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 your 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.