[Effective as of December 1, 2019]

The hollywoodgoldexchange.com website and its associated services and content (collectively “Website”) are owned and operated by Hollywood Gold & Silver Exchange. (“Hollywood Gold & Silver Exchange,” “our,” “we,” or “us”).  By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms of Use Agreement (“Agreement”).  This Agreement is made by Hollywood Gold & Silver Exchange and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”).  This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Hollywood Gold & Silver Exchange, making sales to Hollywood Gold & Silver Exchange, and placing orders with Hollywood Gold & Silver Exchange.  If you disagree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE.  BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DISAGREE WITH BEING BOUND BY AND COMPLYING WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. HOLLYWOOD GOLD & SILVER EXCHANGE STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME, AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME.  YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME AT OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON, AND WITHOUT PRIOR NOTICE TO YOU.  YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

By purchasing from, making sales to, or ordering from Hollywood Gold & Silver Exchange, whether by telephone, through the Website, or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Because this Agreement contains legal obligations, please read them carefully.
Please direct any legal questions regarding this Agreement to:

7095 Hollywood Blvd. Suite 102
Los Angeles, CA 90028, Phone: 323-645-7828
[email protected]

 

  1. About the Website

Hollywood Gold & Silver Exchange provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone.  Hollywood Gold & Silver Exchange provides high-quality products to its customers by working closely with mints and distributors.

The Website and related content on the Website should not be considered complete or up to date.  Your reliance upon any information provided by Hollywood Gold & Silver Exchange, Hollywood Gold & Silver Exchange’s contractors, and employees, others appearing on the Website at invitation by Hollywood Gold & Silver Exchange, or other visitors or users of this Website is solely at your own risk.  You understand that Hollywood Gold & Silver Exchange is not obligated to provide any maintenance, technical, or other support for the Website.

  1. Ownership of Website and License

You acknowledge and agree that Hollywood Gold & Silver Exchange is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website 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 the Website publicly, whether in whole or in part, without the prior written consent of Hollywood Gold & Silver Exchange.

Hollywood Gold & Silver Exchange hereby grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as but not limited to downloading (other than page caching) or modifying the Website or any portion of it, will result in the termination of this license.

Absent prior written permission from Hollywood Gold & Silver Exchange, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Hollywood Gold & Silver Exchange.

  1. Account Registration; Order Policies and Procedures; Fraud.

Account registration and use of the Website are free.  You may search, view, purchase, and sell products from this Website as a guest without registering for an account.  If you choose to register an account and create a User Profile, complete the required information.  When creating an account, placing an order, or selling on the Website, you agree to receive email and/or text notifications.  You can opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to, your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code.  We may also gather certain types of non-personal information about your visit to protect the security of our members and the Website or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.  In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website.  Hollywood Gold & Silver Exchange reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account and all associated User Profiles.  You accept full responsibility for any and all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact Hollywood Gold & Silver Exchange immediately.  You agree to hold harmless and indemnify Hollywood Gold & Silver Exchange for any damages that arise out of or in relation to the use of your Account.

By creating an Account, you agree that Hollywood Gold & Silver Exchange, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, text message, and by email.

You may make purchases, sell to, and order from Hollywood Gold & Silver Exchange only in accordance with this Agreement and accompanying policies and procedures.  Upon placing an order to purchase or sell with Hollywood Gold & Silver Exchange, you have entered into a binding and legally enforceable agreement.  Prices and availability are subject to change without notice.

When placing an order on the Website, the price at which your order is submitted is the guaranteed price.  An “order number” will subsequently be forwarded to you via email.  Your credit card information is required to guarantee all orders.  In order to reserve your guaranteed price, your payment must be received by Hollywood Gold & Silver Exchange within two (2) business days for bank wire orders.  All check orders must be postmarked for delivery within one (1) business day.  If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed.

A completed order is denoted by our receipt of funds in a bank account (wire) or clearance of payment (check).  In most cases, orders will be denied if payment is completed after the allotted time frame.

If any order is in error due to Hollywood Gold & Silver Exchange’s fault or otherwise, we reserve the right to cancel the order.

Without limiting any other legal or equitable rights and remedies that may be available to Hollywood Gold & Silver Exchange, in the event of any failure by you to comply with this Agreement, Hollywood Gold & Silver Exchange may suspend or terminate your account.  The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.

Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies, may be posted from time to time on the Website.

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, at our discretion, require further authorization from you, such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.  We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud.  If any Website order is suspected to be fraudulent, we reserve the right but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation.  We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

  1. Payment Options

Hollywood Gold & Silver Exchange requires that all payments be made via credit card, debit card, bank wire, personal check, or Paypal.  Hollywood Gold & Silver Exchange does not accept prepaid cards, convenience checks, or any third-party checks. Depending upon the amount of an order, Hollywood Gold & Silver Exchange reserves the right to request additional documentation for certain credit card orders.  Hollywood Gold & Silver Exchange also reserves the right to hold certified checks and personal checks for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks and personal checks may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Hollywood Gold & Silver Exchange to authorize and capture your credit card payment prior to shipment. (Please see our Payment Methods)

Credit/Debit card payments for products purchased through the Website are processed through a third-party payment processor.  You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.  You understand and agree that Hollywood Gold & Silver Exchange will not be held liable for any user’s failure to complete a transaction entered into through the Website.

Hollywood Gold & Silver Exchange expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

In the instance of a bounced paper check payment, Hollywood Gold & Silver Exchange reserves the right to cancel the order and charge administrative fees and market losses or bill the payable balance to the credit/debit card on file.

  1. Payment Instructions

Hollywood Gold & Silver Exchange will issue payment instructions to you during the ordering process and via email following the completion of your order.  Hollywood Gold & Silver Exchange does not accept Cash on Delivery orders.  Hollywood Gold & Silver Exchange reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.

  1. Cancellation Policy

After Hollywood Gold & Silver Exchange has shipped the product, the order is final and cannot be canceled.  If you refuse a shipment, the product will be returned to us, and you can either pay to have it reshipped or accept Market Loss fees upon return.

Order cancellations are required to be initiated by phone or email prior to shipping. We typically ship within 1-3 Business days after payment has been posted, depending on how payment was made. (See Payment Methods). If you need to cancel an order, you are required to call (323) 364 7828 or email  [email protected] within 24 hours of placing the order. Once an item has shipped, we cannot cancel the order. Please note we do not ship on weekends or holidays.

Hollywood Gold & Silver Exchange is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a canceled order, Hollywood Gold & Silver Exchange will contact you directly with a notification of the cancellation.

  1. Return Policy

We guarantee your satisfaction at Hollywood Gold & Silver Exchange. We provide all our customers with a refund, return, and/or exchange policy on everything we sell. This right is limited to five (5) days from the date on which the customer receives their items. The refund, return, and/or exchange policy only applies to customers who notify our Customer Service Department by telephone at (323) 364 7828 or email [email protected] during normal business hours within five (5) days from the date on which the customer receives their item and keeps the item in its original packaging. The Customer Service Department will give you instructions on how to return your items.

Shipping and handling charges are non-refundable. For returns, you must carefully package the product, and you are responsible for the cost of return shipping. Hollywood Gold & Silver Exchange reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.

The return will be subject to verification that the product returned is the same product that was shipped and the sealed certified holder has not been tampered with or damaged in any way.

If the product is not returned with all original packaging damaged, we reserve the right not to accept the return at our sole discretion.

All refunds will be sent within 24-72 hours of the item/s returned after inspection. You will be refunded in the same manner as you paid, with no exceptions. Check payments get refunded by check, Wire payments get refunded by direct wire, PayPal payments get refunded via PayPal, and Credit Card Payments are refunded on the exact credit card you paid with. Please allow up to 7 days for credit card & PayPal refunds to post on your account.

We want our customers to be pleased with their purchases. If, for any reason, you have a problem, please feel free to call our offices and discuss it with us. We will always do our best to accommodate you. Hollywood Gold & Silver Exchange reserves the right to charge a restocking fee of 20% of the total order prices. We may charge a $50 processing fee on all exchanges. If a refund is requested, we reserve the right to find an acceptable replacement or refund your money if an acceptable replacement is not available.

On returning bullion-related items, the customer may (at Hollywood Gold & Silver Exchange’s discretion) be required to pay for any market loss on their returns. Any market gain on refunds shall remain the property of Hollywood Gold & Silver Exchange.

Pricing or Typographical Errors – We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Hollywood Gold & Silver Exchange shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

  1. Hollywood Gold & Silver Exchange Market Loss Policy

Upon issuance of an order number following a purchase from Hollywood Gold & Silver Exchange, the price is guaranteed, and you may not cancel the transaction.  The transaction may only be offset at Hollywood Gold & Silver Exchange’s current asking price.  If your item is canceled, you are responsible for any deficit between the price at which Hollywood Gold & Silver Exchange sold the item to you and the offsetting purchase price.  As set forth above, all cancellations are subject to our market loss policy.  Market gains on cancellations or returns shall remain the property of Hollywood Gold & Silver Exchange.

Without limiting any other legal or equitable rights and remedies that may be available to Hollywood Gold & Silver Exchange, Hollywood Gold & Silver Exchange may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Hollywood Gold & Silver Exchange may have to you.  Hollywood Gold & Silver Exchange also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Hollywood Gold & Silver Exchange.

  1. Shipment

We utilize a variety of carriers, with most orders shipping via USPS.  Our shipping method is our choice of carrier, allowing us to ship your order to you at the lowest possible delivered price.

We provide free shipping on orders of $1,000.00 or more.

When mailing valuable precious metals, discretion and protection are key. Your products are securely wrapped in protective packaging, then placed in the shipping parcel along with packing material to prevent the products from shifting during shipping.

Please note: our return address and packaging do not give any indication of the valuable contents of the package, so you can rest assured that your packages will arrive safe and sound.

When you place an order at Hollywood Gold & Silver Exchange, you can track your order from the time of creation until your products are delivered to your doorstep. As soon as your order ships, typically within 1 business day of cleared payment, you will receive email notification of shipment.

All our products require a signature at delivery. 

  1. Export Compliance

Each product that Hollywood Gold & Silver Exchange sells is subject to all United States export laws.  Therefore, 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 has embargoed 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 States Commerce Department’s Table of Denial Orders.

  1. Termination

Either Hollywood Gold & Silver Exchange or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party.  The termination of this Agreement shall not affect the rights and obligations of Hollywood Gold & Silver Exchange or you with respect to the period prior to the date of termination.  In addition, failure to timely make payments to Hollywood Gold & Silver Exchange will result in the termination of services as deemed appropriate by Hollywood Gold & Silver Exchange.

  1. Disclaimers, Exclusions, and Limitations

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 Hollywood Gold & Silver Exchange.  You, and not Hollywood Gold & Silver Exchange, 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 Hollywood Gold & Silver Exchange that you have sufficient experience and knowledge to make informed financial decisions and that Hollywood Gold & Silver Exchange is not making any recommendation with respect to such purchases and/or such sales.

  1. Disclaimer of Warranties

HOLLYWOOD GOLD & SILVER EXCHANGE PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HOLLYWOOD GOLD & SILVER EXCHANGE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, OR 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.  HOLLYWOOD GOLD & SILVER EXCHANGE 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.

HOLLYWOOD GOLD & SILVER EXCHANGE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. HOLLYWOOD GOLD & SILVER EXCHANGE IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. HOLLYWOOD GOLD & SILVER EXCHANGE RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

HOLLYWOOD GOLD & SILVER EXCHANGE BULLION WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT HOLLYWOOD GOLD & SILVER EXCHANGE CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT.  THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF HOLLYWOOD GOLD & SILVER EXCHANGE CONTROL.

PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLLYWOOD GOLD & SILVER EXCHANGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

16. Limitation of Liability

HOLLYWOOD GOLD & SILVER EXCHANGE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUYBACK SALES PLACED VIA THE HOLLYWOOD GOLD & SILVER EXCHANGE ONLINE ORDER ENTRY SYSTEM FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE HOLLYWOOD GOLD & SILVER EXCHANGE ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. HOLLYWOOD GOLD & SILVER EXCHANGE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, HOLLYWOOD GOLD & SILVER EXCHANGE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO THE BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES OR FOR ANY OTHER CAUSES BEYOND HOLLYWOOD GOLD & SILVER EXCHANGE REASONABLE CONTROL. HOLLYWOOD GOLD & SILVER EXCHANGE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE HOLLYWOOD GOLD & SILVER EXCHANGE ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR OMISSIONS. HOLLYWOOD GOLD & SILVER EXCHANGE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

  1. Indemnity and Release

You agree to defend, indemnify and hold Hollywood Gold & Silver Exchange 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 Website 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 Hollywood Gold & Silver Exchange, or (g) your failure to perform your obligations hereunder.  If you are obligated to provide indemnification pursuant to this provision, Hollywood Gold & Silver Exchange 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 Hollywood Gold & Silver Exchange’s consent.

You hereby agree to release the Hollywood Gold & Silver Exchange 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 Website and related products and services.

  1. Relationship

The sole relationship between you and Hollywood Gold & Silver Exchange is that of the purchaser-seller.  No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

  1. No Waiver

Upon your failure to comply with your duties and obligations to Hollywood Gold & Silver Exchange, the latter reserves all rights and remedies available at law or in equity.  No delay or failure on the part of Hollywood Gold & Silver Exchange 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 Hollywood Gold & Silver Exchange 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 Hollywood Gold & Silver Exchange the right to charge your credit card for any and all market losses incurred by Hollywood Gold & Silver Exchange, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Hollywood Gold & Silver Exchange as a result of price and market fluctuations for which you did not fulfill.

  1. No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without the express prior written consent of Hollywood Gold & Silver Exchange.  Such consent may be granted or withheld by Hollywood Gold & Silver Exchange at its sole and absolute discretion.  This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Hollywood Gold & Silver Exchange.

  1. Force Majeure

You acknowledge and understand that if Hollywood Gold & Silver Exchange and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Hollywood Gold & Silver Exchange and/or the Website 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 Hollywood Gold & Silver Exchange and/or the Website.  HOLLYWOOD GOLD & SILVER EXCHANGE 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.

  1. Warranties, Representations, and Restrictions of Website 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 age, 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 Hollywood Gold & Silver Exchange 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 Website 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 where you use the Website.  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 Website 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 Website, 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.

In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) 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; (iii) 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; (iv) 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; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (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; (viii) use any meta tags or any other “hidden text” utilizing the Hollywood Gold & Silver Exchange name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.

  1. Resolution of Disputes and Governing Law; Waiver of Jury and Arbitration Agreement

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 Hollywood Gold & Silver Exchange with respect to this Agreement and/or the Website.  All disputes arising out of or relating to these Terms & Conditions (including formation, performance, or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, CA, in accordance with the Rules of the American Arbitration Association.  You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and 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, Hollywood Gold & Silver Exchange will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, CA, to enforce these Terms & Conditions 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 California, 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 Website, must be filed within one calendar year after such claim or cause of action arises or forever be barred.  In the event that Hollywood Gold & Silver Exchange 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 Hollywood Gold & Silver Exchange, 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 Hollywood Gold & Silver Exchange to carry out this Agreement.

  1. 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.

  1. Entire Agreement

This Agreement constitutes the entire agreement between you and Hollywood Gold & Silver Exchange and governs your use of the Website, superseding any prior agreements.

  1. Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATION TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18), and Hollywood Gold & Silver Exchange will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Hollywood Gold & Silver Exchange inadvertently collects such personally identifiable information, Hollywood Gold & Silver Exchange will delete the personally identifiable information in accordance with its security protocols.

  1. Reservation of Rights

All rights not expressly granted herein are reserved to Hollywood Gold & Silver Exchange.

  1. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

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