date, or a bank wire order is not received in its entirety within two (2) business days of the original order date, any market losses between the order date and time of non-payment will be assessed.
A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame. If any order is in error due to Metal Stacks fault or otherwise, we reserve the right to cancel the order.
6. Buy Back (Sell to Us) Program
When selling to Metal Stacks through the Buy Back Program, all products sold to Metal Stacks must have a minimum Buy Back price sum of $1,000, unless otherwise arranged at Metal Stacks discretion. Most Buy Back prices will be locked in up front when the customer’s credit card information is collected. Buy Back prices are calculated based upon the customer’s good faith representation of the product and the current Spot Prices. However, Metal Stacks reserves the right to require product receipt prior to locking in all Buy Back prices. Upon receipt of the products, Metal Stacks will inspect the products for authenticity, quantity, and condition. If the products are not true to the customer’s initial representations, Metal Stacks reserves the right to make a revised offer or reject the transaction at its discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, the Buy Back may not be cancelled but may be offset at Metal Stacks current purchase price.
Buy Back Sales to Metal Stacks must be shipped within one (1) business day, and you must contact Metal Stacks via email at email@example.com or telephone at 561-529-3001, to provide a tracking number so we may confirm the product is en route. If you have elected to drop off your items at a local Metal Stacks storefront, this must be done within 48 business hours. Should you choose to use one of our prepaid shipping labels, you are responsible for following all shipping instructions you are sent to ensure the shipping insurance is valid. Customers are responsible for all costs related to shipping Buy Back products to Metal Stacks. All products must be received by Metal Stacks within agreed upon time. Metal Stacks may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the Buy Back products they ship to Metal Stacks up until Metal Stacks confirms receipt of such products. Metal Stacks is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from Metal Stacks. Packages that arrive damaged to our facility will be rejected. Without limiting any other legal or equitable rights and remedies that may be available to Metal Stacks, in the event of any failure by you to comply with this Agreement, Metal Stacks may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement. Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
8. Payment Options
Metal Stacks requires all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH/eCheck, bitcoin, or money order. Metal Stacks does not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, Metal Stacks reserves the right to request additional documentation for certain orders. Metal Stacks also reserves the right to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Metal Stacks to authorize and capture your credit card payment prior to shipment.
Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Stripe, Alliance Payments and/or PayPal. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through Metal Stacks third-party payment processors. This temporary charge will be voided. Metal Stacks will not be held liable for any overdraws that may occur because of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Metal Stacks will not be held liable for any user’s failure to complete a transaction entered through the Website.
Metal Stacks expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
In the instance of an insufficient funds paper check payment, Metal Stacks reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.
9. Payment Instructions
Metal Stacks will issue payment instructions to you during the ordering process and via email following completion of your order. Metal Stacks does not accept Cash on Delivery orders. Metal Stacks reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.
10. Cancellation Policy
Once you have placed an order with Metal Stacks you have entered into a binding legal agreement and you may not cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to Metal Stacks) at Metal Stacks current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 6:00 PM US Eastern time. Metal Stacks reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time Metal Stacks shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize Metal Stacks, Metal Stacks reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. All market gains on cancellations shall belong solely to Metal Stacks.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After Metal Stacks has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. Metal Stacks reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Metal Stacks deems questionable or suspicious, for orders Metal Stacks deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Metal Stacks does not receive payment within the allotted timeframe.
Metal Stacks is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, Metal Stacks will contact you directly with notification of the cancellation.
In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, Metal Stacks ion may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $25.00 charge will be charged to the customer’s credit card on file.
11. Return Policy
Metal Stacks refund, return and exchange policy is limited to five (5) business days from the date you receive the item. You must notify Metal Stacks Customer Service Department via telephone at 561-529-3001 within five (5) business days from the date you receive the item and follow the instructions provided to you at that time. Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs, including insuring your return shipment. Metal Stacks may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will not be held more than 3 days. In the case of a request for an exchange, Metal Stacks expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to Metal Stacks Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to Metal Stacks.
12. MetalStacks LLC Market Loss Policy
Upon issuance of an order number following a purchase from Metal Stacks, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at Metal Stacks current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Metal Stacks sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of Metal Stacks. Furthermore and to the extent Metal Stacks does not have any of your funds in its possession, Metal Stacks reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Metal Stacks. Without limiting any other legal or equitable rights and remedies that may be available to Metal Stacks, Metal Stacks may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Metal Stacks may have to you Metal Stacks also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Metal Stacks.
Once your order ships, you will receive a Shipped email with a tracking number. Note that it in some cases it may take 24-48 hours for tracking to begin. From time to time market conditions create supply shortages. In the case of supply shortages some deliveries may take as long as 16 to 30 days for tracking to begin.
Metal Stacks fully insures all its shipments, and each package over $1,000 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this Section 13. However, once a package is shown to be delivered by the carrier, Metal Stacks responsibility ends.
It is important you are 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. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note that if you use one of these locations as the shipping address, Metal Stacks is not responsible.
Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.
Delivered but not Received –Please note that Metal Stacks will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to Metal Stacks within two (2) calendar days of recorded delivery, or else Metal Stacks may deny any claim.
Lost in Transit – Lost in Transit is defined for the USPS as tracking not having updated in 5 or more calendar days. For UPS, it is 3 calendar days. You must contact us within 7 days of most recent tracking for USPS and 3 days of most recent tracking for UPS. If you do not contact us by these timeframes, insurance will not cover the package.
Missing or Damaged Contents – This is defined as packages that arrive to you with missing items, wrong items, or damaged items. You must notify us with 48 hours of the delivery timestamp on the tracking. Failure to do so will result in loss of insurance coverage.
For any of these issues, Metal Stacks assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.
14. Export Compliance
Each product that Metal Stacks sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria, or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
15. User Generated Content
Metal Stacks may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Metal Stacks does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Metal Stacks a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree you are solely responsible for any User Generated Content you submit to the Website. Metal Stacks acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Metal Stacks does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Metal Stacks reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms and conditions of this Agreement. Metal Stacks also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this Agreement, or for no reason, and without prior notice.
Either Metal Stacks or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of Metal Stacks or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Metal Stacks will result in termination of services as deemed appropriate by Metal Stacks.
17. Section 230 of the Communications Decency Act
You acknowledge and agree that Metal Stacks is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Metal Stacks may edit, remove, or control the content displayed through the Website, you agree that Metal Stacks will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Overall, the Website may contain links to third party websites, applications, or services that Metal Stacks does not own or control. You agree that Metal Stacks will not be held responsible or liable for the content of third-party websites, applications, or services.
The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Metal Stacks.
18. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Metal Stacks. You, and not Metal Stacks, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to Metal Stacks that you have sufficient experience and knowledge to make informed financial decisions and that Metal Stacks is not making any recommendation with respect to such purchases and/or such sales.
19. Disclaimer of Warranties
METAL STACKS PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. METAL STACKS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. METAL STACKS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
METAL STACKS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. METAL STACKS IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. METAL STACKS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
METAL STACKS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT METAL STACKS CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF METAL STACKS CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, METAL STACKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
20. Limitation of Liability
METAL STACKS SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE METAL STACKS ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE METAL STACKS ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. METAL STACKS SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, METAL STACKS SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND JM BULLION’S REASONABLE CONTROL. METAL STACKS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE METAL STACKS ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. METAL STACKS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
21. Indemnity and Release
You agree to defend, indemnify and hold Metal Stacks and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Metal Stacks, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Metal Stacks may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Metal Stacks consent.
You are hereby agreeing to release Metal Stacks and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and Metal Stacks is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
23. No Waiver
Upon your failure to comply with your duties and obligations to Metal Stacks, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Metal Stacks in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Metal Stacks of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event you fail to comply with this Agreement, you expressly authorize and grant to Metal Stacks the right to charge your credit card for any and all market losses incurred by Metal Stacks, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Metal Stacks as a result of price and market fluctuations for which you did not fulfill.
24. No Assignment
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Metal Stacks. Such consent may be granted or withheld by Metal Stacks at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Metal Stacks.
25. Force Majeure
You acknowledge and understand if Metal Stacks and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Metal Stacks and/or the Website will not be in breach of any of its obligations to you under this Agreement. A force majeure event means any event beyond the control of Metal Stacks and/or the Website. METAL STACKS SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.
26. Warranties, Representations, and Restrictions of Website Use
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information you provide to Metal Stacks and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Metal Stacks name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
27. Governing Law; Waiver of Jury Trial
This Agreement is governed in all respects by the laws of the United States of America and by the laws of the State of Florida, without regard to conflict of law principles. You and Metal Stacks irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Palm Beach, Florida.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against Metal Stacks with respect to this Agreement and/or the Website.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Notwithstanding the foregoing, Metal Stacks will have the right to seek injunctive or other equitable relief in state or federal court located in Palm Beach County, Florida to enforce this Agreement or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
28. Dispute Resolution; Binding Arbitration
- Amicable Resolution. You and Metal Stacks agree and acknowledge that any and all disputes, claims, demands, complaints, and/or controversies arising out of this Agreement or your use of the Website shall first attempt to be resolved through amicable resolution. You and Metal Stacks both agree to attempt amicable resolution reasonably and in good faith. Notice of any such dispute shall be submitted to Metal Stacks at the following address:
Metal Stacks, LLC
Attn: Legal Department
1002 Jupiter Park Lane, Suite 1
Jupiter, FL 33458
You and Metal Stacks agree to attempt amicable resolution for at least thirty (60) days prior to pursuing arbitration for the dispute.
- Arbitration. In the event that you and Metal Stacks are unable to amicably resolve any such dispute, you and Metal Stacks agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this Agreement, your use of the Website, or the purchase of products from Metal Stacks, including any disputes concerning the validity, interpretation, violation, breach, or termination of this Agreement.
- Arbitration Procedure. Arbitration under this Agreement will be conducted in Palm Beach County, Florida and in accordance with the most recently effective Commercial Arbitration Rules of the American Arbitration Association. The arbitration proceeding will be decided by a single neutral arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the State of Florida and the federal laws of the United States. You and Metal Stacks agree that the maximum amount of any award pursuant to arbitration will be the price of you paid for products or services from the Website. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The filing party agrees to pay all administrative fees and arbitrator compensation costs. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You and Metal Stacks agree that the situs of this Agreement is the State of Florida. You and Metal Stacks agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
30. Entire Agreement
This Agreement constitutes the entire agreement between you and Metal Stacks and governs your use of the Website, superseding any prior agreements.
32. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
33. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Metal Stacks will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Metal Stacks inadvertently collects such personally identifiable information, Metal Stacks will delete the personally identifiable information in accordance with its security protocols.
34. Reservation of Rights
All rights not expressly granted herein are reserved to Metal Stacks.