Terms And Conditions
Last Updated: 06/01/2022. |
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY |
ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE |
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN |
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE |
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. |
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE |
DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. |
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Prestige Metals |
Exchange (hereinafter " PME"), a company duly organized and validly existing, located at 205 East Ave. J , Silsbee, Texas |
77656. This Agreement annuls and voids all previous agreements. |
OVERVIEW |
The Site (www.prestigemex.com) is operated by PME. Throughout the Site, the terms "we", "us" and "our" refer to PME. |
PME offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon |
your acceptance of all terms, conditions, policies and notices stated here. |
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following |
terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by |
hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, |
customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any |
additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. |
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree |
to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use |
any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. |
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most |
current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these |
Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your |
continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. |
SECTION 1 - GENERAL TERMS |
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or |
that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of |
your minor dependents to use this Site. |
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, |
violate any laws in your jurisdiction (including but not limited to motor vehicle laws). |
You must not transmit any worms or viruses or any code of a destructive nature. |
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. |
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any |
reason without giving you any prior notice: |
1. Restrict, suspend or terminate your access to all or any part of our Site; |
2. Change, suspend or discontinue all or any part of our products or Site; |
3. Refuse, move, or remove any content that is available on all or any part of our Site; |
4. Deactivate or delete your accounts; |
5. Establish general practices and limits concerning use of our Site. |
You agree that we will not be liable to you or any third party for taking any of these actions. |
You understand and agree that our Site may include communications such as service announcements and administrative or |
legal notices from us. Please note that you cannot opt out of receiving these notices. |
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) |
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks |
or devices. Credit card information is always encrypted during transfer over networks. |
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site |
or any contact on the Site, without express written permission by us. |
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any |
way exploit any of the content, in whole or in part, found on the Site. PMEcontent is not for resale. Use of the Site does not |
entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any |
proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will |
make no other use of the content without the express written permission of PME and the copyright owner. You agree that you |
do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the |
intellectual property of PME or our licensors except as expressly authorized by these Terms. |
SECTION 2 - CREATING AN ACCOUNT |
Once you create an account with us, you are registered on the PME Site. The terms "member," "membership," and "account" |
all refer to this registration as a member on PME's Site. If you are merely surfing or browsing through the Site and have not |
yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use |
the Site. |
When you create an account, you will provide a unique username and email. We will also ask you to create a password. |
Because any activities that occur under your username or password are your responsibility it is important for you to keep your |
username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You |
acknowledge that PME is not responsible for third party access to your account that results from theft or misappropriation of |
your account. Notify us immediately if you believe that someone has used your username, email, or password without your |
authorization. |
Furthermore, the registering party hereby acknowledges, understands and agrees to: |
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data |
registration process, and |
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and |
completeness at all times. |
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Prestige Metals Exchange |
will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and |
as such refuse any and all current or future use of Prestige Metals Exchange services, or any portion thereof. |
SECTION 3 - CONDUCT |
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, |
photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, |
is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely |
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the PME |
Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that |
by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content |
posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or |
otherwise made available by PME. |
Furthermore, you herein agree not to make use of Prestige Metals Exchange's Services for the purpose of: |
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, |
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's |
privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; |
b) causing harm to minors in any manner whatsoever; |
c) impersonating any individual or entity, including, but not limited to, any PME officials, forum leaders, guides or hosts |
or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; |
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to |
any law nor having any contractual or fiduciary relationship with; |
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, |
copyright, trademark, or any other proprietary or intellectual rights of any other party; |
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right |
to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; |
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, |
promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been |
designated for such purpose; |
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other |
computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of |
any computer software, hardware, or telecommunication equipment; |
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other |
users' ability to participate in any real time interactions; |
j) interfering with or disrupting any Prestige Metals Exchange Services, servers and/or networks that may be connected |
or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot |
exclusion headers; |
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not |
limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition |
to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock |
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; |
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to |
any organization delegated by the United States government as a "foreign terrorist organization" in accordance to |
Section 219 of the Immigration Nationality Act; |
m) "stalking" or with the intent to otherwise harass another individual; and/or |
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited |
conduct and/or activities which have been set forth in the aforementioned paragraphs. |
Prestige Metals Exchange herein reserves the right to pre-screen, refuse and/or delete any content currently available |
through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms |
or which would otherwise be considered offensive to other visitors, users and/or members. |
Prestige Metals Exchange herein reserves the right to access, preserve and/or disclose member account information and/or |
content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: |
a) compliance with any legal process; |
b) enforcement of the Terms; |
c) responding to any claim that therein contained content is in violation of the rights of any third party; |
d) responding to requests for customer service; or |
e) protecting the rights, property or the personal safety of Prestige Metals Exchange, its visitors, users and members, |
including the general public. |
Prestige Metals Exchange herein reserves the right to include the use of security components that may permit digital |
information or material to be protected, and that such use of information and/or material is subject to usage guidelines and |
regulations established by Prestige Metals Exchange or any other content providers supplying content services to Prestige |
Metals Exchange. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage |
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or |
materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. |
SECTION 4 - SUBMITTED CONTENT |
Prestige Metals Exchange shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor |
make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Prestige Metals |
Exchange the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: |
a) The content submitted or made available for inclusion on the publicly accessible areas of Prestige Metals |
Exchange's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or |
publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific |
area to which this content was placed and/or made available for viewing. This license shall be available so long as you |
are a member of Prestige Metals Exchange's sites, and shall terminate at such time when you elect to discontinue your |
membership. |
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of |
Prestige Metals Exchange's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly |
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and |
promoting the specific area in which this content was placed and/or made available for viewing. This license shall be |
available so long as you are a member of Prestige Metals Exchange's sites and shall terminate at such time when you |
elect to discontinue your membership. |
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Prestige Metals |
Exchange's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, |
distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in |
whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current |
used or later developed. |
Those areas which may be deemed "publicly accessible" areas of Prestige Metals Exchange's Sites are those such areas of |
our network properties which are meant to be available to the general public, and which would include message boards and |
groups that are openly available to both users and members. However, those areas which are not open to the public, and |
thus available to members only, would include our mail system and instant messaging. |
CONTRIBUTIONS TO COMPANY WEBSITE |
Prestige Metals Exchange may provide an area for our user and members to contribute feedback to our website. When you |
submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: |
a) your contributions do not contain any type of confidential or proprietary information; |
b) PME shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to |
any Contributions; |
c) PME shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; |
d) the contributor's Contributions shall automatically become the sole property of PME; and |
e) PME is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. |
SECTION 5 - INDEMNITY |
All users and/or members agree to insure and hold Prestige Metals Exchange, our subsidiaries, affiliates, agents, employees, |
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, |
reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may |
submit, post, modify, transmit or otherwise make available through our Services, the use of PME Services or your connection |
with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. |
SECTION 6 - COMMERCIAL REUSE OF SERVICES |
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason |
any part, use of, or access to PME's sites. |
SECTION 7 - MODIFICATIONS |
Prestige Metals Exchange reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether |
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable |
to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part |
thereof. |
SECTION 8 - TERMINATION |
As a member of www.prestigemex.com, you may cancel or terminate your account, associated email address and/or access |
to our Services by submitting a cancellation or termination request to. |
As a member, you agree that Prestige Metals Exchange may, without any prior written notice, immediately suspend, |
terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. |
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: |
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; |
b) by way of requests from law enforcement or any other governmental agencies; |
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; |
d) unexpected technical or security issues and/or problems; |
e) any extended periods of inactivity; |
f) any engagement by you in any fraudulent or illegal activities; and/or |
g) the nonpayment of any associated fees that may be owed by you in connection with your |
www.prestigemex.com account Services. |
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for |
cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the |
termination of your account, associated email address and/or access to any of our Services. |
The termination of your account with www.prestigemex.com shall include any and/or all of the following: |
a) the removal of any access to all or part of the Services offered within www.prestigemex.com; |
b) the deletion of your password and any and all related information, files, and any such content that may be associated |
with or inside your account, or any part thereof; and |
c) the barring of any further use of all or part of our Services. |
SECTION 9 - LINKS |
Either Prestige Metals Exchange or any third parties may provide links to other websites and/or resources. Thus, you |
acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, |
we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or |
available from such third-party sites or resources. Furthermore, you acknowledge and agree that Prestige Metals Exchange |
shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or |
allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made |
available on or through any such site or resource. |
SECTION 10 - PROPRIETARY RIGHTS |
You do hereby acknowledge and agree that Prestige Metals Exchange's Services and any essential software that may be |
used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by |
applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which |
may be contained in any advertisements or information presented by and through our Services or by advertisers is protected |
by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted |
by applicable law or as authorized by Prestige Metals Exchange or such applicable licensor, you agree not to alter, modify, |
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based |
on Prestige Metals Exchange Services (e.g. Content or Software), in whole or part. |
Prestige Metals Exchange hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use |
of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to |
duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to |
locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right |
in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as |
such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining |
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any |
means other than through the interface which is provided by Prestige Metals Exchange for use in accessing our Services. |
SECTION 11 - WARRANTY DISCLAIMERS |
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: |
a) THE USE OF PRESTIGE METALS EXCHANGE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. |
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. |
PRESTIGE METALS EXCHANGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, |
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER |
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, |
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
b) PRESTIGE METALS EXCHANGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS |
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) PRESTIGE METALS EXCHANGE SERVICES OR |
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) PRESTIGE METALS EXCHANGE SERVICES OR |
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS |
WHICH MAY BE OBTAINED FROM THE USE OF THE PRESTIGE METALS EXCHANGE SERVICES OR |
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY |
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR |
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS |
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. |
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF PRESTIGE |
METALS EXCHANGE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND |
SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL |
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR |
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD |
RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. |
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY |
YOU FROM PRESTIGE METALS EXCHANGE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL |
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. |
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE |
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A |
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY |
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY |
OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY |
HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE |
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE |
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. |
SECTION 12 - LIMITATION OF LIABILITY |
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PRESTIGE METALS EXCHANGE AND OUR |
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE |
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY |
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY |
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN |
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: |
a) THE USE OR INABILITY TO USE OUR SERVICE; |
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; |
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; |
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; |
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. |
SECTION 13 - RELEASE |
In the event you have a dispute, you agree to release Prestige Metals Exchange (and its officers, directors, employees, |
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages |
(actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and |
undisclosed, arising out of or in any way connected to such dispute. |
SECTION 14 - NOTICE |
Prestige Metals Exchange may furnish you with notices, including those with regards to any changes to the Terms, including |
but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable |
means currently known or any which may be herein after developed. Any such notices may not be received if you violate any |
aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes |
your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed |
our Services in an authorized manner. |
SECTION 15 - INTELLECTUAL PROPERTY RIGHTS |
You herein acknowledge, understand and agree that all of the Prestige Metals Exchange trademarks, copyright, trade name, |
service marks, and other Prestige Metals Exchange logos and any brand features, and/or product and service names are |
trademarks and as such, are and shall remain the property of Prestige Metals Exchange. You herein agree not to display |
and/or use in any manner the Prestige Metals Exchange logo or marks without obtaining Prestige Metals Exchange's prior |
written consent. |
Prestige Metals Exchange will always respect the intellectual property of others, and we ask that all of our users do the same. |
With regards to appropriate circumstances and at its sole discretion, Prestige Metals Exchange may disable and/or terminate |
the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been |
duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have |
been otherwise violated, you should provide to us the following information: |
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or |
other intellectual property interest; |
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; |
c) A description of the location of the site which you allege has been infringing upon your work; |
d) Your physical address, telephone number, and email address; |
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright |
owner, its agents or the law; |
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful |
and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on |
the copyright or intellectual property owner's behalf. |
The Prestige Metals Exchange agent for notice of claims of copyright or other intellectual property infringement can be |
contacted as follows: |
Mailing Address: |
Prestige Metals Exchange |
Attn: Copyright Agent |
205 East Ave. J |
Silsbee, Texas 77656 |
Telephone: 1-800-964-5926 |
Email: info@prestigemex.com |
SECTION 16 - ENTIRE AGREEMENT |
This Agreement constitutes the entire agreement between you and Prestige Metals Exchange and shall govern the use of our |
Services, superseding any prior version of this Agreement between you and us with respect to Prestige Metals Exchange |
Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other |
Prestige Metals Exchange Services, affiliate Services, third-party content or third-party software. |
SECTION 17 - CHOICE OF LAW AND FORUM |
It is at the mutual agreement of both you and Prestige Metals Exchange with regard to the Agreement that the relationship |
between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that |
any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between |
you and Prestige Metals Exchange, shall be filed within the courts having jurisdiction within the County of Hardin, Texas or the |
U.S. District Court located in said state. You and Prestige Metals Exchange agree to submit to the jurisdiction of the courts as |
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts |
and to venue in such courts. |
SECTION 18 - WAIVER AND SEVERABILITY OF TERMS |
At any time, should Prestige Metals Exchange fail to exercise or enforce any right or provision of the Agreement, such failure |
shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent |