Terms of Use

These Terms and Conditions (“Terms”) govern your use of any websites (the “Site” or “Sites”), electronic and text messages, and social media pages operated, directed by, or otherwise maintained by FMRGOLD, its parent company, subsidiaries, and affiliates (collectively “FMRGOLD” or “we” or “our”) that display these Terms & Conditions.

You (“You” or “Your” or “User”) agree to these Terms & Conditions and to our Privacy Policy by Your access or use of the Sites and any of the services offered by FMRGOLD, including your purchase from the Sites, whether You are a registered user of the Sites. By using the Site, you represent and warrant that You are at least eighteen (18) years of age.

If You do not agree to these Terms and Conditions, you are prohibited from access to the Site and must immediately discontinue such access.

Table of Contents

1. YOUR ACCOUNT
2. ORDERS AND CANCELLATIONS
3. MARKET LOSS POLICY
4. BACK-ORDERS
5. MINIMUM ORDERS 
6. PAYMENT OPTIONS
7. SHIPPING INFORMATION 
8. RETURN & EXCHANGE 
9. PRICES
10. NO INVESTMENT ADVICE or RECOMMENDATION 
11. FRAUD 
12. RELATIONSHIP 
13. PROMOTIONS
14. TEXT MESSAGING
15. CONTENT YOU POST
16. CONTENT POSTED BY OTHERS
17. YOUR USE OF THE SITES
18. NON-CONFIDENTIAL INFORMATION
19. INTELLECTUAL PROPERTY 
20. COPYRIGHT PROTECTION
21. MODIFICATIONS AND TERMINATION
22. SOCIAL NETWORKS
23. FORCE MAJEURE 
24. OUR WARRANTIES AND DISCLAIMERS
25. LIABILITY FOR OUR SERVICES
26. GOVERNING LAW
27. DISPUTES
28. ADDITIONAL DETAILS
29. CUSTOMER SERVICE
30. SCRATCH PAPER & NOTES

YOUR ACCOUNT 

You may be required to create an account and specify a secure password to make purchases and use certain features on FMRGOLD Site(s). You must maintain true, accurate, current, and complete information when creating an account. Your account should be updated periodically by the user to reflect any changes.

You may not share your account with anyone else. Please contact Service@FMRGOLD.com if You believe that your account has been compromised at any time.

ORDERS AND CANCELLATIONS

An agreement for FMRGOLD to sell precious metals and other merchandise to You is made when You place, and we accept Your order. Your accepted order price is calculated and locked-in at checkout. The description of precious metals, merchandise, price, and applicable tax are agreed on between You and FMRGOLD when an order is placed, and we have issued a sales order confirmation. You are responsible for the charges for handling, packaging, freight, and insurance of Your order as reflected in the order summary provided upon checkout. If You default in any payment policy of this agreement, we may cancel Your order and You may be bound by provisions of the Market Loss Policy.

Only a FMRGOLD service department representative is authorized to approve cancelation of an order and issue a final cancellation number for any order. Please contact a service department representative during normal business hours by phone (713) 360-7588 or by email at Service@FMRGOLD.com.

FMRGOLD reserves the right to charge a restocking fee of $50 or 10% of the total order price (whichever is greater) plus any market loss per the Market Loss Policy on all cancelled or refunded orders.

Any market gain on cancellations or returns will remain the property of FMRGOLD.

Approved cancellations and refunds may be issued as a FMRGOLD Site(s) Credit, redeemable for future purchases in lieu of a cash refund at the sole discretion of FMRGOLD.

Placement of an order is a binding agreement.

All orders are considered final, and You may not change or cancel them. FMRGOLD reserves the right to cancel any order for any reason.

MARKET LOSS POLICY

Placement of an order by You and an order confirmation number issued by FMRGOLD accepting Your order is a binding agreement. Once an order is placed and a confirmation number is issued You are responsible for all loss in value incurred by FMRGOLD during the cancellation or return process. Any market gains during the cancellation or return process will remain the property of FMRGOLD.

If You default in Your obligations for any order, we may cancel Your current, pending, and future orders. If any of Your orders are cancelled due to a default, you have accepted responsibility and liability to FMRGOLD for any market loss, plus a $50 or 10% of the total order price (whichever is greater) restocking fee. You must also pay to FMRGOLD all fees and costs associated with FMRGOLD efforts in collecting from You.

All existing and future orders will be subject to cancelation or held for shipment at the sole discretion of FMRGOLD until all outstanding market loss and cancellation fee balances have been paid in full.

BACK-ORDERS

Periodically, product Demand can and will be greater than Supply with more Buyers than Sellers. FMRGOLD reserves the right to delay delivery of Your accepted order up to 28 calendar days from Your expected shipping date. Your price as outlined in Your FMRGOLD sales order confirmation remains locked-in provided You have not defaulted on any terms of Your confirmed transaction. If the price of the items in Your FMRGOLD order were to rise, your price remains locked-in at the order confirmation price.

If Your sales order included a Numismatic or non-precious metal item and we are sold out, FMRGOLD at its sole discretion will place it on back-order and attempt to locate another or refund Your original sales price. If there is any delay in sending any portion of Your order or a refund is provided, you waive any and all right to claim actual damages of any kind whatsoever.

MINIMUM ORDERS  

FMRGOLD has no minimum order. A maximum shipping charge of $35.00 may be added at checkout for orders under $350.00. 

PAYMENT OPTIONS

Payment instructions will be presented during checkout based on your choice of payment type and presented again in your order confirmation email. You may be required to create an account and specify a secure password to make purchases and use certain features of FMRGOLD Sites.

Personal Check, bank issued Cashier’s Check, and Bank Wire payments require your credit card details to verify your identity and to enforce our Market Loss Policy, should you cancel your order or fail to meet the terms of your sales order confirmation.

Personal Checks and bank issued Cashier’s Checks payments must be received within five (5) days from order confirmation.

Bank Wire payments must be received within three (3) days from order confirmation. Your payment must be dated within 24 hours of Your order date.

CASH DISCOUNT If You pay by Personal Check, bank issued Cashier’s Check, or Bank Wire, we provide a 4.0% cash discount off the list price. All FMRGOLD posted prices reflect and account for the appropriate cash discount price.

*CHECKS We deposit Your personal check or bank issued cashier’s check into our bank account once received from you. Payment must be dated within 24 hours of Your order date. Personal Checks and bank issued Cashier’s Check payments must be received within five (5) days from order confirmation. FMRGOLD will authorize Your shipment sometime between five (5) and ten (10) business days after we receive and deposit Your personal check or bank issued cashier’s check.

Funds should become available to complete Your order between five (5) and ten (10) business days from the day we receive Your personal check or bank issued cashier check. Additional order delay may occur for certain personal checks and bank issued cashier checks. Be sure to include Your FMRGOLD account and order number in the memo area of Your check.

*BANK WIRES You will receive an FMRGOLD order confirmation number after Your order has been placed, along with wiring instructions consisting of bank name, ABA routing number and account number. Be sure to include Your FMRGOLD account and order number in the memo area of Your bank wire.

CREDIT CARDS We are proud to accept Visa, MasterCard, American Express, and Discover credit cards. All credit card orders are reviewed for accuracy. All orders placed by credit card, will only be shipped to the credit card billing address. Please confirm the shipping address is the same as the mailing address associated with the credit card account when placing Your order.

INTERNATIONAL CURRENCIES We currently only accept payment in U.S. dollars (USD). FMRGOLD does not currently accept or ship orders for international delivery. Call the Service Department (713) 360-7588 for special consideration.

*Personal Check, bank issued Cashier’s Check, and Bank Wire payments require Your credit card details to verify Your identity and to enforce our Market Loss Policy, should You cancel Your order or fail to meet the terms of Your sales order confirmation.

SHIPPING INFORMATION

Orders placed Monday through Friday (excluding holidays) with Standard Shipping Method will be processed and shipped within 2-5 business days once payment has been received and verification has been obtained. Orders placed on Saturdays and Sundays will begin processing the following business day. All customers will receive a confirmation email with tracking information when the order has shipped. Orders are shipped by FMRGOLD, at our sole discretion, by either U.S. Mail, UPS, Federal Express or any other common carrier selected by FMRGOLD. Each shipment will be fully insured and as such may take between five (5) and ten (10) business days to ship. Shipping windows are estimates and delivery dates cannot always be guaranteed. The following shipping methods are in effect during this time:

• Standard: Will arrive in 3-5 business days after processing and shipping
• Two-Day: Will arrive in 2 business days after processing and shipping
• Next-Day: Will arrive the following business day after processing and shipping

ALL SHIPPING CHARGES ARE NON-REFUNDABLE. NO EXCEPTIONS.

For orders shipped directly to the customer, a signature is required for the delivery.

All customers will receive a confirmation email with tracking information when the order has been shipped. Shipping windows are estimates and delivery dates cannot always be guaranteed.

Multiple Shipping Addresses: At this time, we can only ship to one address per order.

P.O. Boxes: At this time, we do not ship to P.O. Boxes. Call FMRGOLD Service Department (713-360-7588) to ask for special consideration.

RETURN & EXCHANGE

If You are not completely satisfied with Your order, contact the FMRGOLD Service Department at (713) 360-7588 immediately or no later than three (3) days after you receive your order. FMRGOLD in its sole discretion may provide You with an opportunity to exchange a product for an identical product. Due to the nature of precious metal orders, each order will be handled individually. Do not ship Your item or items to FMRGOLD without first obtaining written authorization and shipping instructions.

Any items shipped to FMRGOLD without first obtaining written authorization of FMRGOLD will not be accepted. All items must remain in its original packaging, or it cannot be returned or exchanged. No exceptions.

In the event your product has a material defect FMRGOLD in its sole discretion may provide you with an opportunity to exchange a product for an identical product. You must contact the FMRGOLD Service Department at (713) 360-7588 immediately or no later than three (3) days after You receive Your order. Do not ship Your item or items to FMRGOLD without first obtaining written authorization and shipping instructions.

Any items shipped to FMRGOLD without first obtaining written authorization of FMRGOLD will not be accepted. All items must remain in its original packaging, or it cannot be returned or exchanged. No exceptions.

If FMRGOLD in its sole discretion issues a written Return Authorization and shipping instructions, You will be responsible for the cost of return shipping and insurance. You assume all risk of loss during any approved or unapproved return shipment to FMRGOLD. All Returns and Exchanges are subject to a 10% restocking fee.

If a return or exchange is approved by FMRGOLD at its sole discretion, allow up to 15 business days from when we receive Your return for your return to be processed. Business days are Monday-Friday except for federal holidays. Return processing begins after Your package is delivered to us.

Any Market Gain on refunds shall vest in and remain the property of FMRGOLD. Any items shipped to FMRGOLD without first obtaining written authorization of FMRGOLD will not be accepted.

For any inquiries concerning Return & Exchange policies, please contact the Service Department via email at Service@FMRgold.com or by phone (713) 360-7588 Monday – Friday, during normal business hours.

All items must remain in its original packaging, or it cannot be returned or exchanged. No exceptions.  

PRICES

The price for an item on the FMRGOLD Site may differ from the price shown in a user’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the FMRGOLD Site. If the price for the item on the FMRGOLD Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of FMRGOLD, FMRGOLD may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.

NO INVESTMENT ADVICE OR RECOMMENDATION

FMRGOLD, its parent company, subsidiaries, affiliates, this Site, contractors, and employees do not provide investment advice or recommendations with respect to the purchase, sale or other disposition of any regulated products, securities, or investments. All investments, including precious metals coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of FMRGOLD.

Before making any purchase of precious metal coin and bullion on this Site, prospective investors should seek advice from their personal financial, legal, tax and accounting advisors, and carefully consider the risks associated with such a financial decision based on their individual financial needs and circumstances.

Consult Your personal investment or financial advisor prior to purchasing or selling precious metals coins and bullion, and fully assess whether You possess adequate savings and income prior to considering such an investment. You represent and warrant to FMRGOLD that You have sufficient experience and knowledge to make informed financial decisions and that FMRGOLD is not making any recommendation with respect to purchases or sales of precious metals sold on this Site.  

FRAUD

FMRGOLD reserve the right at its sole discretion, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further clarification from You such as a telephone confirmation of Your order and other personal identification 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.

RELATIONSHIP

The sole relationship between You and FMRGOLD 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.

PROMOTIONS  

From time to time, FMRGOLD offers certain promotional discounts, gifts with purchase, buy-one get-one free events, and other promotions. FMRGOLD promotions are available while supplies last and may only be valid for a specified date and timeframe along with additional limitations and exclusions. In the event a promotion code is required, please present the code at checkout. 

Promotions may not be combined or applied to previous purchases, gift card purchases, sales tax, or shipping charges.

FMRGOLD reserves the right to alter or cancel any promotion without notice. If, in FMRGOLD’s sole discretion, a promotion is used incorrectly or being abused, FMRGOLD has the right to cancel any orders placed and ban the usage of any further promotional material by such user(s). Only one promotional code per order.

Any product purchased during a “Gift with Purchase” or “Buy One, Get One Free” promotion may be returned as detailed in our Return & Exchange section herein. Please include the gifted product with Your return, or Your refund will be adjusted to reflect the retail value of the gift. The gifted product cannot be returned by itself or exchanged.

TEXT MESSAGING

If You provide Your phone number to FMRGOLD, You agree to receive recurring automated and autodialed promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from FMRGOLD, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number You provided or any other number that You designate. Consent to receive automated marketing text messages is not a condition of any purchase.

If You need assistance or wish to opt-out from FMRGOLD text messages, reply HELP for help, reply STOP to cancel or opt-out. After texting HELP or STOP to our short code You may receive an additional message confirming that Your request has been processed. Message and Data rates may apply.

Message frequency will vary. FMRGOLD reserves the right to alter the frequency of messages sent at any time. FMRGOLD also reserves the right to change the short code or phone number from which messages are sent and we will notify You when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. FMRGOLD, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to most major mobile phone carriers.

Please review the Privacy Policy for more information on how we use the information You provide to us.

CONTENT YOU POST

We may provide opportunities for You to post text, photographs, videos, or other content (collectively, “Content”) on the Site(s) for use by FMRGOLD. You acknowledge and agree that You may only post Content if:

1. You are at least 18 years old.
2. You own all the rights to the Content and are authorized to assign any and all rights in the Content to FMRGOLD.
3. The Content does not infringe upon the rights of any third parties, including but not limited to copyright, trademark, trade secret, and publicity rights.
4. The Content does not violate these Terms and will not cause injury to any person or entity.
5. The Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers.
6. The Content does not contain any computer viruses, worms or other potentially damaging computer programs, files, or malware.
7. You did not receive any form of compensation or consideration by any third party to post the Content.
8. The Content is not or may not be reasonably considered to be false, inaccurate, misleading, defamatory, obscene, indecent, libelous, hateful, unlawfully threatening, unlawfully harassing to any individual or entity, offensive, or otherwise deemed unlawful or inappropriate in FMRGOLD’s sole discretion; and
9. You agree to comply with any other requirement as may be provided to You by FMRGOLD.

Any Content that You submit may be used at FMRGOLD’s sole discretion. FMRGOLD reserves the right to accept, reject, remove, refuse, change, condense or delete any Content submitted in its sole discretion and for any reason whatsoever. You will not be able to edit or delete any Content You have submitted. You acknowledge that You, not FMRGOLD, are responsible for the Content You submit. None of the Content that You submit shall be subject to any obligation of confidence on the part of FMRGOLD, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, and employees. If we accept Your Content and include it on the Sites, in any event, promotion, program or for any other purpose, we cannot remove it later and You may not request that it be removed.

By uploading, submitting, or otherwise posting Your Content, You grant FMRGOLD, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your Content as-is or as-edited (with or without using Your name, social media handle or pseudonym) in any form or media throughout the world for any purpose, in perpetuity, without limitation, and without additional review, compensation, or approval from You. This license continues even if You stop using our Sites.

You further agree to defend, indemnify, release, and hold FMRGOLD harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of or related to FMRGOLD’s use of Your Content, including, but not limited to, any claim that the use of Your Content violates or infringes upon the rights of any third party.

CONTENT POSTED BY OTHERS

FMRGOLD is not responsible for and do not endorse Content posted by any other visitor to the Sites. Accordingly, we may not be held liable, directly, or indirectly, for any loss or damage caused to You in connection with any Content posted by another person.

YOUR USE OF THE SITES

You agree not to use the Sites in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we in our sole discretion determine that You have acted inappropriately, we reserve the right to take down Content, terminate Your account, prohibit You from using the Sites, and take appropriate legal actions.

You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our Sites does not afford You any rights to the content You access. You may not use, copy, edit or distribute content from our Sites unless You obtain prior written approval from us or any third-party owner, or unless You are otherwise permitted by law.

NON-CONFIDENTIAL INFORMATION

We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas You send us or post on the Sites, by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by FMRGOLD for any purpose whatsoever.

INTELLECTUAL PROPERTY

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of FMRGOLD and/or third parties who have authorized their use, and all materials on the Sites are protected by copyright and other intellectual property rights, including but not limited to the photographs and designs and the Sites, except where explicitly noted otherwise (collectively “Intellectual Property”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, create derivates of or modify the Intellectual Property in any way. We will enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution, if necessary.

You are prohibited from infringing or otherwise violating FMRGOLD’s rights, including but not limited to FMRGOLD’s Intellectual Property. You acknowledge and agree that using our Sites does not afford You any rights to the content You access. You may not use, copy, edit or distribute content from our Sites unless You obtain prior written approval from us or any third-party owner, or unless You are otherwise permitted by law.

COPYRIGHT PROTECTION

If You believe any Content on the Sites infringes Your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”):

• Identification of the copyrighted work that You believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that You believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that You have supplied is accurate, and indicating that “under penalty of perjury”, You are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail:

• By mail: 1415 S. Voss STE 100-150, Houston, Texas 77057-2611 Attention: Copyright Agent
• By e-mail: Service@FMRGOLD.COM   Attention: Copyright Agent

Once the Designated Agent receives a notification as set forth above, it is FMRGOLD’s policy to: (a) review the request; (b) remove or disable access to the infringing Content; (c) notify the provider of the Content that it has removed or disabled access to such Content; and (d) terminate repeat infringers’ access to the Sites.

If You receive a notification of alleged copyright infringement and believe that the claim is erroneous, You may submit a counter-notification to FMRGOLD’s Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:

• Identification of the material that has been removed or disabled and its location (e.g., URL).
• Your name, address, telephone number, and e-mail address.
• A statement “under penalty of perjury” that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Your signature or the electronic equivalent.

Upon receipt of a counter-notification in accordance with the above, FMRGOLD shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform FMRGOLD that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If FMRGOLD receives such notification within ten (10) business days, FMRGOLD shall not replace the removed Content or cease disabling access to it. If FMRGOLD does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then FMRGOLD shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the Digital Millennium Copyright Act ( DMCA) and other applicable law, it is FMRGOLD’s policy, in appropriate circumstances and in its sole discretion, to terminate access to the Sites of any user that FMRGOLD finds to be a repeat infringer. FMRGOLD reserves the right to define the criteria by which FMRGOLD will determine that a user is a “repeat infringer.”

If You believe that a user is a repeat infringer, please follow the instructions above to contact FMRGOLD Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

MODIFICATION AND TERMINATION

We reserve the right to modify or discontinue the Sites at any time, with or without notice to You. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If You don’t like any changes, you can stop using the Sites at any time. You agree that FMRGOLD shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Sites. You acknowledge that FMRGOLD reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by FMRGOLD.

SOCIAL NETWORKS

The Sites may include features that operate in conjunction with certain third-party social networking websites that You visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While Your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that Your use of those sites complies with any applicable terms of service or other agreements.

FORCE MAJEURE

You acknowledge and understand if FMRGOLD and/or the Site(s) are unable to provide the products and/or services as a result of a force majeure event, FMRGOLD and/or the Site(s) 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 FMRGOLD and/or the Site(s). FMRGOLD 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.

 OUR WARRANTIES AND DISCLAIMERS

We provide and operate the Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS; FMRGOLD DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIABILITY FOR OUR SERVICES

EXCEPT WHERE PROHIBITED, FMRGOLD SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF FMRGOLD HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

GOVERNING LAW

Except as set forth elsewhere in this Agreement, this Agreement is the entire relationship between You and FMRGOLD, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement shall be controlled and governed by, and enforced in accordance with, the applicable laws of the United States of America and the State of Texas, including laws in the State of Texas relating to the statute of limitations, without regard to the State of Texas conflicts of law provisions.

DISPUTES

You and FMRGOLD agree that any dispute arising out of or in any way related to the Site(s), FMRGOLD products, or the services provided by FMRGOLD or its affiliates whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND FMRGOLD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in Harris County, Texas. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if You and FMRGOLD agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

ADDITIONAL DETAILS DRAFT EDITED 7/18/2022

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, You indicate Your agreement to the revised Terms. If You do not agree to the changes, you should stop using or logging in to the Sites and refrain from any services provided by or at the request of FMRGOLD.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. FMRGOLD does not control or endorse any products being advertised.

When You use the Sites or send communications to FMRGOLD through the Sites, you are communicating with us electronically. Similarly, You consent to receive communications related to Your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to You electronically satisfy any legal requirement that such communications be in writing. All notices from FMRGOLD to You shall be deemed delivered and effective when sent to the e-mail address You provide to us.

If You do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we do not give up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Except as provided in Section 22 (Social Networks), You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and/or Your use of the Sites resides in the courts located in Houston, Texas, and You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

CUSTOMER SERVICE

For any inquiries, please contact the Service Department via email at Service@FMRGOLD.com or by phone (713)-360-7588 Monday – Friday 9am – 5pm CT.

 SCRATCH PAPER & NOTES

PLEASE NOTE THAT SECTION 22 (SOCIAL NETWORKS) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND FMRGOLD MAY BE RESOLVED.