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HARD ASSETS ALLIANCE D/B/A GBI DIRECT USER AGREEMENT

All transactions executed by Gold Bullion International LLC.

Effective Date: January 26, 2026

This User Agreement (the “Agreement”) is provided by Hard Assets Alliance, LLC d/b/a GBI Direct and our affiliates (collectively, “we,” “our,” and “us”) and governs your access and use of https://gbidirect.com,  including any subdomains (collectively, the “Website”), and our associated services (including all orders, purchases, sales, deliveries, and storage, whether made via the Website, by telephone, or otherwise), products, and content (collectively and with the Website, the “Services”).

Please read this Agreement carefully before accessing or using the Services. This Agreement affects your legal rights, including by limiting our liability and requiring you to resolve Disputes on an individual, non-class basis. See the Dispute Resolution section for more information.

In some instances, additional or different terms apply to your use of certain Services (individually and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

By accessing or using the Services, you agree to be bound by this Agreement and consent to the collection, use, and sharing of your information as described in our U.S. Privacy Policy. If you do not agree to all the terms and conditions, then do not use the Services. You represent that you are at least the age of majority in your state of residence and are legally capable of entering into a binding contract.

We reserve the right to make changes to this agreement at any time, which will be effective as of the “effective date” at the top of this agreement. 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. This agreement applies to you for as long as you continue to use the website. If you do not accept this agreement, please discontinue use of the website.

1.  Terms of Use

a.  Registration

Non-registered users may only access and utilize the public portions of the Website subject to the terms of this Agreement. A registered account is required to access certain features of the Website and other Services, including to purchase, sell, and/or store precious metals. You may register online.

When you create your account, you agree to ensure the information you provide is truthful, current, complete, and accurate. You agree to update and keep current the information provided through your account if and when such information changes. If we have reasonable grounds to suspect that your account information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services. You are solely responsible for maintaining the security and confidentiality of your username and password and for any and all activities (including purchases) that are conducted through your account. If you become aware of unauthorized access to your account, you agree to inform us immediately at privacy@gbidirect.com.

When creating an account, placing an order, or selling on the Website, you are agreeing to receive email notifications. You are also agreeing to accept periodic SMS and other forms of text messaging, which may include texts relating to transactions, storage, advertising and other general content. Standard messaging rates may apply. You may opt out of these notifications at any time by following the instructions in the applicable text.

An individual account may be registered only to a unique user and only the registered user may access the account; multiple persons are expressly prohibited from registering a single shared individual account, except for joint and/or entity accounts. Except as expressly set forth herein, you may never use another user’s account nor may you allow another to use your user account. Your account is not transferable to any third party.

You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise misrepresents your identity or violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Services.

We do not review accounts for authenticity, and are not responsible for any unauthorized account creation. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

You acknowledge and agree that we may use any personal information to satisfy our ongoing compliance obligations, including without limitation our “Know Your Customer” obligations under applicable Bank Secrecy Act and Anti-Money Laundering rules and regulations and ensuring that your name is not listed on any Office of Foreign Assets Control or similar sanctions list. We reserve the right to restrict access to, monitor, suspend, disable, reject, or delete your account at any time, in our sole and absolute discretion, and without prior warning.

b.  Intellectual Property

The Services may contain: (1) materials and other items relating to us and our services, including text, graphics, icons, images, articles, audio and video clips, digital downloads, data compilations, charts and software; (2) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including our own; and (3) other forms of intellectual property (all of the foregoing, collectively, “Content”). All Content is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international trademark, copyright, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (collectively, “Marks”) contained on the Services or otherwise used by us are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

c.   Limited License

We grant you a limited license to access and make use of the Services, Content, and Marks pursuant to the terms of this Agreement. The Services, all Content, and Marks may not be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted, or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal use only, provided that you: (1) keep intact all copyright, trademark, and other proprietary rights notices; (2) do not modify any of except that you may download the Content or Marks; (3) do not use any Content or Marks in a manner that suggests an association with any of our products, services, or brands; and (4) do not download or save Content so as to avoid future downloads from the Website. Your use of Content or the Marks on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: (1) resell or make any commercial use of the Services, Content, or Marks; (2) collect and use any product listings, descriptions, or prices used by us; (3) make any derivative use of the Website, Marks, or Content; (4) download or copy account information for the benefit of anyone else other than yourself; or (5) use any form of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the license granted to you hereunder.

d.  User-Generated Content

You retain all legal rights, title, and interest to any and all content, information, images, and materials that you submit, post, or display on or through the Website (the “User Materials”). You further acknowledge and agree that you are solely responsible for any User Materials you submit to the Website, including protecting those rights, titles, and interests as appropriate. We do not guarantee any confidentiality with respect to any User Materials.

By submitting User Materials to the Website, you grant us the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Materials (in whole or part), and/or to incorporate it in other works in any media now known or later developed during the full term of the copyright therein.

You represent and warrant that any User Materials you submit to the Website will not: (1) 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; (2) contain any viruses or other contaminating or destructive devices or features; (3) contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and/or (4) be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. We reserve the right (but assume no obligation) to remove, move, or edit User Materials without prior notice and may, at our sole and absolute discretion, remove User Materials that we determine, in our sole and absolute discretion, violate the terms and conditions of this Agreement.

e.  Prohibited Uses

You agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny access to any part of the Website at our sole discretion.

Specifically, you agree not to:

  • Use the Services for any unlawful purpose in violation of local, state, national, or international laws;
  • Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Website;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Use or distribute any non-public information outside your use of the Services, including any non-public information obtained or received through electronic or telephonic communications between you and us, access to your account, or any other means through your account or the Website;
  • Transmit (1) any content or information that violates any law or regulation or is fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (2) any material, non-public information about companies without the express prior written authorization to do so; (3) any trade secret of any third party; or (4) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing);
  • Engage in spamming;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of any of the Services;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Services or Content;
  • “Frame” or “mirror” any part of the Website without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services;
  • Harvest or collect information about visitors to or members of the Services without their express prior written consent;
  • Permit anyone without an account or subscription to use the Services through your subscription, username, or password;
  • Use any meta tags or any other “hidden text” using any of our Marks or product names;
  • Advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Services; or
  • Attempt any action that otherwise violates this Agreement.

You represent and agree that all information that you provide in connection with your use of the Services is true, accurate, and complete to the best of your knowledge and belief. Violation of this Agreement may result in civil or criminal liability. We may investigate potential violations, which may include cooperation with law enforcement authorities and/or pursuing prosecution of users who are involved in such violations.

f.    Data Safeguards

Please be aware that information transmitted over the internet may not be secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Services.

g.   Other Online Properties

The Services may contain links to other internet websites or resources that we do not control. Furthermore, other internet websites or resources that we do not control may link to the Services. We neither control nor endorse such other websites, nor do we review or approve any content that appears on such other websites. If you choose to follow a link to another website, the terms of service and privacy policy of that website, and not this Agreement, apply. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

2.  Terms of Purchase and Sale

We are a precious metals dealer, servicing agent, and publisher of information pertaining to monetary history, the global economy, and the precious metals sector, and are not a registered investment advisor, securities broker-dealer, or exchange or a futures commission merchant, and are not subject to regulation by the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, or any similar regulatory authority in connection with our activities, except that we are registered as a commodity broker-dealer with the Investor Protection Bureau of the Office of the New York Attorney General. We do not act as an investment advisor or a commodity trading advisor and do not provide any investment advice or commodity trading advice. Companies, products, services, newsletters, and websites referred to by, or in any communication from us are for educational, informational, and entertainment purposes only.

a.  Your Investment Acknowledgements, Representations, and Warranties

You acknowledge that investing in precious metals involves risks and may not be suitable for everyone. You are therefore urged to consult with your own advisor(s) before making a decision. Past performance is not necessarily indicative of future results. Investing in precious metal(s) often involves a degree of risk that makes them unsuitable for certain investors. You should carefully consider the suitability of precious metals as an investment choice before making any decisions that may affect your financial situation. You are responsible for making your own investment decisions. Your account is not FDIC or SIPC insured and may lose some or even all of its value.

You acknowledge that you are subject to a variety of risks, which risks are beyond our control, and you also acknowledge that we are not liable or responsible for those risks. Those risks include, without limitation, risks associated with the price volatility of 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.

b.  Absence of Relationship

You represent and warrant to us that you have sufficient experience and knowledge to make informed decisions to purchase from or sell precious metals to us. You acknowledge that you are making all of your own decisions in connection with purchases or sales and that you have not relied on any information made available by us, including without limitation the Services or affiliate websites, and that we are not making any recommendation with respect to such purchases or sales. You further acknowledge that there is no fiduciary relationship between you and us. The sole relationship between you and us is a purchaser-seller relationship. No other relationship, including without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship, or any partnership relationship, exists between you and us.

c.     Purchasing and Selling Precious Metals

We will process the purchase and sale of bars and coins on behalf of our clients. All products offered by us are displayed in our application. All products and service offerings are subject to availability and we will use commercially reasonable efforts to accurately reflect the availability of all products at the time a client places an order to purchase or commitment to invest in such product. However, for reasons out of our control, this information may not always be accurate, and all client indications of intent to purchase are subject to full or partial cancelation for any reason until such time that a purchase or investment is confirmed to be complete. We will not be held responsible for any potential gains or losses that could have been incurred as a result of the failure to complete an order, regardless of the reason. Certain products may not be available for purchase or sale during extended trading hours. Please refer to the product details in the application for further information.

A. Purchasing from Us. You may purchase precious metals from us as an individual, limited liability company, corporation, trust, through your IRA account, or through our automatic investment plan using U.S. dollars. All individual purchases are transacted via the Services, including through the Website or by telephone or email. You acknowledge that prices for precious metals change throughout the day and that the prices charged by us reflect real time market prices (prices showed to you may be either fixed or indicative), and therefore all sales are final and cannot be canceled, refunded, or returned. Payment in full for orders must be initiated within one (1) business day (a business day is Monday through Friday, Eastern Time Zone, USA on any day on which The Commodity Exchange (the “COMEX”), is open for business) from the date your purchase is confirmed (the “Order Date”). If your payment is not received within eight (8) business days of the Order Date, we may implement our Market Loss Policy (as defined below) and shall have the right to apply any amounts in your account against the amount owed to us. Furthermore, you agree that we may charge your credit or debit card and/or receive compensation for losses resulting from a defaulted order pursuant to our Market Loss Policy. We reserve the right to add or delete payment methods in our sole and absolute discretion with or without notice to you.

B. Settlement. Purchases effectuated through us can be paid for in one of two ways. First, a client can elect to deposit sufficient funds on account to cover the estimated cost of the order, including transaction fees, which will be disclosed prior to placement of the order. Alternatively, a client can elect to create an account with us and make payment as part of the transaction. All funds will be held together in a single custodial account with us for the benefit of our clients at a U.S. bank of our choice, which may be changed from time to time in our sole and absolute discretion. Clients have the option of maintaining cash balances with us for future purchases.

Upon the confirmation of a purchase order by a client that has funds on deposit with us, we reserve the right to hold the appropriate amount of these funds for the settlement of the order; however, funds may remain in the account until settlement at a later time (outlined below).

In the case of sales, we will deposit the proceeds on the client’s cash balance or send a check or wire for net proceeds to the client, as per the client’s instructions.

All purchase and sales of precious metals and Services will be made in U.S. Dollars and are transacted through Gold Bullion International, LLC.

In certain circumstances, physical delivery to our vaulting partners may be delayed due to the transportation requirements of moving precious metals; however the title is always transferred on settlement date of the order. Pursuant to the agreement between each dealer and us, the dealers will bear any costs, expenses, or liabilities (including replacement costs) if any precious metal purchase or sale order is either delayed or not physically delivered after order settlement.

We will accept client orders 24 hours per day, 7 days per week. However, because we only conduct trading 24 hours a day, 5 days a week on days that the COMEX is open for business: (1) final client execution prices for orders placed on weekends or market holidays may vary from the price quoted within the bounds of the execution buffer, if any, quoted at the time of order confirmation; and (2) orders may be subject to suspension or full or partial cancelation as detailed below.

C. Transaction Fees. The price of any precious metals purchase or sale order will include a transaction fee which will be included in the price shown to you on the trading page and trade confirmation. The transaction fee will be based on the market price of the order and will be used by us to cover, among other things, trading, transportation (including costs of insuring precious metals during transport) and other administrative costs.

D. Reporting. After each trade, we will provide the client with a confirmation detailing the amount of precious metals bought or sold, the total execution price at which the precious metals were purchased or sold and the aggregate settlement amount.

On a monthly basis, we will send electronically each client who stores precious metals with us a statement setting forth the value of such client’s holdings, as defined by the closing price of the products back to our dealers, based on the closing price for the last business day of the preceding month.

The statement from us will provide a detailed accounting of the holdings and a description of the quantity or fine weight of each bar/coin type held by the client.

E. Trade Order Risks. Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond our control. Therefore, we shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond our control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right, at our sole and absolute discretion, to refuse or cancel any orders in whole or in part.

F. Market Volatility and Extraordinary Circumstances. In the event of extraordinary circumstances, including but not limited to significant market volatility and/or market disruptions, global economic instability, limited or unavailable products, or other unforeseen events that affect the market conditions for precious metals and/or financial markets generally, (hereinafter referred to as “Extraordinary Circumstances”), we reserve the right to adjust our pricing and margins or cancel, in whole or in part, any order associated with the purchase, sale, and/or delivery of precious metals.

Upon the occurrence of any Extraordinary Circumstances, we will promptly notify you in writing, detailing the nature and expected impact of the Extraordinary Circumstance(s). Following the notification, we may, at our sole and absolute discretion, adjust the pricing and/or margins for the purchase, sale and/or delivery of precious metals. Such adjustments will reflect the increased costs or risks associated with the Extraordinary Circumstance(s). In such event we will communicate the revised pricing and margins to you within two (2) business days of the initial notification. You shall have the option to accept the revised terms or terminate the agreement without penalty, provided such termination is communicated in writing to us within two (2) business days of your receiving the revised terms. This provision shall operate in addition to, and not in limitation of, the Force Majeure clauses contained in Section 3(g) of this Agreement, and nothing herein shall limit our rights under such clause.

G. Export Compliance. Every product that we sell is subject to all U.S export laws. No products may be exported to a national or resident of any country to which the U.S has embargoed goods. Additionally, no products may be exported to anyone on the U.S Department of the Treasury's Office of Foreign Asset Control's list of Specially Designated Nationals or the U.S Commerce Department Bureau of Industry and Security's Table of Denial Orders.

H. Death. In the event of your death, we will require full documentation of your property interest retained by us and proof of death. Proof of death must be an official government document issued by the proper legal authority. Upon confirmation of your death, we will freeze your account and to the extent required by law, we will act in accordance with the instructions delivered to us by the executor or other properly appointed representative of your estate. We shall be entitled to collect reasonable fees to provide this service. It is your sole responsibility to ensure that such documentation will be provided for in the event of your death.

I. Customer Responsibility For Taxes, Tariffs, and Duties. You acknowledge that you are solely responsible for all taxes, tariffs, and duties that may be incurred as a result of purchase from or sale to us, including without limitation any sales tax which may be charged in connection with your transaction. We will only collect taxes, tariffs, and duties on transactions to the extent explicitly required by law. It is your responsibility to be aware and properly address any taxes, tariffs, and duties to which you may be subject by any local, state, and/ or federal governments. If you have any questions about taxes, tariffs, and duties, you should consult a tax or other professional about your individual circumstances. We do not provide advice or recommendations about taxes, tariffs, and duties and any statements made by us are only for the purpose of raising issues for you to discuss with your tax or other professional.

J. Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our sole and absolute 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 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.

K. Payment Options. We require all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, or ACH, whether for purchases, storage fees, delivery fees, or any other fees which may be assessed. All such fees will be displayed when executing the appropriate action. We reserve the right to add or remove payment types in our sole and absolute discretion. We do not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, we reserve the right to request additional documentation for certain orders. We also reserve 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, or money orders may be held up to forty-five (45) 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 us to authorize and capture your credit or debit card payment prior to shipment.

Credit or debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Braintree. You understand and agree that a micro deposit charge may temporarily appear in your pending transactions when you process an order through our third-party payment processors. This temporary charge will be voided. We will not be held liable for any overdraws that may occur because of the micro deposit charge. You understand and agree that we will not be held liable for any user’s failure to complete a transaction entered through the Website.

We expressly reserve the right to refuse or cancel any order, in whole or in part, for any reason, at our sole and absolute discretion, regardless of payment method and price confirmation. In the instance of an insufficient funds paper check payment, we reserve 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.

L. Taking Personal Possession of Precious Metals. Once your order ships, you will receive an email with a tracking number. Please note that in some cases it may take 24-48 hours for tracking to begin.

All shipments are fully insured for full replacement value, and we require that all shippers obtain the recipient’s signature as a condition of delivering the precious metals. However, not all delivery persons follow their instructions and may leave the package without obtaining the recipient’s signature. You acknowledge and agree that we will not be liable in the event that the shipper delivers the package without obtaining a signature. 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. However, once a package is shown to be delivered by the carrier, our 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, we are not responsible. 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 the package not making it back to our distribution center, damage or missing contents, etc. 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 we 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 us within two (2) calendar days of recorded delivery, or else we may deny any claim. We reserve the right to charge a reshipping fee.

Lost in Transit – Lost in Transit is defined for the USPS as tracking not having updated in five (5) or more calendar days. For UPS & FedEx, it is three (3) calendar days. You must contact us within three (3) calendar days of most recent tracking for USPS, UPS & FedEx. If you do not contact us within this timeframe, 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. If any package appears damaged upon delivery you should refuse to accept the package. You must notify us within forty-eight (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, we assume 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 sole and absolute discretion.

M. Taxpayer ID Information. U.S. clients will be required to provide the last four digits of a Social Security Number or Tax Identification Number to us as part of the account opening and account maintenance process. Each client will be required to certify, under penalty of perjury, that:
  • The Social Security Number or Taxpayer ID Number shown on its application form is the correct taxpayer identification number (or it is waiting for a number to be issued to it);
  • The client is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified it that it is no longer subject to backup withholding;
  • The client is a U.S. citizen or other U.S. person; and
  • The FATCA code(s) entered on the application form (if any), indicating that the client is exempt from FATCA reporting is correct.

d.    Cancelations, Refunds, and Market Loss Policy

Upon placing an order to purchase or sell with us, including without limitation any sellback of any product, you have entered into a binding and legally enforceable agreement with us and your order is final and cannot be canceled.

Should you fail to meet your obligation, whether purchasing from or selling to us, you will forfeit any deposit made on the transaction.

Further, we may at our sole and absolute discretion redeem the products or reverse the order at then current market prices. You shall be responsible for any losses suffered by us, all additional charges arising as a result of the redemption, and a single Redemption Fee of up to four hundred and seventy-five United States dollars ($475.00 USD) per transaction.

If you make a payment via bank wire, check, or any other manual method that requires a security deposit/hold, and less funds than are due arrive because of fees charged by your bank or other error or omission not the fault of us, and the amount which is received by us net of such charge/error is less than that due by under $100 USD, then you authorize us to charge the security deposit method for the remaining balance due to complete the transaction without further notice to you. We reserve the right to require a security deposit in other circumstances as well and to hold the security deposit until we are paid in full for the applicable transaction and any and all fees related thereto.

Without limiting any other rights and remedies available to us, you authorize us to deduct any losses, additional costs, and/or the Redemption Fee from your account, or to charge these payments to the credit or debit card used to secure your order. If you do not have a positive balance in your account, and we are unable to charge a credit or card successfully, you agree to make this payment to us immediately upon receipt of an invoice or other written notice from us. Future orders are not permitted unless and until any cancelation and other related fees are paid in full. Any market gains at the time of redemption shall remain the sole property of us.

Without limiting any other legal or equitable rights and remedies that may be available to us, we may elect to apply any and all of your funds in our possession to satisfy your monetary obligations and/or may offset any obligations that we may have to you. We also reserve the right, in our sole and absolute discretion, to apply any/all funds in our possession toward the satisfaction of your obligations to us.

e.    Storing Precious Metals

Storage options available through us are only available for bullion products sold by us. If you would like to store your metals with us, you can choose that option and select a vaulting location at the time you make your purchase. We will charge you a fee to store your metals with our storage providers and we will share a portion of the fee we receive from you with the applicable storage provider. In the event we need to change storage providers for our Master/Sub-Accounts, you will be notified of the new storage provider location within thirty (30) calendar days.

Precious metals purchased for storage through us will be stored by a third party internationally recognized service provider of our selection. Vaulting Partners are subject to change without notice or may be added in the future. Precious metals stored in any vault are under 24-hour surveillance and are visually inspected on a regular basis by independent auditors. The auditors will count each bar and confirm by serial number, if applicable, or by the number of bars/coins in the vault.

You are solely responsible for the storage of your metals. We recommend you exercise caution and discretion when deciding on your method of storage. We assume no responsibility after good delivery of product(s) for any consequence resulting from storing your metals whether home delivered, with any IRA custodian/facility, or through the use of professional storage services listed on our Website.

Clients who store their precious metals through us will be charged a storage fee on a periodic basis, in arrears. The storage fee will begin to accrue upon the settlement of a purchase and will stop accruing on the settlement date minus one for sales.

The amount of the storage fee will be charged in basis points and will be calculated by using the aggregate of the daily accrual of the client’s settled holdings, as follows: storage fee = (Daily Valuation * Basis Points)/Number of days in the year the precious metals are in storage). The value of a client’s precious metal holdings for each day will equal the client’s holdings at the closing of business at the average closing bid price for such day or the last day that such price was available for weekends and business holidays.

The storage fee will be used to cover our overhead expenses, including, without limitation, all expenses incurred in connection with the storage, security, insurance, and verification of precious metals (including fees and expenses paid to the vaulting partners and the auditors, expenses associated with preparing reports and valuations, legal expenses, and other operating expenses).

In the event that you are delinquent on your storage accounts, i.e. storage fees have not been paid up to date, we will notify you of your obligation to pay for storage. Where an account is at least 90 days past due, we may liquidate metals as necessary to cover the amount owed by you, and/or cancel and liquidate the account in its entirety (with balance to be maintained in U.S. Dollars, bearing no interest, until such time as it can be returned). If we need to redeem any of your metals for any reason, whether for unpaid storage fees or otherwise, we will charge you a fee of 2.5% of the dollar amount of the metals redeemed, in addition to the amount required to pay in full all of your outstanding obligations.

f.      Notice and Use of Internet for Communication

Consistent with the Agreement, you agree that we may rely on any instructions or communications from your account as authentic and coming directly from you.

By providing us with your email address and/or phone number, you consent to our using those communication methods to send you service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may use your email address and/or phone number to send you other messages, including changes to Service features and special offers. You can unsubscribe from promotional communications by following instructions in the communication itself.

You acknowledge that the reliability of your email services is your responsibility, that our messages will be transmitted to you without interference, and that you will not attempt to circumvent receipt of any communications. We will rely on your receipt of messages from us, and that any future access of the Website or Services shall constitute acceptance of our most current terms. It is your responsibility to update us of any changes to your email address and to ensure that any communications from us will be received by you.

3.             General Terms

a.    Disclaimers of Warranties and Limitation of Liability

We and our officers, directors, employees, members, managers, agents, and affiliates (collectively, the “Company Parties”) makes no representations or warranties about the suitability of the Website and/or Content for any particular purpose. None of the information contained on the Services or in any other publication by us constitutes a recommendation that any particular investment, security, portfolio, transaction, or investment strategy is suitable for any specific person. The SERVICES may contain news, information, speculation, rumors, opinions, and/or commentary. The information, statements, views, and opinions included in these publications are based on sources (both internal and external) considered to be reliable, but no representation or warranty, express or implied, is made as to their accuracy, completeness, or correctness, including without limitation, any implied warranties of merchantability, fitness for use for a particular purpose, accuracy, or non-infringement. We do not moderate, screen, or edit any third-party content. Such information, statements, views, and opinions are expressed as of the date of publication, are subject to change without further notice and do not constitute a solicitation for the purchase or sale of any investment referenced in the Services. We assume no responsibility for any loss or harm that occurs resulting from your use of the Services and/or Content. If applicable law does not allow the exclusion of some or all of the implied warranties contained in this section, the exclusions in this section will apply to you to the fullest extent permitted by applicable law.

The Services are provided on an “as is” and “as available” basis, and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, non-infringement, satisfactory quality, reliability, accuracy, merchantability, and fitness for a particular purpose. This also includes any warranties that may arise from any course of dealing, course of performance, or usage of trade. Moreover, we act solely as a repository of User Materials, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Materials. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of the Services and/or Content. We do not warrant that your use of the Services and/or Content will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services, the Website, the server(s) on which the Website is hosted or information are secure or free from viruses or other harmful components.

You should verify all claims and do your own research before investing in any investments referenced on the SERVICES. Investing in precious metals, securities, and other investments, such as options and futures, is speculative and carries a high degree of risk. You may lose a substantial amount, or even all of your money trading and/or investing in any such investments. All users of the Services acknowledge and agree they use this information solely at their own risk, and that no person or entity involved in the publication of the Services shall have any liability for any loss or damages, including without limitation, claims for loss of money, errors, defamation, or other expenses, relating to any placement of content on the Services, or any reliance on any information contained herein, or through any links contained in the Services.

We guarantee the quality, condition, and authenticity of all our precious metals. We do not, however, make any representations, recommendations, projections, warranties, or guarantees of any kind, either expressed or implied, as to the performance of our precious metals with respect to future prices or any return on investment. We will not be liable for any loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, email correspondence, Website, or any other communication from us.

Separately, you acknowledge and agree that you are responsible for any fees or charges associated with your use of an internet access provider or other third-party service to access our Services and/or Website.

b.    Limitation of Liability

You acknowledge and agree that the Company parties will not be liable (jointly or severally) to you or any other person as a result of your access or use of, or inability to access or use, the Website, Content, or Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings, or lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or any other theory of liability, even if any of the Company parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. You agree that the maximum liability of the Company parties for all damages, losses, and causes of action under this Agreement shall be the total amount paid by you, if any, for access or use of the Website, Content, or Services.

By using or accessing the Website, you acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, our maximum liability will be limited to one thousand dollars ($1000).

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

c.     Indemnification

You agree to indemnify, defend, and hold the Company Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees and the costs of investigating any claim), or other expenses that arise directly or indirectly out of or from (1) your breach of this Agreement; (2) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (3) your activities in connection with any of the Services; (4) User Materials you provide to the Website or otherwise transmit or obtain through the products and/or services; (5) your breach of any representation, warranty, or covenant made by you herein; and/or (6) your failure to perform any of your obligations contained in this Agreement.

If you are obligated to provide indemnification pursuant to this provision, we may, in our 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 our express prior written consent.

You hereby agree to release the Company Parties 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.

d.    Dispute Resolution

  1. Important: This Section impacts certain legal rights and includes a waiver of the right to participate in any form of class, mass, collective, or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.
  2. Good Faith Informal Resolution. In the unlikely event that a disagreement arises between you and us regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (a “Dispute”), prior to initiating any legal action, you must first contact us directly by email at privacy@gbidirect.com. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.

You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. This Agreement also covers any Dispute between you and any Company Party or third party if we could be liable, directly or indirectly, for such Dispute.

During the sixty (60) business days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60-business-day time period, you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

  1. Class and Collective Action Waiver. You agree that you will not sue us or the Company Parties as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class or collective action lawsuit against us or the Company Parties. Nothing in this Section, however, limits your rights to bring a lawsuit as an individual plaintiff.
  2. Time Bar. You hereby acknowledge and agree that regardless of any statute or law to the contrary, you must file any Dispute relating to or arising out of this Agreement within one (1) year after such Dispute accrued, or you shall be barred from bringing such Dispute.

e.    Applicable Law and Jurisdiction

This Agreement and any Disputes arising out of, relating to, or in any manner in connection with it (whether such Disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to its conflict of laws principles. Any litigation arising out of, under or in connection with this Agreement shall be brought and maintained exclusively in the courts of the State of New York or in the United States District Court for the Southern District, located in the Borough of Manhattan, New York. Each party hereby expressly, unconditionally and irrevocably submits to the exclusive jurisdiction of such courts.

Each party hereby further irrevocably consents to the service of process by registered mail, postage prepaid, or by personal service within or without the State of New York, and hereby expressly and irrevocably waives, to the fullest extent permitted by law, any objection it may now or hereafter have to (1) the laying of venue of any such litigation brought in any such court, (2) any claim that any such litigation has been brought in an inconvenient forum, and (3) a jury trial.

f.      Winding-Up

In the event of a sale, dissolution or other process that requires transfer or liquidation of our assets, we will act in accordance with the governing law of the applicable jurisdiction. The sale or dissolution of our business does not affect your agreement with your storage company unless you are given notice otherwise.

g.     Force Majeure

You acknowledge and agree that if we cannot provide any products or services as a result of any event that is beyond our control, including, but not limited to, acts of war, acts of terrorism, pandemics, natural disasters, and/or disruptions to shipping and distribution channels, our delay or failure to perform such obligation shall be excused and we shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

h.    Amendments

We may change the terms of this Agreement or the services or products that we offer to you at any time without notice. You may access this document at any time by selecting the Terms of Use link located on the Website. Your use of the Website or any of our products or services after changes are made to this Agreement means that you agree to be bound by such changes. As our business changes constantly, this Agreement and other pertinent company policies may change also. You should check our Website frequently to see recent changes.

i.      Waiver

Upon your failure to comply with your obligations under this Agreement, we shall exercise all of rights and remedies available, whether at law, in equity or otherwise, as set forth in this Agreement. Without limiting our rights and remedies, we may, at our sole and absolute discretion, suspend, terminate, or turn your account over to a collection agency or an attorney for appropriate legal action. Any delay or failure on our part in exercising our right or remedy shall not constitute a waiver of that right or remedy and no single or partial exercise by us of any right or remedy shall preclude other or further exercise of that right or remedy or the exercise of any other right or remedy.

j.      Other Language Translations

We may have this Agreement translated in other languages, however the terms of this Agreement shall be binding according to its interpretation in the English language only. This Agreement in any language other than English is translated in good faith to be as accurate as possible but shall not be binding. You acknowledge and agree that this Agreement has been prepared in English, and therefore the English version shall prevail and be binding even though other language translations may also be prepared.

k.     Severability

This Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any terms of this Agreement are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement and the terms that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

l.      Assignment

You may not assign this Agreement or any of your rights or your obligations under this Agreement without our prior written consent, which we may grant or withhold in our sole and absolute discretion. This Agreement shall be binding on all permitted assigns and successors of you and us.

m.  Termination

You or we may terminate this Agreement, with or without cause, at any time by written notice to the other party. The termination shall not affect the rights or obligations of you and us with respect to the period prior to termination.

n.    Integration

This Agreement contains the final and entire agreement between you and us regarding your use of the Website, Content, and Services and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements between you and us.

4. Contact Information

If you have any questions about this Agreement, please email us at privacy@gbidirect.com.

 

 

 

 

 

 

 

 

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