By using the website http://www.gmrgold.com/ and other services provided by Global Monetary Reserve (“Global Monetary Reserve”), including making purchases from Global Monetary Reserve, making sales to Global Monetary Reserve or placing orders with Global Monetary Reserve, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with Global Monetary Reserve you must read and accept all of the terms in the User Agreement. Global Monetary Reserve strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policies and Procedures located on this website available by hyperlink.
This User Agreement is effective on January 1, 2013, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders
You may make purchases, sell to and order from Global Monetary Reserve only in accordance with the Global Monetary Reserve Policies.
You are subject to the Disclaimers (Available by hyperlink) that have been made by Global Monetary Reserve, which Global Monetary Reserve encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Global Monetary Reserve.
In addition, you represent and warrant to Global Monetary Reserve that you have sufﬁcient experience and knowledge to make informed decisions to purchase from and/or sell to Global Monetary Reserve. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Global Monetary Reserve is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Global Monetary Reserve, and you expressly acknowledge that Global Monetary Reserve is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
You shall indemnify and hold harmless Global Monetary Reserve and its afﬁliates, directors, ofﬁcers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneysʼ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Global Monetary Reserve or (b) your failure to comply with this User Agreement or the policies adopted by Global Monetary Reserve.
Limitation of Liability
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Global Monetary Reserve. In the event that, notwithstanding such limitations of liability, Global Monetary Reserve is determined to be liable to you in connection with any transaction between Global Monetary Reserve and you pursuant to this User Agreement, the liability of Global Monetary Reserve to you shall be limited to the lesser of (a) the amount, if any, that you paid in such transaction or (b) $1,500.00. Global Monetary Reserve shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Global Monetary Reserve has adopted several Policies and Procedures, and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Global Monetary Reserve. All of these policies may be amended or terminated, at any time and from time to time, by Global Monetary Reserve and such amendments and such terminations will take effect when posted on the website. By purchasing from, making sales to or ordering from Global Monetary Reserve, whether by telephone, through the website or otherwise, you are subject to such policies and procedures, with which you hereby agree to comply.
Every product that Global Monetary Reserve sells is subject to all U.S export laws. 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 U.S has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the U.S Treasury Department's list of Specially designated Nationals or the U.S Commerce Department's Table of Denial Orders.
Either Global Monetary Reserve or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Global Monetary Reserve and you with respect to the period prior to the termination.
Default - Rights and Remedies
Upon any failure by you to comply with your obligations to Global Monetary Reserve, Global Monetary Reserve shall have all of the rights and the remedies available to Global Monetary Reserve, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Global Monetary Reserve may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Global Monetary Reserve in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Global Monetary Reserve of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to Global Monetary Reserve, in the event of any failure by you to comply with this User Agreement, Global Monetary Reserve may charge the credit card on which you have provided Global Monetary Reserve including, without limitation, any and all market losses incurred by Global Monetary Reserve including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market ﬂuctuations for which you did not fulﬁll. You expressly authorize Global Monetary Reserve to charge your credit card for all of such amounts.
Our “Market Loss Policy”
When purchasing from Global Monetary Reserve, once we have issued a conﬁrmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deﬁcit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 (USD) cancellation fee. Any market gain on cancellations shall remain the property of Global Monetary Reserve.
When selling to Global Monetary Reserve, once we have issued a conﬁrmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deﬁcit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $35.00 (USD) cancellation fee. Any market gain on cancellations shall remain the property of Global Monetary Reserve.
In addition to the other rights and remedies available to Global Monetary Reserve, in the event of any failure by you to comply with this User Agreement, Global Monetary Reserve may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement.
In addition to the other rights and remedies available to Global Monetary Reserve, Global Monetary Reserve may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Global Monetary Reserve and may offset any monetary obligations that Global Monetary Reserve has to you against your monetary obligations to Global Monetary Reserve. Global Monetary Reserve may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Global Monetary Reserve in such manner as Global Monetary Reserve determines to be appropriate.
Absence of Relationship
The sole relationship between Global Monetary Reserve and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Global Monetary Reserve and you exists.
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Global Monetary Reserve, which may be granted or withheld by Global Monetary Reserve in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Global Monetary Reserve and you.
Costs and Expenses of Collection
In the event that Global Monetary Reserve must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Global Monetary Reserve, including, without limitation, reasonable attorneysʼ fees, in connection with such action.
It is the common goal of Global Monetary Reserve and you that any disagreement or dispute between Global Monetary Reserve and you be resolved expeditiously. Global Monetary Reserve and you agree that all disagreements and disputes between Global Monetary Reserve and you be resolved in accordance with the following paragraphs:
The federal and state courts located in Montgomery County, Texas shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, County of Montgomery, without regard to conﬂict of laws principles.
WAIVER OF JURY TRIAL - ARBITRATION REQUIREMENT
BOTH Global Monetary Reserve AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, ANY DEALINGS WITH Global Monetary Reserve, AND THE TRANSACTIONS UNDER ANY Global Monetary Reserve USER AGREEMENT.
If Global Monetary Reserve can not perform any obligation hereunder as a result of any event that is beyond its control, Global Monetary Reserveʼs delay or failure to perform such obligation shall be excused and Global Monetary Reserve shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Global Monetary Reserve to carry out this User Agreement.
Except as otherwise provided in this User Agreement, all notices and other communications to Global Monetary Reserve shall be directed to the registered agent of Global Monetary Reserve in the State of Texas and all notices and other communications to you shall be directed, at the option of Global Monetary Reserve, to the address that you provided to Global Monetary Reserve at the time of your registration or to the email address that you provided to Global Monetary Reserve at the time of your registration.
Recording of Phone Conversations
Global Monetary Reserve may record phone conversations between Global Monetary Reserve and you. You consent to the recording of such phone conversations.
Absence of Waivers
A decision or a failure by Global Monetary Reserve to take action with respect to any non- compliance with this User Agreement does not affect the ability of Global Monetary Reserve with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such un-enforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Global Monetary Reserve may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 10 days after their initial posting on the website.
This User Agreement may not be otherwise amended except by written agreement between Global Monetary Reserve and you.
This User Agreement sets forth the entire understanding between Global Monetary Reserve and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Global Monetary Reserve.
GMRgold accepts orders over the phone as well as on this site. Do not hesitate to call us with questions, comments, or anything else you might need assistance with. Thank you for visiting and we look forward to helping you and providing you with the most pleasant precious metals buying experience.