Legal Documents

This Client Agreement (“Agreement”) is entered into by and between Vault Runner, Inc. (“Company”) and you (“Customer”) and shall govern all pending and future transactions of precious metals between Company and Customer using the Company’s application, website, network, platform and services (the “Services”).

IT IS IMPORTANT THAT YOU CAREFULLY READ AND FULLY UNDERSTAND THIS AGREEMENT, WHICH GOVERNS THE PARTIES’ RIGHTS AND OBLIGATIONS, LIMITS THEIR LIABILITY AND ESTABLISHES THEIR REMEDIES. YOU SHOULD CONSULT WITH YOUR ATTORNEY AND/OR FINANCIAL ADVISOR BEFORE AGREEING TO THIS AGREEMENT. BY AGREEING TO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT AND AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.
ALL INVESTMENTS INVOLVE RISK – PRECIOUS METAL AND BULLION ARE NO EXCEPTION, THE VALUE OF A BULLION COIN OR BAR IS AFFECTED BY MANY ECONOMIC FACTORS, INCLUDING THE CURRENT MARKET PRICE OF BULLION, THE PERCEIVED SCARCITY OF THE COINS, CURRENCY MARKETS, STOCK MARKETS AND OTHER FACTORS (INCLUDING ACTUAL CURRENT DEMAND AND GENERAL MARKET SENTIMENT). ALL INVESTMENTS, INCLUDING PRECIOUS METALS INVESTMENTS, MAY DECLINE IN VALUE. THEREFORE, CONDUCT YOUR INDEPENDENT RESEARCH AND UNDERSTAND THE RISK.

1.  DEFINITION

The following terms shall have the meaning sets out below:

  1. Customer Account” or “Account” means the electronic record with Company of (i) in respect of Metal, the quantity in grams or ounce of gold, silver, platinum, or palladium held by Customer (or on Customer’s behalf) at the Vault; (ii) the balance of money available to place order via the Services; (iii) the transactions conducted on the Services; and (iv) any fees paid by Customer for the use of the Services.
  2. Metal” means the physical gold, silver, platinum or palladium.
  3. Vault” means the third party service provider appointed by Company to store the Metal on behalf of Customer or Company.

2.  ACCEPTANCE OF THE CLIENT AGREEMENT

  1. The relationship between Customer and Company shall be defined and governed by this Agreement. It shall apply to all transactions and activities conducted by the Customer on the Services.
  2. Company shall not be obliged to provide the Services unless Company has verified and accepted the Customer. Company may accept or reject a Customer in its sole discretion. Company may also remove, suspend or terminate any previously granted acceptance at any time. Customer shall provide Company complete and accurate information at all time.
  3. Customer is responsible for the accuracy of his/her instruction for all transactions conducted on the Services. Instructions once sent are final and irrevocable. Customer shall monitor his/her Account closely to ensure no unauthorized transactions are being conducted on his/her Account. Customer shall notify Company of any suspicious activities on his/her Account. Customer shall notify Company within ten (10) business days of any disputed transaction(s).
  4. Customer shall comply with the terms and conditions contained herein, the Terms of Service and Privacy Policy, and with all relevant laws and regulations applicable in any territory or jurisdiction where Customer resides, is a citizen of, or accesses the Services from, where the Vault is located, and any other laws and regulations applicable to the Services.

3.  COMPANY’S ROLE & OBLIGATIONS

  1. Company is a commercial dealer of precious metal and service provider, assisting Customer in the purchase, transfer, sale, storing and shipping of Metal. Company is not a bank, an exchange or brokerage house; nor does any of its employees act as an agent, broker or fiduciary for any of Company’s customers. The Customer Account shall not be considered a bank account. Therefore, it is not insured by the Federal Deposit Insurance Corporation or any comparable governmental agency. Company shall not pay any interest to Customer on any Customer Account, other than the revenue made on the sale or the Metal. The use of the Services does not constitute a trading of, or an exchange in, securities, investment contracts, or any other instruments commonly known as a “security” at law or otherwise.
  2. Customer hereby authorizes Company to arrange for the purchase or sale, transfer, storage, transportation and insurance of the Metal.
  3. Customer acknowledges and agrees that Company shall use third party vendors and service providers to provide the Services and Company shall not be held responsible for any actions or inactions of such third-party vendors and service providers.
  4. Company shall provide the Services on a best effort basis only and is not responsible for ensuring that access to the Services is continuous, without interruption or errors, or bug-free.
  5. Company shall not be responsible for inability to access the Services or execute a transaction due to delays in transmission, breakdown or failure of the operators’ networks or the internet, communication failures, or any other cause beyond Company’s reasonable control or anticipation, including, without limitations, volatile markets and/or trading disruptions.

4.  CUSTOMER ACCOUNTS 

  1. A Customer Account is self-directed, meaning the Customer is solely responsible for all transaction decisions. Any reliance upon a Customer’s order or recommendation by Company shall not relieve Customer of his/her responsibility for such transaction or its outcome.
  2. To open an Account, the Customer must provide certain information, including personal information necessary to comply with applicable laws and regulations, including, without limitation, the “know-your-client” regulations. Customer acknowledges and agrees that s/he must provide complete, accurate, and not-misleading information to open a Customer Account and shall keep such information up to date while using the Account. Please refer to the Privacy Policy for the Company’s policy and procedure in connection with private information.
  3. Company may, in its sole discretion, lock, suspend, or terminate a Customer Account if it suspects that the information provided by the Customer is incorrect, out of date or misleading, or if Customer is under investigation, or has failed to comply with the requirements hereunder.
  4. To access a Customer Account, the Customer must have a unique login and password. Customer shall keep his/her login and password confidential and may not share such information with any third party, nor shall Customer allow another to access his/her Account. Company shall not be responsible for any transaction, order, or instruction made on a Customer Account using the proper login and password. In the event that Customer loses or forgets his/her password, a new password may be requested via the Services.
  5. Customer may buy, sell, transfer, store and ship Metal through his/her Account. Company may add and/or remove functionalities from time to time. All transactions, orders, and other services Company may provide from time to time will be subject to this Agreement.
  6. When Customer places an order via his/her Account, s/he authorizes Company to: (i) purchase, sell or transfer Metal at a set-price; (ii) instruct the wholesaler to deliver such Metal to Customer or Customer’s Vault, and (iii) record the transaction (increase or decrease) of Metal in the Customer Account. Once ordered, a transaction is irrevocable and irreversible.
  7. Any instruction provided by Customer that exceeds his/her recorded amount of Metal in the Vault, or is declined by the Customer’s financial institution, the credit card company, or virtual wallet will be deemed null and void and Company shall not act upon such instruction.
  8. Company reserves the right to put a hold on a transaction, which it considers, in its sole discretion, potentially high-risk, fraudulent, unauthorized, or illegal. If a transaction is being reviewed, Company shall notify the Customer of the hold and after further investigation will either clear or cancel the transaction. Company will not be liable to Customer for any canceled transaction.
  9. Company will not allow access to a Customer Account, the Customer’s Vault or Customer’s information to anyone other than the Customer (including, without limitation, creditors, heirs or representatives), without the Customer’s express written permission, a valid warrant or other court order.
  10. The Services may not be available to the residents or citizens of certain countries or jurisdictions.

5.  STORAGE, DELIVERY AND COLLECTION

  1. Company has entered into a valid agreement with a reputable service provider to store and hold the Metal (the “Vault Provider”). Customer shall enter into an agreement directly with such Vault Provider to store his/her Metal, or, to the extent Company provides such services, Customer may request Company to store his/her Metal within the Company’s Vault, in which case Company shall store the Customer’s Metal in trust for the Customer’s benefit. In either case, Customer acknowledges and agrees that the terms and conditions of the Vault Provider (including, without limitation, insurance, audit, and the responsibility and liability provisions) shall apply to all storage of the Metal in the Vault.
  2. Company shall not pay any interest on the Metal stored in the Vault and/or any money on the Customer Account, other than the revenue made by Customer upon the sale of the Metal.
  3. To the extent that Company offers to store the Customer’s Metal in its own Vault, on Customer’s behalf, Customer shall keep the Metal free from liens, encumbrances, charges or claims.
  4. Upon Customer’s request, once a purchase order is finalized, Customer may, in his/her sole discretion, arrange for the Metal to be sent to his/her Vault, or shipped directly to him/her. Customer acknowledges that shipping is provided directly by the wholesaler and the Wholesaler’s terms and conditions, including without limitation, insurance policies, shall apply to all shipping and transportation of the Metal.

6.  PLACING AN ORDER

  1. Customer may place an order via the Services or by phone. Telephonic order will be recorded. An order will be finalized only upon confirmation of receipt of payment by Company and Customer understands that prices are not locked in until payment is received and confirmed. Orders for which payment is not received shall be voided and Company is not obliged to notify Customer that such orders have been canceled.

 7.  DORMANT ACCOUNT(S)

  1. If Customer fails to access his/her Account for a period of seven (7) consecutive years, the Account shall be deemed dormant. Company shall exercise reasonable efforts to contact and/or locate the Customer. If such efforts fail, it shall be presumed that the Customer is deceased and/or dissolved and Company shall seek to contact Customer’s heirs, successors or administrators. If after having made reasonable efforts to contact such heirs, successors or administrators, Company is unsuccessful, it may close the Customer Account and forfeit all assets connected therewith.
  2. If Customer fails to access his/her Account for a period of seven (7) consecutive years, the Account shall be deemed dormant.

8.  FEE, CHARGES AND EXPENSES

  1. Company will charge a fee for accessing its Services, as listed in the Fee Schedule. Company reserves the right to amend, waive, change and modify such fees at any time in its sole discretion. Any increase in fees shall be applicable after a thirty (30) days’ notice. Customer hereby authorizes Company for charging fees and costs associated
  2. with a transaction ordered by Customer, to the Customer’s bank account, wallet or credit card account, in the same manner and at the same time as the transaction cost.
  3. Customer shall be responsible to pay the fees owed to Company in whole, without any deduction or withholding. Unless otherwise agreed by Company, all amounts owed to Company are due and payable upon Company’s demand. Company reserves the right to put a hold on the Customer Account in the event that Customer owes outstanding fees. Without limiting Company’s remedies, Company may charge Customer interest on overdue amount at the rate of LIBOR + four percent (4%) per annum.
  4. Customer is also liable for all costs properly incurred in connection with the Services or activities conducted on the Services, including, without limitation, storing fee owed directly to the Vault Operator, shipping fee, insurance policies, and any other third-party fees and charges.
  5. Purchase transactions may be paid from a personal account (bank wire), virtual currency wallet, personal check, or debit or credit card, owned and in the name of the Customer and prices will not be locked in until such time as payment is received and confirmed by Company. Company reserves the right to limit payment methods at any time. Bullion products can only be purchased by wire transfer. All orders over $100,000 can only be made by wire transfers. Company reserves the right to modify such limit at any time.
  6. Payment transactions are conducted by third party vendor contracted by Company to provide such service. Customer acknowledges and agrees to comply with such third-party vendor’s terms and conditions and Company invites Customer to check such procedure and policy. If available, buy-back transactions will be reflected in the Customer Account within 3-5 Business Days. Customer acknowledges and agrees that Company is not obliged to buy back Metal s/he purchased via the Services.
  7. All prices are quoted in US Dollars and while Company does not charge a conversion fee, it shall not be responsible for any conversion fees and costs, or international transaction costs charged by another party; such costs shall be borne by Customer. Prices for purchase of Metal are based on Best Bid or Offer (“BBO”) as reflected by the market price, plus Company’s fee or rate.
  8. Company may restrict Customer from sending proceeds from the sale of Metal to a bank account held outside of his/her country of residence. Customer may not send any money or Metal to any restricted countries as listed on the US Treasury Department – Office of Foreign Asset Control. Company may also suspend, hold or reject a transaction, when such seems potentially unauthorized, fraudulent or illegal.

9.  INVESTMENT RISK, TAX

  1. COMPANY DOES NOT AND WILL NOT PROVIDE FINANCIAL, TAX, INVESTMENT, OR LEGAL ADVICE AND IT IS CUSTOMER’S RESPONSIBILITY TO OBTAIN SUCH ADVICE IN RELATION TO THE CUSTOMER ACCOUNT. CUSTOMER ASSUMES THE RISK OF ALL INVESTMENT DECISIONS, AND ACKNOWLEDGES AND UNDERSTANDS THAT COMPANY HAS NOT MADE AND WILL NOT MAKE (AT ANY TIME) ANY GUARANTEE, PROMISE, REPRESENTATION, OR PREDICTION REGARDING CUSTOMER’S ABILITY TO PROFIT FROM ANY TRANSACTION, OR ANY TAX CONSEQUENCES OR IMPLICATIONS OF ANY TRANSACTION. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM ANY TRANSACTION INVOLVING CUSTOMER.
  2. It is the Customer’s responsibility to determine what, if any, taxes apply to the purchase, sale, transfer, storage and delivery of Metal, and to collect, report, and remit the correct tax amount to the proper tax authority. Customer hereby hold harmless and shall forever indemnify Company for any tax obligation arising from any transaction.
  3. Customer alone shall decide what type of Metal to purchase, at what price, and if and when to sell the Metal.
  4. Customer acknowledges and agrees that unexpected news event, system failures or special events may disrupt trading. For these and other circumstances, Company may not be able to complete Customer’s order. Company reserves the right to adjust an order if the quoted price at time the order was placed and the price when the order is executed is materially different; in which circumstances, Company shall notify Customer of the change of price and Customer may proceed or cancel the order at no additional cost (i.e. no cancellation fee shall apply).
  5. ALL METAL HAVE A SPREAD BETWEEN THE ASK PRICE AND THE BID PRICE. THESE SPREADS CAN CHANGE CONSTANTLY DEPENDING ON MARKET CONDITIONS, DEMAND AND SUPPLY. CUSTOMER MUST ENSURE THAT S/HE IS COMFORTABLE WITH THE SPREAD AND FULLY UNDERSTANDS ITS MEANING PRIOR TO PLACING AN ORDER.

10.  WITHDRAWAL AND DELIVERY

  1. Customer may instruct Company to either store the Metal on his/her behalf in Company’s Vault (to the extent that Company offers such service), have the Metal stored in his/her personal Vault, or have the Metal shipped directly to him/her. All Metal shipped by Company are fully insured until signed for by the Customer or the Customer’s Vault. Delivery is made within fourteen (14) days after an order is finalized.
  2. Any discrepancies or defects in deliveries must be reported to Company within five (5) days of receipt and all original packaging materials must be reasonably kept and intact. Customer waives the right to dispute a discrepancy or defect in delivery after five (5) days of delivery. Lost or damaged shipment shall be subject to the shipping company’s terms and conditions.
  3. Customer’s refusal to accept delivery shall not entitle him/her to a refund and any packages returned to Company will be liquidated at the then current bid price, which may be less than the original purchase price.
  4. At any time, Customer may instruct Company and/or the Vault Operator (as the case may be) to ship the Metal in his/her Vault directly to him/her. All costs associated with such shipping shall be Customer’s sole responsibility and subject to the shipper’s terms and conditions (including, without limitations, insurance coverage). Any request of withdrawal other than the amount available in the Customer’s Vault will be canceled and ignored.

11. TERM AND TERMINATION

  1. This Agreement shall remain in effect and will bind the parties until such time as the Customer Account is closed.
  2. Company may in its entire discretion terminate, amend or replace this Agreement with immediate effect for any reason whatsoever. Customer may close his/her Account and terminate this Agreement by written notice to Company (email shall suffice). Upon termination, Customer can sell the Metal in his/her Vault back to Company, transfer it to another account or take physical custody from the Vault. Termination of this Agreement and closing of the Customer Account shall not affect continuing arrangements between Customer and the Vault regarding storing of the Customer’s Metal.
  3. Any accrued rights, obligations, remedies and liabilities of the Parties shall not be affected by termination of this Agreement. Any clauses of this Agreement which expressly or by implication have effect after termination shall continue in full force and effect.

12.  CANCELLATION POLICY

Once Company has issued a confirmation number, the price of the transaction is locked and firmly fixed and the transaction may not be cancelled but only offset at current asking price. Any deficit between the price at which Company sold the product to Customer and the offsetting purchase price at time of cancellation shall be Customer’s sole responsibility (if Customer cancels such transaction). Such offset amount shall be charged to Customer in addition to a cancelling fee as per the Fee Schedule.

13.  CONFIDENTIALITY AND PRIVACY

Company’s collection, processing and storage of information (including personal information) is governed by the Privacy Policy. By accepting this Agreement, you hereby agree to be bound by the Privacy Policy.

14.  REPRESENTATIONS AND WARRANTIES

  1. Each party represents and warrants that (i) it has the requisite power and authority to execute and deliver this Agreement and to fully perform its obligations hereunder; (ii) the execution, delivery and performance of this Agreement has been duly authorized; and (iii) it is not subject to any contractual or other legal obligation which will in any way interfere with its full performance of, or the other party’s rights hereunder.
  2. Customer further represents and warrants that s/he (i) is at least 18 years age or older, and/or the applicable age for majority and contractual capacity in the jurisdiction where Customer resides; (ii) is not currently restricted from using the Services or not otherwise prohibited from using similar services in any country or jurisdiction; (iii) will use the Services solely for personal use; (iv) will not share the Account information with anyone else, nor shall permit another to use such Account; (v) will comply with all applicable laws and regulations, including, but not limited to any requirements relating to disclosure and tax laws; (vi) you will not use the Services for any illegal activity; (vii) will not act in any manner that is defamatory, libelous, threatening or harassing; (viii) will not provide false or misleading information; (ix) will conduct himself/herself in a professional manner while using the Services; (xi) will not take any action that may impose an unreasonable or disproportionately large load on our infrastructure, facilitate any viruses, Trojan horses, worms or other computer malwares or programs that will interfere with the Services, such as robot, spider or other automatic devices; and (xii) will not use the Services for activities that relate to transactions involving (1) narcotics, steroids, or other controlled substances; (2) drugs; (3) illegal or criminal activities; (4) stolen goods; (5) the promotion of hate, violence, racial intolerance; (6) obscenity; (7) regulated weapons; (8) items or activities that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable laws and regulations; (9) gambling; or (10) pyramid or Ponzi schemes, matrix programs or other ‘get rich quick’ schemes or certain multi-level marketing programs.

15.  INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. Except for Company’s fraud, willful misconduct or default, or Company’s breach of this Agreement or any applicable laws, Customer shall indemnify and hold Company (including its parent, subsidiaries and affiliates), and its directors, officers, employees and agents, harmless against any loss, claim, damage, cost or expense, and any other liability whatsoever (including, without limitation attorneys’ costs and fees, and all taxes and other duties payable in connection therewith) which may be suffered (i) in connection with any services provided to Customer hereunder; (ii) as a result of the Customer’s failure to comply with his/her obligations hereunder; (iii) in the enforcement of this Agreement; (iv) for any losses or damages incurred as a result of Company acting on the instruction of another who used the Customer’s correct login information and password; or (v) in connection with any instruction given by the Customer, any transaction effected by the Customer, or Customer’s use of the Services.
  2. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTACTS WITH CONSUMERS AND AS A RESULT THE CONTENT OF THIS SECTION MAY NOT APPLY TO CERTAIN CUSTOMERS.
  3. Nothing contained herein shall limit Company’s liability in the event of death, fraud or fraudulent misrepresentation. Subject to the foregoing, in no event shall Company (including its parent, subsidiaries, and affiliates), and its directors, officers, representatives, agents, employees and vendors be liable for any special, punitive, incidental, indirect or consequential damages, including but not limited to loss profit, loss of data or loss of business, arising out of or in connection with this Agreement and/or Customer’s use of the Services. Company’s liability (if any) shall be limited to the amount of actual direct damages. In no circumstances, Company’s liability shall exceed the value of the Customer Account at the time of the alleged claim, subject to a maximum Three Hundred Dollars (US $300.00).
  4. This limitation of liability shall apply to any damage or loss resulting directly or indirectly from: (i) Customer’s use or inability to use the Services; (ii) delays in completing the transaction; (iii) the content, actions, or inactions of third parties via the Services; (iv) any loss as a result of risks associated with online trading, including software and hardware failure, loss of data, delays, errors, loss of information, power outages, internet failure, mobile provider networks failure, and hackers; and (v) fees, duties and taxes or loss as a result of theft after the Metal has been shipped at the Customer’s order.
  5. This limitation of liability shall apply regardless of (i) whether the Customer bases his/her claim on contract, tort, statute or other legal theory; (ii) Company knew or should have known about the possibility of such damages; or (iii) the limited remedies provided herein fail of their essential purpose.
  6. Company shall not be liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any of our obligations hereunder due to an event of force majeure or due to the Customer’s own negligence, fault or willful misconduct.
  7. Customer shall not he held responsible for any loss or damage caused by any unauthorized or fraudulent transaction or a breach of Company’s security (unless such breach is directly due to Customer’s actions or inactions).
  8. This section shall survive termination.

16  NO WARRANTIES

  1. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESUT THE CONTENT OF THIS SECTION MAY NOT APPLY TO CERTAIN CUSTOMER.
  2. OTHER THAN EXPRESSLY STATED OTHERWISE HEREIN, COMPANY DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. THE PRECIOUS METALS SUBJECT HERETO SHALL BE PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
  3. Company shall make reasonable efforts to ensure each transaction is processed in a timely manner but makes no representations or warranties regarding the amount of time needed to complete such transaction (order, payment, processing and shipping).

17.  WINDING UP OR BANKRUPTCY

  1. In the event that Company files for bankruptcy, or an order is made by a court of competent jurisdiction regarding the dissolution, receivership, winding-up or liquidation of Company, the appointed receiver or administrator shall make reasonable effort to notify Customer. If after seven (7) years after the appointment of the receiver or administrator, the Customer is not located, the Customer’s Account will be closed and all assets contained therein shall be considered forfeited.
  2. Subject to applicable laws and regulations and the directions of the appointed receiver or administrator, and the terms contained herein, the Customer may request distribution of his/her assets from the Vault or instruct the receiver or administrator to sell such assets at market price and transfer the cash value to his/her bank account (less any applicable fees).

18.  JURISDICTION

This Agreement and any claim, cause of action or dispute (collectively or individually a “claim”)  arising out of, or related to Customer’s use of the Services shall be governed and interpreted in accordance with the laws of California, without any regards to its conflict of law principles and the United Nations Convention for the International Sale of Goods. Except as provided below, Customer hereby agrees to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

19.  CONSENT TO ARBITRATION

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is more than ten thousand dollars (US $10,000), the parties hereby agree to resolve such claim via binding arbitration. The arbitration shall be conducted pursuant to the then existing rules and procedures of JAMS, in front of one (1) arbitrator appointed by JAMS. The arbitrator shall have sufficient experience in the trading, selling and purchasing of precious metal and/or internet e-commerce. The proceeding shall be held in Los Angeles, California and shall be conducted in English. The arbitrator shall have the right to order discovery and examination of witnesses. The award shall be final and binding and may be recorded in any courts of competent jurisdiction worldwide. The awarded party shall be entitled to recover its costs and fees (including outside attorneys’ fees and costs) associated with the arbitration.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL.

20.  MISCELLANEOUS

  1. Neither party shall have any rights against the other for the non-operation of the Services, or for the failure to perform duties, obligations or agreements hereunder if such non-operation or non-furnishing is due to a so-called force majeure event or other similar event (financial inability excepted) which materially interrupts all of such party’s business operations and which is beyond such party’s reasonable control.
  2. Except as otherwise expressly provided for in this Agreement, noting contained herein shall create, or shall be deemed to create a partnership or joint venture of any kind between the parties. No party shall have the authority to act as agent for, or to bind the other party in any way.
  3. Any notices or other communications required to be given hereunder shall be done in writing and shall be sent via email or via the “contact us” function of the Services; except that any notice of proceedings or other documents in any legal action, demand or claim shall be sent to the party’s registered address. Company’s registered address is 16192 Coastal Highway, Lewes, Delaware 19958.
  4. Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights and obligations hereunder. Customer may not assign, transfer, charge, subcontract or deal in any other manner with any of its rights and obligations hereunder.
  5. Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision of this Agreement and any law, order, rule or regulation, such law, order, rule or regulation shall prevail; provided, however, that in such event the provision of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the legal requirement, no other provisions of this Agreement shall be affected thereby, all such other provisions shall continue in full force and effect.
  6. Neither the exercise (from time to time and at any time) by Company of, nor the delay or failure (at any time or for any period of time) to exercise any right, power or remedy shall constitute a waiver of its right to exercise, or impair, limit or restrict the exercise of such right, power or remedy or any other right, power or remedy at any time and from time to time thereafter. No waiver of any of Company’s right, power or remedy shall be deemed to be a waiver of any other of its right, power or remedy or shall, except to the extent so waived, impair, limit or restrict the exercise of such right, power or remedy.
  7. This Agreement, including the Terms of Service and the Privacy Policy, incorporated herein by this reference, set forth the entire understanding between the parties and shall supersede any prior written or oral understandings.
  8. This Agreement is written in English. Notwithstanding any provision hereunder, any translation of this Agreement is provided for your convenience only and in the event of conflict between the English version and any translated versions, the English version shall prevail.
  9.  This Agreement may be amended from time to time by Company in its sole discretion. Company shall notify the Customer via its Services or via email. Customer will have to agree to the amended version in order to continue using the Services. Should Customer not agree to such amendments, s/he may cancel his/her Account at any time.

I have read this agreement and agree to its terms:

 

Name:

 

Signature:

 

Date:

Last updated August 27, 2017

VaultRunner, Inc. (“we” “our”) takes your privacy seriously. Our primary goal is to provide you with exceptional service, and we understand that you may have questions or concerns regarding your personal information and how it will be used. To make this privacy policy easy to find, we make it available from our home page and through our mobile application. You may also email us at legal@vaultrunner.com with any privacy-related questions you may have.

It’s important to know that our application may contain links to third party sites not controlled by us or covered by this notice. We recommend that you check the privacy statements of other sites you visit before providing any personal information.

APPLICABILITY OF THE PRIVACY POLICY

This privacy policy applies to all information we collect through our mobile application and/or website(s) (collectively, “Services”) and is incorporated into our Terms of Service and Client Agreement.

Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

1.        THE INFORMATION WE COLLECT

When you use our Services, we collect your cellular/wireless telephone number, the device type, machine or mobile device identification number, IP address, or mobile device ID and other similar information, and standard login information, such as your browser type and the pages you accessed. We also may collect certain geo-location information, time zone, language setting, and browser type. If you do not agree to our collection of this information, you may not be able to use our Services.

If you open an account, depending on the type of Services you use, the information we collect from you may include:

  • Identification & contact information – your name, street address, telephone number, email address, date of birth, your login and password details, and when required by law, your SSN (in whole or in part) or other potential governmental issued verification numbers;
  • Employment information – employer, title, income; and
  • Financial Information – bank account and routing numbers, virtual currency wallet information, and credit cards information linked to your VaultRunner account.
  • Under applicable “know-your-client” rules and other applicable federal and state regulations, we may collect any information necessary to confirm your identity, including background and credit reports.
  • For purposes of processing transactions, identity verification, fraud detection or prevention and other similar purposes, we also may link your machine ID with the machines of others who use your same payment cards.
  • Communications with us, such as emails, requests, chats, questions or comments, and any other communications you have with us by any means.
  • Social Web Information – including but not limited to your Facebook connect credentials (and information that you authorize Facebook share with us) and email account information. If you authorize Facebook Connect, the plug in allows us access to your friends’ contact information. We also allow you to import data from other social web services, including but not limited to Twitter, FourSquare, and email service providers. Social and e-mail contact information helps you connect to friends and contacts for invitation and payment transmission purposes (as well as helping us improve our services and fight fraud). Additionally, another VaultRunner user may mention you in a transaction in which you are not a party to by “tagging” your username in a transaction note. When you are mentioned in a transaction, a link to your profile will appear in the transaction note and you will receive a notification about the mentions. You may manage certain contact preferences and notifications in your account settings.

We are committed to providing a safe, secure and all around great service. Therefore, before permitting you to use our Services, we may require additional information from you we can use to verify your identity, address or other information or to manage risk and compliance throughout our relationship.

When you are using our Services, we collect information about your account transactions and trust relationships and we may collect information about your computer or other access device for fraud prevention and other similar purposes.

Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey and we may collect and use information for analytic purposes, market research or for marketing purposes, as allowed by law.

SOCIAL SECURITY NUMBER PRIVACY PROTECTION POLICY

In the event that we collect Social Security numbers as necessary to support state and federal legal requirements, to provide our Services, we restrict the access to Social Security numbers only to employees, agents, service providers, and government entities that require such access to meet these purposes. We strive to protect Social Security numbers from unlawful disclosure and keep them confidential by maintaining administrative, technical, and physical safeguards that comply with applicable state and federal regulations.

INFORMATION FROM CHILDREN

YOU MUST BE AT LEAST 18 IN ORDER TO USE OUR SERVICES. We do not knowingly solicit or collect information from any individuals under the age of 18. Visit the Federal Trade Commission website for more information on the Children’s Online Privacy Protection Act (COPPA).

2.        HOW WE USE THE PERSONAL INFORMATION WE COLLECT

Our primary purpose in collecting personal information is to offer you our Services and provide you with a safe, smooth, efficient, fun, customized and best experience. We may use your personal information to:

  • provide the products, services and customer support you request;
  • identify you and process your transactions and send you notices about your transactions or your network activity;
  • invoice, refund and manage your account;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement;
  • customize, personalize, measure, and improve our Services and the content and layout of our application;
  • send you updates about new products and services that we are offering to our clients;
  • comply with legal requirements, including those imposed by laws and regulations, policies and procedures and court orders, including, but not limited to tax regulations, Anti-Money Laundering obligations, international electronic fund transfers regulations and reporting obligations;
  • compare information for accuracy and verify it with third parties; and
  • perform other duties as required by law.

3.        HOW WE SHARE PERSONAL INFORMATION WITHIN OUR NETWORK

To provide our Services, we need to share some of your personal information with the person or company that is processing the transaction, verifying your identity or the information you provided, and performing services such as shipping and/or storing your products. Your contact information, date of sign-up, the product or service you ordered and other verification metrics like social graph activity may be provided to users or companies when you transact with, on, or through VaultRunner.

We work with third party vendors to purchase, ship, and store the products, and enable payments from your use of our Services. In doing so, a vendor may share information about you with us, and we may share information with them. We use this information to confirm to that vendor that you are a VaultRunner customer and that the vendor should proceed with the order, shipping and/or storing and payment for your purchase of our products or services. In these circumstances, the personal information that the service provider receives is limited to the personal information it needs to provide such service.

We will not disclose your personal information to anyone else, except with your express permission or if we are required to do so to comply with a subpoena or other legal process. We may also disclose personal information without notice to prevent fraud or abuse, to protect the rights, property or safety of VaultRunner and/or its customers, employees, service providers or the public.

HOW THE INFORMATION IS SHARED WITH THIRD PARTIES

We do not share your personal information with third parties for promotional or marketing purposes. We will not sell, rent, loan or trade your personal information to anyone.

We may share the personal information we collect about you with third parties, such as companies performing services on our behalf to provide the products or services you have requested as provided in the paragraph above.

We may share aggregated, non-personally identifiable information about you with our affiliates and with non-affiliates for analysis, market research and marketing purposes as allowed by law.

When you broadcast information to third-party services, such information is no longer under our control and is subject to the terms of use and privacy policies of such third parties. We do not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so.

Finally, we may disclose your personal information to law enforcement, government officials, or other third parties if we are compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service and Client Agreement, or as otherwise permitted or required by law.

4.        HOW WE PROTECT & STORE PERSONAL INFORMATION

We store and process your personal information using third party servers located in secure data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We also use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our office and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. Additionally, companies that provide online services on our behalf are required by contract to protect our customer information and they are only allowed to use the information they collect for the purpose of providing the services that we have contracted to them.

We make all reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your password with anyone.

If we learn of a security breach, we may attempt post a notice on our site or notify you electronically so that you can take appropriate protective steps. By using our Services, you agree that we may communicate with you electronically. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), send us an email at legal@vaultrunner.com.

FOR EU CITIZENS AND RESIDENTS

Your personal information may be transferred, processed and stored to companies, employees and servers located outside the European Union. By submitting your personal information thorough our Services, you agree to this processing, storing and transfer. We will retain your personal information for as long as you have an account with us and as required by law. If you wish to terminate your account, we will no longer use your personal information to provide you the Services but will retain copies and data necessary to comply with legal obligations, resolve disputes and enforce our agreements. To receive a copy of the personal information we have collected about you, contact us at legal@vaultrunner.com.

5.        COOKIES & OTHER TRACKING TECHNOLOGIES

When you access VaultRunner, we, may place small data files called “cookies” on your device. For example, we send a “session cookie” any time you log in to your VaultRunner account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our Services.

We may also use Flash® objects (sometimes called “Local Shared Objects”) as part of our online authentication to help us recognize your device when you come back to our Services. We do not use Flash objects for any online behavioral advertising purpose.

The third parties we contract with may use cookies or other technologies to gather interest-based information to customize the ads you see. Neither us nor the third parties collects any personally identifiable information through these cookies. We may also use aggregate data to display ads or content that may interest you.

ADVERTISING

We may use device information, particularly in mobile advertising, to help deliver our ads and measure ad campaign effectiveness. We will not collect any personally identifiable information (PII) but may collect your device information when you visit one of our sites or see our ads. Compiling and comparing this information creates a unique ID for individual devices and can be “matched” to the same information on other sites or mobile applications. Some companies we work with are also able to associate related devices into households based on common characteristics, such as IP addresses.

6.        LINKS TO OTHER SITES AND PUBLIC FORUMS AND SOCIAL MEDIA

Public forums are available on our Services, and they may include text, photographs and videos that are accessible to the general public. Unless we tell you otherwise, any information you disclose in these areas may become public information.

We also provide experiences through social media sites such as Facebook, Twitter, LinkedIn and YouTube. Any and all information you share on these Social Media sites is visible to any visitor to these sites. Refer to each social media site for their Terms of Use and Privacy Policies.

The website may contain links to other sites. We do not control the information collection of sites that can be reached through links from our Services. We encourage our users to be aware when they are leaving VaultRunner and to read the privacy statements of any site that collects personally identifiable information.

You should use caution when deciding to disclose personal information in these areas.

7.        HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION

You can review and update your personal information in your account settings at any time by logging in to your account.

If you have questions about personal information you provided on our Services, please email us at legal@vaultrunner.com.

8.        CONTACT & CHANGES TO OUR PRIVACY POLICY

We are always improving and as our services evolve, we may occasionally update this Privacy Policy. If we modify this Privacy Policy, we will post the revised policy and revise the “last updated date” stated above. If we make material changes in the way we use personal information, we will notify you by posting an announcement on our Services or by sending you an e-mail. It is your responsibility to periodically review this Privacy Policy. Users are bound by any changes to the Privacy Policy by their continued use of our Services.

CONTACT US

If you have questions or concerns regarding this Privacy Policy, or any feedback pertaining to your privacy and our Services that you would like us to consider, please email us at legal@vaultrunner.com.

Please read these Terms of Service very carefully before using our Services.

By using the VaultRunnerTM application, website, network, platform and services, including, without limitation, purchases, orders, transfers, requesting information, and any other services we may provide from time to time (collectively our “Services”), you agree to comply with these terms and conditions of service (the “Terms of Service”), as such may be amended from time to time. These Terms of Service shall apply to all our Services and any and all pending and future transactions conducted in connection therewith.

On the condition that you comply with all your obligations hereunder, as well as the Client Agreement and our Privacy Policy, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access and use our Services.

USE OF OUR SERVICES

Before you may place any orders or complete a transaction on our Services, you must read and accept all the terms of the Client Agreement. We advise you to consult with your financial advisor and/or attorney before accepting the Client Agreement and starting using our Services.

To be eligible to use our Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older, or the applicable age for majority and contractual capacity in the jurisdiction where you reside; (2) are not currently restricted from using our Services or not otherwise prohibited from using our Services in any country or jurisdiction; (3) will only maintain one account at all time and all information you provide in connection therewith is true and correct; (4) you have the full power and authority to enter into this agreement and the Client Agreement; (5) you will use our Services and your account solely for personal use and not on behalf of, or for the benefit of another; and (6) you shall not share your account information with anyone else, nor shall you permit another to use your account.

Any use of our Services contrary to our mission and purpose is strictly prohibited and a violation of these Terms of Service.

You are responsible for keeping and maintaining the information related to your account up to date and accurate

We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the VaultRunnerTM application, the website, and the Services, and all related items.

IDENTIFICATION AND ACCEPTANCE POLICY

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity, to complete the transaction and/or to comply with applicable laws and regulations, including, but not limited to tax laws and anti-Money laundering regulations. Our collection, processing and storage of information are governed by our Privacy Policy.

You are responsible for maintaining complete and accurate information linked to your account. We reserve the right to close, suspend, or limit access to your account in the event that we are not able to verify the accuracy of your information.

UNAUTHORIZED USE

You must immediately notify us if you believe that there has been an unauthorized access to your account or that your account login and/or password have been compromised, or if your phone with the VaultRunnerTM application is lost or stolen. When notifying us, please provide your full name, email address, account information, a description of the suspected transaction and an explanation why such was unauthorized, and any additional information we may request. All notice shall be sent to legal@vaultrunner.com.

We will notify you of any breach or threat of breach of our security system and if we suspect unauthorized transactions are being conducted on your account.

LIMITATION OF SERVICES/TERMINATION OF THE SERVICES

Our Services may be accessible outside of the United States. We reserve the right to limit, in our sole discretion, the use of our Services (or any function thereof) to any person or geographic area. If you chose to access our Services outside the United States, you must do so on your own initiative and you are solely responsible for complying with applicable local laws. Any transaction conducted using our Services will be void where prohibited by law.

We reserve the right to restrict, suspend, or terminate your account and/or limit access to our Services, in our sole discretion, at any time, for any reason, including, but not limited to abuse or misuse of our Services, or violating these Terms of Services.

You may terminate your account at any time for any reason upon notifying us at support@vaultrunner.com. This cancellation shall be effective immediately and access to the Services will end immediately. Upon termination of an account, the email used to create such account will no longer be valid on our Services. You may not close your account to evade an investigation. If you attempt to close your account for such reason, we may suspend your account for up to 180 days or until such time as the investigation is completed.

Before closing your account, you must either sell your gold and other precious metals in your account back to us, transfer such balance to another user or physically redeem it from the vault location (personally or requesting to have it shipped).

Upon closing of your account, for any reason whatsoever, we will cancel all pending transaction, unless otherwise legally prohibited to do so. You will remain liable for all obligations related to your account even after it is closed. Any accrued rights, obligations, remedies and liabilities of the parties shall survive termination. Any clauses hereunder which expressly or by implication have effect after termination shall continue in full force and effect.

SECURITY

You are responsible for maintaining adequate security and control of your login information, password and PIN (if any) used in connection with the Services. You are responsible for, and give use yourUA-105904102-1 authorization to carry out, all orders and transactions when you correctly login into your account. We will not be liable to you for any loss or claim arising out of our relying on your instructions when such were provided under the correct login information and password combination. If you suspect unauthorized use, you must notify us immediately. Until we are notified, you will be liable for all transactions that are made using your login information and password.

You agree to exercise safe and secure practices when accessing and conducting electronic transactions, including, but not limited to, signing out of your account, completing such transactions on a private network only, and upload regular updates.

In the event that you receive an email falsely claiming to be from VaultRunner, Inc. or requesting sensitive information (“phishing emails”), you agree to notify us immediately by phone or email. Do not provide any login information or password over email or phone without first contacting us.

INTELLECTUAL PROPERTY/OWNERSHIP

We (and/or our third party licensors) shall retain all ownership of all intellectual property rights in and to the application, the Services and any software, platform, design, logo, graphics, technology, trademark, copyright, trade name and other intellectual properties used in connection with, or embodied within the Services. You may not copy, replicate, imitate, tamper with, modify, reverse engineer, gain unauthorized access to or in any way use our logo, name, design, platform, software or any other intellectual properties used in connection with the Services without our express written agreement.

GROUP FORUM AND USER-TO-USER COMMUNICATION AND SHARING

To the extent that we offer group forums or user-to-user communication and sharing where our users can discuss and post observations and comments on certain topics, share information, post updates, opinions and news, including links to articles, we are not responsible for the accuracy, truthfulness and reliability of such information and content so posted and you should use caution in using such information.

Please note that any ideas and information you may share will be seen by other users and may be used by them in any manner whatsoever. We are not responsible for the use or misuse of any such information by any third parties, Therefore, if you have any information that you would like to keep confidential and/or do not want other users to use, please do not post it on any of our forum or chat group.

By submitting ideas, suggestions, documents, links, information or other content via the forum or user-to-user communications, you acknowledge and agree that (1) such information so provided is not confidential; (2) we are not under any obligation of confidentiality, express or implied, with respect to use information; (3) we can use and disclose (or chose not to use or disclose) such information for any purpose, in any way, in any media worldwide; (4) you have the right to post the information and such information do not violate any rights of any third party; and (5) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

REPRESENTATION & WARRANTIES

In addition to the representations and warranties made in these Terms of Service, you represent and warrant that:

  1. it is your responsibility to ensure your own compliance with the laws and regulations of the jurisdiction where you reside, including, but not limited to any requirements relating to disclosure and tax laws;
  2. you will comply with the terms and conditions hereunder and the terms of the Client Agreement;
  3. you will not infringe any copyright, trademark or other intellectual property rights, trade secrets, rights of publicity or privacy, or any other right of a person when using our Services;
  4. you will not use the Services for any illegal activity;
  5. you will not act in any manner that is defamatory, libelous, threatening or harassing;
  6. you will not provide false or misleading information;
  7. you will cooperate with an investigation;
  8. you will conduct yourself in a professional manner while using our Services;
  9. you will not take any action that may impose an unreasonable or disproportionately large load on our infrastructure, facilitate any viruses, Trojan horses, worms or other computer malwares or programs that will interfere with our Services, such as robot, spider or other automatic devices; and
  10. you will not use our Services for activities that relate to transactions involving (i) narcotics, steroids, or other controlled substances; (ii) drugs; (iii) illegal or criminal activities; (iv) stolen goods; (v) the promotion of hate, violence, racial intolerance; (vi) obscenity; (vii) regulated weapons; (viii) items or activities that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable laws and regulations; (ix) gambling; or (x) pyramid or Ponzi schemes, matrix programs or other ‘get rich quick’ schemes or certain multi-level marketing programs.

You shall indemnify and hold us (including our parent company, subsidiaries and affiliates) for all damages, losses and costs (including, but not limited to, outside attorneys’ fees and costs) related to all third party claims, charges and investigations caused by (1) your failure to comply with these Terms of Service and/or the Client Agreement; and (2) any unpermitted activity you engage through our Services.

LIMITATION OF LIABILITY

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTACTS WITH CONSUMERS AND AS A RESUT THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU.

Nothing contained herein shall limit our liability in the event of death, fraud or fraudulent misrepresentation. Subject to the foregoing, in no event shall we (including our parent, subsidiaries, and affiliates), and our directors, officers, representatives, agents, employees and vendors be liable for any special, punitive, incidental, indirect or consequential damages, including but not limited to loss profit, loss or data or loss of business, arising out of or in connection with our Services. Our liability (if any) shall be limited to the amount of actual direct damages.

This limitation of liability shall apply to any damage or loss resulting directly or indirectly from:

  1. your use or inability to use our Services;
  2. delays in our Services or in completing the transaction;
  3. viruses or other malicious software (including bugs, glitches and errors) obtained by accessing our Services;
  4. the content, actions, or inactions of third parties via our Services;
  5. any loss as a result of risks associated with online trading, including software and hardware failure, loss of data, delays, errors, loss of information, power outages, internet failure, mobile provider networks failure, and hackers; and
  6. fees, duties and taxes or loss as a result of theft after it has been shipped at your order;

This limitation of liability shall apply regardless of (i) whether you base your claim on contract, tort, statute or other legal theory; (ii) we knew or should have known about the possibility of such damages; or (iii) the limited remedies provided herein fail of their essential purpose.

We shall not be liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any of our obligations hereunder due to an event of force majeure or due to your own negligence, fault or willful misconduct on your part

NO WARRANTIES

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU.

We provide the Services on a “as is” and “as available” basis. We do not control or vet user generated content or third party generated content for accuracy. Please do not rely on the information provided on the platform or Services by other users and/or third party providers.

WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY OUR SERVICES OR ANYTHING RELATED TO OUR SERVICES, YOU MAY CLOSE YOUR ACCOUNT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

We do not guarantee that our Services will be functioning without interruption or errors, in particular, the operation of the Services may be interrupted for maintenance, updates or system or network failures. We disclaim all liability for damages caused by any such interruption or errors, and all liability due to any malfunction, impossibility of access, or poor use condition of the Services for any reasons whatsoever.

You are responsible for conducting appropriate due diligence before using our Services.

We will make reasonable efforts to ensure your transaction is processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete the transaction (order, payment, processing and shipping)

JURISDICTION

These Terms of Service and any claim, cause of action or dispute (collectively or individually a “claim”)  arising out of or related to your use of our Services shall be governed and interpreted in accordance with the laws of California, without any regards to its conflict of law principles and the United Nations Convention for the International Sale of Goods. Except as provided below, you hereby agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County.

CONSENT TO ARBITRATION

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is more than ten thousand dollars (US$10,000), the parties hereby agree to resolve such claim via binding arbitration. The arbitration shall be conducted pursuant to the then existing rules and procedures of JAMS, in front of one (1) arbitrator appointed by JAMS. The arbitrator shall have sufficient experience in the trading, selling and purchasing of precious metal and/or internet e-commerce. The proceeding shall be held in Los Angeles, California and shall be conducted in English. The arbitrator shall have the right to order discovery and examination of witnesses. The award shall be final and binding and may be recorded in any courts of competent jurisdiction worldwide. The awarded party shall be entitled to recover its costs and fees (including outside attorneys’ fees and costs) associated with the arbitration.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL.

OTHER GENERAL TERMS AND CONDITIONS

Neither party shall have any rights against the other for the non-operation of facilities, or for the failure to perform duties, obligations or agreements hereunder if such non-operation or non-furnishing is solely due to a so-called force majeure event or other similar event (financial inability excepted) which materially interrupts all of such party’s business operations and which is beyond such party’s reasonable control.  In the event a force majeure event prevents such party from performing its duties, obligations or agreements for two or more weeks, the other party shall have the right to terminate these Terms of Service.

Except as otherwise expressly provided for in these Terms of Service, noting contained herein shall create, or shall be deemed to create a partnership or joint venture of any kind between the parties, nor constitute any principal-agent relationship. No party shall have the authority to act as agent for, or to bind the other party in any way.

In the event of your death or should you otherwise become incapacitated, we will take instructions regarding your account from your authorized executor or administrator upon delivery to us of sufficient proof of authority of such executor or administrator and presentation of documentation as required by applicable law.

We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights and obligations hereunder. You may not assign, transfer, charge, subcontract or deal in any other manner with any of your rights and obligations hereunder

Nothing contained in these Terms of Service shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision of these Terms of Service and any law, order, rule or regulation, such law, order, rule or regulation shall prevail; provided, however, that in such event the provision of this agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the legal requirement, no other provisions of these Terms of Service shall be affected thereby, all such other provisions shall continue in full force and effect.

Neither the exercise (from time to time and at any time) by VaultRunner, Inc. of, nor the delay or failure (at any time or for any period of time) to exercise any right, power or remedy shall constitute a waiver of our right to exercise, or impair, limit or restrict the exercise of such right, power or remedy or any other right, power or remedy at any time and from time to time thereafter. No waiver of any of our right, power or remedy shall be deemed to be a waiver of any other right, power or remedy or shall, except to the extent so waived, impair, limit or restrict the exercise of such right, power or remedy.

These Terms of Service, including the Client Agreement and the Privacy Policy, incorporated herein by this reference, set forth the entire understanding between you and Vault Runner, Inc.

These Terms of Service, the Client Agreement and the Privacy Policy are written in English. Notwithstanding any provision hereunder, any translation of these Terms of Service is provided for your convenience only and in the event of conflict between the English version and any translated versions, the English version shall prevail.

These Terms of Service may be amended from time to time in our sole discretion. You will be notified of any changes via our Services, or if we make any material changes, we will notify you by email, using the email address you have provided us. Your continued use of our Service shall be considered your acceptance of the amendments. Should you not agree to such amendments, you may cancel your account at any time.

If you have any questions regarding these Terms of Service, please contact us at legal@vaultrunner.com.

Account Accesss Fee – An account access fee is included in the cost of the transaction consisting of 2% of the sale amount or a minimum fee of $5.00 per transaction.

Transaction Fee – Each transaction carries a merchant processing fee which is added to the sales price of the metal. Please choose your payment method carefully as fees vary based on payment method selected, as stated below. Cancelled or reversed orders may be subject to the merchant merchant transaction fee upon payment reversal.

PayPal – Fee 3.5%

BitPay – Fee 1.5%

Administration Fee – A minimum administration fee of $25 will be charged on all cancelled orders.

Shipping Fee – minimum shipping fee for all orders is $25. Shipping is waived on orders of $350 and above. Express, custom, or special request, shipping may incur additional charges. Cancelled orders will be charged the actual cost of shipping plus insurance F.O.B.

Insurance Fee – Insurance is based on the value of the metal shipped. In most cases the insurance is included in the cost of shipping; however, from time to time, shipment may require special coverage, in which case you will be notified of such surcharges prior to billing.

Storage Fee – Fee varies based on the third-party service provider and subject to an individual agreement between you and the vault operator. VaultRunner may, in its sole discretion, charge up to 0.025% per month of the value of metal held on your behalf but not assigned to a third-party vault. This rate when applied is not intended to be a long-term arrangement and in no case will last more than 90 days, at which time, you must either take delivery of said metal or arrange to have metal shipped to an alternate storage facility.

Bank Wire Fee – A fee of $35 will be added to any reimbursement made via wire transfer to your bank account or for insufficient fund (in addition to your bank’s fee). There is no charge for incoming wire transfers which are intended to fund an account before a purchase is made.

Cancelation Fee – All orders are final however in the event of a reversed sale within 10 days of placing an order and prior to taking delivery of the metal, we may elect to buy back the metal at the original purchase price minus a $300 Restocking Fee.  Shipping charges will apply at prevailing rate and you will be liable for any loss of value due to market fluctuation. An additional Administration Fee will also be charged along with a 4% Digital Processing Fee. If your order was originally funded with digital currency, an additional Mining Fee of 2% will be added.

ACH Fees – A fee of $35 will be charged to any reimbursement made by ACH transaction or for insufficient funds (in addition to your bank’s fee) and the order will be ignored when there is not sufficient fund to place the transaction.

Digital Processing Fee – A digital processing fee of 4% of the cost of the transaction is waived when purchasing with digital currency; however, this charge is applied if the order is later canceled.

Mining Fee – A 2% mining fee may be applied if payments are made in digital currency; and the order is later canceled.

Restocking Fee – The fee for restocking metal due to cancellation is $300.

Vault Shipping Fee – For metals held in Vault Custodial Accounts. All costs associated with shipping of the metal by the Vault Operator is subject to the Vault and shipper’s terms and conditions (including, without limitations, insurance coverage).

All transactions are final but VaultRunner, Inc. may buy back metals originally acquired from our services at the then current buy-back price (the “bid price”), without charging a separate liquidation fee. Customer’s refusal to accept delivery of the metals shall not entitle him/her to a refund and any packages returned to us will be liquidated at the then current bid price, which may be less than the original purchase price. Although VaultRunner, Inc. has historically bought back metals sold on its services, we cannot guarantee that we will repurchase such products and we reserve the right to modify our buy-back policy without notice.

Any discrepancies or defects in deliveries must be reported at support@vaultrunner.com within five (5) days of receipt and all original packaging materials must be reasonably kept and intact. Lost or damaged shipment shall be subject to the shipping company’s terms and conditions.

Prior to sending any products back to VaultRunner, Inc. for any reason, please contact us by email at support@vaultrunner.com. All shipments must be accompanied with a Return Merchandise Authorization Number (RMA #) and shipped via registered, insured US Mail, to our warehouse at the customer’s sole expense. VaultRunner, Inc. takes no responsibility for any shipment until accepted and signed by one of our employee or representative.

Once VaultRunner issues a confirmation number for an order, the price is locked and firmly fixed and the transaction cannot be canceled. Any cancellation made prior to taking delivery of the metals or due to insufficient funds in the customer’s account shall be subject to a cancellation and/or restocking fee.