Birch Gold Group Terms and Conditions

These Website Terms and Conditions (these “Terms”) are an agreement between you and Birch Gold Group, which operates the website www.birchgold.com, and its affiliates (collectively, “Birch Gold Group,” the “Company,” “we,” “us,” or “our”), and governs your use of the website made available at www.birchgold.com and its associated webpages (the “Website”).  By using the Website, you are agreeing to be bound by these Terms.  IF, FOR ANY REASON, YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE IMMEDIATELY.

THESE TERMS INCLUDE IMPORTANT LEGAL PROVISIONS THAT DEFINE YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR USE OF THE WEBSITE.  PLEASE READ THESE TERMS, INCLUDING THE PRIVACY AND OTHER DOCUMENTS INCORPORATED HEREIN, CAREFULLY PRIOR TO USING THE WEBSITE.  YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Both you and the Company agree, with the limited exceptions noted below, to resolve all disputes between you and the Company through BINDING INDIVIDUAL ARBITRATION as further provided below. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

GENERAL PROVISIONS

  1. Privacy Policy.  Your use of the Website is subject to the terms of the Birch Gold Group Privacy Policy (the “Privacy Policy”), which is hereby incorporated into and made a part of these Terms.  In the event of a conflict between any provision of these Terms and the Privacy Policy, the terms of the Privacy Policy will control.
  2. Right to Amend.  You acknowledge and agree that Birch Gold Group may amend these Terms at any time and from time to time, without notice to you.  Following any such amendment, these Terms, as so amended, shall govern your use of the Website.  Your use of the Website following such amendment constitutes your acceptance of these Terms as so amended.
  3. Third-Party Beneficiaries. These Terms are also for the express benefit of Birch Gold Group’s representatives, officers, shareholders, subsidiaries, employees, and agents (including service providers). If and to the extent an action of any kind is brought against any such person on account of the Site or any communications and interactions with Birch Gold Group through or facilitated by the Site, such persons shall have all of the protections afforded by these Terms, including the dispute resolution procedure.
  4. Website Limitations.  The Website should not be considered a comprehensive source of information regarding precious metals or any of the other products being sold and bought by Birch Gold Group (collectively, the “Products”).  It is your responsibility to educate yourself regarding the Products prior to entering into any transaction with Birch Gold Group.  Your reliance upon any information on the Website is solely at your own risk.  For more information, please see our Risk Disclosure.
  5. Information Collection.  In connection with your use of the Website or otherwise in connection with your interactions with Birch Gold Group, you may submit personally identifiable information about yourself, which may include, without limitation, your first and last name, email address, telephone number, mailing address, shipping address and country of residence. Birch Gold Group may collect other information about your visits to the Website to protect the security of Birch Gold Group customers and the Website or to improve the Website, the Services and the Products.  All information collected by Birch Gold Group will be governed by the Privacy Policy.
  6. Your Representations and Warranties.  By using the Website, you hereby represent and warrant, on a continuing basis, that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into these Terms and to comply with them; (c) you have sufficient experience and knowledge to make informed decisions with respect to purchase and sale transactions with Birch Gold Group; (d) all information that you provide to Birch Gold Group and the Website is and shall remain accurate in all respects; and (e) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
  7. Rules Regarding Use.  As a condition to using the Website and the services provided thereby (the “Services”), you agree to comply with all applicable local, state, national, provincial and international laws, treaties and regulations.  You further agree not to (a) gain or attempt to gain unauthorized access to the Website (including any restricted sections thereof), the Services, or any related system or network, including by impersonating any other Website user or other person or entity; (b) establish a link to the Website in such a way as to suggest to any third party any form of association, approval or endorsement on the part of Birch Gold Group; (c) falsely imply any sponsorship or other relationship with Birch Gold Group except that of customer and vendor; (d) use the Website or the Services in any unlawful manner, including, without limitation, in violation of any person’s privacy rights, to abuse, harass or defame any individual or entity, to send unsolicited communications or to store or transmit any content that infringes upon any third party’s intellectual property rights; (e) use the Website or the Services to post, transmit, upload, link to, send or store any content that is unlawful, abusive, obscene, racist or discriminatory; (f) use the Website or the Services to post, transmit, upload, link to, send or store any viruses, cancel bots, malware, Trojan horses, time bombs or any other similar harmful software or any tracking cookies; (g) use the Website or the Services in any manner that interferes with or disrupts the integrity or performance of the Website, the Services or any related system or network or attempt to damage or interfere with any of the foregoing by any method, including, without limitation, flood pings, denial of service attacks, packet or IP spoofing, forged routing or other information or similar methods or technology; (h) attempt to decipher, decompile, reverse engineer, disassemble, reproduce or copy or otherwise access or discover the source code or underlying program of any software used in or in connection with the Website or any Services; (i) copy, display, distribute, create derivative works from or otherwise use in any manner the Website or any of the contents thereof; (j) use or try to use the Website or any Services in violation of these Terms; or (k) assist any third party in any of the foregoing.
  8. External Website. The Website may be linked to other websites.  You acknowledge and agree that the Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites.  The Company makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.  You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website. Inclusion of any third party link does not imply an endorsement or recommendation by the Company.
  9. Authorization to Contact You.  By agreeing to these Terms, you hereby expressly authorize Birch Gold Group, and its affiliates, designees and agents, to contact you as described below.
    1. A Do Not Call Registry Waiver.  You hereby expressly authorize the Company to telephone you at any number you provide (and any updated or additional numbers you may provide in the future), regardless of whether or not your telephone number appears in the “National Do Not Call Registry,” established pursuant to 16 CFR§ 310.4(b)(1)(iii)(B).
    2. Telephone Consumer Protection Act Authorization.  You hereby expressly agree that the Company may call you and/or send text messages and/or send emails to you at any telephone number or email account you provide (and any updated or additional numbers or email accounts you may provide in the future), including wireless telephone numbers (commonly known as mobile or cellphone numbers) that could result in charges to you.  The manner in which these calls, text messages or emails are made to you may include, without limitation, the use of prerecorded/artificial voice messages and/or automatic telephone dialing systems.  You may revoke consent at any time and by any reasonable means, including by texting “Stop” in response to any text message you receive, emailing a stop request to info@birchgold.com (which does not bounce back) or mailing your request to Birch Gold Group, 3500 W Olive Ave, Suite 300, Burbank, CA 91505.  If you email or write, please clearly identify yourself and what methods, number(s) or email address(es) that the Company should stop using to communicate with you, if less than all.
  10. Rights in Website and Related Intellectual Property; Limited License to Use Website.
    1. Except for the limited license granted to you to use the Website as described in the following paragraph, Birch Gold Group retains the exclusive right, title and interest in and to all intellectual property, including, without limitation, all patents, inventions, copyrights, trademarks, trade names, service marks, trade dress, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights, in or related to the Website, the contents thereof and the Services.  All such intellectual property and intellectual property rights are protected by applicable law, including, without limitation, applicable copyright laws and treaties throughout the world.  You hereby acknowledge and agree that you are not permitted to reproduce the Website or any contents of the Website in any manner, prepare derivative works from the Website or any contents of the Website or use the Website or any contents of the Website for any purpose other than entering into lawful transactions with Birch Gold Group.
    2. Birch Gold Group hereby grants you a limited, revocable, non-exclusive, royalty free, non-sublicensable and non-assignable license to use the Website for the purpose of communicating with, obtaining or requesting information from, or conducting purchase and sale transactions with Birch Gold Group.  Any violation by you of these Terms or use by you of the Website for a purpose beyond such limited purpose will result in the automatic termination of the foregoing license to you, without any need for any further action on the part of Birch Gold Group.
  11. Trademarks, Logos and Other Intellectual Property.  The Birch Gold Group word marks and logos and any Birch Gold Group slogans used in or on the Website are trademarks of Birch Gold Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Birch Gold Group.  You may not use any metatags or any other “hidden text” utilizing the name “Birch Gold Group" or any other name, trademark or product or service name of Birch Gold Group without the prior written permission of Birch Gold Group.  The look and feel of the Website, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark and/or trade dress of Birch Gold Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Birch Gold Group. All other trademarks, trade names, product names and company names and logos mentioned in or on the Website are the property of their respective owners.
  12. Reports, Evaluations and Other Guidance on Website.  Birch Gold Group from time to time may include on the Website information such as articles, reports, alerts and price evaluations.  You acknowledge and agree that such information is provided “as is” and for general background only.  You acknowledge and agree that you may not and will not rely upon any such information in making transaction decisions.
  13. DISCLAIMERS BY BIRCH GOLD GROUP.BIRCH GOLD GROUP PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BIRCH GOLD GROUP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE USE THEREOF OR ANY INFORMATION ON IT (A) WILL BE UNINTERRUPTED OR SECURE; (B) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (C) WILL MEET THE REQUIREMENTS OF ANY USER; (D) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.BIRCH GOLD GROUP MAKES NO WARRANTIES WITH RESPECT TO THE WEBSITE OTHER THAN THOSE EXPRESS WARRANTIES CONTAINED IN THESE TERMS AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  14. NO LIABILITY FOR CERTAIN DAMAGES.THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS.  THIS LIMITATION DOES NOT, HOWEVER, EXTEND TO DIRECT OR CONSEQUENTIAL DAMAGES FOR PERSONAL PHYSICAL INJURY.  YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  15. Indemnification.  You agree to indemnify and hold the Company and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees and expenses), based upon or relating to any act or omission on your part (or anyone acting on your behalf). You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of
  16. No Waiver.  No delay or failure on the part of Birch Gold Group in exercising any legal right or remedy it may have against you shall be deemed to constitute a waiver of such right or remedy.  In addition, no partial exercise by Birch Gold Group of any legal right or remedy it may have against you shall preclude the further exercise by Birch Gold Group of such right or remedy or its exercise of any other right or remedy it may have against you.
  17. No Assignment.  You may not assign or delegate these Terms or any of your rights or obligations hereunder.  Birch Gold Group has the unlimited right to assign or delegate these Terms and any or all of its obligations and rights hereunder.  These Terms shall be binding upon and inure to the benefit of you and Birch Gold Group and your and its respective permitted assignees and legal representatives.
  18. Force Majeure.  You expressly acknowledge and agree that Birch Gold Group will not be liable to you under any legal theory for any failure to perform any obligation to you, whether under these Terms or otherwise, which failure is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, fire; war, insurrection, riot, epidemic or pandemic, governmental action or refusal to act, communications failure or power failure, any exchange or market ruling or any other cause beyond the reasonable control of Birch Gold Group.
  19. Governing Law.  Any controversy or claim arising out of or relating in any way to (a) these Terms; (b) the enforcement or interpretation hereof; (c) an alleged breach, default or misrepresentation in connection with any of the provisions hereof; or (d) any transaction, communication or interaction between You and Birch Gold Group shall be governed by Iowa law, without regard to its conflicts of law provisions. Notwithstanding the foregoing, the provisions of Section 20, including the requirement to arbitrate claims on an individual basis, shall be governed by and interpreted in accordance with the Federal Arbitration Act.
  20. Resolution of Disputes; Waiver of Right to Jury Trial; Agreement to Arbitrate.  These Terms contain a binding, individual arbitration agreement and class action waiver.  This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below; that claims of different persons cannot be combined or aggregated, and that you are waiving your right to file a lawsuit in court and to have a jury decide the dispute.  Please read all the provision of this Section 23 carefully and consult a legal advisor if you have any questions.

    1. Any controversy or claim arising out of or relating to the Website, these Terms, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with the Website or any provision of these Terms, or arising out of or relating in any way to any transaction, communication or interaction between you and Birch Gold Group or any agents or designees (each, a “Dispute”), shall be submitted to final and binding individual arbitration in accordance with the following provisions in order to establish and gain the benefits of a speedy, impartial and cost effective dispute resolution procedure.
    2. Except as otherwise prohibited by applicable law, any Dispute will be decided exclusively by final and binding arbitration, before a single neutral arbitrator (the “Arbitrator”), in Des Moines, Iowa, utilizing the applicable JAMS rules, as described below (the “JAMS Rules”).  Notwithstanding the immediately preceding sentence, if required by the JAMS Rules or any applicable JAMS minimum standards, or if the Arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Des Moines, the Arbitrator shall have the authority to hold the hearing, or any part thereof, in the county where you live or to permit you to attend via videoconference, Skype, Facetime, telephonic or similar virtual participation.
    3. The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules and procedures (if the amount in controversy exceeds $250,000) or its expedited arbitration rules and procedures (if the amount in controversy is less than or equal to $250,000).  These rules may be accessed at https://www.jamsadr.com/adr-rules-procedures/.
    4. To the fullest extent permitted by applicable law, and notwithstanding anything else in these Terms, you agree that any Dispute shall be decided by the Arbitrator on an individual basis and not on a class, collective or representative basis.  You further acknowledge and agree that the Arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding.
    5. The Arbitrator may award any form of remedy or relief (including injunctive relief and specific performance) that would otherwise be available in court.  Any award pursuant to the arbitration shall be accompanied by a written opinion of the Arbitrator setting forth the reason(s) for the award, which shall be delivered within 30 days of the close of the hearing on the arbitration (unless extended by mutual agreement of you and Birch Gold Group).  The award rendered by the Arbitrator shall be conclusive and binding upon you and the Birch Gold Group, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction.
    6. Subject to the JAMS Rules and any applicable JAMS minimum standards, the arbitration fees, together with other expenses of the arbitration incurred or approved by the Arbitrator, shall be divided equally between you and Birch Gold Group.
    7. YOU UNDERSTAND THAT, ABSENT THESE TERMS, EACH OF YOU AND THE COMPANY WOULD HAVE THE RIGHT TO SUE THE OTHER IN COURT AND TO HAVE ANY DISPUTE DECIDED PURSUANT TO A JURY TRIAL, BUT, BY THESE TERMS, YOU ARE GIVING UP THAT RIGHT AND AGREEING TO RESOLVE BY ARBITRATION ANY AND ALL DISPUTES.
    8. You and Birch Gold Group agree to treat as strictly confidential all information concerning any arbitration proceeding, including the pleadings, the hearing and any arbitration award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, confirmation and enforcement proceedings or a judicial challenge to an award or its enforcement, or unless otherwise required by applicable law or judicial decision.  You and Birch Gold Group agree that breach of this confidentiality provision would irreparably harm the non-breaching party, and further agree that any such breach shall entitle the non-breaching party to seek injunctive relief and/or compensatory damages for the breach (without the necessity of posting a bond or other security).
    9. Notwithstanding the other provisions of this Section 20, you agree that Birch Gold Group will have the right to seek injunctive or other equitable relief in any state or federal court located in Polk County, Iowa, to enforce these Terms or prevent an infringement of a third party’s rights, without being required to post a bond or other security or prove actual damages.  In the event Birch Gold Group seeks such equitable relief, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
  21. Severability.
    1. With the exception of the class action waiver in Section 20(d), which is essential to the agreement to arbitrate, if any provision of these Terms is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Terms, and the remaining provisions of these Terms shall remain in effect.
    2. If the class action waiver in Section 20(d) is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, then the entirety of the dispute resolution procedures specified in Section 20 of these Terms shall be void and of no force and effect.
  22. Reservation of Rights.  Any rights not expressly granted by the foregoing provisions of these Terms are reserved to Birch Gold Group.