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Legal Disclosures and Service, Use, and Transaction Terms


GENERAL

Welcome to MoneyMetals.com (the “Website”), operated by Money Metals Exchange (“Money Metals”) and our affiliates. By using the Website or engaging in transactions with Money Metals, you acknowledge that you have read and agree to be bound by these Service, Use, and Transaction Terms (“Terms”) and by our Privacy Policy (see below), which is incorporated herein by reference. If you do not agree to the terms or the Privacy Policy set forth herein, you may not use the Website or engage in transactions with Money Metals. These disclosures and Terms are subject to change at any time without notice and it is your responsibility to review them regularly to ensure that you are aware of any changes.

MARKET AND INVESTMENT RISK

Neither Money Metals Exchange nor any Money Metals staff member serves nor is anyone at Money Metals permitted or authorized to serve as your personal investment advisor or to provide investment advice about securities or any other regulated financial instrument to you. We provide no advice about nor do we recommend the purchase or sale of any security, whether listed on any exchange or otherwise specifically or generally. In reading these disclosures and doing business with us, you acknowledge that precious metals markets have inherent risks, are volatile, and are affected by economic conditions, political events, speculative activities and more. There is no guarantee of future profits or that any precious metal will retain its purchase value. You are responsible for your decisions to buy or sell precious metals products and they should be made in consultation with your own advisors. By purchasing or selling precious metals products through Money Metals, you acknowledge that we are not responsible for any losses caused by your decisions nor do we have any claim to any market gains you may enjoy. This Website is provided “as is” and we disclaim any and all warranties (express or implied) and any and all responsibility or liability for the accuracy, legality, reliability, or availability of any content on the Website.

PUBLISHING ACTIVITIES

All commentary and analysis contained within Money Metals' emails, publications, podcasts, and Website are provided for general educational purposes only. In no event is this information tailored to the specific needs of any person or group, and it does not constitute investment advice.

RETURNS AND REFUNDS

Your satisfaction of product quality is guaranteed on all orders. If you are not satisfied, you have three (3) days after receipt of shipment to notify our customer service team at 1-800-800-1865 of your dissatisfaction. The decision to refund or replace your item will be at the sole discretion of Money Metals Exchange. Original shipping and handling charges are non-refundable. Should you return any item to us, you may be required to pay the return shipping and product value losses, if any, in our discretion. Orders may also be subject to a 5% restocking fee. All items returned must be shipped in our original packaging. In the case of a request for an exchange, Money Metals Exchange expressly reserves the right, in our sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable.

NON-CANCELABLE ORDERS 

You may not cancel any order once you place it with us. If you fail to follow through with timely payment on an order, you are responsible to us for any monetary damages (including, but not limited to, market losses and collection fees). By placing an order with us, you are liable for any and all losses in value of the items you ordered. Items you purchase will generally be shipped to you via common carrier within three (3) business days of your cleared payment (and upon full satisfaction of all amounts you owe to Money Metals) and should only take a few days to arrive. If an order is expected to take longer to ship, we will advise you when the order is placed. Should you waive any security and/or signature procedures or your failure to claim a package in a timely manner may serve as a basis for denial of coverage.

We reserve the right to refuse, void, or liquidate orders (at any time and without notice) from you if you fail -- or have previously failed -- to honor your commitments, violate our policies, who attempt to circumvent our promotional conditions, or where we detect potentially fraudulent or money laundering activity. To further protect against fraud and breach of contract, be advised that your phone transactions may be recorded and you consent to such recording as a condition of doing business with Money Metals Exchange.

DELIVERY INSURANCE AND YOUR OBLIGATIONS

You must provide an accurate, current shipping address and be able to be physically present at that address when your shipment is scheduled to be delivered. In the rare event of a lost or stolen shipment, you must fully cooperate with any investigation we, law enforcement, postal authorities and insurance adjusters may conduct. In such event, you agree to sign a sworn affidavit stating the circumstances surrounding the damaged/lost merchandise. We carry shipping insurance through a 3rd party insurance provider. (For security and privacy purposes, we do not purchase insurance directly from the carrier.) Money Metals has sole discretion in determining whether to cover a lost shipment. 

If a package is lost in transit, it is your responsibility to notify Money Metals of this within seven (7) days of the last in-transit tracking scan. While Money Metals will work to locate the package, we will not be liable for packages lost in transit when you did not notify us of a problem within seven (7) days of the last in-transit tracking scan. Moreover, we will not cover a loss where you do not notify us of a delivery problem within two (2) business days of a tracked delivery date -- or where you have left instructions with any carrier or delivery service to leave packages unattended for you, deliver to a different address, or deliver without following the direct signature procedure. This includes, but is not limited to, a building manager, neighbor, a business mailroom, or a drop-off location such as Mail Boxes, etc. and The UPS Store. (Please note that under Covid "contactless" signature-confirmed delivery procedures, carriers make direct contact with you but may sign for the package on your behalf to confirm delivery.)

In the rare event the carrier (USPS, UPS, or Fed Ex, etc.) attempts to deliver a damaged package to you, you should refuse to accept delivery of the shipment to help ensure insurance coverage remains in effect.

Should a package be returned to us after a failed delivery (or pickup) attempt, and you are unable or unwilling to make new delivery arrangements, we reserve the right after thirty (30) days to liquidate the items on the order for the original purchase price or current market value, whichever is less. Funds will be held pending instructions on where to deliver them. Alternatively, we may place unclaimed metals into an account we create for you at Money Metals Depository and store them at your expense.

SALES TAXES

Money Metals is a small Idaho business, and, in some cases, we do not have an obligation (and/or ability) to calculate, collect, and remit such taxes on goods delivered into certain states.  When you are in the order checkout process, we calculate, assess, and disclose sales taxes Money Metals is actually required to collect from you. Fortunately, 42 states have full or partial exemptions from sales and use taxes on gold, silver, and other precious metals. Even where we have not collected sales taxes, a use tax on customers' precious metals may still be imposed by states that have not yet enacted an exemption. If your state happens to impose a tax on any of the items you purchased -- precious metals or otherwise -- and we have not withheld such taxes, be advised that it is your obligation to pay directly to your state the applicable taxes you may owe.

To learn whether your state imposes a sales or use tax on precious metals, please visit this page. The laws of each state and locality differ, and sales and/or use tax applicability may vary as to your cart total and/or with respect to each individual precious metal, coin, bar, round, accessory, or other item you purchased. Unfortunately, this is a complicated area, so it is important to consult with your own tax professional if you are unclear on what tax obligations you may have.

SPECIAL NOTICE REGARDING GOLD AND SILVER ROUNDS

If your order includes any gold or silver rounds, for the avoidance of all doubt, please be advised that "rounds" are not legal tender "coins," are not (and do not purport to be) numismatic items, and are not minted by any government. Rather, they are low-cost, privately minted products that are valued primarily for their precious metals content. Furthermore, no items available for sale by Money Metals Exchange are imitation numismatic items, replicas, or copies of government-minted coins.

SELLING TO MONEY METALS EXCHANGE

If you have sold items to Money Metals Exchange, make sure to package your shipment securely. Use good condition boxes and fill all voids completely in the box interior. Tape plastic coin tubes securely closed and seal the box with plenty of packing tape. Shipments over five (5) pounds should be double boxed. View our short video demonstration of proper boxing methods here.  You should enclose your purchase order with your shipment soour staff can determine which client shipped the metal.

Unless explicitly agreed to by us otherwise, the price shown on your purchase order is for product in good, marketable condition. If the condition of your items is such that Money Metals Exchange, in its sole discretion, believes it cannot re-market the item(s) in the condition received, we may adjust your price lower, or, alternatively, we may return them to you at your expense, including payment for any applicable market losses Money Metals Exchange may have incurred. You must ship the metals within two (2) business days (unless the shipment has already been made or Money Metals Exchange already has possession of your metals). You are responsible for insuring the shipment for its full value. We highly recommend shipping via the US Postal Service, because USPS is currently the only carrier that will provide insurance for precious metals. Money Metals Exchange strives to issue payment within three (3) business days of receipt of the metals, unless otherwise agreed.

If you send items to Money Metals Exchange and Money Metals Depository, you are responsible for delivering genuine precious metal coins, rounds, and bars.  You may seek the return (at your expense) of counterfeit and replica items shipped by accident to our facility.  However, if items are not returned, you consent in advance that Money Metals may destroy the items. If there are market losses because you did not deliver genuine precious metals to us as agreed, Money Metals may pursue collection against you. (Be advised that deliberate attempts to pass counterfeit items may result in civil or criminal complaints as well as impounding of the counterfeit items.)  

TRANSPARENCY IN PRICING

Money Metals Exchange believes that informed customers make better, happier customers, and we therefore strive to make pricing of our products transparent. We publish live spot prices around the clock and work to make information about premiums and discounts vis-a-vis the spot price accessible and understandable. The way we do this is by publishing spot prices, premiums, weight, purity, and current buyback prices on product pages with rare exceptions.* The spot market price of the underlying metals at the time of your order is also printed on your invoice. With the exception of the small number of numismatic coins, proof coins, and specialty items offered by Money Metals Exchange, precious metals products we sell are closely tied to the underlying metals price, with market-based premiums typically ranging from 2% to 20% over the spot price of gold and 4% to 40% over the spot price of other precious metals. Premiums do not represent Money Metals' gross profit on a transaction, as they generally include costs connected with minting, wholesalers, shipping, and logistics as well as other market factors.

PRICING ERRORS

Money Metals Exchange prides itself in providing the most up-to-date market pricing derived from a live global feed from a well-established service. Occasionally, we do make mistakes and there may be a typographical or electronic pricing error. Under these rare circumstances, Money Metals retains the right to cancel, modify, or refund an order.

PRIVACY POLICY

Privacy is important to us. Please review our Privacy Policy. Your use of this Website constitutes acceptance of our Privacy Policy.

ELECTRONIC COMMUNICATIONS

By using this Website, you are communicating with us electronically and consent to receive communications from us electronically. You agree that all electronic communications – including notices, disclosures, cancellations, and policies – satisfies any legal requirements that such communications be in writing.

COPYRIGHT AND TRADEMARKS

Intellectual property rights in any and all content that appears on the Website, including, but not limited to, copyright, trademark, patent, trade dress, trade secret, know how, and proprietary information, such content including, but not limited to information, articles, graphics, images, video, audio, logos, slogans, text, data, and photographs (“Content”) are the property of Money Metals. By using the Website, you agree not to use or exploit any Website Content without the express prior written permission of Money Metals Exchange.

YOUR ACCOUNT

It is your responsibility to maintain the confidentiality of your account (including username and password) and to restrict access to any computer or other electronic device you use to access your account or complete a transaction. We provide you the option of enabling two-factor authentication on your account login and recommend its use. By using our site, you accept full responsibility for any activity that occurs in your account and expressly release Money Metals from any liability therefor.

REVIEWS AND COMMENTS

User reviews and comments are the opinion of others and are not the opinion of Money Metals Exchange. Although Money Metals endeavors to remove false or defamatory comments, Money Metals is not responsible for the opinions of other users.

LINKS TO THIRD PARTY WEBSITES AND CONTENT

This Website may include links to third-party websites or services. Money Metals Exchange does not review such links nor does their presence on the Website constitute any endorsement thereof by us. By using the Website, you acknowledge that we are not liable for any third-party content, products, or services, nor for the privacy practices of such websites.

NOT A REGULATED TRADING EXCHANGE, NO USE OF LEVERAGE

Money Metals is a retail dealer of physical precious metals that buys from and sells to the public. All precious metals transactions are conducted on a principal-to-principal, fully paid basis, i.e., we do not offer or sell any precious metals products on a leveraged or margin basis. Upon receipt of cleared funds for the full amount owed (including full satisfaction of invoiced and/or scheduled shipping costs, prior balances you owe, and other applicable fees), orders are promptly delivered to you directly or into a storage account you designate that is under your control. Money Metals' business activities are not governed by state and federal laws governing futures transactions, such as those laws administered by the Commodity Futures Trading Commission (CFTC). Money Metals' products are not considered "securities" subject to regulation by the Securities and Exchange Commission (SEC) or states, and neither Money Metals nor anyone associated with us will act, nor are they authorized to act, as your investment advisor or to provide investment advice to you. Money Metals is not a trading exchange as defined by the CFTC, the SEC, or states. Money Metals is a bonded, registered dealer (#68849) under Minnesota's novel bullion dealer law.

MONEY METALS DEPOSITORY AND RELATED DISCLOSURES

Money Metals Exchange LLC, Money Metals Depository LLC, and Money Metals Capital Group LLC (“the Companies”) maintain robust internal procedures and controls, including anti-money laundering and fraud detection programs as required under the Bank Secrecy Act. Our precious metals storage activities are not formally regulated by any state or federal agencies nor are customers’ precious metals covered by any state or federal insurance program if losses in value occur. Instead, we maintain robust, privately funded insurance that does not rely on taxpayer-funded bailouts or guarantees.

As a national dealer, Money Metals Exchange buys and sells gold, silver, platinum, palladium, rhodium, and copper in transactions with members of the public and dealers across the United States. Transactions are conducted on a fully paid, cash basis, and delivery of the metals occurs quickly upon settlement. We do not provide foreign exchange services, leveraged trading products, or futures nor do we engage in any leveraged or margin transactions with, or on behalf of, any customer.

Money Metals Capital Group provides revolving lines of credit to borrowers who tender their precious metals to us as collateral. Money Metals Depository (“the Depository”) provides storage services for customers wishing the Depository to hold their valuables in a highly secure way.

The Companies maintain an insurance policy underwritten by Certain Underwriters at Lloyd’s of London and StarNet Insurance Company covering All Risks of physical loss and/or physical damage to all stock of whatsoever nature involved in the conduct of the Companies’ businesses including, but not limited to, precious metals and semi-precious metals of every description and in whatsoever state, including mysterious disappearance and/or unexplained loss and shortage, employee dishonesty and theft, third-party dishonesty and/or theft, loss or damage from fire, flood, or other natural disaster. Loss from acts of war, terrorism, radioactive contamination, and chemical, biological, biochemical, and electromagnetic weapons are excluded.

The Depository operates a large UL Class 3 vault in Eagle, Idaho. (Class 3 construction is the highest possible security rating by Underwriter’s Laboratory.) The facility utilizes multiple perimeters of electronic and physical security (including, but not limited to, armed security), video surveillance, and redundant systems. Employee background checks, access controls, dual-control procedures, double-blind counts, reconciliations, routine internal audits, and annual independent audits are hallmarks of operating procedures. 

All movements of high value items are documented and tracked. The Depository offers only physically segregated storage of customer property at its Idaho facility. The Depository also offers physically segregated or allocated storage arrangements at well-established and insured third-party Class 3 vaults, including depositories in Massachusetts, Delaware, and the Cayman Islands. The Depository does not offer any unallocated storage methods, including through its depository partners.

Neither the Companies nor any of their principals have been party or subject to any liens, bankruptcies, judgments, litigation, prosecution, or regulatory action involving financial or commodity statutes, rules, or regulations.

CERTIFICATION OF AML PROGRAM / SUPPLY CHAIN POLICY

The United States has enacted the Bank Secrecy Act with the goal of deterring and detecting money laundering and the financing of terrorism. All precious metal dealers and pawn shops doing business in the United States that both buy and sell more than $50,000 in qualifying metals, stones, and/or jewels per year are required to maintain an Anti-Money-Laundering (AML) program. By selling precious metals to Money Metals Exchange, you certify you either (i) have a written AML program that complies with then Bank Secrecy Act; or (ii) you are exempt from coverage under the Act under the retail, industrial, or other exemption specified in the Interim Final Rule for Dealers in Precious Metals, Stones, or Jewels 31 CFR § 1027.100 or pursuant to an administrative exemption granted by the Financial Crimes Enforcement Network.

Furthermore, as a condition of selling precious metals to Money Metals Exchange, you agree that any precious metals sold did not originate from one of the countries defined in 17 CFR §§ 240 and 249b as “Covered Countries.” Money Metals Exchange will immediately terminate or suspend a person or business if we become aware of upstream suppliers identified as a likely risk of having sourced from such countries.

DIGITAL MILLENNIUM COPYRIGHT ACT

Money Metals Exchange complies with the United States Digital Millennium Copyright Act (“DMCA”). Upon receiving proper notification of copyright infringement by any material on the Website, Money Metals will remove the identified copyrighted material. Money Metals' designated contact and agent for such notifications is Doug Shockley. He can be reached through this form.

APPROPRIATE USER CONDUCT AND USE

You may not use the Website for any illegal, infringing, abusive, or unauthorized purpose and must at all times comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Internet use and conduct.

LIABILITY LIMITATION

YOU AGREE THAT NEITHER MONEY METALS EXCHANGE NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR THE GOODS AND SERVICES PROVIDED.

Neither Money Metals Exchange nor any of our affiliates shall be liable to any other party for any failure to perform any obligation, failure to perform under an contract or other agreement, or due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made occurrence outside of our control that causes the termination of such contract or other agreement entered into or that could have been reasonably foreseen.

GOVERNING LAW AND ATTORNEY’S FEES

These Terms shall be governed by the laws of the State of Idaho. Any disputes arising under or related to these Terms or the Website shall be litigated or heard in the state or federal courts of Idaho, and you consent to the exclusive jurisdiction of such courts. Should you bring an action against us in another jurisdiction and we prevail in removing such action to the proper venue, you agree to pay our reasonable attorneys’ fees, costs, and expenses.

FOOTNOTES

*There are a relatively small number of products where we do not, or cannot, break out the actual premium over spot. In general, this may occur when our pricing is not directly connected to the spot price and is fixed instead. Or it is a higher premium item that is not a core offering of Money Metals.

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