January 3, 2024
Subject to and in compliance with the terms and conditions set forth herein, Kitco may provide its users with access via the Websites to:
· Free content including articles, blogs and forums, emails, podcasts, webinars and conference calls written by our contributors and columnists, (the "Free Service"), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs ("Third-Party Content"); and
· Premium content including blogs and forums written by our contributors and columnists, Third-Party Content, emails, podcasts, webinars and conference calls written by our contributors and columnists, Third-Party Content and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (the "Premium Service").
A chatbot service designed to assist users by providing automated responses to inquiries about Kitco’s products and services. The chatbot service is intended to enhance user experience and provide prompt, automated assistance. (the "Chatbot Service").
The Premium Service, the Free Service and the Chatbot 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.
2.1. 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.
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.
3.3. Chatbot Service
By interacting with Kitco's Chatbot Service, you hereby agree to abide by the terms and conditions stipulated in this document. The Service is provided exclusively for informational purposes and is not a substitute for professional advice. It is important to note that the chatbot’s responses are generated via automated processes, and Kitco cannot guarantee they are accurate, complete, or current. Consequently, Kitco expressly disclaims all warranties regarding the chatbot’s responses, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. You acknowledge that reliance on any information provided by the Chatbot Service should be complemented with independent verification. Kitco will not be held liable for any inaccuracies, errors, or misinformation in the chatbot's responses, nor for any direct, indirect, incidental, or consequential damages resulting from your use of the Service. By continuing to use the Chatbot Service, you signify your acceptance of these terms, including any disclaimers or limitations of liability therein.
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 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.
As a member, You also have certain other obligations relating to Your account:
· You may not transfer to or resell Your use of or access to the Services to any third party;
· You are responsible for all activities that occur under Your account;
· A maximum of five simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.);
· You are responsible for maintaining the confidentiality of Your user name, member name and password; and
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.
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.
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
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.
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:
· Post, link to or otherwise publish any User Generated Content containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
· Post, link to or otherwise publish any User Generated Content that infringes copyright;
· Post, link to or otherwise publish any User Generated Content that is illegal, libelous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
· Post, link to or otherwise publish any User Generated Content that is abusive, threatening or make any form of personal attack on another user or an employee of Kitco;
· Post User Generated Content in any language other than English;
· Post the same User Generated Content, or a very similar User Generated Content, repeatedly;
· Post or otherwise publish any User Generated Content unrelated to the Websites and the Services;
· Post, link to or otherwise publish any User Generated Content containing any form of advertising or promotion for goods and services or any chain User Generated Content or "spam";
· Post, link to or otherwise publish any User Generated Content with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
· Disguise the origin of any User Generated Content;
· Impersonate any person or entity (including Kitco employees or contributors or columnists) or misrepresent any affiliation with any person or entity;
· Post or transmit any User Generated Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
· Collect or store other users' personal data; and/or
· Restrict or inhibit any other visitor from using the Websites or the Services, including, without limitation, by means of "hacking" or defacing any portion of any of our websites;
· Use the Websites or the Services for any unlawful purpose;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites or the Services
· "Frame" or "mirror" any content available through the Websites or the Services without our prior written authorization;
· Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Websites or the Services;
· Harvest or collect information about users of the Websites or the Services without their express consent.
You also agree that at all times You will:
· Comply with all applicable laws, rules and regulations in connection with Your use of the Websites and the Services and the content made available therein;
· Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
· Waive any and all rights against Kitco and hold Kitco harmless in connection with any claims relating to any action taken by Kitco as part of its investigation of a suspected violation or result of its conclusion that a violation of the term of use has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
· Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
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.
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
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.
Kitco uses YouTube API services to connect the contents of Kitco’s YouTube Channel(s) with our sites and apps. YouTube’s Terms of Service can be found at Terms of Service. By using those API Clients, users are agreeing to be bound by the YouTube Terms of Service.
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:
· You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the Website or the Service. You are not permitted to reproduce the entire text of content as it appears on the Website or the Service. You are prohibited from displaying excerpts from the Premium Service.
· The byline must consist of the name or title of the content and the name of the Website or the Service. (e.g. "as appearing on Kitco")
· You may not not suggest or imply that Kitco is sponsoring or endorsing any Third-Party Site or its products, unless Kitco has given its prior written consent.
· You may not misrepresent any state of facts, including the relationship of the Third-Party Site with Kitco or any of its affiliates.
· You may not present false information about Kitco products or services.
· You may not use any logo or mark of Kitco or any of its affiliates without express written permission from Kitco.
· You must not display any excerpt of Kitco content linked together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
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.
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.
12.1. 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
12.3. Applicable Law and Jurisdiction
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.