Terms & Conditions
Bigfoot Bullion Terms of Service
The following document outlines the terms of use of the Bigfoot Bullion website.
Please also review our Privacy Policy.
Before using any Bigfoot Bullion services, you must read, understand and agree to these terms.
The web pages accessible at bigfootbullion.com and linked pages (collectively or in-part “Bigfoot Bullion” or the “Site”) are accessed (the “Services”) by the entity or person agreeing to these terms (“you” or the “Member”) under the Terms of Use described below (this “Agreement”).
Your agreement is with Classic Kid Coins and Collectibles, LLC dba Bigfoot Bullion, Bigfoot Coins & Bullion ("Bigfoot Bullion "), the developers and owners of the Site. In this Agreement, the terms “we” or “us” refers to Bigfoot Bullion.
Please read these terms carefully before using the Site or the Services. By accessing the site, viewing any content, or using any services available on the Site (as each is defined below) you are agreeing to be bound by these terms and these terms are effective when you use the Site, receive or distribute Products, (the “Effective Date”).
Other documents referenced here may also bind your use of the Services, such as the Privacy Policy.
Agreement
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
General
The Bigfoot Bullion website and mobile application (collectively, the “Service”) may include or make available certain content (the “Content”). Content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, currency markets, and other subjects; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation, bill payment and account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Bigfoot Bullion, and Marks owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Warranty Disclaimer
THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BIGFOOT BULLION DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER BIGFOOT BULLION NOR THE THIRD-PARTY PROVIDERS EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE ANY THIRD PART CONTENT. THIRD PARTY CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
THE CONTENT IS NOT INTEDND TO PROVIDE FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE OF RECOMMENDATIONS, UNLESS SPECFICIALLY INDETIFIED AS AN INDIVIDUALIZED RECOMMENDATION IN WRITING. YOU ARE SOLEY RESPONSIBLE FOR DETERMINING WHETHER AND SELF-DIRECTED INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPOROATE FOR YOU BASD ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFFESIONAL REGARDING YOUR SPECIFIC SITUTATION.
Limitation of Liability
YOU USE THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES AT YOUR OWN RISK.
BIGFOOT BULLION AND THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGFOOT BULLION OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE
USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
Indemnification
YOU WILL INDEMNIFY BIGFOOT BULLION AND THE THIRD PARTY PROVIDERS, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR ACCESS AND/OR USE OF, OR INTERACTION WITH THE CONTENT (INCLUDING, WITHOUT LIMITATION, THIRD PARTY CONTENT), OR ANY ACT, ERROR, OMISSION OF YOUR USE OF YOU ACCOUNT OR ANY USER OF YOUR ACCOUNT, IN CONNECTION THERWITH, INCLUDING, BUT NOT LIMITED TO, MATTERS RELATING TO INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION; LIBEL; INVASION OF PRIVACY; INFRINGEMNET OF A COPYRIGHT, TRADE NAME, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY; ANY DEFECTIVE PRODUCT OR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSE BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED THROUGH OR IN CONNECTION WITH THE SERVICE; OR VIOLATION OF ANY APPLICABLE LAW.
Eligibility
By registering as a member and creating an account, you represent and warrant to us that you are an individual who can legally assent to this Agreement who is at least 18 years old and of the age of majority in the jurisdiction from which you accessed the Site.
Account, User Name, and Password
You must select a unique username for your account. You must not use a username that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. In our sole discretion, we may modify user names as we see fit.
You must keep both your account and password secure and confidential.
You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
All information you provide to us must be true, complete, and current, and you must update this information as necessary to keep it true, complete, and current.
Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Payment
Portions of the Site are free to use. However, if you wish to use any paid feature available on the Site, or make purchases via the Site, you agree to pay Bigfoot Bullion the prices posted on the Site for those features and/or products plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Bigfoot Bullion may change the fees from time-to-time.
Payment Options
You may pay Bigfoot Bullion through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If the Site allows you to pay directly via credit card, then you authorize Bigfoot Bullion to charge all amounts to the credit card number you provide to Bigfoot Bullion. You represent and warrant to Bigfoot Bullion that each credit card you use for payment to Bigfoot Bullion either belongs to you, and you have the right to charge all such payments on the credit card(s).
Currency Conversion
Bigfoot Bullion may calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you reside. If your account has a balance, it will be denominated and redeemable only in United States dollars. Bigfoot Bullion cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before redeeming your account.
Content Disclaimer
Bigfoot Bullion does not endorse any of the content on the Site. Bigfoot Bullion will not be responsible or liable for content that is generated by the Site users.
Rules
Whenever you access, use or otherwise interact with the Services, you must comply with all:
Privacy
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
Privacy and Communications Consent
We and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You will find more information, including the purposes for which we and our representatives may use your personal information, in our Privacy Policy, which is currently available at www.bigfootbullion.com/privacy
We may use aggregate, non-identifiable information about the Site members for promotional and advertising purposes. We will not sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law or our Privacy Policy.
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
Monitoring and Disclosure
Bigfoot Bullion cannot monitor all content on the Site and does not normally monitor your use of the Services; however, Bigfoot Bullion and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit, or reclassify any part of your account that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content from your account, notwithstanding our Privacy Policy. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services.
Use of the Services
You shall not:
Anti-Money Laundering (AML) Policy
It is the policy of the Bigfoot Bullion to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with all applicable requirements under the Bank Secrecy Act (BSA) and its implementing regulations. Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable BSA regulations and FINRA rules and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business. By accessing the Site, creating an account, and/or using any of our Services, you are agreeing to be subject to any and all of our AML policies, procedures, and internal controls as required by law.
Remedies
In addition to any other available remedies, upon breach of any of your obligations under this Agreement Bigfoot Bullion may suspend or terminate the Services and your Site account.
Advertising
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third-party advertiser or brand that may be promoted on or linked to the Site.
Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Bigfoot Bullion will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Interruptions/Errors
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
Site Modifications
From time to time, Bigfoot Bullion may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive.” We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Termination
Termination
Without prejudice to any of our rights at law or equity, if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Bigfoot Bullion may in its sole discretion also terminate or suspend your Bigfoot Bullion account from some or all of the Services at any time without prior notice.
User Account Termination
You may terminate your Site account at any time. Termination of your account is your only available remedy with respect to any dispute with the Site or Services, including disputes relating to
Effect of Termination
Upon termination of your account or this agreement:
Contests
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
Links to Third Party websites
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Bigfoot Bullion. All links are provided for your convenience only; they are not an endorsement or referral by us.
Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
Modifications to this Agreement
From time to time in our sole discretion Bigfoot Bullion may modify the terms of this Agreement at any time by posting the modifications on the Site. You agree to be bound by any and all modifications, changes, and/or revisions to this Agreement. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Website. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon your continued use of the Services.
Governing Law and Jury Trial Waiver
This Agreement and any claim, controversy, dispute, or cause of action (whether in contract, tort, or otherwise) based upon, arising out of, or relating to this agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the United States and the State of Colorado, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). You and Bigfoot Bullion agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Parties also agree that the venue of any action arising out of any provisions of this Agreement, or any document in connection with this Agreement, notwithstanding Article III Section f, shall be in Boulder, Colorado. The address for written notices or receipt of service for Bigfoot Bullion is 1942 Broadway St, STE 314C, Boulder, CO, 80302 USA
Arbitration
Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under JAMS Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) or of the International Center for Dispute Resolution ("ICDR") in effect on the date of the commencement of the arbitration (the applicable rules to be at Bigfoot Bullion’s discretion) to be held in one of the following jurisdictions (whichever is closest to you): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Bigfoot Bullion shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Bigfoot Bullion, such action is necessary or desirable as a matter of protection of its legal rights.
Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. Bigfoot Bullion may, but is not obligated to, assist you with this. Bigfoot Bullion will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Bigfoot Bullion assists you with that dispute.
General
No delay or failure to act by Bigfoot Bullion regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Bigfoot Bullion may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will inure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Bigfoot Bullion will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement. This Agreement does not create any agency, partnership, or joint venture between the parties. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
The following document outlines the terms of use of the Bigfoot Bullion website.
Please also review our Privacy Policy.
Before using any Bigfoot Bullion services, you must read, understand and agree to these terms.
The web pages accessible at bigfootbullion.com and linked pages (collectively or in-part “Bigfoot Bullion” or the “Site”) are accessed (the “Services”) by the entity or person agreeing to these terms (“you” or the “Member”) under the Terms of Use described below (this “Agreement”).
Your agreement is with Classic Kid Coins and Collectibles, LLC dba Bigfoot Bullion, Bigfoot Coins & Bullion ("Bigfoot Bullion "), the developers and owners of the Site. In this Agreement, the terms “we” or “us” refers to Bigfoot Bullion.
Please read these terms carefully before using the Site or the Services. By accessing the site, viewing any content, or using any services available on the Site (as each is defined below) you are agreeing to be bound by these terms and these terms are effective when you use the Site, receive or distribute Products, (the “Effective Date”).
Other documents referenced here may also bind your use of the Services, such as the Privacy Policy.
Agreement
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
General
The Bigfoot Bullion website and mobile application (collectively, the “Service”) may include or make available certain content (the “Content”). Content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, currency markets, and other subjects; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation, bill payment and account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Bigfoot Bullion, and Marks owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Warranty Disclaimer
THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BIGFOOT BULLION DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER BIGFOOT BULLION NOR THE THIRD-PARTY PROVIDERS EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE ANY THIRD PART CONTENT. THIRD PARTY CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
THE CONTENT IS NOT INTEDND TO PROVIDE FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE OF RECOMMENDATIONS, UNLESS SPECFICIALLY INDETIFIED AS AN INDIVIDUALIZED RECOMMENDATION IN WRITING. YOU ARE SOLEY RESPONSIBLE FOR DETERMINING WHETHER AND SELF-DIRECTED INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPOROATE FOR YOU BASD ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFFESIONAL REGARDING YOUR SPECIFIC SITUTATION.
Limitation of Liability
YOU USE THE SITE, THE BIGFOOT BULLION GOODS, THE BIGFOOT BULLION TOOLS AND THE SERVICES AT YOUR OWN RISK.
BIGFOOT BULLION AND THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGFOOT BULLION OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE
USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
Indemnification
YOU WILL INDEMNIFY BIGFOOT BULLION AND THE THIRD PARTY PROVIDERS, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR ACCESS AND/OR USE OF, OR INTERACTION WITH THE CONTENT (INCLUDING, WITHOUT LIMITATION, THIRD PARTY CONTENT), OR ANY ACT, ERROR, OMISSION OF YOUR USE OF YOU ACCOUNT OR ANY USER OF YOUR ACCOUNT, IN CONNECTION THERWITH, INCLUDING, BUT NOT LIMITED TO, MATTERS RELATING TO INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION; LIBEL; INVASION OF PRIVACY; INFRINGEMNET OF A COPYRIGHT, TRADE NAME, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY; ANY DEFECTIVE PRODUCT OR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSE BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED THROUGH OR IN CONNECTION WITH THE SERVICE; OR VIOLATION OF ANY APPLICABLE LAW.
Eligibility
By registering as a member and creating an account, you represent and warrant to us that you are an individual who can legally assent to this Agreement who is at least 18 years old and of the age of majority in the jurisdiction from which you accessed the Site.
Account, User Name, and Password
You must select a unique username for your account. You must not use a username that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. In our sole discretion, we may modify user names as we see fit.
You must keep both your account and password secure and confidential.
You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
All information you provide to us must be true, complete, and current, and you must update this information as necessary to keep it true, complete, and current.
Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Payment
Portions of the Site are free to use. However, if you wish to use any paid feature available on the Site, or make purchases via the Site, you agree to pay Bigfoot Bullion the prices posted on the Site for those features and/or products plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Bigfoot Bullion may change the fees from time-to-time.
Payment Options
You may pay Bigfoot Bullion through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If the Site allows you to pay directly via credit card, then you authorize Bigfoot Bullion to charge all amounts to the credit card number you provide to Bigfoot Bullion. You represent and warrant to Bigfoot Bullion that each credit card you use for payment to Bigfoot Bullion either belongs to you, and you have the right to charge all such payments on the credit card(s).
Currency Conversion
Bigfoot Bullion may calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you reside. If your account has a balance, it will be denominated and redeemable only in United States dollars. Bigfoot Bullion cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before redeeming your account.
Content Disclaimer
Bigfoot Bullion does not endorse any of the content on the Site. Bigfoot Bullion will not be responsible or liable for content that is generated by the Site users.
Rules
Whenever you access, use or otherwise interact with the Services, you must comply with all:
- applicable laws;
- acceptable-use policies and other policies implemented by Bigfoot Bullion with respect to the Site or the Services from time-to-time, as posted on Bigfoot Bullion’s website; and
- other rules and policies or procedures that Bigfoot Bullion communicates to you from time-to-time.
Privacy
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.
Privacy and Communications Consent
We and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You will find more information, including the purposes for which we and our representatives may use your personal information, in our Privacy Policy, which is currently available at www.bigfootbullion.com/privacy
We may use aggregate, non-identifiable information about the Site members for promotional and advertising purposes. We will not sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law or our Privacy Policy.
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
Monitoring and Disclosure
Bigfoot Bullion cannot monitor all content on the Site and does not normally monitor your use of the Services; however, Bigfoot Bullion and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit, or reclassify any part of your account that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content from your account, notwithstanding our Privacy Policy. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services.
Use of the Services
You shall not:
- reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Bigfoot Bullion Property or the Services;
- create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may
- be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
- violate any law including intellectual property, privacy or other laws;
- impersonate any person;
- give rise to civil or other liability; or
- relate to illegal drugs, weapons, gambling or other illegal activities;
- upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
- use the Site or the Services to do or attempt to do any of the following
- send spam or other bulk messages;
- gain unauthorized access to any data, network or system;
- conduct or promote any commercial activity;
- gamble, including through the use of the Site credits;
- monitor data or traffic on any network or system;
- obtain an email address, user name or other information about a third party without their consent;
- use any misleading, false or deceptive TCP/IP header information in any email or message;
- conduct or instigate any denial of service attack against the Bigfoot Bullion website or network, any other Bigfoot Bullion website or network, or any third party’s website or network; or
- collect, aggregate, mine, scrape, or otherwise use any content uploaded to the Site for the purposes of testing, inputting, or integrating such content with AI or other algorithmic methods.
- improperly make complaints or false reports on the Site;
- artificially inflate or alter ratings, views or statistics on the Site;
- falsify any data or information available on the Site;
- sell or transfer your Site account, or allow any third party to access or use it;
- avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third-party hardware/software or services;
- interfere with the Services or any third party’s use of the Site or the Services;
- resell any of Bigfoot Bullion’s services or allow any third party to use or access the Site or the Services without Bigfoot Bullion’s prior written consent
- authorize or encourage any third party to do any of the above; or
- access or exploit the Site, the Services, and/or access, exploit, collect, aggregate, mine, scrape, or otherwise use any content except as expressly permitted by this Agreement.
Anti-Money Laundering (AML) Policy
It is the policy of the Bigfoot Bullion to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with all applicable requirements under the Bank Secrecy Act (BSA) and its implementing regulations. Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable BSA regulations and FINRA rules and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business. By accessing the Site, creating an account, and/or using any of our Services, you are agreeing to be subject to any and all of our AML policies, procedures, and internal controls as required by law.
Remedies
In addition to any other available remedies, upon breach of any of your obligations under this Agreement Bigfoot Bullion may suspend or terminate the Services and your Site account.
Advertising
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third-party advertiser or brand that may be promoted on or linked to the Site.
Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Bigfoot Bullion will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Interruptions/Errors
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
Site Modifications
From time to time, Bigfoot Bullion may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive.” We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Termination
Termination
Without prejudice to any of our rights at law or equity, if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Bigfoot Bullion may in its sole discretion also terminate or suspend your Bigfoot Bullion account from some or all of the Services at any time without prior notice.
User Account Termination
You may terminate your Site account at any time. Termination of your account is your only available remedy with respect to any dispute with the Site or Services, including disputes relating to
- this agreement or our enforcement of it;
- the Site, the Bigfoot Bullion Goods, the Bigfoot Bullion Tools or the Services; and
- the amount, type or payment of fees in connection with the Site or the Services.
Effect of Termination
Upon termination of your account or this agreement:
- you must immediately cease all use of the Site;
- you will have no further access to your account or anything associated with it;
- you will not receive any refunds for fees you paid under this Agreement;
- any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
- Bigfoot Bullion will delete your Account from the Site within 60 days after termination;
- Survival: sections I(q), and III(e),(f),(h) will survive termination.
MiscellaneousContests
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
Links to Third Party websites
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Bigfoot Bullion. All links are provided for your convenience only; they are not an endorsement or referral by us.
Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
- the link must comply with the Site’s other policies regarding content;
- the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
- the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
- the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
Modifications to this Agreement
From time to time in our sole discretion Bigfoot Bullion may modify the terms of this Agreement at any time by posting the modifications on the Site. You agree to be bound by any and all modifications, changes, and/or revisions to this Agreement. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Website. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon your continued use of the Services.
Governing Law and Jury Trial Waiver
This Agreement and any claim, controversy, dispute, or cause of action (whether in contract, tort, or otherwise) based upon, arising out of, or relating to this agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the United States and the State of Colorado, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). You and Bigfoot Bullion agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Parties also agree that the venue of any action arising out of any provisions of this Agreement, or any document in connection with this Agreement, notwithstanding Article III Section f, shall be in Boulder, Colorado. The address for written notices or receipt of service for Bigfoot Bullion is 1942 Broadway St, STE 314C, Boulder, CO, 80302 USA
Arbitration
Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under JAMS Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) or of the International Center for Dispute Resolution ("ICDR") in effect on the date of the commencement of the arbitration (the applicable rules to be at Bigfoot Bullion’s discretion) to be held in one of the following jurisdictions (whichever is closest to you): Seattle, Washington; New York, New York; Los Angeles, California; London, England; Paris, France; Frankfurt, Germany; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Bigfoot Bullion shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Bigfoot Bullion, such action is necessary or desirable as a matter of protection of its legal rights.
Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. Bigfoot Bullion may, but is not obligated to, assist you with this. Bigfoot Bullion will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Bigfoot Bullion assists you with that dispute.
General
No delay or failure to act by Bigfoot Bullion regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Bigfoot Bullion may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will inure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Bigfoot Bullion will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement. This Agreement does not create any agency, partnership, or joint venture between the parties. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. This Agreement does not confer any benefits on any third party unless it expressly states that it does.