User Agreement
Revised and effective as of April 17, 2023
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12.
THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN RISKS AND DISCLAIMERS, SET FORTH IN SECTION 6, AS WELL AS A LIMITATION OF LIABILITY, SET FORTH IN SECTION 13.
PLEASE READ THOSE SECTIONS CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS.
In order to utilize the website www.usmoneyreserve.com and other services provided by U.S. Money Reserve (“USMR”) including but not limited to placing Sales Orders from USMR, and placing Purchase Orders to USMR, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “Agreement”). These terms apply to all Orders, all Sales and all Purchases and Purchase Orders made through the Website. This Agreement is entered into for the purchase, sale and trade of precious metals, independent graded coins, rare currency and all other products which USMR offers or may offer in the future.
By accepting goods purchased from USMR and/or purchasing goods from USMR in the future, you agree to be bound by the terms set forth herein. If you do not consent to these terms, you may return your purchase for a full refund within thirty (30) days of the purchase date to the following address: USMR P.O. Box 170340 , Austin, Texas 78717. Unless specifically excluded in a writing signed by you and USMR these Terms of Purchase are incorporated by reference into all future agreements between you and USMR.
You may navigate directly to any Section by selecting the appropriate link below. The headings and subheadings in this Agreement are for reference only and do not limit the scope of each section. Certain capitalized terms have specific definitions in Section 15 (Definitions).
This Agreement governs all Sale and Purchase transactions, including but not limited to placement of Sales Orders from USMR and Purchase Orders to USMR, as applicable. This Agreement does not cover the purchase of precious metals for USMR’s Self Directed IRA program. If you are interested in that program, please see the IRA section on the Website and complete the IRA application.
Arbitration Clause
Information on the Arbitration Agreement and Class Action Waiver is detailed in Section 12. A physical copy can be obtained by contacting Francine Breckenridge at 512-249-5194 ext. 1201, or requested by mail at 6500 River Place Blvd., Bldg 3, Ste 400, Austin, TX 78730.
Consent for Contact
By entering my information on any form on the USMR website and clicking the submit button, I also opt into receiving U.S. Money Reserve autodialed advertising or marketing calls and texts at the phone number(s) I provide. Consent is not a condition of purchase. Message & data rates may apply. Should you wish to opt out of certain communications, such as marketing calls, emails, or text messages, please go to https://www.usmr.com/communication-preferences to opt out or, for text messages, reply STOP.
- Buying from Us
- Sending Your Payment
- Shipping Your Product
- Canadian Orders
- USMR Return Policy, Buy-Back and Customer Service Policies
- Risks and Disclaimers
- Cancellation
- Text Messages and Other Telephonic Communications
- Market Loss Policy
- Binding Contract
- Security Policy
- Binding Arbitration and Class Action Waiver
- Limitation of Liability
- General Provisions
- Definitions
- Buying from Us
a. Placing an Order
If you are from the United States and Canada, you may place an order with USMR via the USMR Website. All sales are then verified with you by telephone.
b. Sales Order Price Confirmations
When buying online from USMR, the price at which your Sales Order is submitted is the price quoted on the Website once the order is confirmed by you. The charges USMR adds are for shipping, handling, and all applicable state sales and other taxes, including without limitation, any taxes charged by Canada, which are disclosed at the time of purchase. Your confirmation number for your transaction will be provided in your return email.
c. Sales Order Changes
A Sales Order may not be changed. USMR suggests you take the time and exercise the necessary diligence up front to make sure the Product you want is exactly what you request from USMR as reflected in your Sales Order.
d. Sales Order Payment Requirements
When you buy from USMR, you must ensure that your payment is received by USMR. If you default and payment is not timely received by USMR, USMR reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Sales Order; (c) close your account; and/or (d) preclude you from placing future purchases with or from making future Sales to USMR.
When making payment by mail or wire, USMR recommends making payment the same day your Sales Order is placed and, when mailing payment, that you use a Federal Express or a similar service that offers priority delivery and provides you with a tracking number.
- Sending Your Payment
Payment instructions will be issued online on the Website of the online Sales Order after you place your Sales Order. Payment must be dated within 24 hours of your Sales Order date and time. USMR does not accept cash-on-delivery Sales Orders. USMR reserves the right to refuse or cancel any Sales Order at any time prior to processing payment.
a. Payment Options
Credit Card: USMR may, but is not obligated to, accept VISA and MasterCard for Sales Orders for purchase of goods up to $10,000.00 per calendar month. All credit card Orders are manually approved during payment clearing time, which is typically within one business day for payment to verify and funds to clear. Some credit card Orders, however, may require additional clearing time if subject to further review by USMR’s fraud team. USMR will only ship to the credit card billing address you provide. USMR requires the credit card billing address entered to match the address on record with your credit card company. Please confirm that the shipping address that you provide is the same as your billing address before placing a Sales Order by credit card. USMR has the right to refuse any credit card payment for any reason in its sole discretion.
Cashier’s Check, Personal Check, and Money Order: USMR may, but is not obligated to, accept the following approved forms of paper check for an online order up to $50,000.00: cashier’s checks, personal checks and money orders. You will also receive a 3% discount over credit card Orders on paper check Orders. USMR is unable to accept personal checks from Canadian customers. USMR deposits all of these payment types for collection.
Paper checks Orders MUST be received by USMR within 10 calendar days of your Sales Order placement. All orders not paid within this time frame will be cancelled.
The payment clearing time begins when USMR receives the paper check. To minimize the risk of fraud, paper check Orders will require up to an additional 10 calendar days for payment to be verified and funds to clear.
IF THE CASHIER’S CHECK, MONEY ORDER OR PERSONAL CHECK IS NOT RECEIVED BY USMR WITHIN 10 CALENDAR DAYS FROM THE DATE YOU PLACED THE SALES ORDER(S) AND YOU HAVE MAILED THE PAYMENT, USMR WILL REQUIRE PROOF OF MAILING TO AVOID ORDER CANCELLATION. USMR STRONGLY RECOMMENDS THAT YOU SEND YOUR PAYMENT WITH MAILING/TRACKING CONFIRMATION.
Bank Wire: USMR may, but is not obligated to, accept bank wire Orders with a $1,000.00 minimum and a $100,000.00 maximum. For bank wires, your payment clearing time is instant upon receipt of payment and funds are verified. You will also receive a 3% discount over credit card Orders on bank wire Orders.
All bank wires MUST be received by USMR within one business day of the placement of your Sales Order(s). All orders not paid within this time frame will be cancelled and administrative fees/market loss policy will apply and be billed without any exceptions made. For example, if a Sales Order is placed before midnight on a Saturday, the bank wire would need to be received by USMR by the close of business on Monday (or the next business day, if Monday is a USMR or bank holiday). If a Sales Order is placed before 8 a.m. CST on a non-holiday Monday, the bank wire would need to be received by USMR by the close of business on Monday. A Sales Order placed Monday evening would need to be received by USMR by Tuesday at close of business.
b. Currencies
USMR currently accept payments for Sales Orders in US Dollars only. Payment amount must equal prices quoted in USD.
- Shipping Your Product
A Sales Order processing time is the period after payment has cleared, and when the Order is prepared and fulfilled for shipment. Order processing time is typically completed within three (3) business days. Sales Orders are shipped by USMR, in its discretion, by registered/insured U.S. Mail, UPS, Federal Express or other delivery service or common carrier. Each package is fully insured with adult signature required upon delivery. Packages sent registered and insured mail can take on average 5-10 Business Days to be received. Packages cannot be rerouted/redirected. Holds for pickup at post office or other common carriers are forbidden and monitored.
a. Estimated U.S. Shipping, Handling and Insurance Charges, Subject to Price Change by Carrier
- $15.00 (USD) for Sales Orders up to $499.99 (USD)
- $25.00 (USD) for Sales Orders up to $999.99 (USD)
- $35.00 (USD) for Sales Orders up to $4,999.99 (USD)
- $45.00 (USD) for Sales Orders up to $9,999.99 (USD)
- $55.00 (USD) for Sales Orders up to $14,999.99 (USD)
- $65.00 (USD) for Sales Orders up to $24,999.99 (USD)
- FREE for Sales Orders of $25,000.00 (USD) and over
b. Insurance for Sales Orders
USMR insures all of its Sales Order shipments to you for the sale value of the enclosed Product(s) purchased from USMR, subject to the following limitations. USMR must be notified in writing of a lost package within thirty (30) days from the ship date of your order. Should anything happen while your package is in transit, you might be permitted to claim coverage under USMR’s insurance policy provided that you directly receive the package from the common carrier. Neither USMR , nor its insurance company, accept (and USMR specifically disclaims) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without requiring your signature. Neither USMR, nor its insurance company, accept (and USMR specifically disclaims) responsibility if you have given any carrier or delivery service instructions to leave your package with anyone else. In such cases, your package will not be covered for insurance by USMR or its insurance carrier. If you do not receive the package directly from the common carrier, you agree to take all reasonable steps to assist in the recovery of the packages, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither USMR, nor its insurance company or carrier, will have any liability to you.
When USMR ships to you, if Products are lost or damaged in transit, it is USMR’s responsibility to pursue and claim with the insurance company. If USMR determines the package is lost or damaged, USMR will file a claim. Once the claim is filed, USMR reserves the right to re-ship your items or refund your money at USMR’s discretion, and USMR shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with USMR in any investigation or claim process and to take every reasonable action requested of you in the process.
c. Back Ordered Items
Supply and demand problems may occasionally occur in USMR’s business. If this should happen, USMR may delay delivery of your Product(s) up to 28 calendar days (from your expected shipping date) to fill your Sales Order. Provided that you have not defaulted in the terms of your completed transaction, even if the price were to rise, your price is locked in. If the price is lower, USMR will honor the lower price. USMR will typically deliver Bullion (non-Numismatic) Product within 28 calendar days. If your Sales Order included a numismatic or supply item from USMR and USMR is sold out, USMR will either place the item on back order, attempt to locate another or refund your original sales price.
4. Canadian Orders
Shipping rates for Canada are the same as the United States shipping rates, but shipments to Canada may take longer to arrive. Please note that all applicable Canadian or Province taxes will apply to all Canadian Orders. For further information, please see: www.cra-arc.gc.ca/menu-e.html.
5. USMR Return, Buy-Back and Customer Service Policies
If you are not completely satisfied with your order, USMR will accept the return of any certified coin(s) within 30 days of purchase and provide a full refund, excluding shipping, handling and insurance costs, provided the certified coins are in their original condition and remain in their sealed container. For Certified coins returned after 30 days of purchase USMR is available to liquidate any and all precious metals USMR has provided to our clients according to our liquidation policy. There is no money back guarantee on bullion purchases, unless otherwise expressly stated in a specific advertisement.
USMR maintains a dedicated Customer Service Department that handles all customer service issues, including liquidation requests, refund requests and complaints. If, at any time in the future, you decide you would like to sell any precious metal or coin products purchased from USMR, as a service to USMR’s customers, USMR will provide you the opportunity to sell such products back as detailed above. You are, of course, free to sell to others. Due to market conditions at the time of your sale and other factors, you may receive less than what you originally paid. USMR’s customer relations department can be reached at 1-800-867-6101.
6. Risks and Disclaimers
The markets for coins are unregulated. Prices can rise or fall and buying coins carries some risks. USMR is not affiliated with the U.S. Government and the U.S. Mint. Past performance of the coin or the market cannot predict future performance. USMR is always prepared to assist you in selecting coins for your portfolio or collection. You understand, however, that the decision to purchase coins, and which coins to purchase, is ultimately yours alone.
a. Authenticity Risks and Disclaimer
Forgery and counterfeiting are risks associated with the purchase of rare coins. To minimize these risks, it is recommended that customers purchase coins certified by one of the leading independent coin grading services. With the exception of certain uncertified circulated coins, each coin sold by USMR has been graded by the Professional Coin Grading Service (“PCGS”). This coin grading service is recognized within the coin grading industry for its superior expertise. USMR guarantees unequivocally that coins certified by it are authentic. USMR relies upon those guarantees in selling coins. USMR does not independently verify whether certified coins are authentic. ACCORDINGLY, USMR , TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ANY STATUTORY, EXPRESS OR IMPLIED WARRANTIES OTHERWISE ATTACHING TO THE COINS, INCLUDING THAT THE COINS ARE MERCHANTABLE.
b. Grading Risks
The retail price of a rare coin is highly dependent upon the condition or “grade” of that coin. Since grading is a subjective process, there is a risk in acquiring coins whose grades have not been independently certified by one of the leading independent coin grading services. The possibility exists that a coin could be misgraded by one of the independent grading services, and it is possible for such services to assign a different grade to the same coin upon resubmission. The guarantees provided by such services provide protection against misgrading, given the continuing solvency of the services. USMR cannot be responsible for any of the services’ guarantees or for subsequent changes in their policies and expressly disclaims any express or implied warranties associated with the grades assigned by PCGS.
c. Volatility
The coin market is subject to substantial fluctuations including significant and rapid increase and decreases in retail pricing from time to time. Customers must be able to assume the risk of such price fluctuations.
7. Cancellation
You may cancel any transaction under this Agreement without any penalty or obligation at any time prior to midnight of the third business day after your receipt of this notice regarding that transaction, and within three days of your receipt of any Products. If you cancel, any payments made by you under the sale will be credited to your charge account within ten (10) business days following receipt by USMR of your written notice of cancellation. To cancel the transaction, mail or deliver a written notice of cancellation, or send a telegram to U.S. Money Reserve, Inc., P.O. Box 170340 , Austin, Texas 78717.If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract of sale; or you may, if you wish, comply with the instruction of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
8. Text Messages and Other Telephonic Communications
Consent to Receive Telephonic Communications. By creating an account or otherwise providing USMR with your telephone number, you consent to receive telephonic communications from us. For example, USMR may call or text you with alerts about your account, Orders, or other transactions with us. You may also sign up to receive marketing or promotional calls and text messages. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to provide the consent described herein. In the event that you change or deactivate the phone number you provided to USMR, you agree you will promptly notify USMR by contacting Mychael Bingham at [email protected] or 737-787-1295, Francine Breckenridge at [email protected] or 512-583-6545, or Christol Farris at [email protected] or 737-787-1301, to have your number removed and/or updated.
By signing up or otherwise consenting to receive telephonic communications, you agree to these terms and that USMR or its vendors may use any automated or non-automated technology to call or text you. USMR will not require you to receive marketing or promotional calls or text messages as a condition of purchasing the Products or other placing an Order.
Text Messaging Program. If you sign up or otherwise consent to receive text messages from USMR, while USMR does not charge you for these text messages, message and dates rates may apply. Depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. For its text message program, USMR may send you an initial message confirming that USMR has received your opt-in. After that, the specific amount of text messages may vary depending on how you use USMR’s services and whether you take steps to generate additional text messages from USMR (such as by sending a HELP request).
The phone numbers USMR uses to send text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and certain text message services may be limited to specific carriers. USMR is not liable for delayed or undelivered messages.
Opting Out. You may opt out of receiving marketing or promotional communications by (1) clearly communicating your opt-out request to USMR customer support personnel; or (2) replying STOP to a marketing or promotional text message from USMR.
Consent to Electronic Records. You consent to the use of an electronic record to document your consent to receive telephonic communications from USMR. You may withdraw your consent to the use of the electronic record by emailing Mychael Bingham at [email protected], Francine Breckenridge at [email protected], or Christol Farris at [email protected], with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer, tablet, or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update USMR’s records of your contact information, please e-mail Mychael Bingham at [email protected], Francine Breckenridge at [email protected], or Christol Farris at [email protected], with contact information and the address for delivery. This Agreement will still apply if you withdraw the consent mentioned above or opt out of telephonic communications.
9. Market Loss Policy
When you buy from USMR, once USMR has issued a Sales Order confirmation number, you have a binding contract, the transaction price is locked in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Sales Order confirmation time and USMR believes this is one of the key advantages of transacting with USMR.
When you sell to USMR, once USMR has issued a Purchase Order confirmation number, you have a binding contract, the transaction price is locked in and the corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Purchase Order confirmation time and USMR believes this is one of the key advantages of transacting with USMR. When selling to USMR the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at USMR’s current purchase price. Sales to USMR must be shipped within one (1) business day and you must contact USMR via email at [email protected] or telephone at 1-800-867-6101 to provide a tracking number so that USMR can confirm that the product is en route.
10. Binding Contract
Once you have placed a Sales Order to buy from USMR or a Purchase Order to sell to USMR, you have entered a binding contract.
11. Security Policy
USMR uses security measures to protect the confidentiality of personal information under USMR’s control and appropriately limit access to it. USMR cannot ensure or warrant the security of any information you transmit to USMR and you do so at your own risk.
USMR uses a variety of information security measures designed to protect your online transactions with us. The Website uses Secure Sockets Layer (SSL) encryption technology to protect your personal information during data transport. SSL protects information you submit via the Website such as ordering information, including your name, address and credit card number.
12. Binding Arbitration and Class action Waiver
a. Scope.
This agreement to arbitrate (“Arbitration Agreement”) applies to any and all disputes, claims, or controversies between you and USMR arising out of or relating to your purchase of any USMR products, any communications, advertising or marketing by or regarding USMR, use of USMR’s website (including your reliance on any resources, articles or information made available on USMR’s website), any products or services made available, offered, sold or distributed by USMR, any aspect of your relationship or transactions with USMR, and all other aspects of your relationship with USMR, past, present or future, whether arising under federal, state or local statutory and/or common law, or whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), deceptive or fraudulent trade practices, deceptive or fraudulent business practices, or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below) (collectively, the “Disputes”).
b. Exclusions from Arbitration.
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS ARBITRATION AGREEMENT (the “Opt-Out Deadline”). You may opt out by mailing written notification to P.O. Box 170340, Austin, TX 78717. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with USMR. You are responsible for ensuring USMR's receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court
c. Reservation of Right to Reject.
USMR reserves the right to reject your request for arbitration for any Dispute which can be resolved in small claims courts.
d. Pre-Arbitration Dispute Resolution.
For all Disputes, you must first give USMR an opportunity to resolve the Dispute. You must commence this process by mailing written notification to P.O. Box 170340, Austin, TX 78717. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If USMR does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
e. Federal Arbitration Act.
The parties each mutually agree to resolve all Disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to all Disputes. The parties each also expressly agree that this Arbitration Agreement will be governed by the FAA even if you and/or USMR and/or this Arbitration Agreement is otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Texas law governing arbitration agreements will apply.
f. Class Action Waiver.
The parties each mutually agree that by entering into this agreement to arbitrate, both waive their right to have any Dispute brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to consolidate more than one person’s claims, and may not otherwise hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the Dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Arbitration Agreement, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this mutual arbitration provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
g. Arbitration Procedures.
Any Dispute shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its then current Consumer Arbitration Rules in effect at the time the arbitration is initiated. If you bring a claim subject to arbitration, you will pay toward the fees and deposits imposed by the AAA or other arbitrator only an amount equal to the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction.
h. Location of Arbitration.
If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this section and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability.
i. Awards.
Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
j. Bellwether Proceeding.
IF TEN OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE RAISING SIMILAR CLAIMS, AND COUNSEL FOR THE CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. COUNSEL FOR CUSTOMERS AND COUNSEL FOR USMR SHALL EACH SELECT FIVE CASES TO PROCEED FIRST IN ARBITRATION IN A BELLWETHER PROCEEDING. THE REMAINING CASES SHALL NOT BE FILED IN ARBITRATION UNTIL THE FIRST TEN HAVE BEEN RESOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE CONCLUSION OF THE BELLWETHER PROCEEDING, EACH SIDE MAY SELECT ANOTHER FIVE CASES TO PROCEED TO ARBITRATION FOR A SECOND BELLWETHER PROCEEDING. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES ARE ABLE TO RESOLVE ALL OF THE CLAIMS, EITHER THROUGH SETTLEMENT OR ARBITRATION. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS CLAUSE AND, IF NECESSARY, TO ENJOIN THE MASS FILING OF ARBITRATION DEMANDS AGAINST USMR.
13. Limitation of Liability
UNLESS REQUIRED BY STATUTE, UNDER NO CIRCUMSTANCES SHALL USMR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. EXCEPT AS REQUIRED BY STATUTE, USMR'S LIABILITY IN ANY AND ALL DISPUTES, WHETHER BASED IN TORT, CONTRACT, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE ITEMS IN DISPUTE MINUS THE ITEM'S FAIR MARKET VALUE AS OF THE DATE OF THE COMMENCEMENT OF THE ARBITRATION.
a.) Absence of Relationship
The sole relationship between USMR and you is that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between USMR and you exists.
b. Additional Items
Additional terms relating to certain Products (such as prices, methods of payment, USMR’s policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the USMR Website on the pages describing the Products.
c. Assignment
You may not assign any of your rights or obligations under this Agreement without the prior written consent of USMR, which may be granted or withheld by USMR in its sole discretion. USMR may transfer or assign its rights under this Agreement at any time without notice. This Agreement, is binding upon the parties and their successors, heirs and permitted assigns. Any attempted assignment in violation of this paragraph is void.
d. Confidentiality
You shall hold the existence and terms of all your transactions with USMR, including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction or (c) it is a review of the company’s product, service, or conduct or an opinion is publicly expressed in the marketplace. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, USMR and you shall cooperate, in good faith, with USMR in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.
e. Choice of Law
The laws of the State of Texas govern all matters arising out of this Agreement, excluding conflict of law principals.
f. Force Majeure
If USMR cannot perform any obligation hereunder as a result of any event that is beyond its control, including but not limited to (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) failure of suppliers, or any other cause, event, circumstance, or reason whether or not similar to those listed in this paragraph. USMR’s delay or failure to perform such obligation shall be excused and USMR shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
g. Notices
Except as otherwise provided herein, all notices and other communications to USMR shall be directed to USMR, c/o Chief Compliance Officer, PO Box 170340 Austin, Texas 78717 and all other notices and other communications to you shall be directed, at the option of USMR, to the address that you provided to USMR at the time of your registration. USMR’s Mailing Address is ATTN: Francine Breckenridge, 6500 River Place Blvd., Building 3, Suite 400, Austin, TX 78730.
h. Privacy Policy
Please review USMR’s Privacy Policy on the Website. It explains how USMR uses information that you submit to USMR.
i. Recording of Phone Conversations
USMR may record phone conversations between you and USMR, and you expressly consent to the recording of such phone conversations.
j. Absence of Waivers
A decision or failure by USMR to take action with respect to any non-compliance by you or your obligations to USMR or to insist upon strict adherence to any term in this Agreement, does not affect the ability of USMR with respect to any other non-compliance by you, and does not waive or limit USMR’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
k. Pricing, Typographical or Advertising Errors
USMR works hard to provide: 1) accurate product and pricing information; and 2) accurate advertising to you. However, errors in pricing or typographical mistakes on the website and in advertisements and other written documents and materials may occur. If an item is listed at an incorrect list price or with incorrect information due to an error in pricing or product information, USMR shall have the right, in its sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. USMR will either contact you for instructions or cancel your Sales Order or Purchase Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending your products to you or your payment, as the case may be, you waive any right to claim or actual damages of any kind or nature whatsoever.
l. Severability
This Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
m. Amendment
This Agreement may be amended only by a written document that identifies itself as an amendment to this Agreement and is signed by both you and USMR.
n. Entire Agreement; Headings
This Agreement (including the Privacy Policy, which is incorporated herein by this reference) and confirmations of the Sale or Purchase transactions hereunder set forth the entire understanding between USMR and you with respect to the subject matter hereof and thereof. If you are attempting to conduct business with USMR on someone else’s behalf, USMR must first receive any and all legal documents (i.e., without limitation, Power of Attorney, Letter Testamentary, etc.) that you have authority to conduct such online business for that person. The paragraph headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of the paragraph, or in any way affect this Agreement. As used in this Agreement, the term “including” and terms of like import will be interpreted as terms of explication as if followed by the words “but not limited to”. The terms “hereof”, “hereunder”, “herein”, and similar expressions refer to this Agreement and not to any particular section or other portion hereof.
o. Anti Money Laundry Compliance
USMR strictly adheres to all applicable anti- money laundering laws and regulations, including all requirements of the USA Patriot Act and the BSA (collectively “AML”). USMR takes proactive steps to prevent, detect and report possible money laundering activities and suspicious transactions. As a matter of policy, USMR may refuse to conduct business with any person (s) who refuses to provide requested identification, or whose identification is questionable or is otherwise in derogation of USMR’s AML policies and procedures.
15. Definitions
The following terms have the following meanings in the User Agreement:
a. USMR
The term “USMR” means U.S Money Reserve, Inc., a Delaware corporation.
b. Bullion
The term “Bullion” means the term that is used to describe (1) Gold, Silver, Platinum or Palladium Coin(s), bar(s) or round(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and (2) the form in which metal is shaped such as bars, ingots or wafers.
c. Business Day(s)
The term “Business Day(s)” means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Texas.
d. Coin(s)
The term “Coin(s)” means a stamped piece of metal of a known weight and fineness issued by a sovereign government.
e. Fair Market Value
The term “Fair Market Value” means the Fair Market Value of the Coin Product as determined by USMR, in its reasonable discretion, as of 5:00 p.m., Central Time, on the date of cancellation of the Sales Order or the Purchase Order of the coins.
f. Market Gain
The term “Market Gain” means:
When a Sales Order or Sale, as the case may be, is cancelled by USMR, Market Gain occurs when the Fair Market Value of the Coin Product(s) on the date of the cancelled Sales Order or Sale is greater than the original sales price of the Coin Product(s) as it appears on the cancelled Sales Order.
When a Purchase Order or Purchase, as the case may be, is cancelled by USMR, Market Gain occurs when the Fair Market Value of the Coin Product(s) on the date of the cancelled Purchase Order or Purchase is less than the original purchase price of the Coin Product(s) as it appears on the cancelled Purchase Order.
g. Market Loss
The term “Market Loss” means:
When a Sales Order or Sale, as the case may be, is cancelled by USMR, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Sales Order or Sale is less than the original sales price of the Product(s) as it appears on the cancelled Sales Order.
When a Purchase Order or Purchase, as the case may be, is cancelled by USMR, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Purchase Order or Purchase is greater than the original purchase price of the Product(s) as it appears on the cancelled Purchase Order.
h. Numismatic Coins
The term “Numismatic Coins” means a Coin, the price of which depends more in its (their) rarity, condition, dates, and mint marks than on their gold or silver content, if any.
i. Numismatic
The term “Numismatic” means the study or collection of anything used as a medium of exchange – especially Coins and paper money.
j. Order(s)
The term “Order(s)” means, as applicable, a confirmed Sale by a customer or Purchase by USMR, whether such Order was made through the Website.
k. Precious Metal(s)
The term “Precious Metal(s)” means Gold, Silver and Platinum along with the Platinum group of elements: rhodium, osmium, ruthenium, Palladium and iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.
l. Product(s)
The term “Product(s)” means a Product that is the subject of an Order. A Product may include, without limitation, Bullion, a Coin, whether Numismatic, Semi-Numismatic or not, a Precious Metal, and/or supplies.
m. Purchase(s)
The term “Purchase(s)” means the acquisition of Product(s) by USMR from a customer, whether made through the Website, with the number, quality and price confirmed. A Purchase is distinct from the acquisition by a customer from USMR of a Product, which is treated as a Sale hereunder.
n. Purchase Order(s)
The term “Purchase Order(s)” means an Order placed by USMR with a customer for the acquisition by USMR of Product(s) from the customer.
o. Sale(s)
The term “Sale(s)” means the acquisition of Product(s) by a customer from USMR, whether made through the Website, with the number, quality and price confirmed. A Sale is distinct from the acquisition by USMR from a customer of a Product, which is treated as Purchase hereunder.
p. Sale Order(s)
The term “Sales Order(s)” means an Order placed by a customer with USMR for the acquisition by the customer of Product(s) from USMR.
q. User Content
The Term “User Content” means content posted by you on the Website, including without limitation any images or testimonials.
r. Website
The term “Website” means the websites located at www.usmoneyreserve.com
I acknowledge on request that I am over the age of 18 and of sound mind, capable of making purchase decisions.
