Privacy Policy
1. Welcome to C3 BULLION, INC.
C3 BULLION, INC. (collectively, “C3 BULLION,” “us,” “we” or “our”) are part of the C3 BULLION family of companies. Our brands, websites, apps, products, services, and technologies (“Website”) are provided by the entities listed in Section 13 below. Please carefully read Sections 1 through 12, 13.1, and 13.2, which are the sections that apply to you.
By using the Website, you agree to these terms, the policies in C3 BULLION’s Privacy Center, and any community guidelines and supplemental terms provided to you for the Website that you use (collectively, “Terms”). Please read the Terms carefully, as they form the entire agreement between you and C3 BULLION.
THESE TERMS CONTAIN LIMITATIONS OF C3 BULLION'S LIABILITY IN SECTION 9.
U.S. USERS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 13.2 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.
2. Using the Website
a. Authority. You agree that you are permitted to use the Website under applicable law. If you are using the Website on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
b. Indemnity. If you are using the Website on behalf of a company, business or other entity, or if you are using the Website for commercial purposes, you and the entity will hold harmless and indemnify the C3 BULLION Entities (defined in Section 8 below) from any suit, claim or action arising from or related to the use of the Website or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
c. Age. If you are under the Minimum Age (as defined for your region in Section 13) you may not register for an account. Unless you are the holder of an existing account in the United States that is a C3 BULLION Family Account, you must be at least the Minimum Age to use the Website. Certain portions of the Website contain adult and/or mature content. Please do not access that content unless you are an adult (i.e., at least the age of majority in your country) or unless otherwise expressly indicated.
d. Member Conduct. You agree not to use the Website to:
i. obtain or attempt to obtain unauthorized access to the Website or to C3 BULLION’s servers, systems, network, or data;
ii. make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
iii. violate any applicable laws or regulations;
iv. impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
v. make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
vi. post content containing advertisements or other commercial solicitations without our prior written permission;
vii. make available viruses or any other computer code, files, programs, or content designed to interrupt, destroy or limit the functionality of the Website or affect other users; or
viii. interfere with or disrupt the Website or servers, systems, or networks connected to the Website in any way.
e. Use of Website. You must follow any guidelines or policies associated with the Website. You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Website only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Website, or any portion thereof, for any commercial purpose.
f. Export Control. You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanction programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that you: (1) are not a prohibited party identified on any government export exclusion lists (see e.g., http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm); (2) will not re-export or use the Website to transfer software, technology, or other technical data to prohibited parties or countries; and (3) will not use the Website for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the Website that violate the export and import laws of the U.S. or other applicable countries.
g. Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
h. Ownership and Reuse. Using the Website does not give you ownership of any intellectual or other property rights or interests in the Website or the content you access. You must not use any branding or logos used in the Website unless C3 BULLION has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Website. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Website (including content, advertisements, APIs, and software).
i. Software License. Subject to your continuing compliance with these Terms, C3 BULLION grants you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the software and APIs provided to you by C3 BULLION as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by C3 BULLION, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit those restrictions, or you have our explicit written permission. C3 BULLION software may automatically download and install security or other updates without prior notification to you.
j. Support. Unless otherwise expressly stated, C3 BULLION does not promise to provide you with any support for the Website. If C3 BULLION does provide you with support, it is at C3 BULLION's sole discretion and does not mean that we will continue to provide you with support in the future.
k. Fees. C3 BULLION reserves the right to charge fees for use of or access to the Website (and any associated support), whether currently in existence or not, in C3 BULLION's sole discretion. If C3 BULLION decides to charge fees, C3 BULLION’s payment terms will apply, and C3 BULLION will provide you with prior notice.
l. Different Versions of the Website. Different features may be available in different versions of the Website and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of the Website or is using third-party software.
m. Anti-Abuse Policy. C3 BULLION prohibits sending unsolicited emails or messages using the Website. You may not in connection with the Website engage in commercial activity on non-commercial properties or apps or high-volume activity without C3 BULLION’s prior written consent. You may not engage in conduct or activity that is disruptive to the Website or the experience of other users.
3. Your Account; Notices
a. Account Information. You may need an account to use some Website. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All C3 BULLION accounts are non- transferable, and any rights to them terminate upon the account holder’s death.
b. Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to C3 BULLION, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
c. Notices. C3 BULLION may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Website, telephone, or other reasonable means now known, or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Website in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.
4. Privacy and Data Protection
C3 BULLION’s Privacy Center explains how we treat your personal data. By using the Website, you agree to our privacy policies and that C3 BULLION can use your information in accordance with our privacy policies. By using and benefitting from C3 BULLION’s Website you recognize that personalization lies at the core of many of our services. We can only provide many of these websites by using your personal data to provide personalized content and ads. Please visit our Privacy Center to learn more about personalization.
5. Procedure for Copyright or Other Intellectual Property Infringement Claims
C3 BULLION respects the intellectual property of others, and we expect our users to do the same. C3 BULLION may, in appropriate circumstances and at its discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers.
6. Content in the Website and License Grant to C3 BULLION
a. Content. Our Website displays some content that is not C3 BULLION’s. This content is the sole responsibility of the entity or person that makes it available. C3 BULLION assumes no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Website. Many of the Websites enable you to submit content. You – not C3 BULLION – are entirely responsible for any content that you upload, post, email, transmit, or otherwise make available via the Website. We may remove and refuse to display content that violates the Terms or applicable laws or regulations, but that does not mean that we monitor the Website or review or screen any content. By using or accessing the Website you understand and agree that you may be exposed to offensive, indecent, or objectionable content.
b. IP Ownership and License Grant. Except as otherwise provided in the specific C3 BULLION product terms or guidelines for a Service, when you upload, share with, or submit content to the Website you retain ownership of any intellectual property rights that you hold in that content and you grant C3 BULLION a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future; and (b) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Website, as may be permitted by the functionality of those websites (e.g., for users to re-blog, re-post or download your content). In some of the Websites, there may be specific terms or settings allowing a different scope of use of the content submitted to those websites. You must have the necessary rights to grant us the license described in Section 6(b) for any content that you upload, share with, or submit to the Website.
7. Modifying and Terminating the Website; Terminating Accounts
a. We are constantly innovating, changing and improving the Website. Unless stated differently for your country in Section 13, we may, without notice, add or remove functionalities or features, create new limits to the Website, or temporarily or permanently suspend or stop a Service.
b. Unless stated differently for your country in Section 13, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Website at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
c. Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others. If the Service is a paid service, please consult C3 BULLION’s payment terms which can be found here.
8. Our Warranties and Disclaimers
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, C3 BULLION, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY C3 BULLION ENTITIES) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND C3 BULLION EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
b. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT C3 BULLION ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. C3 BULLION ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. C3 BULLION ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT C3 BULLION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN SECTION 14, C3 BULLION ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.
10. Feedback
You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to C3 BULLION related to its products, services, websites, apps, or technology may be used by C3 BULLION without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.
11. About these Terms
a. Third-Party Beneficiaries and Conflicts. These Terms control the relationship between C3 BULLION and you. They do not create any third-party beneficiary rights. If there is a conflict or inconsistency between the terms in this document and the additional terms associated with a particular Service, the additional terms will control solely for that conflict or inconsistency.
b. Modification of the Terms. Unless stated differently for your country in Section 13, we may modify the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly. We will provide notice (in accordance with Section 3(c) above) of material modifications.
c. Continued Use of the Website. You may stop using the Website at any time, but your continued use of or subscription to a Service after the effective date of any modifications to the Terms or the means that you agree to the Terms as modified.
d. Waiver and Severability of Terms. The failure of C3 BULLION to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, C3 BULLION and you nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
e. Assignment by C3 BULLION. C3 BULLION may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
12. Provider of Website
a. The Website is provided by the company that offers the Website in your region as set out in Section 13.2 (the “Applicable C3 BULLION Company”), except for the Website set out below in Section 12(b). Not all Websites or features may be available in your country or region. Different features may be available in different versions of the Website.
b. The following services are provided to you by the same C3 BULLION company wherever you are based in the world:
13. Contracting Party, Choice of Law, and Location for Resolving Disputes and Other Local Region Provisions
1. The choice of law, the location for resolving disputes, certain defined terms (including the Applicable C3 BULLION Company), and other important region-specific provisions are in this Section 13. If you have any questions, please contact customer care using the contact information in the region that applies to you below.
The Americas
2. United States(us):
a. Defined Terms
i. Applicable C3 BULLION, Inc. Company:
Applicable C3 BULLION, Inc.
(Address: C/O Simmons Associates, Ltd., 4 Richmond Square, Suite 102, Providence, RI 02906.
ii. Minimum Age: 13 years old
b. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE FOR U.S. USERS. YOU AND C3 BULLION BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND C3 BULLION ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND C3 BULLION ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:
i. Notice of Dispute. If either you or C3 BULLION intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to C3 BULLION should be sent to C3 BULLION either by mail to C3 BULLION, Attn: Disputes, C/O Simmons Associates, Ltd., 4 Richmond Square, Suite 102, Providence, RI 02906; or disputes@C3 BULLION.com. Notice to you will be to your email address(es) and street address(es), if any, that C3 BULLION has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
ii. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the Website for personal or household use, in which case the AAA's Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org). These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
iii. Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in Jasper County, South Carolina provided that your Dispute meets the requirements of the small claims court.
iv. Arbitration Location. Unless you and C3 BULLION agree otherwise, the arbitration must take place, or the small claims action must be filed, in Providence County, Rhode Island.
v. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
vi. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim. If you do not accept the offer and the arbitrator awards you an amount of money that is more than our offer but less than $5,000, we agree to: (a) pay you $5,000 instead of the lower amount awarded, (b) pay your reasonable attorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator fees and expenses incurred in connection with the arbitration of your Dispute. If the arbitrator awards you more than $5,000 and we are not challenging the award, then we will pay you the amount of the award.
vii. Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below in subsection 14.2.c cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
c. CLASS ACTION WAIVER FOR U.S. USERS. THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
d. JURY TRIAL WAIVER FOR U.S. USERS. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND C3 BULLION AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND C3 BULLION UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
e. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
f. Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and C3 BULLION, will be brought exclusively in the courts located in the county of Providence, Rhode Island. In such cases, you and C3 BULLION agree to submit to the personal jurisdiction of the courts located within the county of Providence, Rhode Island, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
g. The Website is “commercial computer software” and “commercial items” as these terms are used in the Federal Acquisition Regulation system, and the rights of the United States are only those rights granted to all other end users pursuant to the terms and conditions herein and will not exceed the minimum rights set forth in FAR 52.227-19.
h. Closed Captioning. C3 BULLION complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.
i. In New Jersey, all of the limitations on liability set forth in Section 9 shall apply except nothing in these Terms will exclude or limit liability for intentional torts, willful acts, gross negligence, or a violation of a statutorily imposed duty.
j. You agree to not use the Website to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
3. Argentina (ar), Chile (cl), Colombia (co), Mexico (mx), Peru (pe), and Venezuela (ve):
a. Defined Terms
i. Applicable C3 BULLION, Inc., C/O Simmons Associates, Ltd., 4 Richmond Square, Suite 102, Providence, Rhode Island 02906.
ii. Minimum Age: 13 years old
b. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE. YOU AND C3 BULLION BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND C3 BULLION ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND C3 BULLION ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:
i. Notice of Dispute. If either you or C3 BULLION intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to C3 BULLION should be sent to C3 BULLION either by mail to C3 BULLION, Attn: Disputes, C/O Simmons Associates, Ltd., 4 Richmond Square, Suite 102, Providence, RI 02906; or disputes@C3 BULLION.com. Notice to you will be to your email address(es) and street address(es), if any, that C3 BULLION has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
ii. Arbitration Procedure. The Federal Arbitration Act applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the Website for personal or household use, in which case the AAA's Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org). These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
iii. Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in Providence County, Rhode Island provided that your Dispute meets the requirements of the small claims court.
iv. Arbitration Location. Unless you and C3 BULLION agree otherwise, the arbitration must take place, or the small claims action must be filed, in the county of Providence, Rhode Island.
v. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
vi. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim. If you do not accept the offer and the arbitrator awards you an amount of money that is more than our offer but less than $5,000, we agree to: (a) pay you $5,000 instead of the lower amount awarded, (b) pay your reasonable attorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator fees and expenses incurred in connection with the arbitration of your Dispute. If the arbitrator awards you more than $5,000 and we are not challenging the award, then we will pay you the amount of the award.
vii. Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below in subsection 14.3.c cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
c. CLASS ACTION WAIVER. THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
d. JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND C3 BULLION AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND C3 BULLION UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
e. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
f. Forum. If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and C3 BULLION, will be brought exclusively in the courts located in the county of Providence, Rhode Island or the U.S. District Court for the District of Rhode Island. In such cases, you and C3 BULLION agree to submit to the personal jurisdiction of the courts located within the county of Providence, Rhode Island, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
g. Community Guidelines. The C3 BULLION Community Guidelines can be found here.
h. The Website is “commercial computer software” and “commercial items” as these terms are used in the Federal Acquisition Regulation system, and the rights of the United States are only those rights granted to all other end users pursuant to the terms and conditions herein and will not exceed the minimum rights set forth in FAR 52.227-19.
i. Closed Captioning. C3 BULLION complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. Please visit https://c3bullion.com for more information or to register any concerns or complaints regarding video content accessible on the C3 BULLION network of properties.
j. In Delaware, all of the limitations on liability set forth in Section 9 shall apply except nothing in these Terms will exclude or limit liability for intentional torts, willful acts, gross negligence, or a violation of a statutorily imposed duty.
k. You agree to not use the Website to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
4.Brazil (br):
a. Defined Terms
i. Applicable C3 BULLION Company:
ii. Minimum Age: 13 years old (however, if you are between 13 and 18 years old, you must have parental or legal guardian permission in order to agree with our Terms and to use the Service).
b. Protecting our systems and our users' information is paramount to ensuring C3 BULLION users enjoy a secure user experience and maintaining our users' trust. To learn more about security, including the steps we have taken and steps you can take, please read Security at C3 BULLION.
c. YOU UNDERSTAND AND AGREE THAT YOUR USE AND THE PROVISION OF THE SERVICES INVOLVE THE COLLECTION, STORAGE, PROCESSING, USE AND DISCLOSURE OF INFORMATION AND USER DATA, INCLUDING THE TRANSFER OF THOSE INFORMATION AND DATA TO OTHER COMPANIES AND TERRITORIES, AS STATED IN THE PRIVACY POLICY.
5. Canada (ca and cf):
a. Defined Terms
i. Applicable C3 BULLION Company:
ii. Minimum Age: Legal Age to form a binding contract in your province or territory of residence.
b. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. In no event shall the parties bring claims against one another under the laws of another jurisdiction.
c. Forum. Any claim against C3 BULLION shall be brought exclusively in the courts located within the province of Ontario, Canada. In such cases, you and C3 BULLION agree to submit to the personal jurisdiction of the courts located within the province of Ontario and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to a venue in such courts.
d. Updates. C3 BULLION may automatically download and install the latest version of the Website on your device once a new version or feature is available.
e. Some provinces and territories do not allow for the exclusion of warranties (including the province of Quebec). In these provinces and territories, you have only the warranties that are expressly required to be provided in accordance with applicable law.
f. Some provinces and territories do not provide exclusion of limitation of liability for all types of damages (including the province of Quebec). In these provinces, C3 BULLION will only be liable to you for damages that we are expressly required to be liable to you under applicable law.
Asia Pacific
g. Australia (au):
DefinedTerms
i. Applicable C3 BULLION Company:
ii. Minimum Age: 13 years old
i. Customer Support. For customer support, see this page.
6. Hong Kong (hk):
a. Defined Terms
i. Applicable C3 BULLION Company:
ii. Minimum Age: 13 years old
7. India (in):
a. Defined Terms
i. Applicable C3 BULLION Company:
l. (Mumbai– 400093, India) and the following terms apply: (a) “Minimum Age” means 15 years old, provided that if you are between 15 and 18 years of age, you must have parental or legal guardian permission to use the Website or register for an account, (b) you must be at least 15 years old in order to agree with our Terms, provided that if you are between 15 and 18 years of age, you must have parental or legal guardian permission to do so, (c) the Terms and the relationship between you and C3 BULLION will be governed by the laws of India without regard to its conflict of law provisions, and (d) you and C3 BULLION agree to submit to the exclusive jurisdiction of the courts located at Mumbai, India.
a. For other Website: the Applicable C3 BULLION Company is the C3 BULLION company that is specified to be the provider in respect of a specific Service, and the Terms and the relationship between you and the Applicable C3 BULLION Company will be governed by the laws of the place of incorporation of the Applicable C3 BULLION Company; or
b. if no C3 BULLION company is specified to be the provider in respect of a specific Service, the Applicable C3 BULLION Company is C3 BULLION Inc. apply.
8. Japan:
a. Defined Terms
i. Applicable C3 BULLION Company:
ii. Minimum Age: 18 years old (however, if you are 18 or 19 years old, you must have the permission of a parent or legal guardian in order to agree to the Terms and to use the Website)
b. Choice of Law. The Terms and relationship between you and C3 BULLION will be governed by the laws of Japan without regard to its conflict of law provision.
c. Forum. You and C3 BULLION submit to the exclusive jurisdiction of the Tokyo District Court, Japan.
d. Modifying the Website; Modifying these Terms
i. When we modify the Website as outlined in Section 7(a), or we modify these Term pursuant to Section 11(b), we will notify you a reasonable amount of time in advance of any modifications that will be of material disadvantage to you or materially limit your access to or usage of the Website.
ii. For modifications to these Terms or the Website that we need to make in order to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance, but we will let you know as soon as practicable after such modification is made.
e. Limitation of Liability. Nothing in these Terms affects any legal rights that you are entitled to as a consumer under Japanese law which cannot be contractually altered or waived. Accordingly, if the contract regarding the use of the Website pursuant to these Terms is deemed a consumer contract under the Consumer Contract Act of Japan, some of the exclusions and limitations in Section 9 of these Terms will not apply to you for liability resulting from C3 BULLION’s willful misconduct or gross negligence.
9. New Zealand (nz):
1. Defined Terms
i. Applicable C3 BULLION Company:
1. New Zealand Limited will be governed by the laws of New Zealand without regard to its conflict of law provisions, and (b) you and C3 BULLION New Zealand Limited agree to submit to the exclusive jurisdiction of the courts of New Zealand.
2. For other services, the Applicable C3 BULLION Company is C3 BULLION Inc., and for such Website the terms of Section 13.2 (United States) apply.
ii. Minimum Age: 13 years old
10. Singapore (sg), Indonesia (id), Malaysia (my), Philippines (ph), Thailand (th) or Vietnam (vn)):
a. Defined Terms
i. Applicable C3 BULLION Company:
1. and the following terms apply: (a) the Terms and the relationship between you and C3 BULLION will be governed by the laws of Singapore without regard to its conflict of law provisions, and (b) you and C3 BULLION to submit to the exclusive jurisdiction of the courts of Singapore.
2. For other Website:
a. the Applicable C3 BULLION Company is the C3 BULLION company that is specified to be the provider in respect of a specific Service, and the Terms and the relationship between you and the Applicable C3 BULLION Company will be governed by the laws of the place of incorporation of the Applicable C3 BULLION Company; or
b. if no C3 BULLION company is specified to be the provider in respect of a specific Service, the Applicable C3 BULLION Company is C3 BULLION Inc., and for such Website the terms of Section 13.2 (United States) apply.
ii. Minimum Age: 13 years old
11. Taiwan (tw):
a. Defined Terms
i. Applicable C3 BULLION Company:
1. and the following terms apply: (a) the Terms and the relationship between you and C3 BULLION will be governed by the laws of the Republic of China (R.O.C.) without regard to its conflict of law provisions, and (b) you and C3 BULLION agree to submit to the exclusive jurisdiction of the Taipei District Court located in Taiwan, R.O.C.
2. For other Website:
a. the Applicable C3 BULLION Company is the C3 BULLION company that is specified to be the provider in respect of a specific Service, and the Terms and the relationship between you and the Applicable C3 BULLION Company will be governed by the laws of the place of incorporation of the Applicable C3 BULLION Company; or
b. if no C3 BULLION company is specified to be the provider in respect of a specific Service, the Applicable C3 BULLION Company is C3 BULLION Inc. (Address: 875 North Michigan Avenue, Suite 3100, Chicago, IL 60611, and for such Website the terms of Section 14.2 (United States) apply.
ii. Minimum Age: 13 years old
Europe, Middle East and Africa
12. Europe, Middle East and Africa
a. Defined Terms
i. Applicable C3 BULLION Company:
ii. Minimum Age: For EU Member States, the Minimum Age is 16 or the lower age that a Member State has provided for you to consent to the processing of your personal data. For countries outside the EU the Minimum Age is 13.
b. Choice of Law. These Terms and their operation, interpretation or formation, and the relationship between the parties, including any claim or dispute that might arise between the parties (including non-contractual claims or disputes) will be governed by the laws of Ireland without regard to its conflict of law provisions.
c. Forum. Except to the extent set out in paragraph (d) below, you and C3 BULLION agree to submit to the exclusive jurisdiction of the Irish courts in respect of any dispute or claim that arises out of or in connection with these Terms or their operation, interpretation or formation (including non-contractual claims or disputes). In such cases, you and C3 BULLION agree to submit to the personal jurisdiction of the courts located within Ireland and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue of such courts.
d. If you reside in a European Union country, nothing in these Terms, including paragraphs (b) and (c) above, affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/.
e. Modifying the Website; Modifying these Terms
i. Where we modify the Website as outlined in Section 7(a), or we modify these Terms pursuant to Section 11(b), we will tell you a reasonable amount of time in advance of any modifications that will materially disadvantage our users or materially limit the access or usage of Website. Your continued use of the Website after the effective date of any such modifications means that you agree to the Website or the Terms as modified.
ii. For modifications to the Terms or to the Website that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance, but we will let you know as soon as practicable.
f. Notice of cancellation, suspension or limitation of the Website or your account.
i. Despite Subsection (f) above and without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or cancel your account or impose limits on or restrict your access to parts or all of your account or the Website:
1. if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;
2. in response to requests by law enforcement or other government agencies under valid legal process;
3. due to unexpected technical or security issues or problems; or
4. if your account shows extended periods of inactivity in accordance with our account deletion policy.
g. If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.
i. Cooling off period for EU consumers. The following provisions supplement Section 10 (Fee-Based Website and Billing). If you are a consumer living in the EU, you can cancel your fee-based Service without giving a reason within 14 days from the day of the conclusion of the contract. You can notify us by contacting us at customer care or by completing and submitting this form. You must send your notification to us before the expiry of the 14-day cancellation period.
ii. Exceptions. If you purchase digital content not supplied in a tangible medium from us, you agree that the cancellation period expires immediately once you begin to download or stream the digital content.
iii. Reimbursement. We will reimburse all payments received from you for the fee-based Service no later than 14 days from the day on which we received your cancellation notification. Unless you expressly agree otherwise, we will use the same means of payment as used for the initial transaction. You agree that if you start using the fee-based Service before the end of the cancellation period you will be liable for all charges incurred up to the date of cancellation
h. Auto-Renewal. In addition to Section 10(b)(v), the following shall apply: If your subscription is auto-renewed and the price has increased, you will be notified of the applicable new price and you will be allowed to terminate your subscription within a period of 14 days upon receipt of the notice. In such case, the new price will not become effective and your subscription will end at the end of the term.
i. Exclusions and Limitations of Liability. Nothing in the Terms affects any legal rights that you are entitled to as a consumer under Irish and EU law which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 8 and 9 of the Terms will not apply to you if you are a consumer living in a European Union country.
j. Our Liability. Despite Section 9, we accept responsibility for fraudulent representations made by us or if you are injured or die as a direct result of our negligence in connection with the Website.