These terms and conditions (the “Terms and Conditions”) govern and apply to anyone accessing, using, or placing an order to purchase from or to sell to us on or through the Buy Gold and Silver Corp website, toll-free telephone numbers, mobile sites or applications, or any other services (collectively, the “Services”), whether as a guest or customer account holder, or any time you interact with us. These Terms and Conditions apply to any use of the Services and are entered into by and between you, personally and, if applicable, on behalf of the company or organization for whom you are using the Services (“you” or “your”) and Buy Gold and Silver Corp (“BGASC,” “Buy Gold and Silver Coins,” “we,” “us,” or “our”). These Terms and Conditions apply to all orders, all sales, and all purchases made through the Services (“Transactions”).

If you choose to continue to use or access the Services after having the opportunity to read these Terms and Conditions, you are indicating your acceptance of the Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not use the Services. You will be unable to place an order without express consent to these Terms and Conditions. For information on how we process and protect your personal data, please review our Privacy Policy and Cookie Policy.

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 18, WHICH REQUIRES THAT CERTAIN CLAIMS BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS, WITH EXCEPTIONS. YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL OR ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18.

ALL CUSTOMER CANCELLATIONS AND RETURNS ARE SUBJECT TO A MARKET LOSS FEE AS SET FORTH IN SECTION 8.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE SERVICES, ENGAGE IN TRANSACTIONS, OR PROVIDE US WITH ANY PERSONAL DATA. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THESE TERMS AND CONDITIONS IF (1) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (2) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES. THE SERVICES ARE INTENDED FOR RESIDENTS OF THE UNITED STATES ONLY.

1. Account Creation and Information

You may search for or view products from the BGASC Services as a guest, or you may register an account with us. You may be required to establish an account prior to utilizing or obtaining certain Services or engaging in certain Transactions. To create an account, you must be eighteen (18) years of age or older. If you use the Services or conduct a Transaction on behalf of a company or other organization, then you are entering into these Terms and Conditions on behalf of yourself and such company or organization, and you warrant and represent that you have the legal authority to bind such company or organization to these Terms and Conditions. If you do not meet the foregoing eligibility requirements, you must not access or use the Services or engage in a Transaction.

If you create an account with us or engage in a Transaction, we will request that you submit certain personal data about yourself, including, but not limited to, your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, credit card type, credit card number, credit card expiration date, and credit card security code. Credit card information is not always required when engaging in a Transaction; however, credit card information is required when paying by credit card, and at times to confirm and lock in a Transaction made through certain payment types, such as by bank wire, ACH/eCheck, personal check, certified check, cashier’s check, or money order. You may also be asked to provide credit card information when you engage in a Sell-To-Us Transaction, as more fully described in Section 7.

We may also gather certain types of non-personal data about your visit to protect the security of our customers, the Services, or to make our products more beneficial to you. All information that we gather from you will be governed by our Privacy Policy. We reserve the right to use information regarding your use of the Services, account registration, and any other personal data provided by you in accordance with our Privacy Policy, our Cookie Policy, and our SMS Terms and Conditions. In the event of a conflict between any provision of these Terms and Conditions and our Privacy Policy, the provisions of our Privacy Policy shall prevail and 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 prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Services. We reserve the right, in our sole and absolute discretion, to restrict access to, monitor, suspend, disable, or delete your account at any time, without prior warning. Further, we may reject or require that you change any username, password, or other information that you provide to us when registering your account.

You will log into your account using the username and password (together, “Account Credentials”) that you created when you registered your account pursuant to these Terms and Conditions. Your Account Credentials are for your personal use only. You are responsible for maintaining the confidentiality of your Account Credentials (including any related security questions and answers), and for restricting access to your computer or other devices, and you are responsible for all activities, including Transactions, which occur in connection with your account. You should not reveal your password to anyone, and we will never ask you for this password. You are solely responsible for safeguarding your password, and solely responsible for any activities or actions arising from or alleged to arise from, relating to or in connection with the use of your password, whether you used the password yourself or whether it was used by a third party, with or without your authorization. For your security, we reserve the right to require you to update your account password at any time for any reason, including, but not limited to, ensuring the security of your account. For certain accounts or purchases, we may require the use of multi-factor authentication or two-factor authentication, including the use of facial recognition tools that collect and process biometric data. For more information on the use of facial recognition tools and biometric data, please consult our Privacy Policy. If you are unable to access your account and have confirmed that you have used the proper Account Credentials, it may be because your password has expired and requires an update. You may reset your password at any time by using the “Forgot Password?” function located on the Services Log In screen.

We require you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We encourage you to use a unique password; one that you do not use for other accounts. We cannot and will not be liable for any losses or damages whatsoever that you sustain and which arise from or are alleged to arise from, in relation to or in connection with the use of your account (whether by you or any other party, and whether or not such other party was authorized to use your account), the use of the password associated with your account, or your failure to comply with any of the requirements set forth in these Terms and Conditions.

You agree to immediately notify us of any unauthorized use of your account credentials, access to your account, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You are responsible for obtaining, maintaining, and paying for all hardware, all telecommunications, and other services needed to use the Services.

2. Suspension and Termination

We reserve the right to refuse to provide the Services to any person in our sole and absolute discretion. Without limiting any other legal or equitable remedies available to us, we also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole and absolute discretion. Any such refusal, suspension, or termination will not affect any of your other rights, duties, or obligations under these Terms and Conditions, the Privacy Policy, the Cookie Policy, or the SMS Terms and Conditions.

3. Intellectual Property

The Services and its entire contents, features, and functionality (including but not limited to all information, software, computer programs, source and object code, text, media, displays, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Services, including but not limited to certain individual elements of, and the organization, layout, and look and feel of the Services), and domain names, trademarks, logos and brand elements (collectively, the “Content”) are owned by BGASC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, trade dress, moral rights, and other intellectual property or proprietary rights laws.

The Services may only be used for the intended purpose for which they are being made available. These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your browser for display enhancement purposes.
You may print or download one copy of a reasonable amount of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for downloading, you may download a single copy to each of your personal devices solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or similar, or any visual design elements or concepts of the Services without our express written permission.
Modify copies of any materials from the Services.
Use any illustrations, photographs, images, video or audio sequences, or any graphics separately from the accompanying text contained in the Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Access or use for any commercial purposes or for any non-authorized or unlawful purpose any part of the Services or any services or materials available through the Services.
Attempt to or actually reverse engineer any of the technology used to provide the Services.
Access or use any password-protected, secure, or non-public areas of the Services, or access data on the Services not intended for you.
Attempt to or actually disrupt, impair, or interfere with the Services, or any information, data, or materials posted and/or displayed by the Services.
Attempt to or actually probe, scan, or test the vulnerability of the Services or breach any implemented security or authentication measures, regardless of your motives or intent.
Use any automated means to access or use the Services, including scripts, bots, robots, spiders, site search/retrieval applications or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather the Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’ root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
Make any part of the Services available on or through any other website, application, or online services, such as through framing or any similar means, without our express written permission.
Systemically download and store Content from the Services.
Use any of the content of the Services in connection with developing or training any technology that uses artificial intelligence, machine learning, or a large language model.

Unless you have entered into a separate agreement with us, any use of our Content without our written permission is prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Services or any Content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

We will retain ownership of our intellectual property rights, and you may not obtain any rights therein by use of the Services, except as expressly set forth herein. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense any information or content available on the Services, except as expressly set forth in these Terms and Conditions.

We have several registered trademarks. You may not copy, imitate, or use, any of our registered trademarks, in whole or in part, or use any “hidden text” utilizing our trademarks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of BGASC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.

4. Restrictions on Use of Services

You will not use the BGASC Services in any way that violates the rights of third parties, and you agree to comply with 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 Services. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. “Deep-linking,” “embedding,” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, abusive, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

In your use of the Services, you may not: (a) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; (b) disrupt or interfere with the security or use of the Services or any websites linked to the Services; (c) interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, distributed denial of service (DDoS) attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Services or create or use a false identity; (e) attempt to obtain unauthorized access to the Services or portions of the Services that are restricted from general access; (f) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (g) collect, either manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (h) use any meta tags or any other “hidden text” utilizing the our name, trademarks, or product names; (i) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Services; (j) engage in any activity that interferes with any third party’s ability to use or enjoy the Services; or (k) assist any third party in engaging in any activity prohibited by these Terms and Conditions. We reserve the right to take legal action against any party that violates this Section.

5. Products, Pricing, and Sales and Use Tax Information

Products. BGASC uses its best efforts to fulfill all orders. We cannot guarantee the availability of any particular product displayed through the Services, and we reserve the right to discontinue the sale of any product listed through the Services at any time without notice, to impose conditions on the use of any coupon or other promotion, to bar any user from making any purchase, and/or to refuse to provide any user with any product or service. All items are subject to availability, and we reserve the right to impose quantity limits on any order. All material and information presented by BGASC is intended to be used for personal, educational, or informational purposes only. We attempt to be as accurate as possible; however, we do not warrant that product descriptions or other content of any of the Services is accurate, complete, reliable, current, or error-free. Please review the product description section of any product page for the most current product information. From time to time, we may provide summaries of or highlights from product descriptions, the text of customer reviews, and other information on the Services. In some cases, these summaries may be created with the help of artificial intelligence (“AI”). AI technology has limitations, and AI summarization may not capture all details present in a product description or customer review. You are encouraged to read full product descriptions and customer reviews where available.

Pricing. We seek to make pricing transparent and easy to understand. We publish live spot prices and make information about premiums, discounts, and sales clearly available. All prices are shown in U.S. dollars and are valid and effective only in the U.S. Sales taxes and shipping and handling charges, where applicable, are additional. All references to ounces in the context of gold, silver, platinum, palladium, and any other metals we may sell are troy ounces, which is the standard unit of measure for precious metals worldwide. All prices are subject to change without notice and you agree that sales taxes may be adjusted from the amount shown on the billing screens. Several factors may cause such sales tax adjustments, such as variances between processor programs and changes in tax rates. The prices displayed on our website may differ from prices displayed on our mobile sites and applications. The final sales taxes and fees will be calculated at the time of Transaction placement. In the event a product is listed at an incorrect price due to a typographic or other error, we shall have the right to refuse or cancel any orders for products listed at the incorrect price, whether or not the order has been confirmed. We do not warrant or guarantee that the information on the Services is error‑free, complete, or current. We reserve the right to correct errors and/or to update the content or information on the Services at any time without notice or liability.

Sales and Use Tax. When you are in the order checkout process, we calculate, assess, and disclose sales taxes that we are required to collect from you. Some states have a full or partial exception from sales and use taxes on gold, silver, and other precious metals. If your state and/or locality happens to impose a sales or use tax on any of the items you purchased – precious metals or otherwise – and we have not withheld such sales or use taxes, be advised that this is your obligation to pay directly to your state the applicable sales or use taxes you may owe. To learn whether your state imposes a sales or use tax on precious metals or to access exemption forms, where appliable, please visit our Tax Page. Our Tax Page does not constitute tax or legal advice, is not a comprehensive description of sales and use tax laws or requirements currently in effect in the listed states or jurisdictions, and is only intended to provide you with a brief overview of sales and use tax laws and requirements. We reserve the right to update our Tax Page from time to time and caution that the information provided may periodically be outdated. We encourage you to contact your tax advisor or your state or local taxing authority if you have questions about your sales and use tax obligations, or to determine whether you or your Transactions may qualify for a sales and use tax exemption.

6. Order Policies, Procedures, and Payments

This section concerns purchases of product(s) by you from BGASC. Transactions made pursuant to our Sell-To-Us Program are discussed in Section 7 below. The sole relationship between you and us is that of a purchaser and seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists. We only engage in Transactions placed within the United States, and we do not ship outside the United States. We do not offer or sell any precious metal products on a futures, leveraged, or margin basis.

Purchase Orders. When engaging in a product(s) purchase, you may be asked to provide certain relevant information, including but not limited to, your credit card type, credit card number and its expiration date, your billing address, and your shipping information. We reserve the right to use information regarding your purchase in accordance with our Privacy Policy, our Cookie Policy, and our SMS Terms and Conditions. Verification of any information you provide in connection with a purchase may be required prior to the completion of any such purchase.

When placing a purchase order, the price of the product(s) at the time you submit the order is the guaranteed price (the “Purchase Price”). Following the submission of an order, you will receive an email confirmation relating to your purchase; however, such email confirmation does not constitute our acceptance of your purchase order, and the order may still be subject to an internal review as described in Section 11 below. We may choose not to complete or fulfill a purchase order at our sole discretion, even after we send you a confirmation email with your order number and details of the product(s) you have ordered.

In order to reserve your guaranteed Purchase Price, you must remit payment to BGASC within the time frames set forth under the “Acceptable Payment Methods” section below.

Acceptable Payment Methods. We accept the following payment methods at the time of purchase (unless otherwise indicated below):

Credit or Debit Card.
Bank Wire (to reserve your guaranteed price, remit within two (2) business days).
Personal Check, Certified Check, Cashier’s Check, or Money Order (to reserve your guaranteed price, postmark within one (1) business day of the date on which you place your order and received by us within ten (10) calendar days of your order date).
ACH/eCheck.
Cryptocurrency.
Klarna.
PayPal, ApplePay, or GooglePay.

Certain payment types may be subject to discounts. If payment is not remitted to us within the time frames set forth above, your purchase will be cancelled, and the cancellation may be subject to a Market Loss Fee, as described below in Section 8. In these Terms and Conditions, “business day” means any weekday other than national or State of Texas holidays or other days on which banks in Dallas, Texas are authorized or required to be closed.

Note that certain payment types may not be available if the purchase amount exceeds or does not meet the minimum set limitations for the chosen payment type. As a result, all payment options listed in this section may not appear at the time of checkout depending on the amount of the purchase order. For example, we will not accept personal checks for orders over $100,000.

We do not accept international payments, credit card convenience checks, any third-party checks, or cash on delivery. Because certain purchase amounts or payment methods are associated with a higher risk of potential fraud, we reserve the right to request additional documentation from you before accepting and processing an order.

Purchases made by ACH/eCheck may be held for up to five (5) business days to verify payment prior to shipment. Purchases made by certified checks, personal checks, cashier’s checks, or money orders will be held for up to ten (10) business days prior to shipping to confirm funds are cleared and available. In cases of suspected fraud, return payments for cancelled orders paid for via certified check(s), personal check(s), cashier’s check(s), ACH/eCheck payment(s), or money order(s) may be held up to 45 (forty-five) calendar days from the date that any such payment was processed by us or one of our authorized third-party payment processors. For more information concerning fraud prevention, see Section 11 below. When paying through ACH/eCheck, if you choose not to use our designated service provider, our designated service provider may make small temporary deposits into your checking account, which you will be required to verify with us before your order is accepted. If you seek a refund of an ACH/eCheck payment, we may require you to sign a release, representing that you will not pursue additional reimbursement through your bank.

Temporary Charges for Credit and Debit Card Payments. Credit/debit card payments are processed through third-party payment processors. You understand and agree that a $0.01 charge may temporarily appear in your credit/debit card’s pending transactions when you process an order through our third-party payment processors. This temporary charge will be removed once the payment is processed.

Payment Authorizations. You hereby represent and warrant that: (1) you are duly authorized to use any bank account or payment card that you use in connection with a purchase; (2) the bank account or payment card information you supply is true, correct, and complete, (3) any and all charges incurred by you will be honored by your bank payment card issuer or other such financial institution, and (4) you will pay all charges incurred by you in connection with the purchase, including shipping and handling charges, applicable fees, and applicable taxes.

Payment Method Updates. We and our third-party payment service providers may request, and may receive, from any of your payment card issuers or any payment card network, updated payment card information, such as updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third-party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase, or for Market Loss Fees pursuant to our Market Loss Policy described under Section 8. By effectuating a purchase through our Services, you hereby authorize us and our third-party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.

Returned Personal Checks. If any payments made by personal check, debit card, or ACH/eCheck are returned due to insufficient funds, unable to locate account, uncollected funds, stop payment, account closed, altered/fictitious item, forgery, irregular signature, refer to maker, frozen/blocked account, or missing endorsement, we reserve the right, in our sole and absolute discretion, to cancel the purchase. The cancellation will be subject to our Market Loss Policy, described below.

Pricing and Promotions. The Purchase Prices applicable to your order will be those in place at the time the order was created, not the time of delivery. Product prices and promotions posted on the Services, or those sent to customers by personalized e‑mail or any other online or digital method, are good only for the dates indicated.

Cancellations; Offsetting. All cancellation requests are subject to our Market Loss Policy, set out below in Section 8. You may not cancel any confirmed purchase order that you have placed with us. However, prior to your order being shipped, the confirmed Purchase Price may be offset by selling the product(s) back to us at our current asking price for such product(s) (the “Asking Price”) as of the time that we process your offset request. All cancellation requests to offset an order must be made on business days by calling our Customer Service Department via telephone, sending an email, SMS/text message, or by live chat via the Services during normal business hours, Monday through Friday 8:00 a.m. to 6:00 p.m. prevailing Central time. We reserve the right, in our sole and absolute discretion, to approve or deny any such request. In the event we approve your cancellation request to offset a purchase order, we will send you an email confirming approval of the offset request, which will also state that you are responsible for the remitting the difference between the Purchase Price and the Asking Price, if any (the “Market Loss Fee”) to us. For more information about the Market Loss Fee, see Section 8 below.

After we have shipped the product, the order is final and all cancellation requests to offset an order will be denied. If you refuse to accept the shipment, the product will be returned to us, and you may either pay to have it reshipped or you will be required to pay the Market Loss Fee, if any, upon successful return of the product to us. In some instances, if an order has been packaged and prepared for shipment but has not been picked up by the shipping company, we may, in our sole and absolute discretion, honor a cancellation request and attempt to intercept the package from shipping. This is rarely possible, but when it is, a fee of Twenty-five and No/Dollars ($25.00) will be charged to the customer’s credit card on file.

7. Sell-To-Us Program

BGASC offers a “Sell-To-Us” program, wherein customers may sell products to us (the “Sell-To-Us Program”). When you sell to us through the Sell-To-Us Program, the sole relationship between you and us is that of a seller and purchaser. No other relationship, express or implied, exists, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship.

We have the right, in our sole and absolute discretion, to determine whether to purchase products from any customer via the Sell-To-Us Program. Most offers by us will be locked-in up front (the “Sell-To-Us Price”); however, we reserve the right to only provide a quote and make an offer of a Sell-To-Us Price upon inspection of the product(s). A Sell-To-Us Price will only be provided upon collection of the customer’s credit card information. You understand, acknowledge, and agree that, as explained in Section 8 below, if the Transaction is subject to a Market Loss Fee, we will charge that fee to the credit card provided.

We accept the following items upon meeting the aggregate minimum requirements:

Precious Metals: gold, silver, platinum, and palladium items.
Gold Items: from 8K to 24K, including yellow, white, and rose gold jewelry, bullion, and dental gold.
Silver Items: fine silver and sterling silver pieces, including jewelry and flatware.
Coins, Rounds, and Bars.
Diamonds equal to 1 carat or larger.

We do not buy unrefined metals (e.g., panned gold, gold nuggets), copper, or gemstones.

In order to receive an initial quote on your product(s), contact BGASC via the contact form on our website, here, or via our toll-free telephone at (888) 992-4272. At that time, please have information about your product(s) ready, such as type, purity, weight, and hallmarks. For certain product(s), we may provide a Sell-To-Us Price at that time. Sell-To-Us Prices are calculated based upon a customer’s good faith representations regarding the product(s) and the current spot prices for the metals comprising the product(s). We reserve the right to require receipt of the product(s) prior to providing a Sell-To-Us Price. Upon receipt of the product(s), we will inspect the product(s) for authenticity, type, quantity, purity, weight, and other conditions. Items are weighed and opened under video recording for security. If the products do not conform to a customer’s initial representations, we reserve the right, in our sole and absolute discretion, to revise our quote, Sell-To-Us Price, or reject the Transaction entirely. We will contact you with a final Sell-To-Us Price based on current market prices following our appraisal. If our final Sell-To-Us Price is lower than our initial quote, you may decline the offer, and we will return your items.

You may choose your preferred payment method and receive payment within 1-3 business days. Certain items sold to us require the issuance of an IRS Form 1099-B and/or our receipt from you of an IRS Form W-9 before we make payment. Sell-To-Us participants may have their own tax reporting obligations, even if an IRS Form 1099-B is not required.

When sending your product(s) to us, you may request a shipping kit with pre-paid, fully insured shipping labels (actual shipping and insurance costs will be deducted from the final amount we pay to you for the product(s)). Upon receipt of the shipping kit, follow the instructions to securely package your product(s). Use the pre-labeled envelope to ship your valuables to our metals testing facility. You must contact BGASC via the contact form on our website, here, or via our toll-free telephone at (888) 992-4272 to provide a tracking number so we may confirm the product has been shipped. Whether you use our shipping kit or ship in your own packaging, customers are responsible for all costs related to shipping Sell-To-Us product(s) to us.

We must receive all Sell-To-Us products within ten (10) business days of the date that your Sell-To-Us-Price is guaranteed, or you will be responsible for paying Market Loss Fees, if any (see below in Section 8). If we do not receive the products within ten (10) business days and the delay is attributable to the carrier, we may extend the deadline, in our sole and absolute discretion. Customers are solely responsible for any damage or losses to the Sell-To-Us product(s) they ship to us until such time that we confirm receipt of the product(s) in writing. We are not responsible or liable for product(s) that is lost or damaged in transit, whether being shipped to or from BGASC. Packages that arrive damaged to our facility will be rejected.

You may not cancel any confirmed Sell-To-Us orders once they have shipped unless the Sell-To-Us Price is less than the initial quote. It is in our sole discretion whether to cancel a Sell-To-Us Transaction that is equal to or exceeds the initial quote or for which a Sell-To-Us Price has been accepted; if we allow such a Transaction to be canceled it is subject to our Market Loss Fee as set forth in Section 8 below.

8. Returns and Market Loss Fee

Returns and Refunds. Except for any products designated on the Services as final sale or non-returnable, we will accept a return of the products for a refund of the Purchase Price, less the original shipping and handling costs provided such return is initiated within five (5) business days from the date the products are delivered by the carrier to the shipping address you provided on the order and provided such products are returned in their original condition. Returns and refunds are also subject to our Market Loss Fee. All market gains on returns and refunds shall belong solely to BGASC. In order to initiate a return, you must contact our Customer Service Department within the allotted time frame of five (5) business days and follow the instructions provided to you by the Customer Service Department during your call.

Exchanges. In the case of a request for an exchange, we expressly reserve the right, in our sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable, subject to the terms described directly above. Exchanges are subject to our Market Loss Fee. All market gains on exchanges shall belong solely to BGASC.

Shipping Costs. Shipping charges are non-refundable. You are fully responsible for any and all costs associated with returning your order to us, including, but not limited to, return shipping costs, including related taxes and insurance. We may reject any returned or exchanged item that does not conform to these Terms and Conditions, or with the instructions provided to you by the Customer Service Department.

Market Loss Fee. When you enter into a Transaction, you accept the Purchase Price or Sell-To-Us Price, and, in return, the Purchase Price or the Sell-To-Us Price is no longer subject to market gains or losses. However, all precious metal products remain subject to market gains and losses as spot prices fluctuate. When you submit an order to purchase from us, you commit to pay for your order at the agreed upon Purchase Price. And, when you submit an order to sell to us and accept the Sell-To-Us Price, you commit to sell us the products in your order at the Sell-To-Us Price. If you default in your performance of these commitments, you agree that you will pay the associated Market Loss Fee.

Payment of Market Loss Fee. You expressly authorize us to charge the credit or debit card on file for the Market Loss Fee. Alternatively, in the event your credit or debit card is denied, or if you intend to remit payment for the Market Loss Fee using a payment method other than a credit or debit card, BGASC shall issue an invoice to you for the Market Loss Fee. You expressly agree to pay the Market Loss Fee in full within ten (10) business days of receipt of an invoice from BGASC. If we have approved a refund, any unpaid Market Loss Fees may be deducted from the amount refunded. We will not finalize or ship any future orders that you make until you have paid any owed Market Loss Fees in full. Any and all market gains on any approved offset requests shall belong solely to BGASC.

9. Shipment

Once your order ships, you will receive an email that (1) indicates your order has shipped, and (2) includes a tracking number. Please note that in some cases it may take 24 – 48 hours for tracking information to be updated by the shipping company. As noted in Section 6 and Section 11, depending on the payment method and Transaction type, certain orders may not ship until payment has cleared or a fraud review has been completed.

We procure insurance on all shipments, and each order that contains over One Thousand and No/100 Dollars ($1,000.00) worth of product(s) requires a signature upon delivery. If your shipment is damaged, misdelivered, or lost while in transit, the insurance policy may apply, subject to the other conditions set forth in these Terms and Conditions. However, once a package is shown to be delivered by the carrier, BGASC’s responsibility ends.

It is important that you are physically present at the shipping address when your package is delivered. We, and the insurance carrier, will not accept responsibility for any losses or damages in the following instances:

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. In addition, if the carrier returns the package to us due to the inability to deliver your package for any reason, we will not accept responsibility for any damage or losses that occur in the process of the package being returned to us. This includes, but is not limited to, the package not being received back at our distribution center, products being damaged, missing contents, etc.
A package is successfully delivered as addressed. The insurance ceases the moment the package is signed for or left at the specified delivery address.
A package is lost in transit. “Lost in transit” is defined by the United States Postal Service (“USPS”) as the tracking information for a package not having been updated in five (5) or more calendar days. For UPS and FedEx, it is three (3) calendar days. You must contact us within five (5) calendar days of the most recent tracking recorded by USPS, and within three (3) calendar days of the most recent tracking recorded by UPS, FedEx, or any other common carrier utilized by us, as applicable.
If a package is delivered to you and is missing items, includes the wrong items, or some or all of the items have been damaged, you must notify us within forty-eight (48) hours of the delivery timestamp as recorded by USPS, UPS, FedEx, or any other common carrier utilized by us, as applicable.

While we are not obligated to pursue claims where one of the instances listed above has occurred, we will assist you, including pursuing any claim through the insurance company, provided, however, that you (a) notify us of the issue within the time frames set forth in this Section, and (b) agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including, but not limited to, the signing of an affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame, and/or filing a police report, etc. If we determine the package is lost or damaged, we will file a claim on your behalf. Once the claim is filed, we reserve the right to reship your items or issue a refund in our sole and absolute discretion.

Any shipping times shown on the Services are estimates only, and actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

10. Consent to Electronic Communications

When you create a user account, use the Services, place a Transaction, send an e‑mail or SMS text message to us, or otherwise electronically request that we contact you, you are communicating with us electronically and you consent to receive communications from us electronically by e‑mails, texts, mobile push notices, or other notices and messages on or through the Services.

All communications via SMS are governed by the SMS Terms and Conditions. Message frequency varies. Message and data rates may apply. You may opt out of notifications as set forth in the SMS Terms and Conditions and/or our Privacy Policy, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Services or messages that are primarily about Transactions), you will need to terminate your account.

We reserve the right, but do not have any obligation, to monitor the Services electronically. We further reserve the right to disclose any content, records, or electronic communication of any kind, including feedback, if required to do so by any law, rule, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect our rights or property, or the rights of other Services users, or our partners, affiliates, parent company, service providers, or as otherwise permitted in our Privacy Policy.

11. Fraud Prevention Policy, Telephone Recording, Collections, and Export Controls

Fraud Prevention. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud in relation to any Transaction. We may, in our sole and absolute discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right, in our sole and absolute discretion, to cancel, delay, refuse to ship, or recall from the shipping carrier any Transaction if fraud is suspected. We also reserve the right to cancel your account 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 Transaction is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks, merchant processors, or credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law. For additional information about with whom we may share your personal data, please review our Privacy Policy. We reserve the right, in our sole and absolute discretion, to refuse or cancel any Transaction for any reason or for no reason, regardless of payment method or price confirmation, including without limitation, (a) for orders we deem questionable, suspicious, or to be a significant risk, (b) when the confirmed price is incorrect, and/or (c) when we do not receive payment within the allotted time frames. In the event we cancel an order, we will notify you of the cancellation.

Anti-Money-Laundering Program. All precious metals retailers/dealers doing business in the United States that buy and sell more than $50,000.00 in qualifying metals, stones, and/or jewels per year are legally required to have a written Anti-Money-Laundering (“AML”) program to deter and detect money laundering and the financing of terrorism. We maintain an AML program pursuant to this legal requirement, including, but not limited to, the filing of Suspicious Activity Reports (“SARs”). You agree that you will not take any action under these Terms and Conditions, including, but not limited to, placing Transactions or using these Services, in a way that will be a breach of any AML laws, any anti-corruption laws, and/or any counter-terrorist financing laws.

Telephone Recording. BGASC may record phone conversations between you and us, and you acknowledge the recording of such phone conversations, including, but not limited to, conversations placed to and from our Customer Service and Order Verification toll-free telephone numbers.

Collections. Where not prohibited by applicable law, BGASC may engage external collection agencies to pursue unpaid fees associated with a Transaction, including, but not limited to engaging a collection agency to: (a) contact customers by telephone, including wireless or mobile telephone numbers, (b) send text messages (message and data rates may apply) or emails, and (c) use pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. When you provide your phone number in connection with a Transaction, you acknowledge and consent to being contacted through any of the above-described methods by collection agencies if you owe us fees associated with a Transaction.

Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; and/or (b) on any of the U.S. government lists of restricted end users.

12. User Generated Content: Ratings, Reviews, and Comments

User Generated Content. If you have an account with us, you may post reviews, comments, photos, videos, and other communications, questions, or other content on our Services (the “User Content”), so long as the User Content (a) is not illegal, obscene, threatening, harassing, degrading, defamatory, hateful or intimidating, libelous, pornographic, promotes sexuality, or is otherwise objectionable, invasive of privacy, infringing of intellectual property rights (including publicity rights, patents, trademarks, trade secrets, or copyrights of any other person), misleading, fake, or deceiving, irrelevant to our Services or products, or otherwise injurious to third parties or objectionable, and (b) does not consist of or contain software viruses, political campaigning, commercial solicitation or advertising, chain letters, mass mailings, promote illegal activity, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the User Content. We reserve the right (but not the obligation) to monitor, remove, or edit any User Content, but do not regularly review posted User Content. We take no responsibility and assume no liability for any User Content you post. Under no circumstances will we be liable for removing or failing to remove any User Content. We encourage users of our Services to report User Content that violates these Terms and Conditions.

If you post or submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and any sublicensees the right to use the name that you submit in connection with such User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from User Content you supply.

If you choose to include any of your personal data in the User Content, you agree that you have made that information publicly available and have not restricted its use or disclosure to a specific audience.

Posting and sharing User Content on our Services is a privilege and not a right. The decision of whether to remove User Content from the Services is within our sole and absolute discretion. The views and opinions of users, contributors, and others expressed on the Services, including User Content, do not necessarily state or reflect those of BGASC.

13. Digital Millennium Copyright Act (DMCA) Complaints

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Services infringes your copyright, you (or your agent) may send us a written notice of this by email at legal@bgasc.com or by mail to Buy Gold and Silver Corp, Attn: Copyright Agent, 6125 Luther Lane, #474, Dallas, Texas 75225.

Please include the following information in your notice:

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We reserve the right to terminate a user’s access to the Services without prior notice for any reason, including, but not limited to, for infringing the intellectual property or other rights of third parties, for otherwise violating these Terms and Conditions, or for no reason.

14. Third Party Links

The Services may contain links to third-party websites, applications, or services that BGASC does not own or control. You agree that we will not be held responsible or liable for the content of third-party websites, applications, or services.

15. Investment Advice and Investment Risks

No Investment Advice. The information set forth on the Services is general in nature and provided for educational and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The information contained in or provided from or through the Services is not intended to be, does not constitute and should not be relied on as financial advice, investment advice, trading advice, or any other advice, nor does any information provided on the Services constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The information on the Services is not specific to you, the user, or to anyone else. You should not make any decision – financial, investment, trading, political, or otherwise – based on any of the information presented on the Services without undertaking independent due diligence and consulting with a financial advisor or other qualified professional. You alone assume the sole responsibility of evaluating the risks and merits associated with the use of any information or other content on the Services or in placing Transactions.

Investment Risks. All investments, including precious metals, involve some degree of risk and are affected by numerous economic and geo-political factors, all of which are beyond the control of BGASC. You, and not BGASC, are responsible for such risk, including, without limitation, market volatility and the inability to liquidate the products at an acceptable price, or at all. As stated above, you should consult your investment or financial advisor or other qualified professional prior to purchasing/selling precious metals and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to us that you have sufficient experience and knowledge to make informed financial decisions and that we are not making any recommendation with respect to such Transactions.

16. Disclaimer of Warranties and Limitation of Liability

BGASC PROVIDES THE SERVICES AND PRODUCTS RELATED TO A TRANSACTION ON AN “AS-IS,” “WHERE-IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. BGASC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE OR ANY INFORMATION THEREON: (I) WILL BE UNINTERRUPTED, TIMELY, 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. BGASC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS.

WE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON OUR WEBSITE BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED, TO ANY USER CONTENT, ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE SERVICES, OR ANY CONTENT TRANSMITTED THROUGH THE SERVICES. BGASC 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. WE RESERVE THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BGASC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

WE TAKE THE SECURITY OF PERSONAL DATA SERIOUSLY. THAT SAID, YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL DATA ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. WE CANNOT ENSURE OR WARRANT THE SECURITY OF THE PERSONAL DATA YOU PROVIDE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU TRANSMIT IT TO US AT YOUR OWN RISK. IF YOU HAVE REASON TO BELIEVE THAT YOUR INTERACTION WITH US IS NO LONGER SECURE (FOR EXAMPLE, YOU BELIEVE YOUR ACCOUNT HAS BEEN COMPROMISED), PLEASE IMMEDIATELY NOTIFY US IN ACCORDANCE WITH THE “CONTACT US” SECTION.

WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF BGASC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICES OR TRANSACTIONS, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF $100 OR THE PURCHASE PRICE OR SELL-TO-US PRICE OF THE PRODUCT(S) THAT THE CUSTOMER PURCHASED FROM OR SOLD TO US. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

17. Indemnity

To the fullest extent permitted under applicable law, you hereby agree to defend, indemnify and hold harmless BGASC from and against any and all claims, demands, damages, injuries, losses, liens, causes of action, suits, judgments, penalties, liabilities, debts, costs and expenses, including court costs and reasonable attorneys’ fees relating to or arising from (a) your access to or use of the Services or any materials (including third-party materials), products or services available through the Services, (b) any of your User Content, (c) your entering into Transactions with us, (d) access to your account due to your failure to comply with these Terms and Conditions, or (e) any violation or alleged violation by you of any provision of these Terms and Conditions or the SMS Terms and Conditions. If you are obligated to provide indemnification pursuant to this provision, we may, in our 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 our prior written consent.

18. Arbitration Agreement, Class Action Waiver, and Waiver of Jury Trial

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN CLAIMS WITH BGASC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION EXCEPT AS DESCRIBED HEREIN. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

YOU AND BGASC (THE “PARTIES” FOR PURPOSES OF THIS SECTION) ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR CLAIMS AND ARE NOT INTENDED TO DELAY THE ADJUDICATION OF ANY PARTY’S CLAIMS.

Claims Subject to this Section. The dispute resolution and binding arbitration terms in this Section apply to all Claims between the Parties. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between the Parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either Party wishes to seek legal recourse and that arises from or relates to these Terms and Conditions, the SMS Terms and Conditions, or our Services or the SMS Services, or concerning a Transaction, including any privacy or data-security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it. A “Claim” does not include (a) small claims disputes in which one or both of the Parties seeks to bring an individual action in small claims court located in the county of your billing address or (b) disputes in which you or we seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property or for violations of Section 3 or Section 4 of these Terms and Conditions.

No Representative Actions. THE PARTIES EACH WAIVE THEIR RIGHTS TO HAVE ANY CLAIMS RESOLVED IN COURT AND TO A JURY TRIAL PURSUANT TO THE TERMS OF THIS SECTION. You and BGASC agree that any Claim is personal to you and BGASC and that any Claim will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding, except as allowed herein. 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 will be resolved in a court as set forth in Section 21.

OPTING OUT OF BINDING ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THE TERMS OF THIS SECTION (FOR EXAMPLE, THE FIRST TIME YOU VISITED OR USED OUR SERVICES, THE SMS SERVICE, OR THE FIRST TIME YOU ENGAGED IN A TRANSACTION) BY EMAILING LEGAL@BGASC.COM. IN ORDER TO BE EFFECTIVE, THE OPT-OUT NOTICE MUST INCLUDE YOUR FULL NAME AND ADDRESS AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE CLAIMS IN ACCORDANCE WITH SECTION 21.

Rejection of Future Changes to This Section. You may also reject any change we make to this Section (except address changes) by emailing us notice of your rejection within 30 days of the change at legal@bgasc.com. Changes to this Section may only be rejected as a whole, and you may not reject only certain changes to this Section. If you reject changes made to this Section, the most recent version of this Section that you have not rejected will continue to apply.

Arbitration Notice. For any Claim that you have against BGASC, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at legal@bgasc.com or by certified mail addressed to 6125 Luther Lane, #474, Dallas, Texas 75225, Attn: General Counsel. Your Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Claim; and (c) set forth the specific relief sought. If we intend to seek arbitration, we will send a Notice to the current billing address on your account. Our Notice to you will be similar in form to that described above.

Required Use of JAMS. If the Parties cannot reach an agreement to resolve the Claim within thirty (30) days after such Notice is received, then either party may submit the Claim to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. 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 arbitration will allow for the discovery or exchange of non-privileged information relevant to the Claim. The arbitrator’s award will consist of a written statement, stating the disposition of each claim and providing a concise written statement of the essential findings and conclusions on which the award is based.

Confidentiality. The arbitrator and the Parties will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Claim therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Federal Arbitration Act. The Parties agree that these Terms and Conditions affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable laws. As limited by the FAA, these Terms and Conditions, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

Coordinated Filings. If 25 or more Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in this Section. Each of the Parties may advise the other of its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. Coordinated Claims may only be filed in arbitration as permitted by the “bellwether process” set forth below. Applicable statutes of limitations will be tolled for Claims asserted as Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Section permits such Coordinated Claims to be filed in arbitration or court. The bellwether process set forth in this Section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided. After that point, counsel for the Parties shall select 10 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 5 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The Parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the Parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by BGASC. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 21. To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court shall have authority to enforce the bellwether and mediation processes defined in this Section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Payment of Fees. The Parties agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer) and that we will bear all other costs, including any remaining JAMS filing fees, case management fees, and all professional fees for the arbitrator’s services. For any arbitration initiated by BGASC, BGASC will pay all JAMS fees and costs. Allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules. To the extent permitted by applicable law and the JAMS Rules, a claimant must pay all costs and fees incurred by the defending party, including arbitration, attorney, and expert fees, related to a Claim if an arbitrator determines that (a) the Claim was not warranted by existing law or by a nonfrivolous argument, or (b) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution; this fee shifting provision does not apply to California residents.

Jurisdiction. The Parties agree that the state or federal courts of the State of Texas and the United States sitting in Dallas, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The location of the arbitration will be (a) in Dallas County, Texas or, if requested in your Notice, in the county within the United States where your permanent residence is located; (b) conducted by written submissions; or (c) conducted telephonically.

Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that non-accepting party must pay all arbitration costs and fees incurred by the other party after the written settlement offer was made.

Time Limit to Commence Arbitration. ANY CLAIM MUST BE FILED WITHIN ONE YEAR AND ONE DAY AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT EACH OF THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

Unenforceability/Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms and Conditions; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the Parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Section; and (c) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration. Further, if any part of this Section is found to prohibit an individual Claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with BGASC.

19. Privacy

Use of the Services is subject to the terms of our Privacy Policy and Cookie Policy.

20. California Transparency in Supply Chains Act Disclosure

In accordance with the requirements of the California Transparency in Supply Chains Act of 2010, BGASC provides the following information:

We are opposed to slavery, human trafficking, or forced labor in any form, and each is strictly prohibited throughout our organization.

Our code of ethics and other corporate policies forbid any such acts and require adherence to all applicable federal, state, local and international laws, which include laws prohibiting human trafficking and forced labor.

Supplier Auditing, Verification and Certification. Pursuant to our standard contractual agreements, we require our suppliers to comply with all applicable laws, which include all laws regarding human trafficking and forced labor. We do not currently engage in specific independent third-party verification of our supply chain with respect to risks of human trafficking and slavery, but we do conduct periodic audits of certain raw material suppliers for compliance issues. Although we do not have a specific supplier certification for human trafficking and forced labor, we will not approve any supplier that engages in human trafficking or forced labor prohibited under recognized international law standards as well as applicable U.S. law.

Internal Accountability and Training. We maintain internal accountability standards and procedures for employees and contractors with respect to compliance with applicable laws. We engage in periodic ethics and compliance training for all employees but do not have specific compliance training for human trafficking or forced labor. Our employees who witness a violation of our policies and procedures are directed to notify their supervisor, any officer of the company, our Human Resources Department, our Legal Department, or our toll-free whistleblower hotline or whistleblower reporting portal. Upon our becoming aware of such behavior, any contractor or employee who engages in human trafficking or forced labor will be subject to immediate disciplinary action, including termination of employment or contract.

Notice to California Consumers. If you have any concerns about the Services or a Transaction, we encourage you to contact our Customer Service Department (see Section 23 below or Contact Us Here via our website). California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Miscellaneous

Force Majeure. BGASC shall not be liable for any failure or delay in the performance of its obligations, due to fire, flood, earthquake, explosion, elements of nature, acts of God or similar cataclysmic occurrence, acts of war (whether war is declared or not, and whether or not such war involves the jurisdictions in which you or BGASC reside or conduct business and whether or not such war involves the jurisdictions where these Terms and Conditions are to be performed), terrorism, riots, civil disorder, strikes, labor stoppages, shortages of or delay in receiving raw materials, epidemics, rebellions, embargoes, or blockades, or other similar causes beyond our reasonable control.

Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without reference to the principles of conflicts of law that would apply to the substantive laws of another jurisdiction.

Place to File Permitted Court Actions. If the dispute is related to intellectual property rights, Section 3 or Section 4 of these Terms and Conditions, if the arbitration agreement is found to be unenforceable, or if you have opted out of arbitration, you agree that the exclusive venue for any action shall be the state or federal courts in Dallas County, State of Texas, as applicable. You hereby waive any challenge to personal jurisdiction or venue in Dallas County, Texas (including, without limitation, a challenge based on inconvenience) and agree to the jurisdiction and venue of the courts of the State of Texas to the exclusion of any other courts which otherwise might have had jurisdiction. You must bring any cause of action arising out of, or in connection with, the Terms and Conditions within one year and one day of when the alleged breach occurred.

No Waiver. No failure or delay by BGASC to insist upon the strict performance of any term, condition, or covenant of these Terms and Conditions, or to exercise any right, power or remedy pursuant to or arising from these Terms and Conditions or under law or consequent upon a breach or default of these Terms and Conditions, shall constitute a waiver of any term, condition, covenant, agreement, right, power, remedy of any such breach, or preclude BGASC from exercising any right, power or remedy at any later time or times.

Third-Party Beneficiaries or Assignment. These Terms and Conditions are for the benefit of, and will be enforceable by, the parties only, and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. You may not assign, transfer, or sublicense any of your rights or obligations without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign, transfer or sublicense all of or any part of our rights and obligations under these Terms and Conditions without restriction. These Terms and Conditions shall be binding upon and inure to the benefit of your and BGASC’s successors and assigns.

Modification. We reserve the right to modify these Terms and Conditions or any of our Services at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions or change of the Services. We will use commercially reasonable efforts to notify you electronically or otherwise of any material modification that affects you, and the date set forth above on the copy of the Terms and Conditions will display the new revision date. You should regularly review these Terms and Conditions to ensure that you are aware of, understand and accept any changes made. You are responsible for being familiar with the Terms and Conditions, as they may be revised from time to time. Your continued use of the Services following the posting of changes to these Terms and Conditions will indicate your acceptance of those changes. In addition, any amendments to the Terms and Conditions shall only apply prospectively to new transactions and shall not apply retroactively to any Transactions you made prior to the “Last Modified Date” at the top of these Terms and Conditions.

Survival. Any provision herein that contemplates performance or observance subsequent to any expiration or termination of the Terms and Conditions, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of the Terms and Conditions and continue in full force and effect.

Severability. The invalidity or unenforceability of any provision of these Terms and Conditions or subpart thereof shall in no way affect the validity or enforceability of any other provisions or subparts thereof. If any provisions of the Terms and Conditions are found to be invalid or unenforceable, in lieu of such illegal, invalid or unenforceable paragraph, provision or part thereof, there shall be automatically added a provision as similar in terms to the illegal, invalid or unenforceable paragraph, provision or part thereof, as may be possible, legal, valid, and enforceable.

22. Entire Agreement

These Terms and Conditions, together with the SMS Terms and Conditions, sets forth all of the covenants, promises, agreements, conditions, and understandings between you and BGASC concerning your use of the Services and all Transactions you enter into with us, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between you and us, other than those expressly set forth herein and therein.

23. Contact Us

Please direct any legal questions regarding these Terms and Conditions to the following:

Buy Gold and Silver Corp

Attn: Legal Department

6125 Luther Lane, #474

Dallas, Texas 75225

Phone Number: (800) 992-4272

Email: legal@bgasc.com