USER AGREEMENT

Last modified as of 3/31/2023.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE IN PARAGRAPH 28 THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN PARAGRAPH 28, YOU AGREE THAT DISPUTES WITH EXODUS BULLION WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF PARAGRAPH 28 AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND.

User’s Acknowledgment and Acceptance of Terms and Conditions

The ExodusBullion.com website and its associated services and content (collectively, the “Website”) is owned and operated by Exodus Bullion, LLC. (“Exodus Bullion,” “our,” “we,” or “us”).  By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”).  This Agreement is made by and between Exodus Bullion and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”).  This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Exodus Bullion, making sales to Exodus Bullion, and placing orders with Exodus Bullion .  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE.  BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. EXODUS BULLION STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME.  YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU.  YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

By purchasing from, making sales to or ordering from Exodus Bullion, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Please direct any legal questions regarding this Agreement to:

Exodus Bullion, LLC

Attn:  Legal Department

9344 Gosler Rd.

Sealy, Tx, 77474

sales@exodusbullion.com

1. About the Website

Exodus Bullion provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone.  Exodus Bullion provides high quality products to its customers by working closely with mints and distributors.

The Website and related content on the Website should not be considered complete or up to date.  Your reliance upon any information provided by Exodus Bullion, Exodus Bullion’s contractors and employees, others appearing on the Website at invitation by Exodus Bullion, or other visitors or users of this Website, is solely at your own risk.  You understand that Exodus Bullion is not obligated to provide any maintenance, technical or other support for the Website.

2. Ownership of Website and License

You acknowledge and agree that Exodus Bullion is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Exodus Bullion.

Exodus Bullion hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.

Absent prior written permission from Exodus Bullion, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Exodus Bullion.

3. Trademarks

All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners.  Specifically, all Exodus Bullion marks are the property of Exodus Bullion, including, but not limited to Exodus Bullion, LLC, and all Exodus Bullion logos.  The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Exodus Bullion. You are prohibited from using Exodus Bullion’s logo, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Exodus Bullion.

4. Account Registration

Account registration and use of the Website is free.  You may search, view, purchase, and sell products from this Website as a guest, without registering for an account.  If you choose to register an account and create a User Profile, complete the required information.  When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications.  You may opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code.  We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.  Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.  In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.

You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise 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 Website.  Exodus Bullion reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account and all associated User Profiles.  You accept full responsibility for all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact Exodus Bullion immediately.  You agree to hold harmless and indemnify Exodus Bullion for any damages that arise out of, or in relationship to, the use of your Account.

5. Order Policies and Procedures

By creating an Account, you agree that Exodus Bullion, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.

You may make purchases, sell to, and order from Exodus Bullion only in accordance with this Agreement and accompanying policies and procedures.  Upon placing an order to purchase or sell with Exodus Bullion, you have entered into a binding and legally enforceable agreement.  Prices and availability are subject to change without notice.

When placing an order on the Website, the price at which your order is paid is the guaranteed price.  An “order number” will subsequently be forwarded to you via email if order online. Over the phone, or in person an invoice will be issued. Once the invoice is paid your price is then guaranteed. Invoices are only good for 4 hours.  Your credit card information is required to guarantee all orders.  In order to reserve your guaranteed price, your payment must be received by Exodus Bullion within 4 hours for bank wire orders.  All check orders must be provided in person or online to complete payment.  If a check payment is not received in its entirety within 4 hours of the original order date, or a bank wire order is not received in its entirety within 4 hours of the original order date, any market losses between the order time and time of non-payment will be assessed.

A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check).  In most cases, orders will be denied if payment is completed after the allotted time frame.  If any order is in error due to Exodus Bullion’s fault or otherwise, we reserve the right to cancel the order.

6. Buy Back (Sell to Us) Program

When selling to Exodus Bullion through the Buy Back Program, Exodus Bullion’s discretion to purchase or not is always in force.  Most Buy Back prices will be locked in up front when the product is collected.  Buy Back prices are calculated based upon the customer’s good faith representation of the product and the current Spot Prices.   However, Exodus Bullion reserves the right to require product receipt prior to locking in all Buy Back prices.  Upon receipt of the products, Exodus Bullion will inspect the products for authenticity, quantity, and condition.  If the products are not true to the customer’s initial representations, Exodus Bullion reserves the right to make a revised offer or reject the transaction at its discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer. As a general policy, the Buy Back may not be cancelled but may be offset at Exodus Bullion ’s current purchase price.

Customers are responsible for all costs related to shipping Buy Back products to Exodus Bullion.  All products must be received by Exodus Bullion within 2 business days, or you will be charged any Market Losses.  If Exodus Bullion does not receive the product within 2 business days and the delay is attributable to the carrier, Exodus Bullion may extend the deadline, in its sole and absolute discretion.  Customers are solely responsible for the Buy Back products they ship to Exodus Bullion up until Exodus Bullion confirms receipt of such products.  Exodus Bullion is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from Exodus Bullion. Packages that arrive damaged to our facility will be rejected.

Without limiting any other legal or equitable rights and remedies that may be available to Exodus Bullion, in the event of any failure by you to comply with this Agreement, Exodus Bullion may suspend or terminate your account.  The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.

Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.

7. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.  We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud.  If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation.  We fully reserve the right to cooperate with authorities to prosecute offenders of the law.

8. Payment Options

Exodus Bullion requires all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, ACH/eCheck, or money order Exodus Bullion does not accept international payments, credit card convenience checks or any third-party checks. Depending upon the amount of an order Exodus Bullion reserves the right to request additional documentation for certain orders.  Exodus Bullion also reserves the right to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Exodus Bullion to authorize and capture your credit card payment prior to shipment.

Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Authroize.Net. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through Exodus Bullion’s third-party payment processors. This temporary charge will be voided. Exodus Bullion will not be held liable for any overdraws that may occur because of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.  You understand and agree that Exodus Bullion will not be held liable for any user’s failure to complete a transaction entered through the Website.

Exodus Bullion expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

In the instance of an insufficient funds paper check payment, Exodus Bullion reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.

9. Payment Instructions

Exodus Bullion will issue payment instructions to you during the ordering process and via email following completion of your order.  Exodus Bullion does not accept Cash on Delivery orders.  Exodus Bullion reserves the right to cancel orders where payment is not dated within 4 hours for bank wire orders or day of paper check orders.

10. Cancellation Policy

Once you have placed an order with Exodus Bullion you have entered into a binding legal agreement and you may not cancel the order.  Cancelled orders due to nonpayment are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee.  In the event of a cancelled order, you expressly authorize Exodus Bullion to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price.  Alternatively, in the event your credit or debit card is denied, Exodus Bullion reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within 4 hours.  Future orders are not permitted unless and until any cancellation and other related fees are paid in full.  All market gains on cancellations shall belong solely to Exodus Bullion.

For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After Exodus Bullion has shipped the product, the order is final and cannot be canceled.  If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. Exodus Bullion reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Exodus Bullion deems questionable or suspicious, for orders Exodus Bullion deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Exodus Bullion does not receive payment within the allotted timeframe.

Exodus Bullion is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, Exodus Bullion will contact you directly with notification of the cancellation.

In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, Exodus Bullion may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $25.00 charge will be charged to the customer’s credit card on file.

11. Return Policy

Exodus Bullion excepts no return, refunds, are exchanges. All sales are final. In the rare unforeseen event of a return, refund or exchanges is subject to Exodus Bullion’s Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to Exodus Bullion.

12. Exodus Bullion Market Loss Policy

Upon issuance of an order number or invoice following a purchase from Exodus Bullion, the price is guaranteed, and you may not cancel the transaction.  The transaction may only be offset at Exodus Bullion’s current asking price.  If your item is cancelled, you are responsible for any deficit between the price at which Exodus Bullion sold the item to you and the offsetting purchase price.  As set forth above, all cancellations are subject to our Market Loss Policy.  Market gains on cancellations or returns shall remain the property of Exodus Bullion. Furthermore and to the extent Exodus Bullion does not have any of your funds in its possession, Exodus Bullion reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Exodus Bullion.

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

13. Shipment

Once your order ships, you will receive a Shipped email with a tracking number. Note that it in some cases it may take 24-48 hours for tracking to begin.

Exodus Bullion fully insures all its shipments to normal address. PO BOX are subject to change. In the event a package over $10,000 is going to a PO BOX it will not be insured. Also, insurance on orders going to PO BOXES last only until the order is received and signed for by USPS. All other packages over $1,000 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this Section 13. However, once a package is shown to be delivered by the carrier, Exodus Bullion’s 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, Exodus Bullion is 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 Exodus Bullion 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 Exodus Bullion within two (2) calendar days of recorded delivery, else Exodus Bullion may deny any claim.

Lost in Transit – Lost in Transit is defined for the USPS as tracking not having updated in 5 or more calendar days. For UPS, it is 3 calendar days. You must contact us within 7 days of most recent tracking for USPS and 3 days of most recent tracking for UPS. If you do not contact us by these timeframes, insurance will not cover the package.

Missing or Damaged Contents – This is defined as packages that arrive to you with missing items, wrong items, or damaged items. You must notify us with 48 hours of the delivery timestamp on the tracking. Failure to do so will result in loss of insurance coverage.

For any of these issues, Exodus Bullion assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.

14. Free Shipping

Free Shipping: Any free shipping offered on our website will not be applicable for any freight orders which would include, but not limited to bulk copper, gold, or silver by the ton.

 

15. User Generated Content

Exodus Bullion may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews.  Except as otherwise licensed herein, you own all rights in and to your User Generated Content.  User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.  User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website.  You expressly acknowledge, however, that Exodus Bullion does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant Exodus Bullion a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree you are solely responsible for any User Generated Content you submit to the Website.  Exodus Bullion acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.  Exodus Bullion does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

Exodus Bullion reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms and conditions of this Agreement.  Exodus Bullion also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this Agreement, or for no reason, and without prior notice.

16. Termination

Either Exodus Bullion or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party.  The termination of this Agreement shall not affect the rights and the obligations of Exodus Bullion or you with respect to the period prior to the date of termination.  In addition, failure to timely make payments to Exodus Bullion will result in termination of services as deemed appropriate by Exodus Bullion.

17. Section 230 of the Communications Decency Act

You acknowledge and agree that Exodus Bullion is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Exodus Bullion may edit, remove, or control the content displayed through the Website, you agree that Exodus Bullion will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Overall, the Website may contain links to third party websites, applications, or services that Exodus Bullion does not own or control. You agree that Exodus Bullion will not be held responsible or liable for the content of third-party websites, applications, or services.

The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Exodus Bullion .

18. Disclaimers, Exclusions and Limitations

CAUTION:  All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Exodus Bullion.  You, and not Exodus Bullion, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all.  Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment.  You represent and warrant to Exodus Bullion that you have sufficient experience and knowledge to make informed financial decisions and that Exodus Bullion  is not making any recommendation with respect to such purchases and/or such sales.

19. Disclaimer of Warranties

EXODUS BULLION PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXODUS BULLION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.  EXODUS BULLION MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXODUS BULLION WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. EXODUS BULLION IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. EXODUS BULLION RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

EXODUS BULLION WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT EXODUS BULLION ’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT.  THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF EXODUS BULLION ’S CONTROL.

PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXODUS BULLION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

20. Limitation of Liability

EXODUS BULLION SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE EXODUS BULLION  ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE EXODUS BULLION  ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. EXODUS BULLION SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, EXODUS BULLION SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND EXODUS BULLION ’S REASONABLE CONTROL. EXODUS BULLION SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE EXODUS BULLION  ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. EXODUS BULLION IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

21. Indemnity and Release

You agree to defend, indemnify and hold Exodus Bullion  and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Exodus Bullion , or (g) your failure to perform your obligations hereunder.  If you are obligated to provide indemnification pursuant to this provision, Exodus Bullion may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense.  Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Exodus Bullion ’s consent.

You are hereby agreeing to release Exodus Bullion  and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

22. Relationship

The sole relationship between you and Exodus Bullion is that of purchaser-seller.  No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

23. No Waiver

Upon your failure to comply with your duties and obligations to Exodus Bullion, the latter reserves all rights and remedies available at law or in equity.  No delay or failure on the part of Exodus Bullion in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy.  In addition, no partial exercise by Exodus Bullion of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.  In the event you fail to comply with this Agreement, you expressly authorize and grant to Exodus Bullion  the right to charge your credit card for any and all market losses incurred by Exodus Bullion , including, without limitation, administrative fees for accepting your orders to either buy from or sell to Exodus Bullion  as a result of price and market fluctuations for which you did not fulfill.

24. No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Exodus Bullion .  Such consent may be granted or withheld by Exodus Bullion at its sole and absolute discretion.  This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Exodus Bullion .

25. Force Majeure

You acknowledge and understand if Exodus Bullion and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Exodus Bullion and/or the Website will not be in breach of any of its obligations to you under this Agreement.  A force majeure event means any event beyond the control of Exodus Bullion and/or the Website.  EXODUS BULLION SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

26. Warranties, Representations, and Restrictions of Website Use

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review.  Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.

You warrant and represent that any and all information you provide to Exodus Bullion and the Website is accurate and valid.  You agree to comply in good faith with the terms and conditions of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website.  You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law.  The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement.  You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.

In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Exodus Bullion  name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.

27. Governing Law

Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and Exodus Bullion , 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 laws provisions.

28. Arbitration Agreement; Class Action Waiver; Waiver of Jury Trial

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Waiver of Jury Trial. YOU AND EXODUS BULLION EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include, but shall not limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and Exodus Bullion agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.

If you intend to seek arbitration you must first send a written notice (the “Notice”), by certified U.S. Mail to the following:

Exodus Bullion, LLC.

Attn:  Legal Department

9344 Gosler Rd.

Sealy, Tx, 77474

If Exodus Bullion intends to seek arbitration, Exodus Bullion will send the Notice to the current billing address on your account with Exodus Bullion . The Notice must describe the nature and basis of the claim and the specific relief sought. If you and Exodus Bullion  cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.

Place to File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Exodus Bullion agree and consent that such disputes will be resolved in the federal or state courts in the State of Texas, as applicable, and that you and Exodus Bullion  agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of Texas.

Time Limit to Commence Arbitration. You and Exodus Bullion agree that for any dispute (except intellectual property disputes), you or Exodus Bullion must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Exodus Bullion.

29. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

30. Entire Agreement

This Agreement constitutes the entire agreement between you and Exodus Bullion and governs your use of the Website, superseding any prior agreements.

31. Integration

Exodus Bullion hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Exodus Bullion.

32. Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN 30 DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

33. Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Exodus Bullion will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Exodus Bullion inadvertently collects such personally identifiable information, Exodus Bullion will delete the personally identifiable information in accordance with its security protocols.

34. Reservation of Rights

All rights not expressly granted herein are reserved to Exodus Bullion.

35. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

Copyright © 2023 Exodus Bullion, LLC.