PMCAPITAL.COM, LLC TERMS OF USE & ACCOUNT AGREEMENT

LAST UPDATED: April 21, 2017

Your Use of This Website is Governed by These Terms and Conditions

By using this website and placing orders, you signify your agreement to the Terms and Conditions and the PMCapital.com, LLC Account Agreement (the “Agreement”). These terms apply to every web page on www.PMCapital.com and any purchase order placed with PMCapital.com, LLC (the “Company”). Please check back periodically for changes, as the Company reserves the right to update or modify these Terms and Conditions and the Agreement at any time and without prior notice. If, at any time, you deem a modification to be unacceptable to you, termination of this agreement is your only recourse. Your continued use of this website following any posted modifications constitutes your acceptance and agreement to follow and be bound by these Terms and Conditions and Agreement as changed. For this reason, we encourage you to review these Terms and Conditions and Account Agreement whenever you use this website.

You Must be 18 or Older to Use this Website and Enter Into an Account Agreement

You must be at least eighteen (18) years of age and possess the capacity to read and understand in order to enter into an Agreement with the Company. If you are not yet 18, do not understand the terms or language used within these Terms and Condition and the Account Agreement, or are accessing this website from any country where this material might be prohibited, please exit now.

Definitions

As used in this Agreement, the following definitions will apply: “Agreement” shall mean these Terms and Conditions and the Account Agreement (including any terms incorporated by hyperlink). “Client”, “I”, “you”, or “your” shall mean the person or persons using this website or entering into a purchase Agreement. “We”, “us”, “the company” or “our”, shall mean The Company and its owners. “Site” shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site.

Notification

These Terms and Conditions and Account Agreement server as your purchase agreement and are notification of such. Your Account Agreement governs your purchase or sale transactions and are incorporated by reference into and made part of this Site.

Account Agreement

The PMCapital.com, LLC Account Agreement (the “Agreement”) is made by and between PMCapital.com, LLC, its affiliates, and assigns (collectively, “PM Capital”) and the Client on the date contained within the Agreement. This agreement shall be for the purchase, sale, and storage of various precious metals products sold to the Client by the Company. Products shall include, but are not limited to, numismatic coins, semi-numismatic coins, bullion coins and bars.

1.     Payment: Client agrees to satisfy all payments for products purchased and applicable shipping and storage costs.  The Client is responsible for any other costs imposed by government or jurisdiction in taxing or assessments relating to precious metals or other products purchased from the Company.

2.     Non-Payment: If entire balance is not paid in full and received by the Company within five (5) business days of the Effective Date below, the Company may at its discretion cancel the order and dispose of the order items acquired on behalf of the Client without notification to the Client, unless required by law to do so. The Client will be responsible for any associated cost of disposal including those incurred by the Company as a result of non-payment.  Costs may include those associated with liquidation by auction or selling at wholesale that may be lower than the traditional buy back cost.

3.     Delivery: Products purchased from the Company will be delivered to the Client or storage facility within twenty-eight (28) days of receipt and verification of full payment by the Client.  The Company will insure all products sent to the Client or to storage facility.   It will be the sole responsibility of the Client to notify the Company within five (5) business days of any lost or damaged goods that occur during shipment to the Client.  The Company will replace any damaged product and will be responsible for proper delivery to the Client.  The Client must keep in their possession all original packaging, provide any documentation regarding loss and agree to cooperate with the Company during the process of remedying damage or loss in transit.  The Company may, at its discretion, charge a fee for shipment of product to the Client.

4.     Refunds or Returns: All sales are final and not subject to cancellation unless the state in which the Client resides allows for such. The attached Addendum includes state-required disclosures and rights of cancellation.

Returns: Approved product returns will be considered provided the following conditions are met, a) the quality of the product has been compromised or damaged during transit, or b) the product grade is in dispute.  The Client shall ensure that the product has not been opened or tampered with in any way.  The Company reserves the right to replace the disputed product or allow the Client to upgrade to a different product provided the Client agrees to pay any difference in cost.  All disputes or Client concerns should be made with fifteen (15) calendar days of delivery.  The Client agrees to be responsible for inspection of product for each delivery and ensure its condition and quality.

5.     Pricing: Price quoted is the entire balance and includes spread, which is defined as the difference between the ask price and bid price.  The “Ask” price is the Company’s selling price to the consumer or investor; the “Bid” price is the cost to the Company for acquiring the product. This difference is commonly referred to within the industry as the “Spread”.  The Spread percentage and amount will vary by metal and product type.  The Spread can vary based on volume and other factors.  The Company Spread on bullion coins and bars (move in harmony with market spot price of the particular precious metal) may be between two (2) and thirteen (13) percent. The Company Spread on semi-numismatic coins and numismatic coins may be between seventeen (17) and thirty-three (33) percent. The average Company Spread among its various products is twenty-eight (28) percent. The Company Spread ranges are subject to change based on supply and demand economic factors.  Actual product Spreads may be higher or lower on any given transaction.  The Company desires to impress upon the Client to ensure understanding that numismatic coins carry a premium value often much higher than the content of actual precious metal.

6.     Buy Back: Current regulations do not allow for the Company to guarantee or offer as a guarantee when making a presentation to purchase a metals product from the Client after having sold to the Client. As such, the Company does not guarantee or warrant to purchase or buy back any precious metals that the Client purchases from the Company. The Company values its Client relationships and intends to give the highest value possible for specific metals under consideration. However, market pricing on metals can change rapidly, and as a result the Company cannot guarantee the price being offered will be equivalent to the price the Company would pay its wholesaler(s), or be at least equal to the price some other party might pay. The Company’s offer to purchase or buy back is subject to change without notice and is at the sole discretion of the Company.

7.     Grading of Precious Metals: Grading is highly subjective and represents a Grader’s impression or opinion of the specimen under consideration. Inconsistency can exist within the opinions of industry experts and small variances in grading can occur.  The Company does not offer a grading service and does not proclaim to be a grading expert.  The Company relies solely on the expertise of professional graders to independently access the value and grade of a particular precious metal product.  PMCapital.com, LLC makes no warranties as to the accuracy or systems applied to determine grade and value of the coin or precious metal being offered.

8.     Transaction of Precious Metals within an IRA: Transactions taking place within a Self-Directed IRA are more expensive to process and manage. Each self-directed retirement custodian charges its own account management fees and can vary by asset type and amount. The Company’s average Spread on the sale of precious metals within an IRA are twenty-eight (28) percent. Tax laws associate with self-directed retirement accounts are often complex and can change at will.  The Company nor its representatives are authorized to provide any financial, tax, or legal advisement. The Company suggests that Clients considering the purchase of precious metals using a self-directed retirement account, seek advice from a licensed financial, tax, or legal professional regarding objectives, risk, and consequences of entering into such a transaction. The Company accepts no liability or responsibility for any damage or loss as a result of transaction with a self-directed retirement custodian.

9.     Client Declaration and Certifications: A Client who intends to sell precious metals to the Company must confirm and warranty that the Client is involved in the precious metals industry and has expertise pertaining to said industry.  The Client also certifies that the authenticity, and corresponding value, of the each precious metal product. This certification shall be made and declared under penalty of perjury pursuant to the governing laws of jurisdiction.

10.  Other Considerations: The Company shall not be responsible for any delays, defaults, or losses due to circumstance, which are outside its ability to control. The Company’s representatives are not licensed financial or investment advisors and they are not making any recommendations for specific metals, collectables or other investment vehicles.  Due to inherent potential conflicts of interest, no Company representative can act as an agent for a Client. 

11.  Warranties and Guaranties: The Company expressly disclaims and rejects any other warranties in regards to precious metals and their merchantability or applicability for a specific purpose. The Client hereby agrees and confirms that no warranties or guarantees have been made pertaining to the future value of coin, collectable, numismatic or precious metal product of any kind.

12.  Entire Agreement: This Agreement sets forth the entire agreement between the Company and the Client and supersedes all prior negotiations, understandings, and agreements between the Parties and shall be considered the final and exclusive contract between the parties. No amendment or modification, oral or otherwise written, of this Agreement shall be made.

13.  Breach of Contract: If there is a breach by either party to any party to this Agreement, immediate written notification must be made to the party in question and the party in question must be open for resolution and correction of controversy or claim.

14.  Governing Law and Venue: The laws of the State of Utah shall govern this Agreement. Any litigation between the parties shall take place in the applicable courts located in Utah County, Utah, which state and federal courts shall have, exclusive jurisdiction over this Agreement, and the parties expressly consent to such jurisdiction and venue.

15.  Arbitration: By executing this Agreement, the Client and the Company hereby mutually agree that any and all disputes which may arise between them shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (“AAA”). Client and Company further agree that each party will bear its own costs and attorneys’ fees incurred in connection with the AAA proceeding. Both parties understand and agree they are waiving the right to a jury trial or trial before a judge. Neither the Client nor the Company shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (“FAA”), and, to the extent any provision of the FAA is inapplicable, the laws of the state of Utah.

16.  Severability: If any provision or part of this Agreement is, for any reason whatsoever, to be adjudged by any court or tribunal of competent jurisdiction or to be held to be invalid, unenforceable or illegal, such judgment or holding shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provision or part of this Agreement directly involved in the matter, controversy or proceeding in which such judgment or holding shall have been rendered, and the remainder of this Agreement shall remain in full force and effect.

Risk Disclosure

The Company is not a licensed financial investment advisor, and does not offer investment advice or analysis, including the suitability of an investment for an investor. The Company does not sell any products which require registration as a financial investment advisor. Any education, opinions, or forecasts expressed herein is not intended to be construed as investment advice. Further, the Company does not offer retirement planning or advice regarding the allocation of retirement funds into a particular investment vehicle. Anyone considering adding precious metals to their retirement portfolio should carefully consider the suitability of a particular transaction, and may seek financial advice from a licensed professional.

All investing involves risk; precious metals, including coins and bullion are no exception. Valuation of precious metals is subject to many economic factors. The price of precious metals can go down in price as well as up; investing in them is not suitable for everyone. We encourage you to carefully consider whether a particular transaction is appropriate for you, based on your experience, objectives, financial resources, and other relevant circumstances. If you do not understand the risks involved in investing in precious metals, you should consult your own financial, tax, and legal professionals to evaluate risks, consequences, and suitability of the transaction.

Past performance is no guarantee of future results and may not consider potential deductions for fees which may reduce actual realized returns. Any historical returns may not reflect actual performance and any investor may experience different results from those displayed on charts and graphs. Some of the statements contained herein are forward-looking statements. You should not rely upon forward-looking statements as predictions of future events. These statements involve known and unknown risks, uncertainties, and other factors that may determine actual results or performance to be materially and adversely different from any future results or performance expressed or implied by these forward-looking statements.

The Company considers investing in precious metals to be a long-term investment, and should be held for at least 3-5 years. Further, the Company suggests not allocating more than 20% of your portfolio to alternative assets, such as precious metals.

Chargebacks and Reversals

We handle all chargebacks and reversals as potential cases of fraudulent use of our products/services and/or theft of products/services. In cases where we have provided a product/service and we have verified that a client has received a product, possible actions taken by the Company may include filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.

Copyright Notice

All of the Content you see and hear on the Company website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company, one of its affiliates or by third parties who have licensed their materials to the Company. The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Company reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from the Company.

Trademarks & Registered Trademarks

All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.

Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by the Company in accordance with the Site’s Privacy Policy as posted. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Company shall be and remain the exclusive property of the Company. Your submission of any such Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Correction of Errors and Inaccuracies; Risk of Loss

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Disclaimers – General

The Company website is operated by the Company on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law the Company disclaims any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the Company does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. The Company does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on the website, or about any website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. The Company makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. The Company assumes no risk or responsibility for your use of any of the content provided on this website.

Limitation of Liability

Under no circumstances, shall the Company or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any the Company has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.

Indemnity

You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney’s and expert witness’ fees) arising by reason of your purchase or use of the web site or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.

Electronic Records

You agree to the use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with the Company. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to the Company’s use of electronic records in court should it be necessary to enforce the terms of this agreement.

Waiver

No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Entire Agreement

This agreement constitutes the entire understanding with regard to your purchase and affiliation with the Company and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. By ordering from the Company or utilizing services of the Company you hereby acknowledge that you have read the above terms and conditions, understand them, and agree to be legally bound by them.

Enforcement of Terms and Conditions

By accessing and using the Company website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Utah, United States.

Any questions regarding these Terms and Conditions should be directed to PMCapital.com, LLC, Attn: Legal, 125 East Main Street #522 American Form, Utah 84003.