PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE IN PARAGRAPH 28 THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN PARAGRAPH 28, YOU AGREE THAT DISPUTES WITH FIRST AND BEST PRECIOUS METALS LLC WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF PARAGRAPH 28, AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS, OR IN CLASS ACTIONS OF ANY KIND.
1. User’s Acknowledgment and Acceptance of Terms and Conditions
The FirstandBestPreciousMetals.com website and its associated services and content (collectively, the “Website”) are owned and operated by First and Best Precious Metals LLC (“First and Best,” “our,” “we,” or “us”). By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between First and Best Precious Metals LLC and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from First and Best, making sales to First and Best, and placing orders with First and Best. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. FIRST AND BEST STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS 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 IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to, or ordering from First and Best Precious Metals LLC, whether by telephone, through the Website, or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Please direct any legal questions regarding this Agreement to:
First and Best Precious Metals LLC
Attn: Legal Department
Phone: (904) 624-1231
Email: info@bestandfirstpreciousmetals.com
2. About the Website
First and Best Precious Metals LLC provides an interactive service that allows visitors and users to purchase and sell physical bullion—such as gold and silver—online or over the phone. First and Best works closely with mints and distributors to provide high-quality products to its customers.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by First and Best Precious Metals LLC, its contractors and employees, others appearing on the Website at the invitation of First and Best, or other visitors or users of this Website, is solely at your own risk. You understand that First and Best is not obligated to provide any maintenance, technical, or other support for the Website.
3. Ownership of Website and License
You acknowledge and agree that First and Best Precious Metals LLC is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website—whether in whole or in part—without the prior written consent of First and Best Precious Metals LLC.
First and Best Precious Metals LLC hereby grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes—such as, but not limited to, downloading (other than page caching) or modifying the Website or any portion of it—will result in the termination of this license.
Absent prior written permission from First and Best Precious Metals LLC, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to First and Best Precious Metals LLC.
4. Trademarks
All trademarks—common law or registered—displayed on this Website are the property of their respective owners. Specifically, all First and Best Precious Metals LLC marks are the property of First and Best, including, but not limited to, First and Best Precious Metals LLC®. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of First and Best Precious Metals LLC. You are prohibited from using First and Best’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of First and Best Precious Metals LLC.
5. Account Registration
Account registration and use of the Website is free. You may search, view, purchase, and sell products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, you must complete the required information. When creating an account, placing an order, or selling on the Website, you agree to receive email and/or text notifications. You may opt out of these notifications at any time.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to, your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our customers and the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.
You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. First and Best Precious Metals LLC reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact First and Best Precious Metals LLC immediately. You agree to hold harmless and indemnify First and Best Precious Metals LLC for any damages that arise out of, or in relationship to, the use of your account.
6. Order Policies and Procedures
By creating an account or placing a purchase or sale order—either online, over the phone, by text message, email, or by website chat—you agree that First and Best Precious Metals LLC, and its designees and agents, may contact you by any available means, including but not limited to phone, text message, and email.
You may make purchases, sell to, and order from First and Best Precious Metals LLC only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with First and Best, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Once committed to, orders are locked in and pricing will not change—regardless of whether gold, silver, platinum, or palladium move upward or downward in price afterward. Your payment must be received by First and Best Precious Metals LLC by the end of the next banking day after you’ve placed the order. All check orders must be postmarked for delivery within one (1) business day. Unless permission is expressly given in writing, if a check payment is not received in its entirety within ten (10) calendar days of the original order date, or a bank wire order is not received in its entirety within two (2) business days of the original order date, any and all market losses and spreads between the order date and time of non-payment will be assessed.
A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check). If any order is in error due to First and Best’s fault or otherwise, we reserve the right to cancel the order.
7. Sell-To-Us Program
When selling to First and Best Precious Metals LLC through the Sell-To-Us Program, all products sold to First and Best must have a minimum Sell-To-Us price sum of $1,000, unless otherwise arranged at First and Best’s discretion. Most Sell-To-Us prices will be locked in up front when the customer’s credit card information is collected. Sell-To-Us prices are calculated based upon the customer’s good-faith representation of the product and the current spot prices. However, First and Best Precious Metals LLC reserves the right to require product receipt prior to locking in all Sell-To-Us prices. Upon receipt of the products, First and Best will inspect the products for authenticity, quantity, and condition. If the products are not true to the customer’s initial representations, First and Best Precious Metals LLC reserves the right to make a revised offer or reject the transaction at its discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, Sell-To-Us orders may not be canceled but may be offset at First and Best’s current purchase price.
Items sold to First and Best Precious Metals LLC must be shipped within two (2) business days, and you must contact First and Best via email at info@bestandfirstpreciousmetals.com or telephone at (904) 624-1231 to provide a tracking number so we may confirm the product is en route. Customers are responsible for all costs related to shipping Sell-To-Us products to First and Best Precious Metals LLC. All products must be received by First and Best within ten (10) business days, or you will be charged any market losses. If First and Best does not receive the product within ten (10) business days and the delay is attributable to the carrier, First and Best may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the Sell-To-Us products they ship to First and Best Precious Metals LLC up until First and Best confirms receipt of such products. First and Best Precious Metals LLC is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from First and Best.
Without limiting any other legal or equitable rights and remedies that may be available to First and Best Precious Metals LLC, in the event of any failure by you to comply with this Agreement, First and Best Precious Metals LLC may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
8. Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, at our discretion, require further authorization from you—such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to law enforcement agencies, banks, and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
9. Payment Options
First and Best Precious Metals LLC requires all payments to be made via bank wire, personal check, certified check, cashier’s check, ACH/eCheck, or bitcoin. Depending upon the amount of an order, First and Best reserves the right to request additional documentation for certain orders. First and Best Precious Metals LLC also reserves the right to hold cleared certified checks, personal checks, or cashier’s checks for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, or cashier’s checks may be held up to forty-five (45) calendar days, although this is extremely rare. Payment via bank wire is always recommended. First and Best Precious Metals LLC 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 an insufficient funds paper check payment, First and Best Precious Metals LLC reserves the right to cancel the order and charge administrative fees, spread fees, processing fees, and/or market loss fees.
10. Payment Instructions
First and Best Precious Metals LLC will issue payment instructions to you during the ordering process and via email following completion of your order. First and Best does not accept Cash on Delivery orders. First and Best Precious Metals LLC reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders. However, you as the purchaser should follow through with payment afterward.
11. Cancellation Policy
Once you have placed an order with First and Best Precious Metals LLC, you have entered into a binding legal agreement and you may not 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 to First and Best) at First and Best Precious Metals LLC’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction.
All order offset requests must be made during normal business hours, Monday-Friday, 8:00 AM to 6:00 PM US Eastern time. First and Best Precious Metals LLC reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time First and Best 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. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed canceled order, you expressly authorize First and Best Precious Metals LLC to automatically bill you and reserve 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. All market gains on cancellations shall belong solely to First and Best.
For offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. First and Best Precious Metals LLC 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 First and Best deems questionable or suspicious, for orders First and Best deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when First and Best does not receive payment within the allotted timeframe.
First and Best Precious Metals LLC is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a canceled order, First and Best will contact you directly with notification of the cancellation.
12. Return Policy
First and Best Precious Metals LLC’s orders are final once completed. Products can always be sold back but not returned.
13. First and Best Precious Metals LLC Market Loss Policy
Upon issuance of an order number following a purchase from First and Best Precious Metals LLC, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at First and Best’s current asking price. You are responsible for any deficit between the price at which First and Best sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of First and Best Precious Metals LLC. Furthermore, to the extent First and Best does not have any of your funds in its possession, First and Best Precious Metals LLC reserves the right, in its sole and absolute discretion, to charge Market Loss fees.
Without limiting any other legal or equitable rights and remedies that may be available to First and Best Precious Metals LLC, First and Best Precious Metals LLC 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 First and Best may have to you. First and Best Precious Metals LLC 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 First and Best Precious Metals LLC.
14. Shipment
First and Best Precious Metals LLC offers free shipping and insurance on U.S. orders totaling $10,000 and up. A flat rate of $25 is required on U.S. orders to receive shipping and insurance on orders below $10,000.
Once your order ships, you will receive a “Shipped” email with a tracking number. Note that in some cases it may take 24–48 hours for tracking to begin.
First and Best Precious Metals LLC fully insures all its shipments, and each package over $1,000 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this Section 14. However, once a package is shown to be delivered by the carrier, First and Best’s responsibility ends.
It is important you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes, but is not limited to, a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note that if you use one of these locations as the shipping address, First and Best Precious Metals LLC is not responsible. In addition, if the carrier returns the package to sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return-to-sender process. This includes the package not making it back to our distribution center, damage, or missing contents, etc.
Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service, or any person(s) that is not the addressee listed on the order.
Delivered but not Received – Please note that First and Best Precious Metals LLC will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment must be reported to First and Best Precious Metals LLC within two (2) calendar days of recorded delivery; otherwise, First and Best Precious Metals LLC may deny any claim.
Lost in Transit – Lost in Transit is defined for the USPS as tracking not having updated in five (5) or more calendar days. For UPS & FedEx, it is three (3) calendar days. You must contact us within seven (7) days of most recent tracking for USPS and three (3) days of most recent tracking for UPS & FedEx. If you do not contact us within these timeframes, insurance will not cover the package.
Missing or Damaged Contents – This is defined as packages that arrive to you with missing items, wrong items, or damaged items. You must notify us within forty-eight (48) hours of the delivery timestamp on the tracking. Failure to do so will result in loss of insurance coverage.
For any of these issues, First and Best Precious Metals LLC assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.
15. Export Compliance
Each product that First and Best Precious Metals LLC sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria, or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
16. User Generated Content
First and Best Precious Metals LLC may provide you with the ability to submit user-generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your user-generated content. User-generated content may be hosted, shared, and/or published as part of the Website’s associated services. User-generated content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that First and Best Precious Metals LLC does not guarantee any confidentiality with respect to any submissions of your user-generated content.
By submitting user-generated content to the Website, you grant First and Best Precious Metals LLC a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your user-generated content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the user-generated content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your user-generated content across the world, whether you have or have not asserted moral rights in or to your user-generated content. By submitting user-generated content to the Website, you further agree to waive all rights of publicity or privacy with respect to the user-generated content submitted.
You warrant that any user-generated content you submit to the Website will not violate the rights of third parties, including but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation—whether local, state, provincial, national, or international.
You agree you are solely responsible for any user-generated content you submit to the Website. First and Best Precious Metals LLC acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any user-generated content. First and Best Precious Metals LLC does not guarantee the confidentiality of any user-generated content you share through the Website with any third party.
First and Best Precious Metals LLC reserves the right to remove user-generated content without prior notice and may, at its sole discretion, remove user-generated content that it determines, at its sole discretion, violates the terms and conditions of this Agreement. First and Best Precious Metals LLC also reserves the right to terminate a user’s access to the Website for any reason—including, but not limited to, repeatedly infringing on the intellectual property or other rights of third parties, or otherwise violating the terms and conditions of this Agreement—or for no reason, and without prior notice.
17. Termination
Either First and Best Precious Metals LLC or you may terminate this Agreement, for any reason—including convenience—with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and obligations of First and Best Precious Metals LLC or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to First and Best Precious Metals LLC will result in termination of services as deemed appropriate by First and Best Precious Metals LLC, while maintaining First and Best Precious Metals LLC’s right to collect from you on any loss.
18. Section 230 of the Communications Decency Act
You acknowledge and agree that First and Best Precious Metals LLC is an interactive computer service provider under Section 230 of the Communications Decency Act. Though First and Best Precious Metals LLC may edit, remove, or control the content displayed through the Website, you agree that First and Best Precious Metals LLC will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties—whether through the Website or otherwise.
Overall, the Website may contain links to third-party websites, applications, or services that First and Best Precious Metals LLC does not own or control. You agree that First and Best Precious Metals LLC will not be held responsible or liable for the content of third-party websites, applications, or services.
The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of First and Best Precious Metals LLC.
19. 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 First and Best Precious Metals LLC. You, and not First and Best Precious Metals LLC, 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 or selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to First and Best Precious Metals LLC that you have sufficient experience and knowledge to make informed financial decisions and that First and Best Precious Metals LLC is not making any recommendation with respect to such purchases and/or such sales.
19.1. Disclaimer of Warranties
FIRST AND BEST PRECIOUS METALS LLC PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST AND BEST PRECIOUS METALS LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, OR ANY INFORMATION ON IT:
(I) WILL BE UNINTERRUPTED OR SECURE,
(II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS,
(III) WILL MEET YOUR REQUIREMENTS, OR
(IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.
FIRST AND BEST PRECIOUS METALS LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
FIRST AND BEST PRECIOUS METALS LLC WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. FIRST AND BEST PRECIOUS METALS LLC IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. FIRST AND BEST PRECIOUS METALS LLC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
FIRST AND BEST PRECIOUS METALS LLC WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT FIRST AND BEST PRECIOUS METALS LLC’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 FIRST AND BEST PRECIOUS METALS LLC’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIRST AND BEST PRECIOUS METALS LLC 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, FIRST AND BEST PRECIOUS METALS LLC HEREBY EXPRESSLY DISCLAIMS 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.
20. Limitation of Liability
FIRST AND BEST PRECIOUS METALS LLC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR SELL-TO-US SALES PLACED VIA THE FIRSTANDBESTPRECIOUSMETALS.COM 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 FIRSTANDBESTPRECIOUSMETALS.COM ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. FIRST AND BEST PRECIOUS METALS LLC SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, FIRST AND BEST PRECIOUS METALS LLC 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 FIRST AND BEST PRECIOUS METALS LLC’S REASONABLE CONTROL. FIRST AND BEST PRECIOUS METALS LLC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE FIRSTANDBESTPRECIOUSMETALS.COM ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. FIRST AND BEST PRECIOUS METALS LLC IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
21. Indemnity and Release
You agree to defend, indemnify, and hold First and Best Precious Metals LLC and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims, or demands—including reasonable attorneys’ fees—made by any third party directly or indirectly relating to or arising out of:
(a) Content you provide to the Website or otherwise transmit or obtain through the products and/or services;
(b) Your use, purchase, and/or sale of the products and/or services;
(c) Your connection to the products and/or services;
(d) Your violation of this Agreement;
(e) Your violation of any rights of another;
(f) Your breach of any representation or warranty made by you to First and Best Precious Metals LLC; or
(g) Your failure to perform your obligations hereunder.
If you are obligated to provide indemnification pursuant to this provision, First and Best Precious Metals LLC 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 First and Best Precious Metals LLC’s consent.
You are hereby agreeing to release First and Best Precious Metals LLC and its 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.
22. Relationship
The sole relationship between you and First and Best Precious Metals LLC 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.
23. No Waiver
Upon your failure to comply with your duties and obligations to First and Best Precious Metals LLC, First and Best Precious Metals LLC reserves all rights and remedies available at law or in equity. No delay or failure on the part of First and Best Precious Metals LLC in exercising any right or remedy shall operate or be construed as a waiver of that right or remedy. In addition, no partial exercise by First and Best Precious Metals LLC of any right or 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 you fail to comply with this Agreement, you expressly authorize and grant to First and Best Precious Metals LLC the right to charge your credit card for any and all market losses incurred by First and Best Precious Metals LLC—including, without limitation, administrative fees for accepting your orders to either buy from or sell to First and Best Precious Metals LLC as a result of price and market fluctuations for which you did not fulfill.
24. No Assignment
You may not assign this Agreement—including your related rights and/or obligations—without the express prior written consent of First and Best Precious Metals LLC. Such consent may be granted or withheld by First and Best Precious Metals LLC in its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any and all permitted assignees and successors of you and First and Best Precious Metals LLC.
25. Force Majeure
You acknowledge and understand that if First and Best Precious Metals LLC and/or the Website are unable to provide the products and/or services as a result of a force majeure event, First and Best Precious Metals LLC and/or the Website will not be in breach of any of its obligations under this Agreement. A force majeure event means any event beyond the control of First and Best Precious Metals LLC and/or the Website. First and Best Precious Metals LLC 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 such failure is a result of a force majeure event.
26. Warranties, Representations, and Restrictions of Website Use
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual who is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.
You warrant and represent that any and all information you provide to First and Best Precious Metals LLC and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and where you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse-engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not:
(i) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
(ii) Defame, abuse, harass, or 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, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
(iv) Attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity—including (without limitation) the Website—or create or use a false identity;
(v) Attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(vi) Engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail, or any other type of unsolicited solicitation;
(vii) Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services;
(viii) Use any meta tags or any other “hidden text” utilizing the First and Best Precious Metals LLC name, trademarks, or product names;
(ix) Advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website;
(x) Engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or
(xi) Assist any third party in engaging in any activity prohibited by this Agreement.
27. Governing Law
Except as set forth elsewhere in this Agreement, this Agreement, the entire relationship between you and First and Best Precious Metals LLC, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement shall be controlled and governed by, and enforced in accordance with, the applicable laws of the United States of America and the State of New York—including laws in the State of New York relating to the statute of limitations—without regard to the State of New York conflicts of laws provisions.
28. Arbitration Agreement; Class Action Waiver; Waiver of Jury Trial
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial.
YOU AND FIRST AND BEST PRECIOUS METALS LLC EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES—EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include, but are not limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and First and Best Precious Metals LLC agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.
Required Use of JAMS.
You agree that the arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect at the time the arbitration is initiated (collectively, the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS Rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at www.jamsadr.com. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules.
Initiating Arbitration.
If you intend to seek arbitration you must first send a written notice (the “Notice”) by certified U.S. Mail to the following address:
First and Best Precious Metals LLC Attn: Legal Department [Address redacted for privacy – contact us via our website]
If First and Best Precious Metals LLC intends to seek arbitration, First and Best Precious Metals LLC will send the Notice to the current billing address on your account with First and Best Precious Metals LLC. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and First and Best Precious Metals LLC cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.
Place to File Permitted Court Actions.
If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and First and Best Precious Metals LLC agree and consent that such disputes will be resolved in the federal or state courts in the State of New York, as applicable, and that you and First and Best Precious Metals LLC agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of New York.
Time Limit to Commence Arbitration.
You and First and Best Precious Metals LLC agree that for any dispute (except intellectual property disputes), you or First and Best Precious Metals LLC must commence an arbitration proceeding within one (1) year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
Arbitration Agreement Survival.
This arbitration agreement will survive the termination of your relationship with First and Best Precious Metals LLC.
29. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
30. Entire Agreement
This Agreement constitutes the entire agreement between you and First and Best Precious Metals LLC and governs your use of the Website, superseding any prior agreements.
31. Integration
First and Best Precious Metals LLC hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind First and Best Precious Metals LLC.
32. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
33. Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18), and First and Best Precious Metals LLC will not knowingly collect personally identifiable information from children under the age of eighteen (18). If First and Best Precious Metals LLC inadvertently collects such personally identifiable information, First and Best Precious Metals LLC will delete the personally identifiable information in accordance with its security protocols.
34. Reservation of Rights
All rights not expressly granted herein are reserved to First and Best Precious Metals LLC.
35. Privacy
Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
End of Terms & Conditions
Last modified as of 6/06/2025