The Firstgoldgroup.com website and its associated services and content is owned and operated by First Gold Group, Inc. (“First Gold Group”,” “our,” “we” or “us”). By using Firstgoldgroup.com (“Site,” “Website”) and other services provided by First Gold Group, including placing order and making purchases from First Gold Group representatives by phone, and if applicable, your making any sales to First Gold Group, you are agreeing to the following terms, including, but not limited to, the terms available under this Terms and Conditions of Use. These terms apply to all transactions between First Gold Group and you, including orders placed, purchases from, and sales to First Gold Group by way of a telephone with a First Gold Group representative or through the Firstgoldgroup.com website. This User Agreement constitutes a contract between First Gold Group and you, personally and, if applicable, on behalf of the entity for whom you are using Firstgoldgroup.com and other services provided by First Gold Group.

This agreement applies to all orders, purchases and sales made via Firstgoldgroup.com and by way of telephone with a First Gold Group representative. By using services offered by First Gold Group, you represent and warrant, without limitation, that you have read, understand and agree to comply with all terms, policies rules, restrictions, obligations, representations and warranties set forth herein. As this Agreement contains legal obligation, please read the Agreement carefully. First Gold Group encourages you to print a copy of this agreement for future reference.

WE RESERVE THE RIGHT TO, AND YOU AGREE, THAT WE MAYMAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOU FURTHER AGREE THAT WE MAY MAKE CHANGES TO FIRSTGOLDGROUP.COM AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. BY YOUR CONTINUED USE OF SERVICES OFFERED BY FIRST GOLD GROUP, AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

Please direct any legal questions regarding this Agreement to:

First Gold Group, Inc.,

Attn: Legal Department

[11755 Wilshire Blvd, Suite 1250 PMB 530

Los Angeles, CA 90025

or service@firstgoldgroup.com

1.  About the First Gold Group

a.  First Gold Group through Firstgoldgroup.com, and by way of a telephone through First Gold Group employees, provides service that enables users to purchase high quality physical precious metals products, such as gold and silver coins and bars, for physical delivery to your home, for placement in a precious metals IRA, and for secure storage with an independent third-party storage facility. 

2.  Account Registration; Order Policies and Procedures; Fraud.

a.  You may purchase product using Firstgoldgroup.com, or by contacting a First Gold Group Account Executive. Account registration can be completed through the use of Firstgoldgroup.com, or by contacting a First Gold Group Account Executive to assist you with setting up your account. Account registration and use of Firstgoldgroup.com is without charge. You may search and view products from Firstgoldgroup.com as a guest, without registering for an account. If you choose to register an account and create a User Profile, you will be required to complete the requested information. By creating an account, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time. You are also expressly authorizing First Gold Group to contact you at the telephone number(s) you provide regardless of whether these numbers are listed on any state or federal Do Not Call list. If you request that First Gold Group no longer contact you, First Gold Group will promptly place you on our Do Not Call list.

b.  We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, wire transfer information, 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 Firstgoldgroup.com to protect the security of our members, Firstgoldgroup.com, or to assist in making 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. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control.

c.  You have an obligation to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that 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 that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of services provided by First Gold Group and Firstgoldgroup.com. First Gold Group 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.

d.  First Gold Group takes security very seriously. Our security measures protect all information under our control. Our system is based on the SSL encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you will be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to First Gold Group. All of the customer data we collect from you is protected against unauthorized access.

e.  Should you choose to set up an account using the Website Firstgoldgroup.com. you will access your account using a personal account password chosen by you. You understand and agree it is your responsibility to keep your Firstgoldgroup.com account secure from unauthorized access by not revealing your password to others. You agree that you alone are responsible for your account and all associated User Profiles and accept full responsibility for any and all use of your account. In the case of unauthorized access to your account, you agree to immediately contact First Gold Group. You agree to hold harmless and indemnify First Gold Group for any damages incurred by First Gold Group that arise out of or are related to the use of your Account.

f.  Without limiting any other legal or equitable rights and remedies that may be available to First Gold Group, in the event of any failure by you to comply with this Agreement, First Gold Group 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.

g.  By creating an Account, you agree that First Gold Group, 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.

h.  You may place orders and make purchases from First Gold Group by way of telephone and Firstgoldgroup.com only in accordance with this Agreement and any accompanying policies and procedures. You understand and agree that upon placing an order to purchase using First Gold Group or Firstgoldgroup.com, or in any subsequent sale to First Gold Group, you have entered into a legally binding and enforceable contract. Prices and availability of products are subject to change, without notice.

i.  When placing an order for product with First Gold Group by way of telephone or Firstgoldgroup.com, the price at which your order is placed is the confirmed price. After you place an order, an “order number” will be sent to you via email confirming your order at your confirmed price. For you to maintain your confirmed price, once you place your order, if you are not paying by credit card or debit card, your subsequent payment must be received by First Gold Group, in the case of wire transfers, within two (2) business days, and in the case of payment by check, within five (5) business days, of placing your order. Your order is only complete upon charging your credit card, our receipt of funds by bank wire or clearance of payment by check. 

j.  If any order is in error due to First Gold Group’s fault or otherwise, we reserve the right to cancel the order.

k.  We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card 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 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 and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

3.  Electronic Delivery of Communications

a.  You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your First Gold Group account and your use of our services. Communications include:

  i.  Agreements and policies you agree to (e.g., the First Gold Group Terms and Conditions of Use and Privacy Policy), including updates to these agreements or policies;

  ii.  Transaction receipts or confirmations;

  iii.  Account statements and history;

  iv.  Any other account or transaction information.

b.  We will provide these Communications to you by posting them on firstgoldgroup.com and/or by emailing them to you at the primary email address listed in your account profile.

4.  Payment Options

a.  First Gold Group will issue payment instructions to you during the ordering process and via email following completion of your order. We currently accept payment in U.S. dollars (USD). First Gold Group does not accept payments in cash or allow Cash on Delivery orders. First Gold Group requires that all payments be made via credit card, debit card, bank wire, or personal check. First Gold Group does not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, First Gold Group reserves the right to request additional documentation for certain credit card orders. If you pay by credit card, we will only ship your product to the credit card billing address. Please confirm that the ship to address is the same as the mailing address in your online account before placing an order using your credit card. We do not recommend paying by credit card for smaller orders. If you pay for your order by personal check, payment should be dated within 24 hours of placing your order. First Gold Group reserves the right to hold personal checks for up to ten (10) banking days prior to shipping. In cases of suspected fraud, personal checks may be held up to 26 (twenty-six) calendar days. If your product will not be delivered within 28 (twenty-eight)calendar days First Gold Group will cancel the order. Direct bank wire is always preferred. By choosing to pay with a credit or debit card, you expressly authorize First Gold Group to authorize and capture your credit or debit card payment prior to shipment.

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

c.  In the instance of a bounced paper check payment, First Gold Group reserves the right to cancel the order, charge a $50 administrative fee and charge for the cost of any market losses incurred.

5.  Pre-Shipment Cancellations

a.  Once you have placed an order through Firstgoldgroup.com or by way of telephone with a First Gold Group Account Executive you have entered into a legally binding and enforceable contract to purchase the product ordered and cannot cancel the order (special state refund policies applicable to telephonic purchases are provided under Section 34 of these Terms and Conditions). Once we have confirmed your order all prices are locked-in and there is a binding contract between you and us for your transaction. As a result, any market risk for breach of the enforceable contract is transferred to you at the time we confirmed your order. You have no right to cancel your order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your order(s). We reserve the right to cancel any order at any time and for any reason.

b.  Any order cancellations are subject to any market loss incurred by First Gold Group, plus a twenty-five dollars ($25.00 USD) cancellation fee. This means you will be responsible for any deficit between the original Purchase Price and the current Ask Price at the time your pre-shipment cancellation is processed. Market gains on pre-shipment cancellations shall remain the sole property of First Gold Group. Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any market loss to First Gold Group has occurred, it will be calculated and added to the $25.00 cancellation fee. If applicable, you agree you have full responsibility and liability to First Gold Group for any cancellation fee and/or market loss incurred by First Gold Group and you agree to remit immediately to First Gold Group good funds for any cancellation fee and/or market loss incurred by First Gold Group. Future orders will not be permitted until any market loss and cancellation fee is paid in full. Any market gain incurred resulting from the order cancellations vests in and shall remain the property of First Gold Group.

c.  First Gold Group 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 First Gold Group deems questionable or suspicious, for orders First Gold Group deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when First Gold Group does not receive payment within the required timeframe.

d.  First Gold Group is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order First Gold Group will contact you directly with notification of the cancellation.

6.  Exchanges and Returns

a.  After First Gold Group has shipped the product, the order cannot be cancelled. If, within five (5) business days from the date that you received your product, you would like to exchange the product you purchased for a different product sold by First Gold Group, or you would like to return the products purchased, you must notify First Gold Group’s Customer Service Department via telephone at (800) 310-6126. Please note First Gold Group will not accept any exchanges after such date. If you choose to exchange a product, you are fully responsible for all taxes, as well as all return shipping, insurance and handling costs, as well as applicable shipping and handling charges required for the shipment to be re-shipped to you, Any returns are subject to any market loss incurred by First Gold Group, plus a twenty-five dollar ($25.00 USD) return fee. This means you will be responsible for any deficit between the original Purchase Price and the Ask Price at the time your return is processed. Market gains on product returned shall remain the sole property of First Gold Group. First Gold Group may reject any returned or exchanged item that does not conform to these terms.

7.  Shipment

a.  Your purchased products are shipped by Registered/Insured U.S. Mail, UPS, Federal Express or another common carrier. Each package is fully insured. Packages sent registered and insured mail can take on average 5-10 Business Days to receive. First Gold Group charges $9.95 for purchases of less than $199. Purchases of $199 or more are shipped for free. First Gold Group expressly reserves the right to change the amount charged for shipping for any order, for any reason, at its sole discretion.

b.  Although most orders are shipped within one business day, in unusual circumstances, and depending upon the manner of delivery, shipment may take up to twenty-eight (28) calendar days from receipt by First Gold Group of payment in full. You are fully responsible for applicable taxes, and shipping and handling charges, unless notified otherwise. Each package requires a signature upon delivery. Please note that First Gold Group will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or claims with a received shipment MUST be reported to First Gold Group, in writing within 2 business days of receipt of your order, otherwise they will be deemed to be waived by you. First Gold Group will not accept responsibility, and your package will not be covered by our insurance carrier for any losses, if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party, such as a landlord, building manager, neighbor, or third-party drop off location like a Mail Boxes, Etc. Any changes to a shipment need to be coordinated through First Gold Group prior to the order shipping out. If a package is returned to us, you are fully responsible for applicable shipping and handling charges required for your shipment to be re-shipped to you.

c.  First Gold Group fully insures all of its shipments. Should anything happen while your package is in transit to you it may be covered by our insurance policy. When we ship to you, if merchandise is lost or damaged in transit, First Gold Group is responsible to pursue any claim with our insurance carrier; provided, however, 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 describing the circumstances surrounding the damaged/lost merchandise and filing a police report. If you do not fully cooperate in the recovery of lost merchandise, neither First Gold Group, nor our insurance company or carrier, will have any liability to you. If we determine the package is lost or merchandise was damaged in transit, in our sole discretion, we will file an insurance claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our sole discretion, and we shall have no further responsibility or liability to you.

d.  In the event that a package becomes lost in transit, it is your responsibility to notify First Gold Group of such within three (3) calendar days of the anticipated delivery date.

8.  Storage

a.  At your request, First Gold Group will store your precious metals or coins with independent depositories selected by First Gold Group. Storage is not available if you reside in Arizona, Indiana, Iowa, Minnesota, Montana, New Hampshire, Rhode Island or Utah. First Gold Group may change depositories without prior notice.

b.  First Gold Group will deliver precious metals and coins selected for storage within twenty-eight (28) calendar days of receiving payment of good funds (unless state law requires a different delivery period). First Gold Group may store your precious metals and/or coins on a non- segregated, bulk basis. When you choose to store precious metals and/or coins through First Gold Group, you understand that, absent an express written agreement to the contrary, you are not entitled to receive from First Gold Group any specific item of precious metals and/or a specific coin. Rather, you are entitled to receive only the same quantity, grade and type of precious metals and/or coins stored through First Gold Group as specified on First Gold Group’s invoice submitted to you at the time of your trade.

c.  First Gold Group will use commercially reasonable efforts to store your metals or coins in a way that is free from the claims of its creditors, the depositories (except as to storage charges) and the depositories’ creditors.

d.  First Gold Group will, or will cause the depositories to, insure your metals, coins and currency against physical loss, damage or disappearance. Limitations and exclusions apply to such insurance proceeds. First Gold Group’s liability to you for any physical loss, damage or disappearance of items held in storage shall be limited to available insurance proceeds and under no circumstances shall exceed First Gold Group’s bid price for such items at the time of loss.

e.  Storage fees are calculated by multiplying 0.01 (1%) by the “ask” price
of your holdings as of the date of the storage statement. Storage fees are charged in advance of each six- month storage period and are payable upon receipt of the statement.

f.  The minimum storage fee is $25. First Gold Group may increase or decrease storage fees upon thirty (30) calendar days’ written notice to Client. Storage fees are non-refundable.

g.  At your written request, First Gold Group will ship stored metals within seven (7) business days of your request for delivery and payment of shipping charges and conversion fees, if applicable. (This delivery period may be extended based upon market conditions.)

h.  You will not grant or permit to exist any lien, security interest or encumbrance of any kind by a third-party on stored precious metals or coins. You acknowledge that the ownership of precious metals or coins is non-negotiable and can be transferred only on First Gold Group’s books. Any assignment or transfer of stored metals and coins must comply with First Gold Group’s procedures regarding the transfer of accounts and applicable law.

9.  Selling to Us

a.  When selling your precious metals to First Gold Group all products sold must have a minimum Purchase Order value of $1,000.00 (USD).

b.  Purchase order prices are calculated based upon your good faith representation of the product and the current spot prices.

c.  Once we have issued a Purchase Order confirmation number: (a) all prices are locked-in, and; (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Purchase Order is confirmed.

d.  By confirming your Purchase Order with First Gold Group you agree to: (a) call us at 800-310-6126, or email us at service@firstgoldgroup.com and provide us with the registered mail or other tracking number associated with the metals you are shipping to us by the end of Business Day following confirmation of the Purchase Order; (b) mail precious metals to us which meet the quality standards and quantity advertised by you to us when your Purchase Order was confirmed; (c) deliver the precious metals which are part of the Purchase Order to us within 5 Business Days. If you call and provide us with the registered mail or other tracking number associated with the metals you are shipping to us as required, and we do not receive the items within 5 Business Days from the date the delivery to us was initiated, if the delay is confirmed to be caused by the USPS, UPS or Federal Express, we may, but are not obligated to, extend the deadline on a case by case basis and in our sole discretion.

e.  If your Purchase Order transaction obligations are not met, you agree you are responsible for and liable to cover any Market Loss we might or do incur by accepting the Purchase Order to buy from you. Any Purchase Order cancellations are subject to any Market Loss incurred by First Gold Group, plus a twenty-five dollars ($25.00 USD) cancellation fee. This means you will be responsible for any deficit between the original Purchase Order price and the current market Bid Price at the time your pre-shipment cancellation is processed. Market gains on Purchase Order cancellations shall remain the sole property of First Gold Group. Purchase Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to First Gold Group has occurred, it will be calculated and added to the $25.00 cancellation fee. If applicable, you agree you have full responsibility and liability to First Gold Group for any cancellation fee and/or Market Loss incurred by First Gold Group and you agree to remit immediately to First Gold Group good funds for any cancellation fee and/or Market Loss incurred by First Gold Group. Future orders will not be permitted until any Market Loss and cancellation fee is paid in full. Any market gain incurred resulting from the order cancellations vests in and shall remain the property of First Gold Group.

f.  Upon receipt of the products, First Gold Group will inspect the products for authenticity, quantity, and condition. If the products are not true to your initial representations, First Gold Group reserves the right to make a revised offer or reject the transaction partially or entirely at our discretion. In the event of rejection, you are responsible for all return shipping fees and any Market Loss we might or do incur which will be automatically charged to your credit card on file. 

g.  All risk of loss in any Purchase Order transaction is your responsibility until First Gold Group takes actual physical custody and control of each and all of the Product(s) that are the subject of the Purchase Order.

h.  When we receive the package containing your Purchase Order items, and after we have confirmed the quality, quantity and authenticity of the Purchase Order items, we will typically send you the payment due within 3 Business Days in one of the following ways: a) paper check; b) ACH c) bank wire ($25.00 wire fee will apply).

i.  Any products deemed inauthentic may be destroyed.

j.  All attempts to sell counterfeit products will be reported to federal and local authorities.

10.ACCRUE Recurring Investment Program

a.  The First Gold Group ACCRUE Recurring Investment Program allows clients to buy Gold Maple Leaf gold bullion coins on a recurring basis at a fixed dollar amount. This program is currently not available in Arizona, Illinois, Indiana, Iowa, Minnesota, Montana, New Hampshire, Rhode Island or Utah.

b.  Client must choose from the available ACCRUE Recurring Investment Program plans located on www.firstgoldgroup.com, which can be changed at any time at the Company’s discretion.

c.  Should the production of the product associated with the ACCRUE Recurring Investment Program plans become unavailable, or mintage discontinued while your ACCRUE Recurring Investment Program is active, Client agrees that First Gold Group may substitute the selected bullion coin for a bullion coin of the same quality and price as the original product selected.

d.  First Gold Group charges Client’s credit card on the day Client enrolls in the ACCRUE Recurring Investment Program, and then on the 15th of every month the Client remains enrolled in the program. To avoid Client incurring two full subscription payments within a single month, a first payment made by Client on a day other than the 15^th of the month is prorated based on the number of days remaining between payment periods. For example, if Client enrolls on the 20^th day of January, or the day of enrollment (5 days into the standard billing period, including the day of enrollment), there will be 26 days, or 83.87% of the subscription period remaining before the next billing period begins (26/31 = 83.87%). Client’s chosen plan’s payment payment amount is then prorated to reflect the remaining plan period. For example, a plan of $25 per month will multiplied by 83.87% resulting in a first payment of $20.97, not including applicable taxes, on the day of enrollment. Each subsequent month Client’s credit card with be charged the full $25 on the 15^th of the month.

e.  Client will be charged a one-time $10.00 setup fee on the day of enrollment.

f.  Client’s credit card will be automatically charged each month in the amount Client selects at the beginning of the ACCRUE Recurring Investment Program.

g.  On scheduled acquisition dates, Client will acquire the fractional amount of precious metals their allocated purchase amount can buy at the current selling price. For example, if Client has chosen to acquire the 1/20 oz. Gold Maple Leaf gold bullion coins with a monthly payment of $25, and the selling price for the 1/20 Canadian Maple Leaf gold bullion coin is $152 on the day the $25 payment is charged, 16.45% of the coin will be acquired. If the selling price of the 1/20 Canadian Maple Leaf gold bullion coin is $170 at the time the following month’s payment is charged, an additional 14.7% of the coin will be acquired. Please note, because Client is allocating a certain dollar amount per payment schedule, Client will not be able to acquire an entire coin with every purchase.

h.  After Client has paid for a full coin, Client’s coin(s) remain in storage with a third-party depository until such time as Client chooses to take delivery.

i.  At Client’s request, First Gold Group will deliver fully paid coins to Client’s account address within 10 business days of Client’s request for shipment and, if applicable, receipt of the shipping fee. Note: Client may not take delivery until Client has purchased an entire deliverable product (i.e., fully paid coins). Because Client is paying a certain amount per Client’s chosen ACCRUE payment schedule, Client will not be able to accrue an entire coin with every purchase. When Client’s fractional purchases accrue to the point when Client has purchased a complete coin, client may take delivery.

j.  Any amounts remaining on account after the Client takes delivery of fully paid coins will remain on account and accrue toward the purchase of the next full coin.

k.  Client will receive up to two free shipment every 12 months. Shipments in excess of two per 12 months are subject to a $25.00 shipping fee.

l.  First Gold Group provides free storage for coins with a total ask value of $4,500 or less. Any coins and bars with an ask value above $4,500 are subject to storage fees (see section 7. Storage).

m.  IMPORTANT INFORMATION – The ACCRUE Recurring Investment Program continues until Client provides notice of cancellation by: (1) requesting cancellation with a First Gold Group team member at 800-310-6126 (2) cancelling using Client’s personal account portal, (3) by email at service@firstgoldgroup.com.

11.Export Compliance

a.  Each product that First Gold Group 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, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported 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.

12.User Generated Content

a.  First Gold Group may provide you and others with the ability to submit user generated content to be posted on Firstgoldgroup.com, 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 Firstgoldgroup.com associated services. User Generated Content posted to public areas of Firstgoldgroup.com, including as product reviews, will be publicly visible to all visitors of Firstgoldgroup.com. You expressly acknowledge, however, that First Gold Group does not guarantee any confidentiality with respect to any submissions of your User Generated Content and may delete it at any time.

b.  By submitting User Generated Content to Firstgoldgroup.com, you grant First Gold Group a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of Firstgoldgroup.com 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 Firstgoldgroup.com or its associated services, improving Firstgoldgroup.com or its associated services, and archiving or making backups of Firstgoldgroup.com. 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 Firstgoldgroup.com, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

c.  You warrant that any User Generated Content that you submit to Firstgoldgroup.com 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.

d.  You agree that you are solely responsible for any User Content that you submit to the Site Firstgoldgroup.com. First Gold Group 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. First Gold Group does not guarantee the confidentiality of any User Generated Content you share through Firstgoldgroup.com with any third party.

e.  First Gold Group reserves the right to remove User Generated Content, for any reason, in its sole discretion, without prior notice, including User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. First Gold Group also reserves the right to terminate a user’s access to Firstgoldgroup.com 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 of this Agreement, or for no reason, and without prior notice.

13.Termination

a.  Either First Gold Group 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 First Gold Group or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to First Gold Group will result in termination of services as deemed appropriate by First Gold Group.

14.Section 230 of the Communications Decency Act

a.  You acknowledge and agree that Firstgoldgroup.com is an interactive computer service provider under Section 230 of the Communications Decency Act. Though First Gold Group may edit, remove, or control the content displayed through Firstgoldgroup.com, you agree that First Gold Group 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 Firstgoldgroup.com or otherwise.

15.IRA Program

a.  First Gold Group works with various IRA custodians to help you establish your self-directed precious metals IRA. If you would like to establish a self-directed precious IRA, you may contact a First Gold Group Account Executive at (800) 310-6126.

16.Disclaimers, Exclusions and Limitations

a.  You understand that investment in precious metals, coins and other numismatic/collectible items is speculative, unregulated and volatile and that prices may rise and fall over time. There may still be a loss despite favorable price movement. Precious metals and numismatic/collectible items do not provide interest or current income.

b.  First Gold Group cannot guarantee the existence of a viable precious metals, coin or currency market and is not obligated to repurchase any items it sells.

c.  Precious metals generally have a premium above their melt value. Premiums may increase or decrease based upon current market conditions such as supply and demand. Changes in premiums may affect a precious metal’s pricing beyond changes in spot prices.

d.  Should you choose to use the services and information provided by First Gold Group on the site Firstgoldgroup.com you should understand and be aware that Firstgoldgroup.com and related content on Firstgoldgroup.com may not be complete or up to date, and therefore should not be relied on. Your use of any information provided by First Gold Group, First Gold Group’s contractors and employees, and others appearing on Firstgoldgroup.com is solely your responsibility and at your own risk. Accordingly, you are hereby acknowledging First Gold Group is not obligated to provide, or to continue to provide, any maintenance, technical or other support for Firstgoldgroup.com.

e.  Should you choose to contact a First Gold Group by telephone, text, chat or email, you acknowledge First Gold Group employees may from time to time discuss the general direction of the precious metals market based upon information from third-party sources. You agree that neither First Gold Group nor its representatives guarantee or make any representation concerning any market movement. First Gold Group employees are not licensed as investment advisors, and they are not making any specific recommendations concerning stocks or any other form of investment. First Gold Group and its employees are not your agents, have different financial interests and incentives from you and owe no fiduciary duty to you. First Gold Group Account Executives are commissioned salespeople whose commissions are usually greatest on products with a higher spread. They may receive cash and other undisclosed compensation from First Gold Group when selling specific products. You agree to check with a licensed professional with expertise in a particular market before making a decision to buy or sell.

f.  You understand that First Gold Group believes precious metals are appropriate for 5% to 20% of an investment portfolio although certain individuals or organizations might recommend a different percentage. It is your responsibility to independently determine what percentage is appropriate for you based upon your individual circumstances.

g.  What is suitable for one Client with a given financial means may not be suitable for the goals or emotional makeup of a different Client of the same means. Before you choose to buy or sell, you should determine your ability to understand the transaction and to meet all financial commitments to be made.

h.  First Gold Group does not offer advice on the tax treatment of purchasing, selling or borrowing precious metals, rare coins and rare currency. You must consult with your tax advisor regarding such matters. First Gold Group does not sell any precious metals or numismatic product which is exempt from applicable taxes.

17.Disclaimer of Warranties

a.  FIRST GOLD GROUP PROVIDES FIRSTGOLDGROUP.COM, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST GOLD GROUP DOES NOT REPRESENT OR WARRANT THAT FIRSTGOLDGROUP.COM, 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. FIRST GOLD GROUP MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

b.  FIRST GOLD GROUP WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON FIRSTGOLDGROUP.COM, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON FIRSTGOLDGROUP.COM, OR ANY CONTENT TRANSMITTED THROUGH FIRSTGOLDGROUP.COM. FIRST GOLD GROUP 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. FIRST GOLD GROUP RESERVES THE RIGHT TO DISCONTINUE FIRSTGOLDGROUP.COM AT ANY TIME.

c.  FIRST GOLD GROUP WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH FIRSTGOLDGROUP.COM AT ANY TIME.

d.  FIRSTGOLDGROUP.COM MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT FIRST GOLD GROUP’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 FIRST GOLD GROUP’S CONTROL.

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

f.  ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIRST GOLD GROUP 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.

g.  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.

18.Limitation of Liability

a.  FIRST GOLD GROUP SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED BY WAY OF TELEPHONE OR FIRSTGOLDGROUP.COM, OR SELL BACK SALES, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF FIRST GOLD GROUP SERVICES AND FIRSTGOLDGROUP.COM, AND/OR RELATED PRODUCTS/SERVICES. FIRST GOLD GROUP SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, FIRST GOLD GROUP 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 FIRST GOLD GROUP’S REASONABLE CONTROL. FIRST GOLD GROUP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF FIRSTGOLDGROUP.COM.

b.  FIRSTGOLDGROUP.COM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. FIRST GOLD GROUP IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON FIRSTGOLDGROUP.COM.

c.  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.

19.Indemnity and Release

a.  You hereby agree to defend, indemnify and hold First Gold Group and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners (the “Indemnified Parties”) 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 First Gold Group and Firstgoldgroup.com or otherwise transmit or obtain through the products and/or services, (b) your use and 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 First Gold Group, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, First Gold Group 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 First Gold Group’s consent.

b.  You are hereby agreeing to release the Indemnified Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to First Gold Group, Firstgoldgroup.com and related products and services.

20.Relationship

a.  The sole relationship between you and First Gold Group 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.

21.No Waiver

a.  Upon your failure to comply with your duties and obligations to First Gold Group, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of First Gold Group 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 First Gold Group 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 that you fail to comply with this Agreement, you agree to immediately indemnify First Gold Group for any and all market losses incurred by First Gold Group arising out of your purchase (s), including, without limitation, administrative fees for accepting your orders to either buy from or sell to First Gold Group as a result of price and market fluctuations for which you did not fulfill.

22.No Assignment

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

23.Force Majeure

a.  You acknowledge and understand that if First Gold Group and/or Firstgoldgroup.com are unable to provide the products and/or services as a result of a force majeure event, First Gold Group and/or Firstgoldgroup.com will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of First Gold Group and/or Firstgoldgroup.com. FIRST GOLD GROUP 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 THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

24.Warranties, Representations, and Restrictions of Use

a.  You represent, 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 further represent and warrant that you are a human individual that is eighteen (18) years of age or older. Any persons under the age of eighteen (18) are prohibited from utilizing Firstgoldgroup.com and/or related services.

b.  You represent and warrant that any and all information that you provide to First Gold Group and Firstgoldgroup.com is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.

c.  You represent that all of your transactions shall be for investment or other commercial purposes and not for any personal, family, household or other consumer purposes.

d.  You agree not to use Firstgoldgroup.com 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 Firstgoldgroup.com. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. Firstgoldgroup.com 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 Firstgoldgroup.com, 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.

e.  In your use of Firstgoldgroup.com 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, Firstgoldgroup.com or any websites linked to Firstgoldgroup.com; (iii) interfere with or damage Firstgoldgroup.com 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) Firstgoldgroup.com or create or use a false identity; (v) attempt to obtain unauthorized access to Firstgoldgroup.com or portions of Firstgoldgroup.com 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 Firstgoldgroup.com or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the First Gold Group name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Firstgoldgroup.com; (x) engage in any activity that interferes with any third party’s ability to use or enjoy Firstgoldgroup.com or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.

25.Account Matters

a.  If this Agreement is signed by or on behalf of more than one person (including an owner by virtue of community property interest or other operation of law), you authorize First Gold Group to follow the instructions of any signer without notice to or consent from the others or any non-signer. If conflicting instructions are received, First Gold Group will follow the first. If one signer becomes disabled or incompetent, this Agreement survives and First Gold Group may rely on instructions of any other signer. Each signer shall be jointly and severally liable for the obligations set forth in this Agreement.

b.  You agree to notify First Gold Group promptly of the death of any signer by providing a certified death certificate. Upon proof of death, First Gold Group will treat the account balance as belonging solely to the estate or lawful heirs. In all cases, a decedent’s estate will remain fully liable for all obligations incurred up to the day of death and the estate shall be liable for all obligations incurred thereafter. You agree to hold First Gold Group harmless and defend against any loss, liability, cost or expense, including reasonable attorneys’ fees, resulting from any action taken by First Gold Group in reliance upon this paragraph. Notwithstanding the above, First Gold Group may require such papers, additional consents, restrict activity in the account and/or retain all or part of the account balance as First Gold Group deems advisable at First Gold Group’s sole discretion.

26.Monitoring Communications

a.  By contacting us via telephone or chatting with us using our chat feature, you are acknowledging that you understand and agree to our monitoring policy.  You understand and agree that every telephone and chat conversation between you and First Gold Group — whether you place a call to, or start a chat session with First Gold Group or a First Gold Group representative calls or begins a chat session with you — is subject to monitoring and/or recording. You hereby agree and consent to have your calls and chat sessions with any First Gold Group representative monitored and/or recorded without further notice or the requirement of additional consent or agreement from you. You consent to monitoring and/or recording of your telephone conversations and chat sessions with any First Gold Group representative by appropriate First Gold Group personnel and authorized outside third- party monitors. You acknowledge  that you do not have a reasonable expectation of privacy during any of your telephone conversations and chat sessions with any First Gold Group representative. You further understand and agree, with respect to the potential monitoring and/or recording of all of your telephone calls and chat sessions, that you expressly waive the right to assert at any time that any conversations between you and any First Gold Group representative are or were confidential or private. Unless otherwise agreed by First Gold Group in writing, First Gold Group does not consent to the recording of telephone conversations by you or any third-party. You understand that not all telephone calls or chat sessions are recorded and First Gold Group does not guarantee that any recordings of any particular telephone call or chat session will be retained or be capable of being retrieved.

27.Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement

a.  YOU AND FIRST GOLD GROUP AGREE TO ARBITRATE, IN A FINAL AND BINDING MANNER, ALL CONTROVERSIES BETWEEN YOU AND FIRST GOLD GROUP INCLUDING ANY OF FIRST GOLD GROUP’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ARISING OUT OF OR RELATING IN ANY WAY TO ANY TRANSACTION WITH FIRST GOLD GROUP, YOUR USE OF FIRSTGOLDGROUP.COM, YOUR ACCOUNT, ANY ACCOUNT THAT YOU CAUSE TO BE OPENED IN THE FUTURE, OR ANY SERVICE PROVIDED BY FIRST GOLD GROUP, INCLUDING BUT NOT LIMITED TO TRANSACTIONS OF ANY KIND MADE ON YOUR BEHALF. THE PARTIES AGREE THAT ALL CLAIMS SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

b.  YOU AND FIRST GOLD GROUP AGREE THAT THE ARBITRATOR WILL DETERMINE ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO ANY BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OF THE TERMS AND CONDITIONS AS WELL AS THE SCOPE, APPLICABILITY AND VALIDITY OF THIS ARBITRATION AGREEMENT,INCLUDING ANY ALLEGATIONS THAT THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR UNENFORCEABLE IN ANY WAY.

c.  YOU AND FIRST GOLD GROUP AGREE THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

d.  You and First Gold Group agree that any arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures when the amount in controversy is greater than $250,000 and JAMS’ Streamlined Arbitration Rules when the amount in controversy is less than or equal to $250,000 (collectively the “Arbitration Rules”.) Provided, however, that this Agreement shall supersede the Arbitration Rules to the extent of any conflict between the Agreement and the Arbitration Rules. The arbitration proceedings shall be kept in strictest confidence. The arbitration shall be conducted by a single arbitrator who shall be either a retired California Superior Court judge or a retired California appellate justice selected in accordance with the Arbitration Rules from JAMS’ panel of Los Angeles, California arbitrators. You and First Gold Group agree the exclusive venue for arbitration proceedings, including any arbitration hearing, will be Los Angeles, California. You and First Gold Group further agree to the personal jurisdiction of the courts of the State of California located in the County of Los Angeles, or of the United States of America for the Central District of California, to enforce these arbitration provisions described in this Agreement. You are agreeing to this arbitration provision on behalf of yourself and on behalf of your heirs, administrators, executors, successors and assigns and all persons claiming a beneficial interest in your account.

e.  YOUR AND FIRST GOLD GROUP’S LIABILITY IN ALL CLAIMS WHETHER THEY SOUND IN TORT, CONTRACT, WARRANTY OR OTHERWISE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE ITEMS IN DISPUTE LESS THE ITEMS’ FAIR MARKET VALUE AS OF THE DATE ANY ARBITRATION PROCEEDING IS COMMENCED. UNDER NO CIRCUMSTANCES SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, ADDITIONAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You and First Gold Group expressly agree the arbitrator may not: (a) award any exemplary, incidental, indirect or consequential damages, including damages for lost profits to any party, and the parties waive any right to recover such damages, or (b) alter, amend, modify of suspend performance hereunder.

f.  Each party shall be responsible for his, her or its own costs and attorney’s fees incurred in connection with any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising from or related to any transaction between you and First Gold Group. In any arbitration arising out of or related to any transaction between you and First Gold Group, the arbitrator may not award costs or attorney’s fees to the prevailing party (ies); each side is to bear his, her or its costs and attorney’s fees.

g.  You and First Gold Group agree that any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising out of or relating to any transaction between you and First Gold Group is barred unless commenced within one (1) year from the date of that transaction. The parties acknowledge that, but for this waiver, he, she or it might have a longer time period to initiate a claim under state or federal law.

h.  Mandatory Mediation

  i.  You and First Gold Group agree that controversies arising out of or relating in any way to any transaction with First Gold Group shall first be submitted to JAMS for mediation and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final and binding arbitration pursuant to this section 25. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief the arbitrator of the parties’ claims absent the parties’ express written consent to the contrary. You and First Gold Group agree that they will participate in the mediation in good faith and that they will share equally in its costs. Provided, however, that if the parties resolved all disputes through mediation under this section 22 – Mandatory Mediation, First Gold Group shall pay all mediation fees charged by JAMS.

  ii.  All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

  iii.  Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following forty-five (45) calendar days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”.)

  iv.  The mediation may continue after the commencement of arbitration if the parties so desire. At no time prior to the Earliest Initiation Date shall either side initiate an arbitration related to this Agreement except to pursue a provisional remedy that is authorized by law or by the Arbitration Rules or by agreement of the parties.

  v.  All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date either party provides a written request for mediation in accordance with this Section 22 – Mandatory Mediation until fifteen (15) calendar days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

  vi.  BY USING SERVICES PROVIDED BY FIRST GOLD GROUP AND FIRSTGOLDGROUP.COM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS SECTION REGARDING ARBITRATION AND MEDIATION AND VOLUNTARILY AGREE TO BINDING ARBITRATION AND MANDATORY MEDIATION. IN DOING SO, YOU VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.

28.Severability

a.  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.

29.Entire Agreement

a.  This Agreement constitutes the entire agreement between you and First Gold Group concerning the subject matter hereof and governs your use of Firstgoldgroup.com, superseding any prior agreements.

30.Integration

a.  First Gold Group hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of Firstgoldgroup.com 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 First Gold Group.

31.Statute of Limitations

a.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

32.Child Online Privacy Protection Act

a.  Firstgoldgroup.com is not directed to persons under the age of eighteen (18) and First Gold Group will not knowingly collect personally identifiable information from children under the age of eighteen (18). If First Gold Group inadvertently collects such personally identifiable information, First Gold Group will delete the personally identifiable information in accordance with its security protocols.

33.Ownership of Firstgoldgroup.com and License

a.  You acknowledge and agree that First Gold Group is the owner of, or has rights in and to, Firstgoldgroup.com and its associated content, including but not limited to all intellectual property rights inherent therein. Firstgoldgroup.com is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using Firstgoldgroup.com 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 Firstgoldgroup.com, whether in whole or in part, without the prior written consent of First Gold Group.

b.  First Gold Group hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use Firstgoldgroup.com for its customary and intended purposes. This license is revocable at any time, and any rights not expressly granted herein are reserved to First Gold Group. Violation of the terms of this Agreement or use of Firstgoldgroup.com for other than its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying Firstgoldgroup.com or any portion of it, is prohibited, and will result in the termination of this license.

c.  Absent prior written permission from First Gold Group, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes Firstgoldgroup.com or its content. 

34.Trademarks

a.  All trademarks, common law or registered trademarks, displayed on Firstgoldgroup.com are the property of their respective owners. Specially, all First Gold Group marks are the property of First Gold Group, including, but not limited to all First Gold Group logos. Firstgoldgroup.com, including its look and feel, color selections, layout, and arrangement, is the trade dress of First Gold Group. You are prohibited from using First Gold Group’s trademarks, service marks, and trade dress, 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 First Gold Group.

35.Reservation of Rights

a.  All rights not expressly granted herein are reserved to First Gold Group.

36.Privacy

a.  Use of Firstgoldgroup.com is subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using services offered by First Gold Group and Firstgoldgroup.com, 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 Firstgoldgroup.com, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

37.Special State Refund Policies for Telephonic Sales

a.  For telephonic purchases made by clients residing in the states of Nebraska, Maryland, Louisiana, Kansas and Connecticut, First Gold Group provides all first-time customers the right to a refund for then return of undamaged and unused metals or coins, provided that First Gold Group receives written notice of cancellation within seven (7) calendar days after the date you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

b.  For telephonic purchases made by clients residing in the states of Hawaii, Mississippi, West Virginia, Arizona, Montana, Oklahoma, Texas (credit card purchases only), and Oregon, First Gold Group provides you the right to receive a full refund for the return of undamaged and unused metals or coins, provided that First Gold Group receives written notice of the return within seven (7) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

c.  For telephonic purchases made by clients residing in the states of Colorado and Utah, in addition to any other right to revoke an order, you, the purchaser may cancel the sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later. Notice of cancellation must be in writing and postmarked or date/ time-stamped no later than midnight of the third business day after receipt of merchandise or premium. Notice of cancellation may be mailed to First Gold Group at 11755 Wilshire Blvd., Suite 1250 PMB 530, Los Angeles, CA 90025 or sent via facsimile at 310-299-7683. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise or premium in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise or premium has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

d.  For telephonic purchases made by clients residing in the state of Nevada, First Gold Group provides you the right to a refund or replacement, at your option, if (a) the goods or services are defective, or are not as represented and (b) you return the unused goods if any, or make a written request for the refund or replacement within 30 days after you receive the goods or services. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by the above terms. The written request may be made by mailing a written notice to First Gold Group at 11755 Wilshire Blvd, Suite 1250 PMB 530, Los Angeles, CA 90025. If you wish to receive a refund or replacement, return all items shipped to you (if any) in the same condition as when received. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

e.  For telephonic purchases made by clients residing in the states of Indiana, Pennsylvania, Vermont, Wyoming and South Dakota, First Gold Group provides you the right to receive a full refund for the return of undamaged and unused metals or coins, provided that First Gold Group receives written notice of the return within ten (10) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

f.  For telephonic purchases made by clients residing in the states of Michigan, Arkansas and Virginia, First Gold Group provides all customers the right to a full refund provided that First Gold Group receives written notice of cancellation (see notice provided with your trade confirmation) within three (3) business days after the date that you sign the Addendum to this Trade Confirmation. First Gold Group shall, upon written notice of cancellation, issue a full refund within ten (10) calendar days from the date you send us the notice of cancellation (notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid). If you decide to cancel, return all items shipped to you (if any) in substantially as good condition as when received.  Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

g.  For telephonic purchases made by clients residing in the state of North Dakota, First Gold Group provides you the right to receive  a full refund for the return of undamaged and unused metals or coins, provided that First Gold Group receives written notice of the return within fifteen (15) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

h.  For telephonic purchases made by clients residing in the state of state of Maine, First Gold Group provides all first-time customers the right to a refund, provided that First Gold Group receives written notice of cancellation within ten (10) calendar days from the date of your purchase. For second and subsequent purchases, you have the right to receive a full refund provided that First Gold Group receives written notice of the cancellation within three (3) business days after the date your trade confirmation is mailed or delivered, as above. First Gold Group shall, upon written notice of cancellation, issue a full refund within fifteen (15) calendar days from the date you send us the notice of cancellation (notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid). If you decide to cancel, return all items shipped to you (if any) in substantially as good condition as when received. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

i.  For telephonic purchases made by clients residing in the state of Wisconsin, First Gold Group provides all customers the right to a full refund provided that First Gold Group receives written notice of cancellation (see notice provided with your trade confirmation) within three (3) business days after the date that you sign the Addendum to this Trade Confirmation. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. (Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid). Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

j.  For telephonic purchases made by clients living in the state of Alaska, First Gold Group provides all customers the right to receive a full refund for the return of undamaged and unused metals or coins, provided the customer gives First Gold Group timely notice of the return within seven (7) calendar days after the date the customer receives the merchandise. Timely notice is given if the return or request is mailed, properly addressed and postmarked, postage prepaid, within the seven (7) days. Receipt of metals or coins is deemed to occur at the earliest of: (a) the date the customer receives actual possession of the metals or coins; or (b) the date the customer receives written confirmation that the metals or coins have been deposited on the customer’s behalf in an independent depository. First Gold Group shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by First Gold Group, whichever is later. Contact Client Services or your Account Executive for First Gold Group’s packaging and address requirements prior to sending. If you cancel but fail to send the items to First Gold Group, Inc. in the same condition as when received, then you will remain liable for performance of all obligations under the contract.

38.Questions

a.  If you have any questions about the Agreement, please contact us at service@firstgoldgroup.com or call us at (800) 310-6126.