THE CREATION OF AN ACCOUNT MEANS USER ACCEPTS ALL THE TERMS & CONDITIONS OF THIS AGREEMENT. This Account Holder Agreement is part of the entire e-Bullion.com USER AGREEMENT ("Agreement") and is between e-Bullion^® Company and you. The Account Holder Agreement sets forth the terms and conditions by which you will receive certain electronic services ("Services"), including electronic access to your User Account[s] through e-Bullion^® Company's World Wide Web site ("Site") on the Internet ("www.e-Bullion.com"). It also defines the terms, conditions and your obligations and rights regarding all transactions that e-Bullion^® Company permits you to enter through its proprietary on-line order entry system ("System") on the Site.

By creating an account[s] you evidence your acceptance of this binding Account Holders Agreement and your agreement to comply with all rules or restrictions posted by e-Bullion^® Company on the Site; including the conditions specified in the LEGAL TERMS & CONDITIONS OF USE and PRIVACY POLICY pages published elsewhere on this Site.

e-Bullion^® Company may in its sole discretion allow you to activate your account and consent to the terms and conditions of this Account Holders Agreement by means of an electronic signature or other form of on-line consent ("On-line Consent") as specified in the Application process.

 
1. DESCRIPTION OF OUR SERVICES

User acknowledges that e-Bullion.com is not a bank or trust company as defined under any state or federal laws and is not engaged in the banking business. e-Bullion.com accounts are not insured by any governmental agency or administered by any banking regulation authority, or subject to any banking regulations.

User acknowledges that e-Bullion.com is not a third party escrow service and that e-Bullion.com does not and will not guarantee, warrant, or insure any products or services acquired or obtained through the transfer of e-Bullion^®.

User acknowledges the e-Bullion.com network is not intended for "day trading" or "speculation trading" based on fluctuations in the precious metals markets.

User acknowledges User is purchasing a specific weight of precious metals (e-Bullion^®) or e-Currency^® (USD$), for transfer to their e-Bullion^® account to be delivered electronically when funding an account.

User understands that the USD$ equivalent of their e-Bullion^® purchase, account balance, or transfer is only provided for convenience of calculation.

User understands that e-Bullion^® shall refer to Gold or Silver backed currency, and e-Currency^® shall refer to national currency backing.
[Example: e-Currency USD]

 
2. RESERVES

All e-Bullion^® Gold or Silver in circulation throughout the e-Bullion.com system is fully backed by an equal amount of physical bullion held in reserve on behalf of e-Bullion^® Company by Goldfinger Bullion Reserve Corporation in treasury grade bullion storage repositories specially designed for storage of precious metals. All reserve bullion and national currency backing the e-Bullion.com system is allocated and remains the property of the e-Bullion^® Company and e-Bullion^® account holders.

 
3. CIRCULATION SHEET

e-Bullion.com will maintain a current circulation sheet that will publicly specify and list in detail: the form, content, weight and type of bullion and national currency held in reserve (backing the e-Bullion^® and e-Currency^® circulating) versus the amount in circulation. e-Bullion.com will use its best efforts to update the Circulation Sheet as frequently as e-Bullion.com deems necessary to keep the figures accurate and current.

 
4. EXCHANGE RATES

1. Exchange rates will be set by e-Bullion^® Company and will be published elsewhere on this site.

2. Exchange rates will be updated at least once per day and may be updated more frequently as required by market conditions.

3. VOLATILE MARKET CONDITIONS: In times of highly volatile, and/or fast-moving, highly illiquid, turbulent market conditions, ALL trade requests will fulfill at the current "actual" market value ("live" pricing) which may or may not be equal to the published rates of exchange on the e-Bullion^® Site.

4. User acknowledges that e-Bullion.com and e-Bullion^® Company reserve the right to suspend trading, and/or immediate fulfillment of trade orders in times of high market volatility or fast-moving market conditions. Such decisions are subject to current precious metals "market conditions" worldwide.

5. RIGHT TO SUBSTITUTE: e-Bullion.com and e-Bullion^® Company reserve the right to use substitute bullion product (other than standard Kilo weight good delivery bars) should market conditions for gold Kilo bars be unfavorable and/or highly volatile. Any substitution for Kilo bars will be of the following specie only (in order of preference):

   Any size or weight [ 1 (troy) ounce to 400 (troy) ounce ] - Good Delivery Hallmark Grade bullion bars.

   Kilo jars - of 24 karat pure "shot or pellets."

   1 (troy) ounce - Pure Gold Bullion coins.

   Fractional ounce - Pure Gold bullion coins.

   Any and all substitute bullion will be published in Quantity and Weight - along with Kilo bars on the e-Bullion^® Balance Sheet page. e-Bullion.com and e-Bullion^® Company will make every good faith effort to reconvert any substitute bullion to Kilo bars when and if unfavorable market conditions should subside.

6. Due to the fluctuating nature of the precious metals trade (cash market/physical delivery) all amendments relating to the precious metals rate of exchange, or the precious metals pricing on the open worldwide market, will take place immediately, without any prior notice or consent.

 
5. ORDERS

1. ALL ORDERS ARE FINAL. ORDERS PLACED THROUGH YOUR USER ACCOUNT ARE INSTANT, IRREVERSIBLE AND FINAL. Once entered, you can not change, modify or cancel a transaction.

2. ORDER CONFIRMATION. You will receive a confirmation of each order that has been executed for your Account through the e-Bullion.com System. This confirmation will be delivered in electronic form either through your secured Message Center or through your account's official registered e-mail address, as determined by our current practices. This confirmation shall be the official record of your transaction with e-Bullion^® Company.

3. ERRORS MADE BY YOU IN THE ORDER ENTRY PROCESS. If you make an error in the process of entering an order through the System, you agree that e-Bullion.com and e-Bullion^® Company will not be responsible for any losses you incur or delays you experience as a result of such error. e-Bullion^® Company's inability or failure to detect and notify you of any error you make (regardless of the nature of such error) will not cause e-Bullion^® Company to be responsible for any losses you incur or delays you experience as a result of such error. You agree to indemnify and hold harmless e-Bullion^® Company and its directors, officers, employees, control persons, vendors, licensors and agents from and against any and all claims, losses, liabilities, damages and costs (including reasonable attorney's fees and out-of-pocket expenses) arising out of or related to any errors committed through your account. This indemnification shall be binding upon you and your executors, administrators, heirs, successors and permitted assigns and will survive termination of this Agreement.

 
6. FEES

All fees will be allocated to cover expenses incurred to develop, maintain and administer the e-Bullion^® network and the reserve bullion component of e-Bullion.com.

Please see our FEES page for a summary of all fees.

User acknowledges having read the FEES page, and agrees to the assessment of such fees on the User's account.

 
7. CONFIDENTIALITY OF ACCOUNT INFORMATION

1. e-Bullion^® Company will use care and reasonable precautions to maintain the confidentiality of Information you receive and material and/or data that you provide, create, input or develop in connection with use of the Services and/or the System.
2. You acknowledge and agree that e-Bullion.com and e-Bullion^® Company will not be responsible for any transmissions and communications send OUTSIDE of your secured Message Center (and/or by regular e-mail  transmissions).
3. You are expected to follow e-Bullion^® guidelines and security recommendations established elsewhere on the Site to safeguard the confidentiality of all communications. 

 
9. ESTABLISHING & MAINTAINING A USER ACCOUNT

1. IDENTIFYING INFORMATION. User must provide e-Bullion^® with satisfactory identifying information (and/or documents) as e-Bullion.com and e-Bullion^® Company deems required and necessary to open and maintain an e-Bullion^® account. Proper information determination is at the sole discretion of e-Bullion^® Company and is subject to their satisfaction and may occasionally vary according to the quality of information provided and each individual's circumstances. 
2. DOCUMENTATION. Required documentation may include, but is not limited to: notarized copies of proof of account ownership, passports, photo IDs, proof of citizenship, proof of legal corporate papers, certificate's of good standing and copies of articles of incorporation.
3. UPDATING. e-Bullion.com may without prior notice require you, (the Primary User & owner of an account), to update and keep current personal identifying information on file.
4. LIQUIDATION ORDERS. For your protection and security, orders of liquidation (from metal or e-Currency^® to a national currency) may be delayed if your personal identification files are not current; and liquidation will not be fulfilled until such files are updated to e-Bullion^® Company's satisfaction.

 
10. USER CODES & PASSWORDS

1. THE PRIMARY USER IS RESPONSIBLE FOR ANY AND ALL ACTIVITY, TRANSACTIONS, BUY & SELL ORDERS AND TRANSFERS TO AND FROM THEIR USER ACCOUNTS.
2. User acknowledges that protecting the confidentiality of their Account User name and Password is the sole responsibility of the User.
3. User acknowledges that maintaining Account User name and Password confidentiality is User's sole protection from unauthorized access of the User's account.
4. User agrees not to share account passwords with any other entity and shall not divulge their password to any other person. User is wholly responsible for the protection of the password for the User's e-Bullion^® account and e-Bullion.com.
5. e-Bullion.com and e-Bullion^® Company will not be held liable or responsible for any losses the User may incur from misuse, theft, loss or unauthorized use of the User's User Codes (user name and password).
6. The presumption shall be that any entity accessing the User's account with the User's Codes shall be considered as the owner of that account and the authorized "User"  and all activity, orders and transactions performed shall be the liability of the Primary User whether authorized by the User or not. The only exception shall be if User proves to the satisfaction of e-Bullion.com that losses to User's account occurred due to a breach of our security systems.

 
11. COPYRIGHT & TRADEMARK INFRINGEMENT

You acknowledge that the Site content and software of the e-Bullion.com network contain proprietary and confidential information that are the sole property of e-Bullion.com and e-Bullion^® Company and protected under international law. Any infringement on these areas will be taken seriously and challenged in the appropriate court(s). For further details see Intellectual Property on the LEGAL TERMS & CONDITIONS OF USE page.

 
12. INTEGRITY OF THE e-BULLION.COM NETWORK

The safety, security and confidentiality of your data and account/s are a top priority and e-Bullion.com and e-Bullion^® Company will strive to diligently protect the e-Bullion^® network.

1. MISUSE OR SABOTAGE. Any User found to be misusing the e-Bullion^® network or attempting to subvert or bypass security safety procedures will be removed from the system and may have their account(s) closed, frozen and/or locked out by e-Bullion^® Administrators. Users attempting to engage (or engaging) in misuse of their e-Bullion^® account, or the e-Bullion^® network, will be subject to criminal prosecution, applicable damages and or penalties.
2. ILLEGAL USE.  Any User found to be engaged in unlawful use or activity in conjunction with their e-Bullion.com account (such as hacking, cracking, sabotage or any attempted manipulation or corruption of the e-Bullion^® network) will be prosecuted to the fullest extent of the law.
3. HARDWARE & SOFTWARE NECESSARY TO ACCESS THIS SITE. You agree to be solely responsible for the installation, operation and maintenance of the equipment ("Hardware") and software ("Software") necessary to access the Site. You also agree to use a browser equipped with the necessary level of encryption security as required by e-Bullion^® Company.
4. PASSWORD SELECTION. You agree to choose a secure password according to proven, established security guidelines published elsewhere on this site, and to change it frequently for enhanced safety and protection. 
5. YOUR COMMUNICATIONS MAY BE RECORDED ELECTRONICALLY. STRICTLY FOR THE PROTECTION, SAFETY & SECURITY OF OUR USERS, in connection with your own use of the Services and the System, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or verbal, between you and e-Bullion^® Company or its representatives or agents to the extent permitted by law. You acknowledge and consent to the recording, retention, monitoring and use by e-Bullion^® Company (and its authorized employees, affiliates, representatives and agents) of all instructions you give to e-Bullion^® Company; all Message Center Site E-mail and nonsite E-mail messages send to, or received from e-Bullion^® Company; and all information and data that you input or provide during the use of the Services or the System.
6. TERMINATION & FREEZING OF ACCOUNTS. You acknowledge and agree that e-Bullion.com and e-Bullion^® Company, in its sole discretion, may terminate and/or freeze a User's account, password or use of the Site and Service and remove and discard any content within the Service for any reason, including, but without limitation, if e-Bullion^® believes that the User has violated or acted inconsistently or recklessly with the letter or spirit of the Agreement. You agree that termination may be effected without prior notice, and e-Bullion.com and e-Bullion^® Company shall not be liable to you or your executors, administrators, heirs, successors and permitted assigns for any termination of your access to our Services and Site.

 
13. DISPUTES BETWEEN USERS

User acknowledges e-Bullion.com and e-Bullion^® Company do not certify or attest to the legality, quality or safety of any services or merchandise purchased through a third party using the e-Bullion.com system - nor that third-party services or merchandise will be completed or shipped to the purchaser's satisfaction. e-Bullion.com and e-Bullion^® Company are not responsible for any disputes that arise between Users of the e-Bullion^® network.

 
14. ACCUMULATION LIMITS

 
15. RIGHT TO REFUSE AN ORDER

e-Bullion.com and e-Bullion^® Company reserves the right to refuse to execute any transaction entered by you through the System if e-Bullion^® Company determines, in its sole discretion, that you lack adequate creditworthiness, or if e-Bullion^® Company is uncertain as to the identity of the person entering the order, or for any other reason which it deems appropriate.

 
16. AMENDMENT, MODIFICATION & WAIVER

This Agreement is subject to update and amendment as needed or as required by e-Bullion.com and e-Bullion^® Company. Any general administrative and web site amendments shall be posted on this Site prior to taking effect (EXCEPT THOSE CHANGES RELATING TO THE PRECIOUS METALS WORLDWIDE MARKET) Any amendment or update to this Account Holders Agreement supersedes and nullifies the previous agreement in effect. You agree that if you use the Services or the System after such notification of changes in this Account Holders Agreement, you will be bound by all such changes. At the time of such modification, you will have the opportunity to reject such modification by e-mail or written notice to e-Bullion^® Company, and/or closure of your account which rejection shall constitute a termination of your rights to access and use the Site, the Services, the System and the Information. IT IS THE RESPONSIBILITY OF THE USER TO READ NEW NOTICES PUBLISHED TO THE SITE THAT MAY ANNOUNCE CHANGES TO THE USER AGREEMENT.

 
Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against e-Bullion^® Company unless the same is in writing and signed by an authorized official of e-Bullion^® Company. e-Bullion^® Company may modify these terms and conditions at any time upon written notice through the Site's e-mail, web pages or Message center.

 
e-Bullion^® Company's failure to enforce or insist at any time upon strict compliance with any term/s of this Agreement; or any delay or failure on e-Bullion.com and e-Bullion^® Company's part to exercise any power or right given to e-Bullion.com and e-Bullion^® Company in this Agreement; or a continued course of such conduct on our part; shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to e-Bullion.com and e-Bullion^® Company in this Agreement are cumulative and not exclusive of any other rights or remedies which e-Bullion.com and e-Bullion^® Company otherwise has at law or equity.

 
This Account Holder Agreement is in addition to, and does not nullify, any other agreement, including amendments to any other such agreement (collectively: "User Agreement"), that govern your relationship with e-Bullion^® Company. This Agreement is part of the entire understanding of the parties and supersedes all previous Account Holder Agreements and understandings between you and e-Bullion^® Company concerning your use of the Information, Services and the System. Termination of this Account Holders Agreement will not result in the termination of the general User Agreement, the terms of which will continue to be in full force and effect.