Terms & Conditions
This User Agreement (the “Agreement”) governs your use of the Texas Depository website www.texasdepository.com(the “Website”), including any content, functionality, and related products and services offered on or through the Website. This Agreement is by and between the Customer (“Customer”, “you”, or “your”) and Texas Precious Metals, LLC d/b/a Texas Precious Metals Depository (“TPMD”, “we”, “us”, and “our”) and is legally binding. This Agreement also applies to all orders, purchases, sales, and depository services, without limitation, whether made through the Website, by telephone, in person, or otherwise. By accessing the Website, or by downloading any material from the Website, you agree to be bound by this Agreement as set forth below.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by TPMD or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The information on the Website may not be copied, reproduced, distributed, transmitted, displayed, used to create derivative works, downloaded, or stored in whole or in part without the prior written consent of TPMD, except for the information may be downloaded for your personal, non-commercial use provided the information is not altered and all copyright and other notices displayed on the Website are also downloaded and remain intact.
All logos, trademarks, service marks, trade names, and graphics used on the Website (collectively the “Marks”) are proprietary and the private property of TPMD and its affiliates or licensors. Nothing contained on the Website or in this Agreement shall be construed as granting a license or right to use the Marks to any user or third party without the express written consent of TPMD. Any unauthorized use of the Marks is strictly prohibited.
You may use the Website only for lawful purpose and in accordance with this Agreement. You agree not to use the Website (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) infringe on any patent, trademark, trade secret, copyright, right of publicity, or any other right of any party; (iii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iv) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (v)attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (vi) engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail, or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (ix) use any meta tags or any other ”hidden text” utilizing the TPMD name, trademarks, or product names; (x) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (xi) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xii) assist any third party in engaging in any activity prohibited by this User Agreement.
The information contained on the Website is provided as is and without any representations or warranties as to the accuracy, completeness, usefulness, or timeliness of such information. TPMD assumes no responsibility or liability for any inaccuracies, errors, omissions which may appear on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or by anyone who may be informed of the contents of the Website. Without limitation, all information and everything on the Website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL TPMD, ITS AFFILIATES, OR REPRESENTATIVES BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN OCNNECTION WITH THE WEBSITE, THE USE OF THE WEBSITE, OR A LINKED SITE, OR WITH THE DELAY OR INABILITY OT USE THE WEBSITE OR A LINKED SITE, WHETHER OR NOT TPMD IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
PRIVACY & OTHER POLICIES
USER ACKNOWLEDGEMENTS AND REPRESENTATIONS
By accessing the Website and procuring and products or services from TPMD, you represent and warrant that you have sufficient experience and knowledge to make informed decisions to purchase, sell, store, or otherwise do business with TPMD. You acknowledge that investing in precious metals involves risks and may not be suitable for everyone. Those risks include, without limitation, risks associated with the price volatility of precious metals, and that under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the precious metals and/or other products on deposit with TPMD or liquidate such items at prices that are acceptable to you. You represent and warrant that TPMD has made no recommendations, projections, representations, or guarantees regarding the future or prospective value of precious metals, and that you understand that precious metals or other items deposited with TPMD may lose value in the future.
TPMD is a wholly-owned subsidiary of Kaspar Texas Traditions, LLC (“KTT”). TPMD maintains a bank account with Frost Bank, which is a bank of the United States of America insured by the Federal Deposit Insurance Corporation (the “FDIC”). In its sole and absolute discretion, TPMD may elect to move its bank account to another bank which is a member of the FDIC. However, circumstances may arise due to economic forces outside the control of TPMD, KTT, or Frost Bank (or such other replacement bank), which may cause bank holidays, shut downs, bank runs, or other disruptions to the banking system. In such event TPMD will make every effort to recover customer funds which may be held by TPMD, including filing insurance claims with the FDIC.
Customers agree that the recovery of such finds or insurance proceeds from Frost Bank (or such replacement bank) or that TPMD’s commercially reasonable actions with respect to its partners and suppliers, as the case may be, is the sole remedy for the Customer and that TPMD shall have the right to pursue such recovery. The Customer agrees to cooperate with TPMD in pursuing such recover. Notwithstanding the foregoing, TPMD cannot and does not guarantee customer deposits or advanced funds during such events and the customer assumes all liability and risk associated with such process, wire transfers, advancement of funds, and banking disruptions. Customers agree to hold harmless TPMD, and any of its members, representatives, employees, agents, partners, or suppliers, for any such losses or damages related to any such disruption described in this paragraph, unless such losses or damages are solely the result of the gross negligence of TPMD.
You agree to indemnify and hold harmless TPMD and its partners, affiliates, directors, officers, and shareholders from and against any and all costs, damages, expenses, liabilities, and obligations, including but not limited to reasonable attorneys’ fees, that you may incur as a result of, or in connection with: (a) any breach of any representation or warranty made by you to TPMD, (b) your failure to comply with this User Agreement or the policies adopted by TPMD; and (c) any claims, disputes, suits, proceedings at law or in equity brought by or on behalf of any third parties with respect to your access or use of the Website, your TPMD account, or any Precious Metals or other product deposited therein from time to time.
Every product sold by TPMD or Texas Precious Metals is subject to all United States export laws. No products may be exported or re-exported into, or to a national or resident of Cuba, Iran, North Korea, Syria, or any country to which the United States as placed an embargo on the export of goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United State Commerce Department’s Table of Denial Orders.
ABSENCE OF RELATIONSHIP
The sole relationship between TPMD, its partners, and you is a purchaser-seller relationship. No other relationship exists, including, without limitation any agent-principal relationship, any employer-employee relationship, any franchisee-franchisor relationship, any joint venture relationship, or any partnership relationship. Furthermore, no fiduciary duty exists between you and TPMD.
It is the goal of TPMD that any disagreement that may arise between TPMD and you be resolved as amicably and expeditiously as possible. In the unlikely event a dispute should arise between you and TPMD,
FORUM & VENUE
The state and federal courts located in or around Shiner, Lavaca County, Texas shall have exclusive personal and subject matter jurisdiction of all disagreements and disputes. You hereby consent to personal jurisdiction on those state and federal courts and waive all objections you may have to the jurisdiction and venue of such state and federal courts. Service of process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles.
WAIVER OF JURY TRIAL
Both you and TPMD hereby waive its right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this User Agreement and the transactions under or related to this User Agreement.
If TPMD cannot perform any obligation under as a result of any even that is beyond its control, TPMD’s delay or failure to perform such obligation shall be excused and TPMD shall not be liable for damages as a result of, or in connection with, such delay or such failure.
TPMD may amend this User Agreement or the services or products that it offers to you at any time without notice. Your access or use of the Website or any of the TPMD products or services after changes are made to this Agreement means that you agree to be bound by such changes.