Terms and Conditions

In consideration for and as a precondition to Customer being permitted to open and maintain an account with Elemetal Vault, LLC (“Elemetal Vault” or “EV”), maintain funds on deposit with EV for the purpose of making purchases and sales of precious metal products (the “Metal”) through EV, physically store the Metal in a secure storage facility maintained by a secure-storage provider selected by EV (the “Vault”), and otherwise transact with EV, Customer agrees that the provisions of these Elemetal Vault Terms & Conditions, as may be amended from time to time by EV, (these “T&C”) shall apply to all dealings and transactions between EV and Customer, and any controversy, claim, or dispute arising out of or relating thereto shall be subject to and controlled solely by these T&C. To the extent these T&C may be revised, the latest revision shall apply. These T&C are also available at the EV website, www.elemetalvault.com (the “Website”).

  1. ARBITRATION. CUSTOMER AND ELEMETAL VAULT AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN CUSTOMER AND EV ARISING IN ANY WAY FROM ANY DEALING(S) OR TRANSACTION(S) BETWEEN CUSTOMER AND EV OR FROM THESE T&C (COLLECTIVELY, A “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, IF APPLICABLE, OR OTHERWISE PURSUANT TO THE TEXAS GENERAL ARBITRATION ACT, AND SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE BEFORE A SINGLE ARBITRATOR IN DALLAS, TEXAS IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION FOR COMMERCIAL ARBITRATION AND SHALL BE GOVERNED BY THE APPLICABLE PROVISIONS OF THESE T&C. EV DOES NOT CONSENT TO ANY CLASS ARBITRATION OR REPRESENTATIVE ARBITRATION PROCEEDING. CUSTOMER AND EV WAIVE ANY RIGHT TO ARBITRATE ANY DISPUTE OR TO PURSUE RELIEF AGAINST THE OTHER IN A CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING, AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. FURTHER, UNLESS EV AND CUSTOMER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY DECISION RENDERED IN SUCH ARBITRATION IS BINDING ON EACH PARTY, AND JUDGMENT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. FEES AND EXPENSES OF THE ARBITRATOR AND ARBITRATION SHALL BE DIVIDED EQUALLY BETWEEN THE PARTIES. CUSTOMER AND EV WILL EACH BE RESPONSIBLE FOR THEIR OWN ATTORNEYS’ FEES AND COSTS, AND THE ARBITRATOR HAS NO DISCRETION TO SHIFT ATTORNEYS’ FEES OR COSTS OF CUSTOMER TO EV. IF CUSTOMER BRINGS AN ACTION AGAINST EV IN ANY PROCEEDING OTHER THAN INDIVIDUAL ARBITRATION AS REQUIRED BY THESE T&C, OR UNSUCCESSFULLY CHALLENGES OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, CUSTOMER SHALL BE RESPONSIBLE FOR ALL LEGAL AND OTHER EXPENSES INCURRED BY EV (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS) IN COMPELLING ARBITRATION, ENFORCING THIS ARBITRATION PROVISION OR DEFENDING OR ENFORCING THE ARBITRATION AWARD.
  2. New Customer Account, Representations and Warranties. To transact with Elemetal Vault, Customer shall open and maintain an electronic account with EV (“Customer Account” or “Customer’s Account”) via the Website. By placing a transaction order with EV via the Website or otherwise, Customer represents, warrants and agrees that (a) Customer has read, understands, and agrees to be bound by the provisions of these T&C and any other terms and conditions posted on the Website, and (b) EV may, in its sole discretion, establish the predetermined “spot” and other pricing of Metal sold to Customer, and such pricing at the time of Customer placing its order for the Metal purchase shall be the agreed price for the involved transaction.
  3. New-Account Authorization. Customer authorizes Elemetal Vault to make such credit, criminal, and other background investigations of Customer as EV deems appropriate for compliance with the USA PATRIOT Act or otherwise.
  4. Website Disclaimers. While EV endeavors to make the Website as accurate and helpful to its customers as possible, it disclaims any representations or warranties relating to, and any liability or responsibility for (w) interruption, malfunction or cessation of the Website’s operation, and losses or damages relating thereto, (x) technical, typographical or other errors in the Website’s content, (y) viruses or any other manifesting, contaminating or destructive properties of the Website or its access via the Internet, and (z) links to third-party websites from the Website. Website photographs of Metal products are representations of the Metal’s general quality and may not be the actual Metal product that Customer receives. EV may change, within its sole discretion, the Website, the Website information and content, offerings of Metal products, programs, and delivery charges at any time without notice. Customer acknowledges that the Website may contain errors or omissions, and Customer uses the Website and the data thereon at its own risk. EV does not guarantee that this Website will be available for use at all times, and reserves the right to take offline or shut down the Website at any time for any reason at its absolute discretion and without notice. The Website may contain links to third-party websites. Customer understands that EV has no control over such sites, does not endorse, has not reviewed and is not responsible for the content or availability of such sites. Customer acknowledges that use of such third-party sites is at Customer’s own risk.
  5. Confirmed Orders Cannot Be Cancelled. Customer orders placed through the Website will be assigned a confirmation number when accepted by Elemetal Vault. Upon acceptance by EV, the order is considered a “Confirmed Order”, which is a legally-binding agreement between Customer and EV, and such Confirmed Orders cannot be cancelled by Customer. An order is not considered valid or binding until accepted and assigned a confirmation number by EV.
  6. Right to Refuse Order. Elemetal Vault reserves the right to refuse any order made by Customer on EV’s Website or otherwise for any reason, including, but not limited to, orders placed where the quoted spot price of a product is incorrect due to typographical, technical, or system error. EV reserves the right to refuse delivery to any destination. (EV currently delivers only within the U.S.)
  7. Application of Funds. Customer funds submitted to or held by Elemetal Vault will be applied by EV to any outstanding monetary obligation owed by Customer to EV, beginning with Customer’s oldest obligation. EV may offset any monetary obligation it has to Customer against any monetary obligation of Customer to EV. Funds submitted to EV by Customer or that result from Customer’s sale of its Metal holdings will be held in a pooled account of EV customers (the “Pool Account”). Customer bears all risks relating to obligations of the bank(s) where Customer’s funds are held. Under no circumstances will EV be liable to Customer for any interest on Customer funds held in Customer’s own bank accounts, the Customer Account, the Pool Account or otherwise.
  8. Settlement, Delivery and Ownership of Metal in Vault. Upon purchase of Metal by Customer, the due funds will be deducted from Customer’s Account and paid to Elemetal Vault. EV or its affiliate will then: (a) arrange for the purchased Metal to be transported, deposited and allocated to Customer or, (b) if the Metal is already located in the Vault’s Pool Account, allocate the Metal to Customer – which EV will endeavor to complete within two business days after Customer’s purchase. Customer acknowledges that when it purchases Metal using funds from its Customer Account, Customer effectively owns and has title to a portion of Metal in the Pool Account, which includes Metal of other EV customers. Customer further acknowledges that its ownership of Metal does not necessarily correspond to a particular bar or other form of bullion, but rather to a specific quantity of Metal in the Vault. The Vault will receive, accept delivery, and be the custodian of the Metal.
  9. Physical Delivery of Precious Metals to Customer. Customers who elect to receive physical delivery of their portion of Metal in the Pool Account may choose such Metal from the Website list of available deliverable products. Customer authorizes EV to share its name and shipping address with bullion providers and freight carriers selected by EV for this purpose. Customer is responsible for associated conversion and delivery charges.
  10. Settlement of Funds. When Customer sells its Metal, the amount of Metal sold will be debited from Customer’s Account. Elemetal Vault will endeavor to make such sale proceeds available to Customer within two business days after the sale.
  11. Business Day. Business days are Monday through Friday, excluding US bank holidays. All transactions, including but not limited to, purchases, sales, and withdrawal requests made after 4:15pm CTS are considered as being made on the next business day.
  12. Taxes. Customer is responsible for all applicable taxes relating to each transaction.
  13. DISCLAIMER OF WARRANTIES. CUSTOMER AGREES THAT NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, SHALL BE BINDING UPON ELEMETAL VAULT EXCEPT AS SPECIFICALLY EXPRESSED IN WRITING HEREIN. EV SPECIFICALLY DISCLAIMS AND CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT EV DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF GOOD AND WORKMANLIKE PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR GRADE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE, THAT RELATE TO ANY SERVICES OR PRODUCTS PROVIDED BY EV, OR ANY OTHER ASPECT OF CUSTOMER’S DEALINGS OR TRANSACTIONS WITH EV.
  14. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE T&C, UNDER NO CIRCUMSTANCES SHALL ELEMETAL VAULT BE LIABLE TO CUSTOMER FOR ACTUAL DAMAGES, LOST PROFITS, DAMAGE TO REPUTATION, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROGRAMS OR DATA ON CUSTOMER INFORMATION-HANDLING SYSTEMS, INTEREST, ATTORNEYS’ FEES, OR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES INCURRED BY CUSTOMER ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED HEREIN, INCLUDING BUT NOT LIMITED TO CUSTOMER’S USE OF THE WEBSITE OR OTHER WEBSITES LINKED THERETO.
  15. INDEMNITY. AS A CONDITION TO BEING PERMITTED TO OPEN AND MAINTAIN A CUSTOMER ACCOUNT WITH ELEMETAL VAULT, MAINTAIN FUNDS ON DEPOSIT WITH EV FOR MAKING PURCHASES AND SALES OF METAL, PHYSICALLY STORING METAL IN THE VAULT, AND OTHERWISE TRANSACT WITH EV, CUSTOMER AGREES THAT IF CUSTOMER FAILS TO COMPLY WITH ANY OF ITS OBLIGATIONS, REPRESENTATIONS OR WARRANTIES HEREIN, CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EV, ITS AFFILIATES, PARENT, SUBSIDIARIES AND ANY SUB-CUSTODIAN, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS AND SHAREHOLDERS (COLLECTIVELY, THE “EV RELEASEES”) FROM AND AGAINST ANY AND ALL INJURIES, LOSS, COSTS, SUITS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, EXPERT FEES, AND ALL COSTS OF DEFENSE OF SUCH CLAIMS, INCLUDING ALL LIABILITIES, CONSEQUENTIAL LOSSES, FINES, PENALTIES, JUDGMENTS, SETTLEMENTS, LOSSES, COSTS OF STORAGE/ HANDLING/ DISPOSAL, PUNITIVE OR EXEMPLARY DAMAGES, STATUTORY DAMAGES AND CLAIMS BY ANY STATE, THE U.S. GOVERNMENT OR THEIR AGENCIES, THAT EV RELEASEES MAY INCUR OR TO WHICH IT MAY BE SUBJECT AS A RESULT OF SUCH FAILURE BY CUSTOMER. THE AFORESAID INDEMNIFICATION, DEFENSE AND HOLD-HARMLESS OBLIGATIONS OF CUSTOMER SHALL APPLY NOTWITHSTANDING THE ALLEGED NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT OR GROSS), STRICT LIABILITY OR OTHER FAULT OF EV RELEASEES, AND SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THE BUSINESS DEALINGS BETWEEN CUSTOMER AND EV.
  16. Applicable Law. The rights and obligations of Elemetal Vault and Customer provided for in these T&C, and any breach thereof, whether sounding in contract, tort or otherwise, shall be governed and construed in accordance with the laws of the State of Texas, excluding that state’s choice-of-law principles.
  17. Authorization of Elemetal Vault. Customer hereby authorizes and appoints Elemetal Vault as its attorney-in-fact for the purpose of carrying out the EV services described herein, including but not limited to: accepting, receiving, inspecting, authenticating, holding as custodian, reporting on, transferring or delivering Metal in and out of the Vault and the Pool Account; and establishing and administering Customer’s Account, including, but not limited to, accepting, receiving, transferring Customer’s funds in and out of Customer’s Account, and accessing Customer’s Account to assist Customer with online transactions.
  18. Storage Provider; Access. The initial Vault shall be Brink’s Global Services U.S.A., Inc. or one of its affiliates. At any time and in its sole discretion, Elemetal Vault may select a new or additional Vault(s). EV, and not Customer, will interact, communicate and contract with the Vault. Customer hereby waives its right to enter the Vault facilities.
  19. Reports. Elemetal Vault will provide Customer with transaction confirmations and monthly statements, generally via electronic mail correspondence.
  20. Fee Schedule. Elemetal Vault’s schedule of charges, including but not limited to storage, withdrawal, transportation and bank wire fees, are set forth on the Website. Payment of such charges are due when posted, and Customer agrees that EV may deduct such charges from Customer’s funds on deposit. If Customer has insufficient funds on deposit to pay such charges when posted, then Customer shall promptly make such additional funds available through the deposit of additional funds and/or sale of Metal. If EV does not receive payment of charges within 30 days after posted, then EV may access Customer a late fee of $15 per month or 5% per month of any amount past due, whichever is greater, for as long as the past-due amount remains unpaid.
  21. Payment. Elemetal Vault accepts payment by bank wire, personal check, or ACH transfers. Funds must be received and credited to Customer’s Account before Customer is able to make a purchase. Under no circumstance will EV be liable to Customer for any interest on Customer’s Account.
  22. Security Interest. Customer hereby grants Elemetal Vault a lien and continuing security interest in and to Customer’s Account and all the Metal held from time to time in Customer’s Account or the Pool Account, whether now owned or hereinafter acquired, to the extent any unpaid charges accrue on Customer’s Account. If Customer fails to make full payment of all due and outstanding charges within 30 days after posted, then EV may sell all or portions of the Customer’s Metal to satisfy the delinquency. EV will return to Customer any balance that may remain from such sale after deducting the amount owed plus any costs incurred by EV in collecting the delinquency, including, but not limited to, its reasonable attorney’s fees and costs.
  23. Insurance. Elemetal Vault agrees to maintain, directly or through its affiliates, insurance coverage of such types and amounts as are commercially reasonable. Upon written request from Customer, EV will provide a certificate of insurance evidencing insurance coverage of Customer’s Metal held in the Vault.
  24. Actions for Inactive Accounts. If Customer fails to access its Account for a period of 5 years or longer, Customer’s Account will be determined to be inactive. Elemetal Vault will then make reasonable efforts in its absolute discretion to locate Customer or Customer’s successors. If, as a result of these efforts, Elemetal Vault is unable to locate Customer or Customer’s successors, Customer’s Account will be closed with all and any metal or funds in the Account being forfeited and paid to Elemetal Vault. Elemetal Vault may charge a fee with respect to actions taken to locate Customer.
  25. Recording of Telephone Conversations. Elemetal Vault may record telephone conversations between EV and Customer, and Customer consents to such recordings.
  26. Termination. Customer or Elemetal Vault may discontinue their business dealings with the other for any reason upon notice of termination to the other party. Upon termination, EV may remove all of Customer’s property in EV’s possession or control, liquidate Customer’s Metal holdings and return Customer’s funds. Notwithstanding such termination, Customer shall remain responsible for the payment of charges due and payable for the period prior to the termination.
  27. Order Cancellation. In addition to those rights and remedies available to Elemetal Vault under these T&C, if, at any time, Customer fails to comply with any term set forth herein, EV may cancel any pending order from Customer (whether such pending order be for a purchase or sale, and whether confirmed or not) and/or close Customer’s account.
  28. Force Majeure. Elemetal Vault is not liable for any loss, damage of destruction of Customer’s Metal or for any delay or non-performance of service caused, in whole or in part, by the occurrence of any contingency beyond its control, including without limitation transportation failure or delay, natural disaster, or shortage of materials.
  29. Risks of Investment. Customer represents and warrants that Customer has sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Elemetal Vault. Customer acknowledges that Customer is making independent investment decisions and that EV is not making any recommendation with respect to Customer’s purchases or sales. Customer acknowledges that Customer’s investment decisions are subject to a variety of risks that are beyond EV’s control and to which EV is not liable or responsible, including without limitation, price volatility and inability to liquidate. Customer’s investment decisions are Customer’s sole responsibility.

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Store your precious metals, gold, and silver in a secure bullion vault storage. With Elemetal Vault, we partner with the most trusted secure vault facilities in the world to keep your investment safe. When you purchase gold and silver on the Elemetal Vault bullion exchange, you own the metal, it is yours to hold or sell, even as it's in transit to the vault. Your metal belongs to you until you choose to sell it or settle your account using one of our versatile settlement options.

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