Gold.com’s Terms of Service

LAST MODIFIED DATE: December 2, 2025

Overview

1. Intellectual Property
2. Restrictions on Use of Services
3. Suspension and Termination
4. Consent to Electronic Communications
5. Anti-Fraud, Compliance & Export Controls
6. Digital Millennium Copyright Act (DMCA) Complaints
7. Third Party Links & Content
8. No Legal, Tax, Financial or Investment Advice
9. Disclaimer of Warranties and Limitation of Liability
10. Indemnity
11. Arbitration Agreement, Class Action Waiver, and Waiver of Jury Trial
12. Privacy
13. California Transparency in Supply Chains Act Disclosure
14. Miscellaneous
15. Entire Agreement
16. Contact Us

Overview

Gold.com, Inc. (“Gold.com,” “we,” “us,” or “our”) provides access to a variety of online services and content through our websites and other digital platforms (collectively, the “Services”). These Services may include, without limitation, market and spot-price information (including data provided by third-party providers), company and historical information about Gold.com and its subsidiary and affiliated entities, educational materials, news and current events, job postings, and other resources, tools, or features we may make available from time to time. By accessing or using the Services, you agree to comply with these Terms of Service (the “Terms of Service”) and any additional terms or policies referenced within the Services.

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 11, 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 11.

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 OR PROVIDE US WITH ANY PERSONAL DATA. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THESE TERMS OF SERVICE 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.

1. 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 Gold.com, 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 of Service 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 permission. 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.
• Systematically 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 prior 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 of Service, 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 of Service is a breach of these Terms of Service 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 of Service.

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 Gold.com 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.

2. Restrictions on Use of Services

You will not use the 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) 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 of Service. We reserve the right to take legal action against any party that violates this Section.

3. 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 of Service or the Global Privacy Policy.

4.  Consent to Electronic Communications

When you use the Services, send an e‑mail 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.

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 Global Privacy Policy.

5. Anti-Fraud, Compliance & Export Controls

You agree that you will not use the Services in any manner that violates, circumvents, or attempts to circumvent any applicable laws relating to fraud, money laundering, corruption, terrorist financing, or unlawful export activity. This includes compliance with all applicable Anti-Money-Laundering (“AML”) requirements, under which we maintain a legally mandated AML program and may file Suspicious Activity Reports (“SARs”) when appropriate, as well as compliance with all U.S. export-control and embargo laws.

When interacting with the Services, you represent and warrant that you are not located in, a resident or national of, or otherwise associated with any jurisdiction or party that is subject to U.S. government embargoes, sanctions, or export restrictions, and that you are not listed on any U.S. government list of prohibited or restricted end users. You further agree not to take any action through the Services that would cause or facilitate a violation of any AML, anti-corruption, counter-terrorist-financing, export-control, or other anti-fraud laws or regulations.

6. 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 [email protected] or by mail to Gold.com, Inc., 1550 Scenic Ave., Suite 150, Costa Mesa, CA 92626, Attn: Legal Department.

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; and
• 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 of Service, or for no reason.

7. Third Party Links & Content

The Services may contain links to third-party websites, applications, or services that Gold.com 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.

Certain components of the Services may be provided by third parties or may otherwise be outside of our direct control; in such cases, we are not responsible for the content, accuracy, delays, interruptions, or errors in those third-party offerings, provided that we have exercised reasonable care and diligence in selecting such providers.

Where the Content of our Services consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. No information service provider, third party, or us give any warranties as to the accuracy, adequacy, quality or fitness, timeliness, non-infringement, or title of any information for a particular purpose or use, and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any Content. You are responsible for validating the integrity of any information received over the Internet.

8. No Legal, Tax, Financial or Investment Advice

The Services and Content are not intended to and do not constitute legal or tax advice. Please seek the advice of professionals as necessary regarding the evaluation of any Content on these Services.  The information provided on these Services is not intended as an offer or solicitation for the purchase of any stock, or other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.

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 Gold.com. You, and not Gold.com, are responsible for such risk, including, without limitation, market volatility and the inability to liquidate products at an acceptable price, at any particular time, 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.

9. Disclaimer of Warranties and Limitation of Liability

GOLD.COM PROVIDES THE SERVICES ON AN “AS-IS” BASIS. WE DO 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 YOU USE, OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE.

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. WE RESERVE THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GOLD.COM 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.

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, PLEASE IMMEDIATELY NOTIFY US IN ACCORDANCE WITH THE “CONTACT US” SECTION.

To the fullest extent permitted by applicable law, Gold.com and its affiliates shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or relating to your access to or use of the services or any content available through it. Our total aggregate liability for any claim arising out of or relating to the services or its contents shall not exceed one hundred dollars ($100). Certain jurisdictions do not allow limitations on implied warranties or limitations of liability for certain damages; in such jurisdictions, some of the foregoing limitations may not apply to you.

10. Indemnity

To the fullest extent permitted under applicable law, you hereby agree to defend, indemnify and hold harmless Gold.com 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, its Contents, or any materials (including third-party materials), products or services available through the Services, or (b) any violation or alleged violation by you of any provision of these Terms of Service. 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.

11. 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 GOLD.COM 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 GOLD.COM (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 of Service or our Services or Content, 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 the Sections of these Terms of Service concerning Intellectual Property and Restrictions on Use of Services.

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 Gold.com agree that any Claim is personal to you and Gold.com 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 14.

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) BY EMAILING [email protected]. 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 14.

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 [email protected]. 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 Gold.com, 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 [email protected] or by certified mail addressed to 1550 Scenic Ave., Suite 150, Costa Mesa, CA, 92626, Attn: Legal Department. 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 address we have on file for you. 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 of Service 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 of Service, 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 JAMS 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 Gold.com. 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 14. 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 Gold.com, Gold.com 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 California and the United States sitting in Orange or Los Angeles County, California have exclusive jurisdiction over enforcement of an arbitration award. The location of the arbitration will be (a) in Orange or Los Angeles County, California 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 of Service; (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 Gold.com.

12. Privacy

Use of the Services is subject to the terms of our Privacy Policy. In the event of a conflict between any provision of these Terms of Service and our Privacy Policy, the provisions of our Privacy Policy shall prevail and control.

13. California Transparency in Supply Chains Act Disclosure

In accordance with the requirements of the California Transparency in Supply Chains Act of 2010, Gold.com 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, or our Legal Department. 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, we encourage you to contact us. 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.

14. Miscellaneous

Telephone Recording. You understand and expressly consent that we may monitor and record telephone calls and conversations between you and us for any lawful purpose.

Force Majeure. Gold.com 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 Gold.com reside or conduct business and whether or not such war involves the jurisdictions where these Terms of Service 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 of Service shall be governed by and construed in accordance with the laws of the State of California, 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 1, or Section 2 of these Terms of Service, 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 Orange or Los Angeles County, State of California, as applicable. You hereby waive any challenge to personal jurisdiction or venue in Orange or Los Angeles County, California (including, without limitation, a challenge based on inconvenience) and agree to the jurisdiction and venue of the courts of the State of California 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 of Service within one year and one day of when the alleged breach occurred.

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

Third-Party Beneficiaries or Assignment. These Terms of Service 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 of Service without restriction. These Terms of Service shall be binding upon and inure to the benefit of your and Gold.com’s successors and assigns.

Modification. We reserve the right to modify these Terms of Service or any of our Services at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Service 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 of Service will display the new revision date. You should regularly review these Terms of Service to ensure that you are aware of, understand, and accept any changes made. You are responsible for being familiar with the Terms of Service, as they may be revised from time to time. Your continued use of the Services following the posting of changes to these Terms of Service will indicate your acceptance of those changes. In addition, any amendments to the Terms of Service shall only apply prospectively and shall not apply retroactively.

Survival. Any provision herein that contemplates performance or observance subsequent to any expiration or termination of the Terms of Service, 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 of Service and continue in full force and effect.

Severability. The invalidity or unenforceability of any provision of these Terms of Service 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 of Service 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.

15. Entire Agreement

These Terms of Service set forth all of the covenants, promises, agreements, conditions, and understandings between you and Gold.com concerning your use of the Services, 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.

16. Contact Us

Please direct any legal questions regarding these Terms of Service to the following:

Email address:      [email protected]