User Agreement - Use of Services
SouthWest Bullion, LLC, Inc, DBA Cash 4 Silver Eagles ("SWB") and all of the Internet accessible
SouthWest Bullion, LLC (i.e. this web site, Cash 4 Silver Eagles) branded services,
By using this website and other services provided by the SouthWest Bullion, LLC,. DBA Cash for Silver Eagles ("SWB"), including making purchases from SWB, making sales to SWB and placing orders with SWB, you are agreeing to the following terms, including, without limitation, (the "User Agreement"). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with SWB you must read and accept all of the terms in the User Agreement. SWB strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available by hyperlink.
Purchases, Sales and Orders
You may make purchases, sell to and order from SWB only in accordance with the Ordering Policy and Procedures.
You are subject to the Disclaimers (Available by hyperlink) that have been made by SWB, which SWB encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by SWB.
In addition, you represent and warrant to SWB that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to SWB. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that SWB is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of SWB, and you expressly acknowledge that SWB is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment. Investing in bullion and coins is a considerable risk because their value can go down as well as up. Investing in them may not be suitable for everyone.
You shall indemnify and hold harmless SWB and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys� fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to SWB, or (b) your failure to comply with this User Agreement or the policies adopted by SWB.
Limitation of Liability
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by SWB.
- (i) Force Majeure. Neither party will be liable for any failure to perform any obligation hereunder, or for any delay in the performance thereof, due to causes beyond its control (each a �Force Majeure), including, but not limited to, acts of God, war, terrorism, or riot; embargoes; strikes or other industrial disputes; acts of civil or military authorities; denial of or delays in processing of export license applications; fire, floods, earthquakes, or other accidents; or fuel crises or failures of telecommunication or electric power; provided that such part gives prompt written notice thereof to the other party.
- (ii) Special Damages. Under no circumstances will either party be liable for any indirect, incidental, special, punitive or consequential damages with respect to the subject matter hereof, including lost profits, regardless of whether such damages could have been foreseen or prevented by either party.
- (iii) Aggregate Liability. Except for the parties� obligation to the extent permitted by law, in no event will the aggregate liability of either party to the other party or to any third party for damages, direct or otherwise, arising out of or in connection with this Agreement exceed the total value of the Fees payable to SWB regardless of the cause or form of action.
- (iv) Limitation of Action. No action arising out of this Agreement (other than an action for any Fees or expenses owing by Customer or Payor) may be brought more than one year after the date the cause of action first arose.
- (v) In the event that, notwithstanding such limitations of liability, SWB is determined to be liable to you in connection with any transaction between SWB and you pursuant to this User Agreement, the liability of SWB to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. SWB shall not, in any event, be liable for any consequential, exemplary or indirect damages.
- (vi) EXCLUSION OF WARRANTIES. TO THE EXTENT PERMITTED BY LAW, SWB, ITS AFFILIATES AND THE DATA SOURCES SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF ANY FAULTS, INTERRUPTIONS, OR DELAYS IN THE SWB SERVICES OR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE SWB CONTENT. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NO WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS (as used in this section, �WARRANTIES�) ARE MADE AS TO MECHANICAL ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES, WHETHER EXPRESSED OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH N THIS AGREEMENT.
By purchasing from, making sales to or ordering from SWB, whether by telephone, through a website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Every product that SWB sells is subject to all U.S export laws. No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the U.S has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the U.S Treasury Department's list of Specially designated Nationals or the U.S Commerce Department's Table of Denial Orders.
Either SWB or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of SWB and you with respect to the period prior to the termination.
Default; Rights and Remedies
Upon any failure by you to comply with your obligations to SWB, SWB shall have all of the rights and the remedies available to SWB, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, SWB may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of SWB in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by SWB of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to SWB, in the event of any failure by you to comply with this User Agreement, SWB may charge the credit card on which you have provided SWB including, without limitation, any and all market losses incurred by SWB including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize SWB to charge your credit card for all of such amounts.
Market Loss Policy
When purchasing from SWB, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 (USD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of SWB.
When selling to SWB, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items. That amount will be charged to you, plus a $35.00 (USD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of SWB.
In addition to the other rights and remedies available to SWB, in the event of any failure by you to comply with this User Agreement, SWB may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
In addition to the other rights and remedies available to SWB, SWB may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to SWB and may offset any monetary obligations that SWB has to you against your monetary obligations to SWB. SWB may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to SWB in such manner as SWB determines to be appropriate.
Absence of Relationship
The sole relationship between SWB and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between SWB and you exists.
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of SWB, which may be granted or withheld by SWB in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of SWB and you.
Costs and Expenses of Collection
In the event that SWB must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by SWB, including, without limitation, reasonable attorneys� fees, in connection with such action.
It is the common goal of SWB and you that any disagreement or dispute between SWB and you be resolved expeditiously. SWB and you agree that all disagreements and disputes between SWB and you be resolved in accordance with the following paragraphs:
Forum Selection. The federal and state courts located in Ft Bend County, Texas shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law. This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH SWB AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both SWB and you also waive any arbitration requirements to which they might otherwise be subject.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by SWB to carry out this User Agreement.
Except as otherwise provided in this User Agreement, all notices and other communications to SWB shall be directed to the registered agent of SWB in the State of Texas and all notices and other communications to you shall be directed, at the option of SWB, to the address that you provided to SWB at the time of your registration or to the email address that you provided to SWB at the time of your registration.
Recording of Phone Conversations
SWB may record phone conversations between SWB and you. You consent to the recording of such phone conversations.
Absence of Waivers
A decision or a failure by SWB to take action with respect to any non-compliance with this User Agreement does not affect the ability of SWB with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
SWB may amend this User Agreement at any time by posting the amended terms on the website.
This User Agreement may not be otherwise amended except by written agreement between SWB and you.
This User Agreement sets forth the entire understanding between SWB and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact SWB at:
© SouthWest Bullion, LLC, Inc,. DBA Cash for Silver Eagles, ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Please mail any comments or inquiries to:
- Cash for Silver Eagles
- c/o SouthWest Bullion, LLC
- 15115 Westheimer Rd, Suite R
- Houston Texas 77082 US
- Office Hours are 9:00 am to 7:00 pm, Monday - Friday, and 10:00 am - 4:00 pm on Saturday CST
- Phone: (281) 531-7760
- Email: email@example.com
- Web Address: www.southwestbullion.com