Kitco Metals Inc.

Website Terms of Use

 

December 2, 2015

1.        General

The following Website Terms of Use shall govern your use of all websites operated by Kitco Metals Inc. (“Kitco”), including, without limitation, www.kitco.com, gold-forum.com, kitcosilver.com, kitcometals.com, corp.kitco.com, online.kitco.com, applications.kitco.com and corp.kitco.com (referred to collectively herein as the “Websites”).  By accessing and using the Websites, you accept and agree, without limitation, to be bound by the Website Terms of Use.  If you do not accept these Website Terms of Use, you may not use the Website or any of the products or services provided or made available therein.

 

The Website Terms of Use apply when accessing the Website by any means, including via computer, mobile device or other technology.  In addition, the Website Terms of Use apply when accessing, using or downloading any information, products, software, applications or services available on the Websites (collectively referred to herein as the “Services”).

 

The Website Terms of Use must be read together with any other terms, conditions, policies, legal notices and disclaimers on the Websites, including, without limitation, the Online Store: Terms and Conditions, which govern transactions between Kitco and its customers on Kitco’s Online Store.

 

Subject to and in compliance with the terms and conditions set forth herein, Kitco may provide its users with access via the Websites to:

The Premium Service and the Free Service are collectively referred to herein as the "Services".

You also understand and agree that the Services may include certain communications from Kitco, such as service announcements and administrative messages that You may not be able to opt out of receiving.

2.        Risk

 

2.1.    No Advice

The information provided in the Websites and in any of the Services is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice.  Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional. 

You understand that no content published as part of the Services constitutes a recommendation that any particular action, investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You understand that the views expressed in the Services are the authors' own opinions, that trading in investments involves risk and volatility and that past results are not necessarily indicative of future performance. The Services may contain opinions which may differ from or contradict those in another portion of the Services.

You understand and agree that, from time to time, one or more Contributors or their affiliates may have a position in precious metals written about.  In addition, certain of Kitco’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell precious metals, precious metals related securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.

Kitco makes no representations regarding Third-Party or User Generated Content, nor is Kitco liable for Third-Party or User Generated Content.

You understand that any data is supplied by sources believed to be reliable, that any calculations made using such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made to prior articles and opinions published on the Websites. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

2.2.     Market Risk

Investments in precious metals and financial markets involve risk to investment principal and can be volatile. Purchasing precious metals often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal financial choice before taking any decisions that may affect your situation.  Precious metal products and accounts are not insured by the Canadian Deposit Insurance Corporation, Canadian Investor Protection Fund or other similar program and may lose value. You should always conduct your own research and due diligence and obtain professional advice before making any investment decision.

3.        Exclusion of Warranties

 

3.1.    Information on Websites

The information, material and content provided on the Websites or in any of the Services (referred to collectively herein as the “Content”) is provided on an "as is" basis and your use of the Websites and the Services is entirely at your own risk.  Kitco makes no warranties of any kind with respect to the Content provided on the Websites and by the Services, whether express or implied, including, but not limited to, warranties as to usefulness, accuracy, completeness, reliability, fitness for a particular purpose, and non-infringement.

3.2.    Availability

Kitco does not represent or warrant that the Websites or any of the Services available or obtained therein will be provided on an uninterrupted basis, and that there will be no delays, difficulties in use, errors, security breaches, omissions or loss of transmitted information.

 

Kitco makes no representations or warranties that the Websites or Services are appropriate or available for use in all jurisdictions outside Canada.  Please be aware of the applicable laws and regulations of your country.

 

 

 

 

 

4.        Limitation of Liability

 

4.1.    Confidentiality & Security

Kitco adheres to the highest security measures to ensure your data is protected against theft, loss, and corruption, and against the misuse and alteration of any of your data stored on our servers.  However, when you access your account via a public or unsecured computer terminal or if you chose to share your account username and password (“Electronic Identification Information”), Kitco cannot guarantee the security of your data.

Kitco respects your privacy (see Kitco's privacy policy).  However, unprotected communications over the Internet, such as via email or cellular phones, are not confidential or secure, may be intercepted, lost, or altered.  We highly recommend that you not include private and sensitive information in any unprotected communications with Kitco, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. 

Kitco specifically disclaims any liability with respect to any email communications, text messaging, or other like unprotected communications, whether initiated by you or Kitco.  Kitco will not be liable or responsible for any damages suffered in connection with such modes of communication.

4.2.    No Liability

Kitco shall not be liable under any circumstances whatsoever for any loss or damage, including any direct, indirect, special, incidental, consequential or exemplary damages or for any indirect or punitive losses or damages (including lost profits or lost savings), arising out of or in connection with the Websites, or the Services; with your use of or inability to use or access the Websites or the Services; or with links to other third party sites, whether or not caused by the fault or neglect of Kitco and whether or not Kitco had knowledge that such losses or damages might be incurred.

4.3.    Force Majeure

Kitco shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but Kitco shall use commercially reasonable endeavors to minimize dangers or losses to you as a consequence of such events.

 

5.        Registration and Privacy

 

In order to gain access to portions of the Websites and the Services, You must become a subscriber by providing your email address and choosing a unique user name or, member name and password. Kitco may refuse to grant You a user name or member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Website and the Services, You represent that You are of legal age to form a binding contract and are not a person barred from accessing the Website or the Services under the laws of the Province of Quebec or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy.

As a member, You also have certain other obligations relating to Your account:

You agree to notify us if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password. Contact details for our Customer Service center may be found on our Contact Us page.

 

6.        Subscription, Renewal and Cancellation

 

6.1.    The subscription process

 

Kitco offers subscriptions to the Services. Kitco reserves the right to vary the Services that it provides to Subscribers at any time.

 

Kitco agrees to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

 

Kitco reserves the right to cancel any order at any time by contacting You and refunding You in full. If your credit card is debited and we ultimately refuse your order, Kitco will refund you any amount debited.

 

The Site is currently enabled only to accept orders in English.

6.2.     Payment and pricing

The price to be paid for the Premium Service will be made clear to you on the Premium Service order pages, or otherwise during the order process, and may vary from time to time. It is however possible, despite our efforts, that the Premium Service could be incorrectly priced. You agree to pay the correct rates at the time you purchase the Premium Service. We will inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price. You will be responsible for paying any sales taxes or customs duties that apply.

When you purchase the Premium Service, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization, we may immediately terminate or suspend your access to the Premium Service. If your access to the Premium Service is terminated by Kitco, you will be entitled to receive a refund of any amounts which remain unused at the time of termination unless such access is terminated because you are in breach of these Terms (as determined solely by Kitco). You will continue to be responsible for any fees or other charges you have incurred prior to such termination. You are also responsible for the payment of fees or charges that may be charged by your bank or credit card provider. If you are entitled to a refund under these Terms, refunds can only be made to the credit card that was used for the original purchase, unless it has expired in which case we will contact you.

Upon the commencement of Your initial subscription (which occurs at the expiration of Your free trial, or if       You are not receiving a free trial, upon Your registration for a subscription) Your credit card will be billed the applicable subscription fee and Your paid subscription will commence.

Contact details for our Customer Service center may be found on our Contact Us page.All promotional offers are limited to one redemption per customer unless expressly stated.

 

6.3.  Cancellation

 

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

Unless specifically stated, you have the right to cancel your Subscription at any time. If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount for each day of Subscription used before you cancelled. During the free-trial portion of Your subscription, if any, You may cancel at any time and not be billed.  

You can cancel your Subscription online or call our Customer Service center.  Contact details for our Customer Service center may be found on our Contact Us page.   

6.4.  Renewal

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

Unless specifically stated when you order your Subscription, you agree that your Subscription will continue for the period referenced at the time of order, at the end of the initial subscription period (and of each renewal period thereafter), renew for the same subscription period (the “Term”) at the renewal rate agreed at the point of order. You may cancel your Subscription at any time as set out above.

 

If You do not notify us as described above, the then-applicable monthly, periodic or annual fee for Your subscription will be billed automatically to the credit card account You designated during the registration process (or subsequently changed).

In connection with recurring billing for subscription renewals, You authorize Kitco to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit card. You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand.


 

7.        Your Obligations and Liability

 

7.1.    Compliance

You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

7.2.    Use

You agree to use the Websites and the Services only for purposes that are permitted by the Website Terms of Use, as well as any other terms, conditions, policies, legal notices and disclaimers to which the Services may be Subject.

 

You are solely responsible for the User Generated Content You post. You must comply with any rules posted by the Websites and the Services

The Websites and the Services may include article submission and comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to the Websites and the Services, and interaction between users. While Kitco does not control the information/materials posted by users (the "User Generated Content"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the User Generated Content and to terminate your access to and use of the Websites and the Services.

 

In addition You agree not to:

You also agree that at all times You will:

 

Kitco has no control over individuals posting User Generated Content on any of the Websites or the Services. Kitco cannot guarantee the accuracy, integrity or quality of any User Generated Content. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the Websites and the Services and should not rely on the Websites and the Services when you make (or refrain from making) any specific investment or other decision.

It is not possible for Kitco to fully and effectively monitor infringement of third-party rights in User Generated Content. If you believe that any content infringes your legal rights, you should notify Kitco immediately by contacting our customer service center by using the "Report Abuse" function provided. Repeated misuse of the “Report Abuse" function will result in your access to the Websites and Services being terminated.

By submitting User Generated Content to the Websites and the Services you are granting Kitco a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the User Generated Content in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. You waive any moral rights that you may have in regard to the User Generated Content that you submit.

7.3.    Protection of Electronic Identification Information

It is your obligation to ensure that your Electronic Identification Information is kept secret.  You hereby agree to keep your Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.


 

7.4.    Customer liability

Kitco will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof. You must contact Kitco immediately if a transaction or balance recorded in an account is incorrect or if you suspect unauthorized use of your Electronic Identification Information. Kitco will not be held liable should you fail to disclose any unauthorized use of Electronic Identification Information and your Kitco accounts.

You will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Kitco of the suspected unauthorized use.

7.5.    Indemnification

You agree to defend, indemnify and hold harmless Kitco, its affiliates and related companies and each of their respective officers, directors, employees, consultants and agents, from and against any and all claims, liabilities, expenses, actions or demands, including without limitation reasonable legal and accounting fees and expenses, arising from or related to: (a) your breach of any of these Website Terms of Use or any other terms, conditions, policies, legal notices and disclaimers on the Websites; (b) your access or use of the Websites or Services; or (c) your use or reliance on, or publication, communication, transmission or distribution of the Content or Services.  Kitco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  You agree to co-operate as fully as reasonably required in the defense of any claim.

8.        Intellectual Property

 

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Websites or in any of the Services are and will remain the sole property of Kitco (or its suppliers where applicable).

All Content supplied by Kitco, constitutes part of Kitco's confidential and proprietary information.  In accessing the Websites or any of the Services, it is strictly prohibited to copy, reproduce, republish, store, retransmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the Content, and any software or applications used by Kitco in connection with the Websites or any of the Services, except as explicitly otherwise authorized by Kitco.

Because we host User-Generated Content as a part of portions of the Websites or the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Websites or the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Kitco, deemed to be property of Kitco, and by submitting such content You irrevocably assign any and all rights to such content to Kitco.

"Kitco.com", "gold-forum.kitco.com", "corp.kitco.com, "kitcosilver.com","kitcometals.com", "online.kitco.com", "applications.kitco.com", "Kitco Gold Index", "KGX", "Kitco Silver Fix", the "Kitco Logo", "Kitco News" , "Scrapit", "Metalynx", and certain other marks used on Kitco Portfolio of Websites are trademarks and/or service marks of Kitco. All other trademarks, service marks, and logos used on Kitco Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.

9.         Links to and from Third Party Websites

 

The Websites or the Services may include links to other third party Websites and resources (collectively, “Linked Sites”), enabling you to leave the Websites or the Services in order to access them, or may incorporate materials or information from other Linked Sites.  Unless otherwise expressly provided, Kitco provides these links, materials and information as a convenience and not as an endorsement or approval of Linked Site, its information, opinions, advice, services or products.   Kitco is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

 

You may not create links between the Websites or the Services and another site without Kitco’s prior written consent.  Unless otherwise expressly agreed, such links must not imply that Kitco is associated in any way whatsoever with another website or that Kitco endorses or approves of its content. You acknowledge and agree that Kitco may request at any time, at its sole discretion, that a link be removed.

 

Kitco is not responsible or liable for any third party website link to or from the Websites or the Services, any website link to or from those third party websites, the content of those websites, or their products or services.

Viral Content Distribution

Kitco may grant you—but only through express written permission—the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available on the Websites for such purposes ("Viral Distribution").

Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on any online bulletin board, message board, newsgroup, website or chat room ("Third-Party Site") that permits users to post content, so long as the posting is allowed pursuant to the Third-Party Site terms and conditions, and provided that the Third-Party Site does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on the Websites, you may engage in Viral Distribution pursuant to these Terms, but you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.

Additionally, any limited, revocable permission to post such links on a Third-Party Site requires that You comply with the following guidelines:

Notwithstanding anything contained herein, we reserve the right to deny You permission to link to the website for any reason in our sole and absolute discretion.

 

10.     Downloads, Software and Applications

 

Kitco may make some Services available for download from the Websites or from third party websites (the “Downloaded Services”).  Any and all Downloaded Services are the copyrighted work of, and owned by, Kitco and its affiliates and related companies. 

 

Kitco grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Downloaded Services for your personal, non-commercial use only, provided that you not modify the Downloaded Services, that you maintain all copyright and other proprietary notices, and that Kitco, or any other third parties, retain full and complete title to the Downloaded Services and all intellectual property rights therein.

 

You acknowledge and agree that the Downloaded Services are protected by copyright laws, and that, without limiting the generality of the foregoing, copying, re-selling, disassembling, redistributing or reproducing the Downloaded Services is strictly prohibited. 

 

You acknowledge and agree that it is your responsibility to review, assess and evaluate the Downloaded Services and any other related terms and conditions to which the Downloaded Services may be subject, and which you may be provided with during the download process, and that all risk associated with the downloading and use of the Downloaded Services rests with you.  Kitco, its affiliates and related companies, will not be responsible or liable for any damages, difficulties or consequences encountered as a result of or during the download process or the use of or reliance on the Downloaded Services. 

11.    Modifications

 

Kitco reserves the right, at its sole discretion, to add to, remove or change these Terms of Use without notice at any time.  Except as otherwise expressly provided, changes will be effective immediately upon posting on the Websites.  Review these Website Terms of Use regularly.  Your continued use of the Websites or any of the Services after any such changes are posted will mean you accept the changes.

 

Kitco also reserves the right to unilaterally amend or withdraw any information, products or services provided or described on the Websites and the Services without notice at any time.

 

12.     Miscellaneous

 

12.1. Advertising, Third Party Content and other Web Sites.

 

The Websites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Kitco is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Kitco is not responsible for the availability of these websites or their content.

 

12.2. Changes to Terms and Conditions

Kitco reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to You. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. You will be responsible for accepting the Terms and Conditions for every subsequent transaction

12.3. Applicable Law and Jurisdiction

The Website Terms of Use are construed in accordance with and governed by the laws applicable in the Province of Quebec and the laws of Canada applicable therein. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the province of Quebec in respect of all matters or disputes arising from the use of the Websites or of any of the Services, except as otherwise specifically stated herein.


 

12.4.  Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.  Les parties aux présentes ont expressément convenu que cette entente et tout autre acte, document ou avis y afférent soient rédigés en anglais.

12.5.  Privacy

Kitco respects your privacy.  Our privacy policy is available at: https://online.kitco.com/help/privacy_policy.html