MyBullionTracker Terms and Conditions of Use
This End User License Agreement ("Agreement") regarding the Terms and Conditions of Use for the MyBullionTracker application ("Application") is made between You, the individual, corporation, partnership, limited liability company, trust, or other entity executing this Agreement ("User," "You," "Your," or "Yours"), and Northwest Territorial Mint, LLC ("Company"), a Washington limited liability company.
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Changes in Terms. Company reserves the right, in its sole discretion, to change, modify, or otherwise alter the terms of this Agreement effective upon posting of the modified terms on Company's website — http://bullion.nwtmint.com/mybulliontracker_eula.php. Please review the terms periodically.
2. License and Application Access and Use. Company grants You a limited license to access, download and make personal use of the Application. The license to use the Application does not include any resale or commercial use of the Application or its contents; or any derivative use of this Application or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Application for any commercial purpose. By using the Application, you warrant to Company that you will not use the Application, or any of the content obtained from the Application, for any purpose that is unlawful or prohibited by this Agreement. Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Application. If you violate any of these Terms and Conditions, Your permission to use the Application automatically terminates.
3. Quote Delay. You acknowledge and agree that the bullion price quotes which are accessed by the Application may be delayed, as may be required by exchanges and information providers. You acknowledge and agree that You bear responsibility for your own investment research and investment decisions, and that Company shall not be liable for any decision made or action taken by You or others based upon reliance on information or materials obtained through use of the Application. Prior to the execution of a bullion or futures trade, You should always consult with Your broker or other financial representative to verify bullion pricing information. Bullion quotes and certain other information on the Application, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon as investment advice. Before executing any transaction based on information from this Application, You should consult with a financial professional to determine whether such transaction is appropriate for You based on Your individual investment needs and to verify pricing information. Neither Company nor any of its data or content providers guarantees the accuracy, completeness, or timeliness of information on this Application, and they shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.
4. Disclaimer of Warranties. Your use of the Application, including any software and content contained therein, is entirely at Your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE APPLICATION AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE APPLICATION, REGARDLESS OF WHO ORIGINATES THAT CONTENT. COMPANY DOES NOT WARRANT THAT THE APPLICATION IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. COMPANY IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT ON OR LINKED FROM THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. COMPANY WOULD NOT BE ABLE TO HAVE PROVIDED THE APPLICATION WITHOUT SUCH LIMITATIONS.
6. Termination. Company reserves the right, in its sole discretion, at any time and from time-to-time to change, modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without written or oral notice. Company shall not be liable to You or other third-party for any such modification, suspension or discontinuance except as expressly provided herein.
7. License Granted. Company gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Application provided to You by Company. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Application as provided by Company, in the manner permitted by this Agreement.
8. Modification. You shall not (and You shall not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by law, without the specific written consent of Company. You shall not assign (or grant a sub-license of) Your rights to use the Application, grant a security interest in or over Your rights to use the Application, or otherwise transfer any part of Your rights to use the Application.
9. Indemnification and Attorney Fees. The User shall indemnify and hold Company harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney fees, which arise from any claim by any third-party of an alleged infringement of copyright or any other property right arising out of the use of the Application by the User in accordance with the terms of this Agreement. If either party brings judicial or other action against the other party to enforce the terms of this Agreement, the prevailing party shall be entitled to collect court costs, expenses, fees, reasonable attorney fees, and other relevant costs associated with such action from the other party. This Section 9 shall survive the termination of this agreement.
10. Construction, Binding Effect, and Assignment. This Agreement shall be construed and interpreted according to the laws of the State of Washington and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the User and to the Company shall include their heirs, successors, assigns, and personal representatives. Captions and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall not be used in construing it. Wherever the singular is used in this Agreement and when required by context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
12. Amendment and Severability. No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Company. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any relevant jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13. Waiver of Contractual Right. Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
14. Assent to Click-Through License Terms. In lieu of execution by physical signature by both parties, User agrees to execute this Agreement (commonly referred to as a "click-through" agreement) and be bound by the terms thereof, as if it were executed by his or her physical signature, by clicking the button titled "Install." Company hereby executes this Agreement without need of a signature. If User makes use of the Application without assenting to this Agreement, User's download, installation, or use of the Application will evidence and act as his or her continuing assent to this Agreement, and he or she will be bound to the terms of this Agreement as if he or she had executed by means of the "click-through agreement."
