Terms and Conditions

 Terms and Conditions   Agreement between User and eppreciousmetals.com   Welcome to eppreciousmetals.com. The eppreciousmetals.com website (the "Site") is comprised  of various web pages operated by EverPure Precious Metals ("EPPrecious Metals").  eppreciousmetals.com is offered to you conditioned on your acceptance without modification of  the terms, conditions, and notices contained herein (the "Terms"). Your use of  eppreciousmetals.com constitutes your agreement to all such Terms. Please read these terms  carefully, and keep a copy of them for your reference.   eppreciousmetals.com is an E-Commerce Site.   Precious metal dealer, we create our own bullion, bars, coins, and rounds. We also sell all types of  precious metals brands, and types of precious metals.   Privacy   Your use of eppreciousmetals.com is subject to EPPrecious Metals's Privacy Policy. Please  review our Privacy Policy, which also governs the Site and informs users of our data collection  practices.   Electronic Communications   Visiting eppreciousmetals.com or sending emails to EPPrecious Metals constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.   Your Account   If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that EPPrecious Metals is not  responsible for third party access to your account that results from theft or misappropriation of  your account. EPPrecious Metals and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion.   Children Under Thirteen   EPPrecious Metals does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use eppreciousmetals.com only  with permission of a parent or guardian.   Cancellation/Refund Policy   Returns must be made within 30 days of purchase. The item will be refunded in full unless product  has been changed or damaged. All returns are subject to restocking fee.  Links to Third Party Sites/Third Party Services   eppreciousmetals.com may contain links to other websites ("Linked Sites"). The Linked Sites are  not under the control of EPPrecious Metals and EPPrecious Metals is not responsible for the  contents of any Linked Site, including without limitation any link contained in a Linked Site, or any  changes or updates to a Linked Site. EPPrecious Metals is providing these links to you only as a  convenience, and the inclusion of any link does not imply endorsement by EPPrecious Metals of  the site or any association with its operators.   Certain services made available via eppreciousmetals.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  eppreciousmetals.com domain, you hereby acknowledge and consent that EPPrecious Metals may  share such information and data with any third party with whom EPPrecious Metals has a  contractual relationship to provide the requested product, service or functionality on behalf of  eppreciousmetals.com users and customers.   No Unlawful or Prohibited Use/Intellectual Property   You are granted a non-exclusive, non-transferable, revocable license to access and use  eppreciousmetals.com strictly in accordance with these terms of use. As a condition of your use of  the Site, you warrant to EPPrecious Metals that you will not use the Site for any purpose that is  unlawful or prohibited by these Terms. You may not use the Site in any manner which could  damage, disable, overburden, or impair the Site or interfere with any other party's use and  enjoyment of the Site. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site.   All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of EPPrecious Metals or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.   You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  EPPrecious Metals content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of EPPrecious Metals and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of EPPrecious Metals or our licensors except as expressly authorized  by these Terms.   Third Party Accounts   You will be able to connect your EPPrecious Metals account to third party accounts. By  connecting your EPPrecious Metals account to your third party account, you acknowledge and  agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information  about you to be shared in this manner, do not use this feature.   International Users   The Service is controlled, operated and administered by EPPrecious Metals from our offices  within the USA. If you access the Service from a location outside the USA, you are responsible  for compliance with all local laws. You agree that you will not use the EPPrecious Metals Content  accessed through eppreciousmetals.com in any country or in any manner prohibited by any  applicable laws, restrictions or regulations.   Indemnification   You agree to indemnify, defend and hold harmless EPPrecious Metals, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  EPPrecious Metals reserves the right, at its own cost, to assume the exclusive defense and control  of any matter otherwise subject to indemnification by you, in which event you will fully cooperate  with EPPrecious Metals in asserting any available defenses.   Arbitration   In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.   Class Action Waiver   Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EPPrecious Metals agree otherwise, 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.   Liability Disclaimer   THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. EVERPURE PRECIOUS METALS AND/OR ITS SUPPLIERS  MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.   EVERPURE PRECIOUS METALS AND/OR ITS SUPPLIERS MAKE NO  REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,  TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,  SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY  PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL  SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF  ANY KIND. EVERPURE PRECIOUS METALS AND/OR ITS SUPPLIERS HEREBY  DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,  INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL EVERPURE PRECIOUS METALS AND/OR ITS SUPPLIERS BE LIABLE FOR  ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,  WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF EVERPURE PRECIOUS METALS OR ANY OF  ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,  THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED  WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.   Termination/Access Restriction EPPrecious Metals reserves the right, in its sole discretion, to terminate your access to the Site and  the related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts  and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all  disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any  jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,  this section.   You agree that no joint venture, partnership, employment, or agency relationship exists between  you and EPPrecious Metals as a result of this agreement or use of the Site. EPPrecious Metals's  performance of this agreement is subject to existing laws and legal process, and nothing contained  in this agreement is in derogation of EPPrecious Metals's right to comply with governmental, court  and law enforcement requests or requirements relating to your use of the Site or information  provided to or gathered by EPPrecious Metals with respect to such use. If any part of this  agreement is determined to be invalid or unenforceable pursuant to applicable law including, but  not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or  unenforceable provision will be deemed superseded by a valid, enforceable provision that most  closely matches the intent of the original provision and the remainder of the agreement shall  continue in effect.   Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and EPPrecious Metals with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and  EPPrecious Metals with respect to the Site. A printed version of this agreement and of any notice  given in electronic form shall be admissible in judicial or administrative proceedings based upon or  relating to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.   Changes to Terms   EPPrecious Metals reserves the right, in its sole discretion, to change the Terms under which  eppreciousmetals.com is offered. The most current version of the Terms will supersede all previous  versions. EPPrecious Metals encourages you to periodically review the Terms to stay informed of  our updates.   Contact Us   EPPrecious Metals welcomes your questions or comments regarding the Terms:   EverPure Precious Metals   39 Lynnway   Lynn, Massachusetts 01902   Email Address:  everpurepreciousmetals@gmail.com  Effective as of December 13, 2023