TERMS & CONDITIONS
By using and placing an order for products through the www.npmex.com Website (the Website), you agree to the terms and conditions set for the below (the Terms and Conditions). The Terms and Conditions is a legally binding agreement made by and between National Precious Metals Exchange LLC (NPMEX, our, we or us), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (you or your). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from National Precious Metals Exchange, making sales to National Precious Metals Exchange, and placing orders with National Precious Metals Exchange.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH NATIONAL PRECIOUS METALS EXCHANGE. NATIONAL PRECIOUS METALS EXCHANGE STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
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 DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS 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 IN 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 THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
By purchasing from, making sales to or ordering from National Precious Metals 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 to:
National Precious Metals Exchange
3160 Village Vista Dr Unit 101
Erie CO 80516
1. Purchase, Sales, and Order Policies and Procedures.
You may make purchases, sell to, and order from National Precious Metals Exchange only in accordance with these Terms and Conditions and accompanying policies and procedures.
Upon placing an order to purchase or sell with National Precious Metals Exchange, you have entered into a binding and legally enforceable agreement. Product 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. In order to reserve your guaranteed price, your payment must be received by National Precious Metals Exchange within one (1) business day for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. Checks are expected to arrive within five (5) business days. If a check payment is not received in its entirety within ten (10) calendar days of the original order, the order will be cancelled, a $35.00 administrative fee will be assessed, in addition to any market losses between the order date and time of cancellation due to non-payment.
A completed order is denoted by our receipt of funds in our 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 we do choose to accept late payment, a $35 late payment fee will be applied.
If any order is in error, due to National Precious Metals Exchanges fault or otherwise, we reserve the right to cancel the order.
When selling to National Precious Metals Exchange the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at National Precious Metals Exchanges current purchase price. Sales to National Precious Metals Exchange must be shipped within one (1) business day and you must contact NPMEX via email at email@example.com or telephone at 1-303-500-5159 to provide a tracking number so that we can confirm that the product is en route. All products must be received by NPMEX within five (5) business days, else the customer will be charged any Market Losses as well as a $35 administrative fee. If NPMEX does not receive the product within five (5) business days but the delay is attributable to the carrier, NPMEX may extend the deadline, at its sole and absolute discretion.
Any Market Loss, administrative, or late payment fees incurred on orders from National Precious Metals Exchange must be paid before any new orders will be accepted. NPMEX reserves the right to attempt to collect the fees by any means allowed by law. The same fees incurred on sales to NPMEX will be deducted from the payment funds.
Without limiting any other legal or equitable rights and remedies that may be available to National Precious Metals Exchange, in the event of any failure by you to comply with these Terms and Conditions, NPMEX may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions.
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.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card or electronic check fraud. We may, in 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, to the credit card company or bank for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
2. Payment Options
National Precious Metals Exchange requires that all payments be made via credit card, debit card, bank wire, personal check, or electronic check (ACH). Depending upon the amount of an order, NPMEX reserves the right to request additional documentation for certain credit card orders. NPMEX also reserves the right to hold personal checks and ACH payments for up to ten (10) banking days prior to shipping. In cases of suspected fraud, personal checks and ACH may be held up to 45 calendar days, although this is rare. Direct bank wire is always recommended for orders over $3000 as it gets you cash pricing and fast shipping. Electronic and personal checks are also considered a cash payment with regard to pricing but your order will be held until funds are confirmed. By choosing to pay with a credit or debit card, you expressly authorize NPMEX to authorize and capture your credit card payment prior to shipment.
NPMEX 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, NPMEX reserves the right to cancel the order and charge administrative fees and market losses.
|Order Amount (USD)||Allowed Payment Types||Payment Due|
|$0.01 – $2,500||CC, Paper check,||5 Business Days|
|$2500– $15,000||Paper Check, Bank Wire||5 Business Days|
|$15,000 – $100,000||Bank Wire (Call Us to Place the Order||1 Business Days|
|$100,001 +||Bank Wire (call us to place the order)||1 Business Days|
3. Payment Instructions
National Precious Metals Exchange will issue payment instructions to you during the ordering process and via email following completion of your order. NPMEX does not accept Cash on Delivery orders, only in store pickup. NPMEX reserves the right to cancel orders where payment is not dated within one (1) business days for bank wire orders or one (1) business day for paper check orders. In such cases, a $35 administrative fee and any applicable Market Losses will be assessed.
4. Cancellation Policy
Once you have placed an order with National Precious Metals Exchange you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (Purchase Price) may be offset (product sold back to NPMEX) at NPMEXs current Bid Price (Bid Price) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during business hours, Monday-Friday, 10:00 AM to 5:00 PM MST. NPMEX reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone or email, at which time NPMEX shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below, plus a $35.00 (USD) administrative fee. As applicable, the difference between the Purchase Price and the Bid Price will be added to the $35.00 (USD) administrative fee. In the event of a confirmed cancelled order, you expressly authorize NPMEX to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Bid Price, plus the $35.00 (USD) administrative fee. Alternatively, in the event that your credit or debit card is denied or is not on file, National Precious Metals Exchange reserves the right to invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. Any and all market gains on cancellations shall belong solely to National Precious Metals Exchange.
For cancelled/offsetting orders, $35.00, plus the difference between the Purchase Price and the Bid Price will be charged.
After National Precious Metals Exchange has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees upon return plus a standard $35 cancellation fee.
National Precious Metals Exchange reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders NPMEX deems questionable or suspicious, for orders NPMEX deems to be a significant risk, when the confirmed price is incorrect for any reason, for abrupt movements in the precious metals market, and/or when NPMEX does not receive payment within the allotted timeframe.
National Precious Metals 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 cancelled order NPMEX will contact you directly with notification of the cancellation.
5. Return Policy
National Precious Metals Exchanges refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify NPMEXs Customer Service Department via telephone at 1-303-500-5159 within five (5) business days from the date that you receive the item and follow the instructions provided to you, at that time. Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs. NPMEX may reject any returned or exchanged item that does not reasonably conform to these terms. In the case of a request for an exchange, NPMEX expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to NPMEX’s Market Loss Policy as well as a standard $35 cancellation fee. Any and all market gains on refunds, returns, and exchanges shall belong solely to NPMEX.
6. National Precious Metals Exchange Market Loss Policy
Upon issuance of an order number following a purchase from National Precious Metals Exchange, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at NPMEXs current bid price. If your item is cancelled, you are responsible for any deficit between the price at which NPMEX sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy, in addition to a $35.00 (USD) administrative fee. Market gains on cancellations or returns shall remain the property of NPMEX.
Without limiting any other legal or equitable rights and remedies that may be available to National Precious Metals Exchange, NPMEX 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 NPMEX may have to you. NPMEX 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 NPMEX.
Most credit card orders are shipped within one business day. Paper check orders are generally shipped within 5-7 days of the funds clearing our bank account. In extreme circumstances shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery. Each package over $500 requires a signature upon delivery. National Precious Metals Exchange fully insures all of its shipments to the point of delivery. Should anything happen while your package is in transit to you it will be covered by our insurance policy.
However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, NPMEX assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that National Precious Metals Exchange will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else NPMEX may have to refute any claims.
A more detailed description of NPMEXs shipping and insurance policies can be found HERE.
8. Export Compliance
Each product that National Precious Metals Exchanges 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 Departments list of specially designated nationals or the United States Commerce Departments Table of Denial Orders. By ordering through NPMEX, you are agreeing to abide by these restrictions.
Either National Precious Metals Exchange or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of NPMEX or you with respect to the period prior to the date of termination.
10. 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 National Precious Metals Exchange. You, and not NPMEX, 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 National Precious Metals Exchange that you have sufficient experience and knowledge to make informed financial decisions and that NPMEX is not making any recommendation with respect to such purchases and/or such sales.
11. Disclaimer of Warranties
NATIONAL PRECIOUS METALS EXCHANGE PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN AS IS AND AS AVAILABLE BASIS. NPMEX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, 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. NPMEX MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
Disclaimer of Forward Looking Statements. THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT NATIONAL PRECIOUS METALS EXCHANGE’S CURRENT EXPECTATION 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 NPMEX’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NATIONAL PRECIOUS METALS 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.
12. Limitation of Liability
NATIONAL PRECIOUS METALS EXCHANGE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE NATIOANL PRECIOUS METALS 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 NPMEX ONLINE ORDER ENTRY SYSEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. NPMEX SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, NPMEX SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND NPMEX’S REASONABLE CONTROL. NPMEX SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE NPMEX ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13. Indemnity and Release
You agree to defend, indemnify and hold National Precious Metals 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 these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to NPMEX, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, NPMEX 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 NPMEX’s consent.
You are hereby agreeing to release National Precious Metals 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.
The sole relationship between you and National Precious Metals Exchange is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
15. No Waiver
Upon your failure to comply with your duties and obligations to National Precious Metals Exchange, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of NPMEX 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 NPMEX 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 these Terms and Conditions, you expressly authorize and grant to NPMEX the right to charge your credit card for any and all market losses incurred by NPMEX, including, without limitation, administrative fees for accepting your orders to either buy from or sell to NPMEX as a result of price and market fluctuations for which you did not fulfill.
16. No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of National Precious Metals Exchange. Such consent may be granted or withheld by NPMEX at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and NPMEX.
17. Force Majeure
You acknowledge and understand that if National Precious Metals Exchange and/or the Website are unable to provide the products and/or services as a result of a force majeure event, NPMEX and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of NPMEX and/or the Website. NPMEX 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.
18. Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services.
You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of 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 these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. 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 these Terms and Conditions. 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 users 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 NPMEX 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 these Terms and Conditions.
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 National Precious Metals Exchange with respect to these Terms and Conditions 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 Erie, CO in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrators 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 these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, NPMEX will have the right to seek injunctive or other equitable relief in state or federal court located in Erie, CO 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. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of Colorado, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, 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 THESE TERMS AND CONDITIONS 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 NPMEX takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by NPMEX, 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 NPMEX to carry out these Terms and Conditions.
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.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and National Precious Metals Exchange (NPMEX) and governs your use of the Website, superseding any prior agreements.
22. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.