Terms & Conditions
By entering, using, or connecting to Safeguard Metals LLC (“SGM” or “Company) website, you (the user) agree that you have read, understand and accept the terms and conditions as set forth herein.
Safeguard Metals (“SGM”) is solely a retailer providing precious metals for customers individually and IRA accounts. SGM’s services and products are for investment purposes only. By connecting to the website, you acknowledge that you understand SGM’s mission. SGM does not provide trading advice. Rather, it provides a retail site for customers to purchase and sell precious metals. Anything on the site is for informational purposes only and shall not be construed as trading advice, investment advice or the like.
Copyright Notice
The copyright in all material provided on SGM’s websites (“Sites”) and in its course materials is held by SGM or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or retransmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SGM or the copyright owner.
Permission is granted to display, copy, distribute and download the materials on these Sites for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You also may not, without SGM’s permission, “mirror” any material contained on these Sites on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
Any unauthorized use of any material contained on these Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
PRECIOUS METALS NOTICE
Past performance is not necessarily indicative of future results. Hypothetical performance results may have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.
One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
RISK DISCLOSURE AND DISCLAIMER STATEMENT
The statements made on this website are opinions of Safeguard Metals LLC. Past performance is not necessarily indicative of future results. Precious metals, carry risk and investing in precious metals directly or through an IRA is not suitable for all investors. Precious metals and coins may appreciate, depreciate, or stay the same depending on a variety of factors. Precious metals can and will fluctuate unexpectedly. Safeguard Metals cannot guarantee, and makes no representation, that any metals purchased will appreciate at all or appreciate sufficiently to produce a profit above and beyond the mark up/ commissions charged. The decision to purchase or sell precious metals, and which precious metals to purchase or sell, are the customer’s decision alone, and purchases and sales should be made subject to the customer’s own research, prudence and judgment.
THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF PURCHASING AND SELLING PRECIOUS METALS.
B. INVESTMENT MANAGER DATA
Safeguard Metals LLC (hereinafter referred to as “SGM” or “Company”) may offer content from third parties on the Website. This content may include types of investments made by certain investment managers, hedge funds, investor qualifications and certain limited historical performance information (the “Manager Data”). SGM is granting you a revocable, non-exclusive, non-transferable, limited license/right to access the Manager Data on the Website only for your personal use. In no event will you publish, retransmit, redistribute or otherwise reproduce any Manager Data in any format to anyone, and you shall not use any Manager Data in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
You acknowledge and agree that the Company (SGM) does not guarantee the availability of any data on the Website at any time and that access to the information contained on the Website may be limited or unavailable due to a number of factors, including, but not limited to, periods of peak demand, system upgrades, failure of communications, acts of war or terrorism and other factors both within and without SGM’s control. The Company reserves the right to suspend, deny access to or otherwise limit the information made available on the Website at any time and from time to time in its sole and absolute discretion and without prior notice. You understand that the Manager Data may not be current and may quickly become unreliable for a number of reasons, including changes in market conditions or the financial condition of the investment managers or hedge funds. The Company has no obligation to update any of the Manager Data or provide notice of any such change.
C. QUOTES AND E-MAIL ALERTS
Quotes for precious metals (“Quotes”) appearing on the service are supplied by a variety of vendors. Unless otherwise indicated, Quotes are delayed at least 15 minutes. Quotes indicated as “real-time quotes” are made available without delay following their receipt from Quote Vendors. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All Quotes are labeled with “time of last trade” to indicate the timeliness of the data.
All information provided by Quote Vendors and their affiliates (the “Quote Vendors Information”) included in the service is owned by or licensed to Quote Vendors and their affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Quote Vendors Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Quote Vendors Information in any format to anyone, and no user shall use any Quote Vendors Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a trade based upon the Quote Vendors Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither Quote Vendors nor their affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Quote Vendors Information. The Quote Vendors Information is provided to the users “as is.” Neither Quote Vendors nor their affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Quote Vendors Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
D. NO REFUNDS, EXCHANGES OR RETURNS
If you decide to purchase precious metals from SGM, NO REFUNDS, NO EXCHANGES, and NO RETURNS are permitted except as specified in the customer agreement . All sales are final and there are no refunds in whole or in part. If in the rare case, SGM (at its sole discretion) authorizes a return , YOU MUST FIRST OBTAIN A RETURN MERCHANDISE AUTHORIZATION NUMBER (RMA) FROM SGM. Any return sent to SGM that does not have a valid RMA will be rejected and sent back to you. All shipping charges will be your responsibility.
E. THIRD PARTY LINKS AND ADVERTISERS
On occasion, this site may contain links to third parties and/or advertisers. SGM is not responsible for the material contained on any other website nor does it vouch for the quality or accuracy of any information from any third party or advertiser. You, the user, are solely responsible for any action taken as to information provided by a third party or advertiser.
F. GOVERNING LAW; VENUE
This Agreement and any services hereinafter provided by SGM, shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of laws rules, statutes or principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You irrevocably agree and consent to submit to the personal and exclusive jurisdiction of the state courts or federal courts located within the City of Cheyenne, Laramie County, Wyoming for the purpose of litigating any and all claims or disputes regarding or related to this Agreement. If you bring an action, you will bring such action in the state courts or federal courts located within the City of Cheyenne, Laramie County, Wyoming. You agree that SGM makes and will perform this Agreement in Cheyenne, Wyoming.
G. MISCELLANEOUS
This website and all information on this website or any other information has been prepared solely for informational purposes and is not a solicitation, or an offer to buy or sell any security, commodity, futures contract, option interests, precious metal investment or the like. The information has been compiled in good faith and from sources believed to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness. The information does not purport to be a complete description of the precious metals markets, or developments referred to in this website or in any of the materials. All expressions of opinion are subject to change without notice. The information has been compiled and obtained from internal sources and external sources, which we consider and believe to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness and we have not independently verified such information. Therefore, we assume no responsibility for errors or omissions. We do not undertake to advise you of any changes whatsoever.
The user agrees that neither SGM nor any other entities associated with SGM or this website shall be liable for any direct, indirect, consequential or any other loss arising from the use of this website, or the use of any other information or material. The user also agrees that in no event shall SGM or any other entities associated with SGM or this website, be held liable for any damages, of any kind, including but not limited to, loss of profits, lost savings, or other incidental or consequential damages. Our employees, clients, company and or officers and directors, may from time to time have positions in any of the instruments or investments described or discussed on our website or in our materials. All investments, including precious metals, and the like involve substantial risk. You may lose your entire investment capital and more.
In the event that any results published or promoted in connection with any trading methodology, system, or technique (that are either published, discussed or electronic) are not clearly labeled as hypothetical or simulated per the within disclaimer, the results shall be construed as hypothetical.
In whole or in part, the information available on this website is the property of SGM and/or its affiliates and is protected by copyright and other intellectual property laws. Except as stated herein, you agree not to copy, record, video, photograph, reproduce, distribute, sell, share, disseminate, display, project, publish, post, upload, broadcast, circulate, transmit, retransmit, or the like any of the material or information (in whole or in part) in any form or by any means, including by not limited to, electronic, mechanical, photocopying, recording, or otherwise to anyone, without the express prior written consent of SGM or the copyright owner. SGM may change or discontinue the service of this website at any time without any notice.
H. ACCEPTANCE OF RISK AND RELEASE OF LIABILITY.
You agree not to hold (SGM) Safeguard Metals LLC responsible in any way for any monetary or non-monetary damages (including but not limited to, stress, emotional suffering and other injuries) and/or losses resulting from the use of any information, materials, services, products, websites or the like offered by SGM. You are responsible for your own trading actions. Furthermore, no guarantee is made that any of the information, materials, services, products, websites, signals, methods, analysis, techniques or anything else offered by SGM will be profitable or will not result in losses.
I. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties hereto, and cannot be changed or terminated except by a written agreement signed by the parties and shall inure to the benefit of the parties’ successors and assigns.
J. COSTS AND EXPENSES.
Any costs and expenses incurred by SGM (including, without limitation, reasonable attorneys’ fees) in enforcing any of its rights or remedies under this Agreement or in any litigation or lawsuit, including collection of any outstanding balances due, shall be paid by you the user..
K. NO WAIVER OF RIGHTS.
Failure to exercise any right by SGM under this Agreement does not constitute a waiver of such right, unless expressly agreed in writing.
L. SEVERABILITY
Each of the provisions of this Agreement is severable from every other provision of this Agreement and the invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement.