Effective Date: June 17, 2016
YOUR AGREEMENT
Thank you for downloading the JM Bullion App. We are glad to have you as a part of our service and we are committed to providing you with the best possible value and convenience.
The JM Bullion mobile and desktop application, software, design, servers, data, user input, content, and associated services (collectively “App”) and website, available at http://www.jmbullion.com, (“Website”), are owned and operated by JM Bullion, Inc. (“JM Bullion,” “our,” “we,” or
us”) and are licensed to you in accordance with the terms of this End User License Agreement (“Agreement”).
The App is © 2016 JM Bullion.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES OR ANDROID AGREEMENT REQUIRED BY APPLE OR GOOGLE IN ORDER TO DOWNLOAD AND USE THE APP.
JM Bullion and you both acknowledge and agree that Apple, Apple’s subsidiaries, Google, and Google’s subsidiaries are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, both Google and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. JM Bullion and you both further acknowledge and agree that this Agreement is between us only, and not Apple or Google, and that maintenance and support, warranties, product claims, intellectual property infringement disputes are not the responsibility of Apple or Google.
JM Bullion reserves the right, in its sole and absolute discretion, to discontinue the App or to modify, change, replace, or discontinue this Agreement. If JM Bullion modifies, changes, or discontinues the terms of this Agreement, the Effective Date, located above, will change. Your installation or use of the App after a change in the Effective Date of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.
ABOUT THE JM BULLION APP
The JM Bullion App allows you to view physical bullion products, such as gold and silver, which are available for purchase on the Website. The App allows you to browse the bullion product selection and specials as well as the spot prices, including historical charts of spot prices. Additionally, the App allows you to set alerts with your e-mail address to be sent when spot prices fluctuate.
In the event you would like to purchase bullion in the store, the App will redirect you to the Website in your browser. Any and all purchases made from JM Bullion will occur through the Website. All policies relating to purchases, pricing, shipment, cancellation, and return of bullion can be found in the Website’s Term of Use Agreement, which is incorporated into this Agreement.
DOWNLOADING THE JM BULLION APP
The JM Bullion App is free to download through both Apple and Google. You are not required to register an account in order to utilize the App. In the event you would like spot price alerts sent to you, it is required that you provide an e-mail address.
When downloading the App by providing your Apple ID, Google ID, or other third party service login information to be processed through a third party, you acknowledge and agree that JM Bullion does not own or control such third parties and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys’ fees, arising out of or in relation to your use of such third party services or products. You are advised to read the terms of use agreement of any such third party. In the event you register using third party services, you are agreeing to allow JM Bullion to exchange your account information with the third party service providers.
If you have installed the App on your device, you agree that JM Bullion may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission.
LIMITED LICENSE
You acknowledge and agree that JM Bullion is the owner of, or has rights in and to, the App and its associated content, including but not limited to all intellectual property rights inherent therein. The App is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the App for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of JM Bullion.
JM Bullion hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the App for its customary and intended purposes. Violation of the terms of this Agreement or use of the App for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the App or any portion of it will result in the termination of this license.
Absent prior written permission from JM Bullion, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the App or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to JM Bullion.
TRADEMARKS
All trademarks, common law or registered trademarks, displayed on this App are the property of their respective owners. Specially, all JM Bullion marks are the property of JM Bullion, including, but not limited to JM BULLION and all JM Bullion logos. The App, including its look and feel, color selections, layout, and arrangement, is the trade dress of JM Bullion. You are prohibited from using JM Bullion’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of JM Bullion.
TERMS AND CONDITIONS OF THIRD PARTIES
You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (e.g., iTunes, Google Play), any network provider (e.g., AT&T, Verizon), any platform provider (e.g., iOS), or any hardware manufacturer (e.g., Apple iPhone, Android).
http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/
http://www.google.com/mobile/android/market-tos.html
WARRANTIES, REPRESENTATIONS, AND RESTRICTIONS OF APP USE
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of ag, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information that you provide to JM Bullion and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the App in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the App. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The App will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the App, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
Your violation of any term or condition of this section or any term of this Agreement may result in the disabling of your access to the App. JM Bullion does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. JM Bullion makes no representation that the App is appropriate, lawful, or available for use in your location. JM Bullion does not offer the App where prohibited by law.
FORCE MAJEURE
You acknowledge and understand that if JM Bullion and/or the App are unable to provide the products and/or services as a result of a force majeure event, JM Bullion and/or the App will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of JM Bullion and/or the App. JM BULLION SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
SECTION 230 OF COMMUNICATIONS DECENCY ACT
You acknowledge and agree that JM Bullion is an interactive computer service provider under Section 230 of the Communications Decency Act. Though JM Bullion may edit, remove, or control the content displayed through the App, you agree that JM Bullion will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the App or otherwise.
CHILD ONLINE PRIVACY PROTECTION ACT
The App is not directed to persons under the age of eighteen (18) and JM Bullion will not knowingly collect personally identifiable information from children under the age of eighteen (18). If JM Bullion inadvertently collects such personally identifiable information, JM Bullion will delete the personally identifiable information in accordance with its security protocols.
CALIFORNIA SHINE THE LIGHT LAW
California residents have the right to receive information that identifies any third party companies or individuals that JM Bullion has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting JM Bullion at the address below.
INVESTMENT CAUTION
All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of JM Bullion. You, and not JM Bullion, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to JM Bullion that you have sufficient experience and knowledge to make informed financial decisions and that JM Bullion is not making any recommendation with respect to such purchases and/or such sales.
DISCLAIMER AND LIMITATION OF LIABILITIES
JM BULLION PROVIDES THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. JM BULLION DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. JM BULLION MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY AND ALL INFORMATIN REGARDING PLACING ORDERS WITH JM BULLION MAY BE FOUND IN THE WEBSITE’S TERMS OF USE AGREEMENT.
JM BULLION WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE APP AT ANY TIME.
THE APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. JM BULLION IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
INDEMNITY AND RELEASE
You agree to defend, indemnify and hold JM Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the App or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to JM Bullion, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, JM Bullion may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without JM Bullion’s consent.
You are hereby agreeing to release the JM Bullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the App and related products and services.
NO ASSIGNMENT
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of JM Bullion. Such consent may be granted or withheld by JM Bullion at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and JM Bullion.
NO WAIVER
Upon your failure to comply with your duties and obligations to JM Bullion, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of JM Bullion in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by JM Bullion of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with this Agreement, you expressly authorize and grant to JM Bullion the right to charge your credit card for any and all market losses incurred by JM Bullion, including, without limitation, administrative fees for accepting your orders to either buy from or sell to JM Bullion as a result of price and market fluctuations for which you did not fulfill.
SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
INTEGRATION
JM Bullion hereby incorporates its Terms of Use Agreement and its Privacy Policy into this Agreement. This Agreement and its incorporated Terms of Use Agreement and Privacy Policy constitutes the entire agreement between the parties with respect to the use of the App and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind JM Bullion.
RESOLUTION OF DISPUTES AND GOVERNING LAW
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against JM Bullion with respect to this Agreement and/or the App. All disputes arising out of or relating to this Agreement (including formation, performance or alleged breach) or your use of the App will be exclusively resolved under confidential binding arbitration held in Dallas, TX in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, JM Bullion will have the right to seek injunctive or other equitable relief in state or federal court located in Dallas, TX to enforce this Agreement or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the App, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that JM Bullion takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and the expenses incurred by JM Bullion, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by JM Bullion to carry out this Agreement.
NOTICE
Please direct any legal questions regarding this Agreement to:
Attn: Legal Dept.
JM Bullion, 11700 Preston Road Ste. 660153 Dallas, TX 75230
800-276-6508