TERMS OF SERVICE
ACCEPTANCE.
Access to and use of this website, including participation in the Crowne Gold
Marketplace (the “Exchange”), access to the Crowne Gold program, or
delivery of Crowne Mint products, (collectively, “Services”) are subject
to the terms and conditions of these Terms of Service and all applicable laws
and regulations, including laws and regulations governing copyright and
trademark. By using this Crowne-Gold.com (the “Website”), you agree,
without limitation, to be bound by these Terms of Service between you and Crowne‑Gold.com,
Inc., a Nevada Corporation (“Crowne Gold”). If you do not agree to these
Terms of Service, you must immediately discontinue your use of this Website. By
using this Website, you also acknowledge that you have read and understand these
Terms of Service. Crowne Gold reserves the right to change these Terms of
Service at any time. You agree in advance to accept any changes.
In addition, when using particular
Services, you may be subject to additional terms and any posted guidelines or
rules applicable to such services that may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into these Terms
of Service. If any terms contained in this Terms of Service conflict with any
terms contained within such guidelines or rules, or the Additional Terms, then
the terms in this Agreement shall control.
UNLAWFUL AND PROHIBITED USE.
Because of the global nature of the Internet, as a condition of your use of the
Services, you agree to comply with all local rules with respect to your account
and your online conduct, including all laws, rules, codes, and regulations of
the country in which you reside and the country from which you access this
Website, including without limitation, all laws, rules, codes, regulations,
decrees, acts, orders, directives, legislation, bills, and statutes pertaining
to tax, contracts, intellectual property, securities, e-commerce, banking,
technology, computers, fraud, and privacy. In addition, you agree to comply with
all applicable laws, rules, codes, and regulations regarding the transmission of
technical data exported from the United States.
You further agree that you will not use
the Services for any purpose that is unlawful or prohibited by these Terms of
Service or by any law, rule, code, and regulation, or any activity that relates
to transactions involving (i) illegal drugs, firearms or related paraphernalia;
(ii) terrorism as defined by the USA Patriot Act; (iii) pornography or other
sexually oriented materials or activities; (iv) pyramid, ponzi or other illegal
investment schemes; or (v) gambling and/or gaming activities, or any other
activity that we deem unacceptable in our sole discretion by notice to you or
amendment to these Terms of Service.
If we have reason to believe, in our
sole discretion, that you are using or intend to use the Exchange or the
Services for any purpose that is unlawful or prohibited by these Terms of
Service, we may take such action as we deem appropriate to protect us from
liability. Such actions may include, but are not limited to, closing,
suspending or limiting access to our Services. In addition, we may convert any
funds or digital gold that we hold on your behalf into physical gold in our sole
discretion, and is such event, you agree that our applicable fee schedule will
apply to such conversion and that we will have no liability for fluctuations in
gold prices that may occur after such conversion. In the event the Services are
used for any unlawful purpose, we reserve the right to notify and cooperate with
appropriate authorities as may be required or permitted by law. We also reserve
the right to report any fraudulent or suspicious activity to the appropriate
authorities.
COMPLIANCE PROGRAM.
Prior to account opening, we will require you to provide us with such
information as we may require to verify your identity (see Notice to
Crowne Gold Customers below). You hereby authorize us, directly or through
third parties, to make any inquiries we consider necessary to verify your
identity. This may include asking you to provide identifying information (such
as a U.S. driver’s license or passport), asking you for further information and
verifying your information against third-party databases or through other
sources. We may choose to refuse to open an account for any person. In
addition, in the event that you send us any funds prior to our verifying your
identity, we may hold such funds until we have satisfactorily verified your
identity.
Notice to Crowne Gold Customers
Important Information About
Procedures
for Opening a New Account
To assist the United States
government in fighting the funding of terrorism and money laundering activities,
the U.S. PATRIOT Act requires all financial institutions to obtain, verify and
record information that identifies each person who opens an account.
What this means for you: when you
open an account, Crowne Gold will ask for your name, address, date of birth and
other information that will allow the firm to identify you. You may also be
asked to provide your driver’s license or other identifying documents.
ASSUMPTION OF RISK.
You acknowledge that all investments involve some degree of risk and that you
may lose all or a portion of any investment you make. You assume all risk
associated with any investment decision you make. You represent that you will
make any investment or other decision to purchase or sell (or to decline to
purchase or sell) precious metals based on your own independent judgment and
without reliance upon any such Information found on Crowne-Gold.com. You
acknowledge that precious metals are subject to price fluctuations beyond our
control that will affect the price at which you can purchase and sell precious
metals through our Services. Prior to the execution of any purchase or sale of
any precious metal, you are advised to consult with your broker or other
financial representative to verify pricing information.
ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Crowne Gold immediately of any unauthorized use of your account or any
other breach of security. Crowne Gold will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Crowne Gold or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
For authentication purposes, accessing
your account may require you to answer a designated security question. You
agree to provide Crowne Gold with current, complete, and accurate information as
prompted by the applicable registration process and agree to regularly update
this information, through any means not intentionally made available to you by
Crowne Gold.
Services provided to you through this
Website may involve the electronic transmission, including via any e-mail
address you provide to us, of information that you may consider to be personal
financial information or promotional marketing materials, and you consent to
such transmission.
PURCHASE AND SALE OF GOLD.
You agree to read and accept the procedure for buying or selling gold through us
before placing an order, and understand that you are solely responsible to
provide valid and accurate information needed to complete orders, including but
not limited to including the Order Number assigned when tendering payment. You
understand that failure to adhere to the correct procedure may result in the
compromise of your privacy, even if the order can still be fulfilled. You
understand and agree to be bound by Crowne Gold’s fee schedule current and these
Terms of Service at the time of each transaction.
To purchase gold using our Services, you
must provide funds via wire transfer to an account we designate. As a general
policy, Crown Gold does not accept funds via cash, check or other non-wire
methods of payment. You may not purchase gold through use of a credit or debit
card. We may, at our discretion, impose limits on the amount of funds you can
send through our Service.
On demand, and subject to market and
exchange liquidity, we will repurchase gold from you at the current spot price
in accordance with the prevailing fee schedule provided that you have not taken
physical delivery of your gold and subject to the Exchange’s liquidity.
All physical gold denominated balances
as seen on the Website are backed by physical gold in allocated storage, and
unallocated gold held on account with firms authorized to transact the purchase
and sale of gold through a commodities exchange and/or via recognized physical
gold suppliers. We may change, add, or discontinue particular gold storage
facilities at our discretion.
If you sell gold through us, you may
withdraw the resulting funds by requesting a wire transfer to your bank
account. You may not withdraw funds by requesting cash, check or other method
of payment. You agree that any such request by you constitutes your
authorization to us to make the requested transfer, and once you have provided
your authorization for the transfer, you will not be able to cancel the
transfer. We will have no responsibility or liability for any errors in wire
transfer information provided by you.
90-DAY WAITING PERIOD.
Crowne Gold imposes limits on customers who purchase physical gold, by requiring
a 90-day waiting period before selling the physical gold or exchanging the
physical gold into digital gold units. You acknowledge and consent to this
waiting period.
If you fail to comply with the 90-day
waiting period, you agree to forfeit 100% of the appreciation on the physical
gold exchanged or 2% of the value at which the physical gold was exchanged;
whichever amount is greater.
FEES.
Crowne Gold charges fees for transactions made by customers using the Services
provided by this Website. Crowne Gold reserves the right to assess and collect
fees for the Services. All fees are disclosed on the Website. In some cases,
early withdrawal fees may apply. We reserve the right to change our fees at any
time at our sole discretion and without prior notice. You agree that it is your
sole responsibility to keep apprised of our current fee schedule and any changes
thereto.
DATA, INFORMATION, AND CONTENT.
You acknowledge that neither Crowne Gold nor the Exchange is an investment firm
or bank providing for short-term speculation in precious metals or fiat
currencies. The content on this Website is for information, education, and
noncommercial purposes only. Although Crowne Gold may provide data, information,
and content relating to investment approaches and opportunities to buy or sell
precious metals, you should not construe any such information or other content
available through this Website or from any Crowne Gold employee as legal or tax
advice. You alone will bear the sole responsibility of evaluating the merits
and risks associated with the use of any content on this Website before making
any decisions based on such content. In exchange for using the Services offered
on this Website, you agree not to hold Crowne Gold or its third-party
information providers liable for any possible claim for damages arising from any
decision you make based on the content made available to you through this
Website.
LIMITED LICENSE.
Permission to use the content available on Crowne-Gold.com is granted, provided
that (1) the copyright notice below appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of the content
available from this Website is for informational and non-commercial or personal
use only, and (3) no content available from this Website is modified in any
way. Except for the specified uses, no part of the content available on this
Website may be copied, photocopied, reproduced, republished, licensed,
distributed, performed, displayed, uploaded, posted, translated, altered,
retransmitted, broadcast in any way, exploited, used to create derivative works,
or reduced to any electronic medium or machine-readable form, in whole or in
part, without the prior written consent of Crowne Gold or its third-party
providers.
LINKS TO THIRD-PARTY SITES.
Crowne Gold.com may contain links to third-party web sites that are not owned or
controlled by Crowne Gold. Crowne Gold has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third-party websites. By using the Website, you expressly relieve Crowne Gold
from any and all liability arising from your use of any third-party web site.
Accordingly, we encourage you to be aware when you leave the Website and to read
the Terms of Service and Privacy Policy of every other web site that you visit.
Unless we expressly state otherwise, the fact that Crowne Gold has provided a
link to a site is not an endorsement, authorization, sponsorship, or affiliation
with respect to such site, its owners, or its providers.
OFFERS FROM THIRD PARTIES.
We may refer you to third-party brokers who offer exchange services between gold
payment systems and for payment in various government issued currencies. We may
allow these third parties to offer you products and services, including offers
through our Website or via email. Whether or not you decide to
participate in such an offer is up to you. Your participation in any of these
offers, including payment and delivery of related goods or services and the
terms, conditions, warranties or representations associated with such offers, is
solely between you and the third-party company. You agree that Crowne Gold
shall not be liable for any costs or damages you may incur resulting from your
decision to enter such transactions.
“If you pay for our goods or services
via wire transfer to our Crowne Gold account, please be advised that Crowne Gold
merely facilities the processing of your payment for our goods or services and
has no responsibility for the goods or services provided. In the event of any
dispute between you and us regarding the goods or services provided, Crowne Gold
shall have no liability or responsibility to you. Further, all wire transfers
to Crowne Gold are final and are not subject to refund or repayment to you.”
The foregoing
notice shall be provided to your customers in writing prior to the time of your
initial transaction with the customer. For transactions conducted
electronically through your website, notice may be provided by posting on your
website.
·
We reserve the right to process a refund to
your customer for any wire transfer that we, in our sole discretion, believe to
be of a fraudulent nature or transacted in a manner inconsistent with the terms
of this Agreement of or in violation of any applicable law, rule, code or
regulation. Applicable fees will apply.
·
You agree that you are fully responsible for
and agree to pay any and all taxes and other charge imposed by any governmental
authority resulting from your transactions with your customers.
COPYRIGHTS.
Except where indicated, all Information available through Crowne-Gold.com is the
exclusive property of Crowne Gold or its licensors and is protected by copyright
and intellectual property laws. All copyrightable text and graphics, the
selection, arrangement, and presentation of all materials and the overall design
of this web site are Copyright 2008. All rights reserved.
You may not reproduce, retransmit,
disseminate, sell, publish, broadcast, nor shall any Information be used in
connection with creating, promoting, trading, marketing investment products, or
any other commercial service, without the express written consent of Crowne Gold
or its licensors. You are entitled to use the Information for your private,
non-commercial use only.
TRADEMARKS.
Crowne-Gold.com, Inc., Crowne Gold, and the Crowne Gold logo are trademarks of
Crowne-Gold.com, Inc. All other Crowne Gold products and proprietary tools are
trademarks of Crowne-Gold.com. All other brands and names are the property of
their respective owners.
LIMITATION OF LIABILITY
YOUR USE OF THE
WEBSITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER CROWNE
GOLD NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES
CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE
FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE
USE OF OR INABILITY TO USE THE WEBSITE, MATERIALS OR ANY PRODUCTS OR SERVICES
PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS WEBSITE, EVEN IF CROWNE
GOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A
JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET
FORTH HEREIN, THE LIABILITY OF CROWNE GOLD AND ITS AFFILIATES, SUBSIDIARIES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY
INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN
SUCH JURISDICTIONS.
INDEMNIFICATION.
You shall indemnify and hold harmless, and at Crowne Gold's request, defend
Crowne Gold and its affiliates, as well as the respective directors, officers,
shareholders, employees, agents and owners (each, an “Indemnified Party”)
from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable attorneys' fees,
an allocation for in-house counsel, and other legal costs) arising out of your
acts or omissions, including claims resulting from your use of the Website, your
submission, posting or transmission of information or content, or any breach of
your obligations set forth in this Agreement. You shall reimburse each
Indemnified Party on demand for any costs, expenses and liabilities incurred by
such Indemnified Party to which this indemnity relates.
ENTIRE AGREEMENT.
The Terms of Service together with the Privacy Policy and any other legal
notices, including the Additional Terms, published by Crowne-Gold.com, shall
constitute the entire agreement between you and Crowne Gold concerning the
Website. This Agreement supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you and Crowne Gold
with respect to this Website.
SEVERABILITY.
If a court of competent jurisdiction finds any clause or provision of these
Terms of Service to be unenforceable, then the Terms of Service shall be deemed
amended to exclude the clause or provision and the remainder of these Terms of
Service shall continue in full force and effect.
GOVERNING LAW, JURISDICTION, VENUE.
The Terms of Service, your access and use of the Crowne-Gold.com and the
relationship between you and Crowne Gold is governed by the laws of the Republic
de Panama, Switzerland, The Netherlands, or the United State, at our discretion,
without giving effect to its conflict of law provisions. In the event Crowne
Gold commences or prosecutes any legal or equitable action or proceeding, you
agree to submit to the personal and exclusive jurisdiction of the court in which
such action or proceeding is commenced. You are responsible for complying with
local laws, if and to the extent local laws are applicable. Notwithstanding the
foregoing, Crowne Gold shall have the right to commence and prosecute any legal
or equitable action or proceeding before any United States or non-United States
court of competent jurisdiction to obtain injunctive or other relief in Crowne
Gold' sole discretion. Regardless of any statute or law to the contrary, any
claim or cause of action by you arising out of or related to use of the Website
or the Terms of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred.