Date: Sun, 06 Jul 2008 21:23:00 GMT
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Legal Terms & Conditions Of Use

Last updated: 2004-02-25

[ Legal Terms & Use ] Privacy Policy ] Account Holders Agreement ]

This User Agreement sets forth the terms and conditions under which e-Bullion.com provides its services. This agreement describes your obligations when using the e-Bullion.com network. We recommend that you read it carefully and understand these terms and conditions prior to any use of the e-Bullion® web site. USE OF THIS WEB SITE AND/OR CREATION OF AN e-Bullion® ACCOUNT MEANS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

DEFINITIONS & INTERPRETATION

"Site" means the e-Bullion® web site pages and information contained thereon, accessible on the World Wide Web at http://www.e-bullion.com.

The e-Bullion® "Network" means the web site; its pages and general information.

The e-Bullion® "System" means the secure digital User interface and electronic Services provided by e-Bullion.com that enables the registered User to access his personal account/s and the secure Message Center to place orders.

"e-Bullion® Company" means the registered legal corporate entity of the Republic of Panama in Central America.

"Primary User" means any person, company, individual, corporation, trust or other entity creating, opening and/or operating an account at e-Bullion.com.

"You" and "Your" means the User, Visitor or Primary User of an account.

"Client ID" means the unique electronic client identifier assigned to User in order to utilize the e-Bullion.com System.

"User Codes" means all user names, passwords and any Client ID collectively.

"Agreement" means ALL terms and conditions specified in this entire multi-part User Agreement including the LEGAL TERMS OF USE page, PRIVACY POLICY page & the ACCOUNT HOLDERS AGREEMENT (if you have opened an account) which appear elsewhere on this Site.

"e-Bullion" means International e-currency, backed by physical precious metals. The word "e-Bullion" is a registered trademark and the property of e-Bullion® Company.

"Message Center" means the secured, encrypted, internal electronic e-mail system with which a registered Account Holder manages an account.

1. INTRODUCTION

The entity responsible for development, procurement, issuance and administration of the e-Bullion.com network is e-Bullion® Company. e-Bullion.com is a division of e-Bullion® Company, a registered legal corporate entity of the Republic of Panama in Central America.

Exchange services (national currency to e-Bullion® and vice versa) for e-Bullion.com are currently provided by Goldfinger Coin & Bullion Inc., the corporate entity responsible for processing all exchanges from currency to e-Bullion® and e-Bullion® to currency.

Goldfinger Bullion Reserve Corporation, (GBRC), is under exclusive contract to act as reserve bullion administrator and acquires, administers, stores and liquidates the physical bullion that backs e-Bullion® currency.

2. INTELLECTUAL PROPERTY RIGHTS

a. TRADEMARK RIGHTS. "e-Bullion" and "e-Bullion.com" are Registered Trademarks of e-Bullion® Company and as such are protected by federal, state and international trademark law and do not constitute material in the public domain. All related marks, logos, and characters referenced herein are either service marks, or trademarks of e-Bullion.com. Other company and product names mentioned herein are the trademarks of their respective owners.
b. COPYRIGHT OWNERSHIP & RESTRICTIONS. All materials contained in this site are the protected copyrighted property of e-Bullion® Company. "e-Bullion®," e-Bullion.com" and all titles, characters, names and graphics are the property of e-Bullion® Company. The Services, the software and any Information provided on and through this Site are being provided by e-Bullion® Company only for your personal, noncommercial use and display. You may download the Information and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein. Otherwise, no part of the web site may be reproduced, copied, published, uploaded, modified, distributed, stored, posted, transmitted, redistributed or exploited for any purpose in any form without the express advance written consent of e-Bullion® Company.
c. We will enforce our copyrights to the fullest extent permissible under the laws of the United States and any treaties that may apply. Any unauthorized use is strictly prohibited by this User's Agreement and may also constitute a violation of federal and state law. Unauthorized modification of any information on the web site may result in criminal prosecution.
d. INTELLECTUAL PROPERTY OWNERSHIP. If you believe your intellectual property has been improperly posted or distributed via the Site, please notify e-Bullion.com immediately. Please go to our CONTACT US page for further instructions on how to reach us.

3. YOUR SUBMISSIONS TO THIS SITE

a. All Submissions are Nonproprietary. If you send any materials or information (such as feedback, questions, suggestions, ideas), it will be deemed non-confidential. e-Bullion.com has no obligation of any kind with these submissions. In addition, e-Bullion.com is free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, e-Bullion.com shall be free to use any ideas, concepts, know-how or techniques contained in the information or materials for any purpose whatsoever.

b. Consideration for Use. In consideration of e-Bullion® Company's continuing efforts to enhance and improve its products, services, and web site, you agree to transfer such ideas, concepts, know-how and techniques to e-Bullion.com without additional compensation.

c. Responsibility for Submission Content. You are solely responsible for the content of any material you provide. You agree that any material submitted to this Site will not violate any third party rights (including copyright, trademark privacy or other personal or proprietary rights); and it will not be, or contain, libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of trade secrets of any third party; and will not disparage the products or services of any third party.

d. Public Forums. This site may make chat rooms, forums, message boards, and/or news groups available to Users at any time. Please remember that any information disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your name or any other personal information, both here, and at all public sites you might visit on the Internet.

e. Indemnification. You agree to indemnify e-Bullion® Company from any damages, losses, costs or expenses, including attorney's fees, which e-Bullion® Company, its officers, directors, shareholders, employees and its affiliates, their respective employees, and authorized representatives may incur as a result of any material or information you provide.

4. PRIVACY POLICY

Please go to the PRIVACY POLICY page for details.

5. THIRD PARTY LINKS

e-Bullion.com provides links to other web sites that may be of interest to Users of our site solely for the convenience of our Users. e-Bullion® Company is not responsible for the privacy practices, or the content, of any such web sites. The sponsors of these linked sites are responsible for the accuracy and editorial content of their sites. e-Bullion® Company does not endorse, recommend or otherwise assume responsibility for any such sites. Unless expressly stated in the Agreement, linked sites are not part of this web site or otherwise affiliated with e-Bullion.com

6. USER CONDUCT

While using this Web site, you shall not:

a. restrict or inhibit any other user from using and enjoying the Service.
b. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export control laws and regulations.
c. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by e-Bullion.com) or engage in spamming or flooding.
d. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
e. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
f. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
g. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under US copyright laws.

7. CONFIDENTIALITY OF PERSONAL INFORMATION

You acknowledge and agree that e-Bullion® Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to operate the Service properly; or to protect itself or its subscribers. However, e-Bullion.com has no obligation to monitor the Site. e-Bullion® Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. e-Bullion.com reserves the right to refuse to post and/or to remove any information or material, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of this entire Agreement.

8. DISPUTES

Any and all disputes between you and other Users of the e-Bullion® network will not be the responsibility of e-Bullion® Company.

9. OUTAGES & FORCE MAJEUR

You agree to indemnify and hold harmless e-Bullion® Company from any delays, losses or damages resulting from situation beyond its control, including but not limited to acts of war; acts of God and nature; riot; social or economic upheaval; acts of terrorism; civil disorder; or any breakdown in normal communications or utilities infrastructure services.

10. WHEN THIS AGREEMENT CAN BE ASSIGNED

This Agreement and your rights and obligations hereunder may not be assigned by you without the prior written permission of e-Bullion® Company. All rights and interest of the e-Bullion® Company in the Agreement shall inure to the benefit of e-Bullion® Company's successors and all of your rights and obligations assigns whether by merger, consolidation or otherwise; and shall be binding upon your executors, administrators, heirs, successors and permitted assigns. e-Bullion® Company may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with e-Bullion® Company or to any successor company (whether by merger, consolidation or otherwise), or to any other person or entity at any time without your consent.

11. AMENDMENT, MODIFICATION & WAIVER

This Agreement is subject to update and amendment (with or without prior notice) as needed or as required by e-Bullion® Company. Any amendment or update to this 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 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.

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 terms of this Agreement; or any delay or failure on the part of e-Bullion® Company to exercise any power or right given to it 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® Company in this Agreement are cumulative and not exclusive of any other rights or remedies which e-Bullion® Company otherwise has at law or equity.

12. AGREEMENT TO ARBITRATE

You agree that all claims or controversies, whether such claims or controversies arose prior to, on or subsequent to the date hereof, between you and e-Bullion® Company and/or any of its present or former officers, directors, shareholders or employees, or any of its affiliates concerning or arising from the Site, the Information, the Services, or your use of the System; or the construction, performance or breach of this or any other agreement between the parties, and any duty arising from the business of e-Bullion® Company or otherwise, shall be determined by arbitration. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to jury trial. Prearbitration discovery is generally more limited than and different from court proceedings. The panel of arbitrators will typically include a minority of arbitrators who were or are familiar with and affiliated with the precious metals industry.

13. RIGHT OF ASSOCIATION

e-Bullion.com and the e-Bullion® Company reserve the right to refuse any service to any particular individual or entity, at their sole discretion with or without shown cause.

14. LAWS GOVERNING THIS AGREEMENT

This Agreement and all the terms herein and the relationship between you and e-Bullion.com and e-Bullion® Company shall be governed by and construed in accordance with Panama Corporate Law and International and Federal Law and Statutes without giving effect to its conflict of law provisions.

15. SEVERABILITY

Should any term or provision of this Agreement be held to be invalid or unenforceable by any court of competent jurisdiction or by a governmental agency or self-regulatory authority, or subsequently become invalid and unenforceable as a result of a change in applicable law, the remaining terms and provisions shall continue in full force and effect.

16. INDEMNIFICATION

You hereby agree to indemnify and hold harmless e-Bullion® Company (and its directors, officers, employees, control persons, vendors, licensors and agents); and any Internet Service Provider and Information Provider; from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement, or the use of the Site, the Services, the System and the Information by you and by other persons to whom you have provided your User Codes pursuant to the provisions set forth in this Agreement. This indemnification shall be binding upon you and your executors, successors, administrators, heirs and permitted assigns.

17. DISCLAIMER OF WARRANTY

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT OF THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, E-BULLION.COM AND e-Bullion® COMPANY DISCLAIM ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, e-Bullion® COMPANY DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.

18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL e-Bullion® COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSSES (EVEN IF e-Bullion® COMPANY & E-BULLION.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR SITE; DATA INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE; THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN; AND ANY OTHER MATTER RELATING TO THE SERVICE.

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