BullionSharks.com TERMS OF USE
Welcome to BullionSharks.com which is provided to You by Bullion Shark, LLC (“Bullion Shark” or the “Company” or “we” or “us” or “our”). The following Terms of Use, as hereafter defined, govern Your access to and use of the BullionSharks.com website (the “Website”) and the services offered by Bullion Shark through the Website (the “Services”). The Website and Services enable persons to buy and sell bullion and rare coins. These Terms of Use also govern Your access to and use of the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “User,” “You” and “Your” as used in these Terms of Use refer to users of the Website and other persons who access the Website for any reason. These Terms of Use take effect once You click “I Agree” or access, browse or use the Website or any of the Content or use our Services.
PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A WAIVER DISALLOWING YOU TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIM(S) AGAINST BULLION SHARK. MOREOVER, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION” CAREFULLY.
Please review all of these Terms of Use carefully as they provide important information about Your rights and obligations and govern Your relationship with Bullion Shark both with respect to Your use of the Website and the Services we provide. The terms and conditions specified herein, including any and all other Bullion Shark policies and disclaimers whether incorporated by reference or expressly included herein are collectively referred to as the “Terms of Use” or “Agreement”. For the purpose of clarity, such other Bullion Shark policies and disclaimers include Bullion Shark’s Privacy Policy, Market Loss and Cancellation Policy, Disclaimer of Risk and Forward-Looking Statements, Ordering Policy, Shipping and Delivery Policy, Returns and Exchanges Policy and Bullion Shark’s Consignor Agreement and Terms of Auction. In addition, Bullion Shark’s Anti-Money Laundering Policy may be reviewed [https://bullionsharks.com/aml-policy/]. The Website is owned and/or operated by Bullion Shark. Your use of the Website constitutes Your agreement and acceptance of all of the terms and conditions specified herein. In addition, as a condition of Your use of the Website, You represent and warrant to Bullion Shark that You will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms of Use. If You do not accept these Terms of Use in full, Your use of the Website and Services is prohibited. Other than this Agreement, Bullion Shark will not enter into any agreement with You or have any obligation to You through the Website and no attempt to create such an agreement by You will be effective. WITHOUT LIMITING ALL OF THESE TERMS OF USE, BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT:
1. YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
3. THESE TERMS OF USE ARE A VALID AND LEGALLY BINDING CONTRACT BETWEEN YOU AND BULLION SHARK; AND
4. IF YOU ARE ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN THESE PARAGRAPHS 1-4, THEN DO NOT BROWSE OR USE THE WEBSITE OR OUR SERVICES. MOREOVER, BULLION SHARK DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE OR THE SERVICES WITHOUT YOUR WILLINGNESS, ABILITY AND ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION THIS ACKNOWLEDGEMENT.
LICENSE
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Bullion Shark or third-party providers, as applicable. Except as expressly permitted by Bullion Shark in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content. Except as expressly permitted by Bullion Shark in these Terms of Use or otherwise in a writing signed by an authorized representative of Bullion Shark, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Bullion Shark” or any other colorable equivalent without the prior written authorization of a Bullion Shark representative.
USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that: the Content, Submissions (as defined below) and databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Bullion Shark, and that no proprietary rights therein are being transferred to You by these Terms of Use; and that You will not, directly or indirectly:
1. Use any of the Content, Submissions and Databases and any other information contained therein for any purposes other than Your personal, non-commercial use; 2. Use the Content, Submissions and Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; 3. Use the Content, Submissions and Databases and any other information contained
therein in violation of any applicable laws or regulations, 4. Publish or distribute in any medium Content, Submissions and Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity; 5. Access or attempt to access any other user’s account; 6. Obtain or ascertain or attempt to obtain or ascertain any other user’s
username, password and/or personal information by any means whatsoever; 7. Elude or attempt to elude the Website’ security systems; 8. Attempt to gain access or gain access to the Website in a fraudulent manner; 9. Use the Website for any purposes other than those intended by Bullion Shark, as
determined by Bullion Shark in its sole discretion; or 10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions and/or Databases and any other information contained therein will cause irreparable harm to Bullion Shark and that in such event money damages will not constitute sufficient compensation to Bullion Shark; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content, Submissions or Databases and any other information contained therein, You specifically consent to Bullion Shark obtaining injunctive relief against You in addition to any other legal or financial remedies to which Bullion Shark may be entitled. Bullion Shark reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and, without limiting the foregoing, to terminate Your password and account should You be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Website.”
NOTICE OF ENFORCEMENT
Bullion Shark vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Bullion Shark will prosecute any unauthorized use or reproduction of any
of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the laws of the United States, whether state or federal, and any and all other applicable international laws and regulations, including, without limitation, laws pertaining to contracts, intellectual property, privacy and rights of publicity.
REGISTRATION AND ACCOUNT CREATION
Bullion Shark may at times require that You register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, You may be provided, or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate, truthful and up to date. If any of Your Registration Information changes, You must update it promptly by editing Your Registration Information on the Website.
USE OF USER ID/PASSWORD
If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without the prior, written approval of an authorized representative of Bullion Shark. Any attempt to do so will be null and void ab initio and shall be considered a material breach of this Agreement. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization. Without limiting our rights or remedies, we reserve the right to refuse service and/or terminate accounts without prior notice if You violate these Terms of Use or if we decide, in our sole discretion, that it would be in Bullion Shark’s best interests to do so.
LINKS
At certain places on the Website, live hypertext links to other Internet websites can be accessed. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Bullion Shark. Bullion Shark does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Bullion Shark provides the links only as a convenience. Use of any information or services obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use, privacy policies and/or similar documentation. Neither the inclusion of the link on the Website nor reference on the linked website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Bullion Shark. You acknowledge and agree that Bullion Shark is and shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. There may be
circumstances where access to the Website is provided by a hypertext link located at another website. Bullion Shark has no responsibility for the content of such other website, Bullion Shark does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Bullion Shark shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Bullion Shark does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Bullion Shark, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the Website. You also agree not to post any materials at the Website without the express written permission of an authorized Bullion Shark representative.
YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT THE AUCTIONS.BULLIONSHARKS. COM WEB PAGES AND RELATED PLATFORM SERVICES ARE HOSTED AND ADMINISTERED BY A THIRD PARTY. WHEN YOU USE SUCH THIRD PARTY’S MANAGEMENT PLATFORM AT HTTPS://AUCTIONS.BULLIONSHARKS.COM AND/OR WHEN DOWNLOADING OR USING THE AUCTION EXPERIENCE MANAGEMENT PLATFORM MOBILE APPLICATIONS YOUR USE OF SUCH PLATFORM AND/OR APPLICATIONS ARE SUBJECT TO SUCH THIRD PARTY’S TERMS OF USE AND PRIVACY POLICY WITH RESPECT TO SUCH THIRD PARTY.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WITH RESPECT TO OUR PRODUCTS AND SERVICES, BULLION SHARK 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. THE BULLION SHARK BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. BULLION SHARK MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. BULLION SHARK’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF BULLION SHARK’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY BULLION SHARK WITH RESPECT
TO SUCH USE.
LIMITATION OF LIABILITIES
BULLION SHARK SHALL NOT BE LIABLE FOR ORDERS PLACED VIA THE BULLION SHARK 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 BULLION SHARK ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. BULLION SHARK SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, BULLION SHARK 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 BULLION SHARK’S REASONABLE CONTROL. BULLION SHARK SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE BULLION SHARK ONLINE ORDER ENTRY SYSTEM. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES AND TERMS OF USE SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THIS OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE BULLION SHARK BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BULLION SHARK AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND AUCTION PLATFORM AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE AND AUCTION PLATFORM; 2. ANY BREACH BY YOU OF THESE TERMS OF USE;
3. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE AND AUCTION
PLATFORM; AND; 4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE OR AUCTION PLATFORM (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON.
SECURITY
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our Database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence we accept no liability for any unintentional disclosure.
EXPORT COMPLIANCE
Each product that Bullion Shark sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of any country to which the United States has embargoed goods, whether such resident is located in the United States or outside of the United States. Additionally, no products may be exported or reexported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders. You are advised to consult with a competent professional on U.S. export laws to determine applicability of any and all such laws.
INTELLECTUAL PROPERTY
All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Bullion Shark or its licensors or suppliers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by the express, written authorization of an authorized Bullion Shark representative. “Bullion Shark” is a trademark owned by Bullion Shark. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Bullion Shark or their respective owners. Except as provided in these Terms of Use, Bullion Shark does not grant You any rights in or to the Bullion Shark trademark or the Other Trademarks. You agree that You shall not use the Bullion Shark trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Bullion Shark or the respective owners of the Other Trademarks as the case may be.
SUBMISSIONS
You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with Your registration) to Bullion Shark through the Website (individually and collectively, “Submissions”), You (i) grant Bullion Shark a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Bullion Shark the right to pursue at law any person or entity that violates Your and/or Bullion Shark’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information. Except as described in Bullion Shark’s Privacy Policy, Bullion Shark will not be required to treat any Submissions as confidential, and You acknowledge and agree that Bullion Shark may use in connection with its business any of the concepts and ideas contained in Your Submissions (including, without limitation, product or advertising ideas) without compensation to You and Bullion Shark will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Bullion Shark operations and business. Except as otherwise set forth in these Terms of Use, Bullion Shark will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person. Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your Submissions and agree to defend (at Bullion Shark’s sole option) and at Your sole expense, indemnify and hold Bullion Shark harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Bullion Shark may incur as a result of Your Submissions. With respect to Your Submissions, You acknowledge, represent, warrant and agree that: 1. Your Submissions are true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relate to and that You are not impersonating any other person; 2. You have the right to make Your Submissions without violating the copyright, trademark, patent, trade secret, privacy or other rights, property an otherwise, of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and 3. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or
policy. If notified of an allegation that the Website contains infringing information, materials or other content, Bullion Shark may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to Bullion Shark regarding any alleged infringement should be sent to Bullion Shark at email at info@bullionsharks.com or by telephone at 516-739-5822 and then followed up with an email notice as is herein specified.
GOVERNING LAW AND JURISDICTION
All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in Nassau County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
BINDING ARBITRATION
Notwithstanding the foregoing, at Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, BOTH PARTIES AGREE THAT NEITHER OF US WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER, WHETHER IN ARBITRATION OR OTHERWISE, WHICH ACTIONS ARE HEREBY WAIVED; AND EACH OF THE PARTIES SHALL ONLY SUBMIT THEIR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.
RELEASE FOR FORCE MAJEURE
You absolve and release Bullion Shark and its officers, directors, shareholders, employees, agents, representatives, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Bullion Shark or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other
damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, pandemics, quarantine, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
NOTICES
Any notice or other document or communication required or permitted hereunder to Bullion Shark will be deemed to have been duly given only if in writing, delivered by email sent to info@bullionsharks.com and actually received by Bullion Shark. Any notice or other document or communication from Bullion Shark required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent. Should You elect to send or receive e-mail communications of any kind to or from Bullion Shark, You represent and warrant to Bullion Shark that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions.
WAIVER
No delay or omission by Bullion Shark to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof.
SEVERABILITY
If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
INDEPENDENT CONTRACTOR
Bullion Shark is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between You and Bullion Shark.
CONTINUED USE DEEMED ACCEPTANCE OF MODIFICATIONS AND UPDATES
Bullion Shark reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. Bullion Shark will deem Your continued use of the Website, the Services or any of the Content to constitute Your acceptance of and agreement to such modification. In the event Bullion Shark elects to change, alter, amend or otherwise modify these Terms of Use, a notice advising of such will be posted on the Website for a period of at least thirty (30) days. In addition, the information on the Website may contain typographical errors or inaccuracies and may not be complete or current. Bullion Shark therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior notice. Please note that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.
ENTIRE AGREEMENT
These Terms of Use, including any and all documentation incorporated by reference, constitute the entire agreement between You and Bullion Shark with respect to Your use of the Website, the Services and the Content, and supersede any and all prior understandings or agreements between You and Bullion Shark, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Services and the Content, Bullion Shark has relied on Your acceptance of these Terms of Use.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
If You have any questions about these Terms of Use, the Services or the Website, please send us an email to info@bullionsharks.com. Although Bullion Shark will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), Bullion Shark does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.