TRIDENT GOLD CLIENT AGREEEMENT TERMS AND CONDITIONS
Welcome to tdtgold.com. We are a company located at 13894 S. Bangerter Parkway, Ste. 200, Draper, UT 84020, U.S.A. tdtgold.com and/or its affiliates provide Trident Gold (“TDT”), website features and other products and services to you when you visit or shop at tdtgold.com subject to the following account terms and conditions made between you and our company, which can be updated at any time:
- Payment: You agree to satisfy all payments for TDT. You are also responsible for any other cost imposed by any government or jurisdiction in taxing or assessments relating to your purchased TDT.
- TDT: TDT may be held in your personal wallet for future use. TDT is fractional gold and its value as a commodity is maintained with physical gold.
- Delivery: The TDT purchased will, upon your specific instruction, be transferred to your wallet within three business days of receipt and verification of funds.
- Refunds or Returns: All TDT sales are final and not subject to cancellation unless the state in which you reside provides for otherwise.
- Returns: All disputes or concerns as to TDT must be made to us immediately, as ALL SALES OF TDT ARE FINAL AND NONREFUNDABLE.
- TDT Pricing: TDT pricing is determined by the current spot price of gold. It is understood that we will charge a maximum spread of between 6-10% above the spot price of gold. We will determine our bid price, although it will never be less than four percent (4%) lower than the spot price of gold. We will retain 100% of the sale price of any TDT in the form of physical gold or a direct derivative of gold.
- Relationships: We will not be responsible for any delays, defaults or loss due to circumstances which are outside its ability to control. Our representatives are not licensed investment advisors and are not making any recommendations for TDT. You agree that no fiduciary relationship exists between us and you and that your decision to purchase TDT for spending on products or holding for future use is your decision alone.
- Buy Backs: Current regulations do not allow for tdtgold.com to guarantee that it will buy back TDT as part of the conditions for purchase. As such, tdtgold.com does not guarantee to buy back any TDT that you purchase. tdtgold.com does intend to assist you if you wish to liquidate TDT. As such, if you desire to sell TDT in the future, contact us via the tdtgold.com website for current liquidation processing and pricing. An offer to buy back is at the sole discretion of tdtgold.com.
- Warranties and Guaranties: We expressly disclaim and rebuke any other warranties of any kind, whether expressed or implied for TDT. You agree and confirm that no warranties or guarantees have been made pertaining to the value of TDT.
- Risk Disclosures and Other Important Disclaimers: We believe that TDT, because it represents physical gold you are buying from us, is a commodity. There is no legal requirement that any provider of goods and services will accept it as payment. Regulatory developments and technology advances could impact TDT use, availability and pricing. We do not mine TDT or operate as an exchange. We are not in the money services business or engaged in Initial Coin Offering activities. You are responsible for implementing reasonable measures for securing your wallet where you want to hold your TDT, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to TDT. tdtgold.com is not responsible for any such losses.
- Dispute Resolution Policy All disputes which may arise regarding TDT shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (“AAA”). Customer and tdtgold.com will bear its own costs and attorneys’ fees incurred in connection with the AAA arbitration proceeding. All of the parties understand and agree that they are waiving the right to a jury trial before a judge. Neither you nor tdtgold.com shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (the “FAA”), and, to the extent any provision of the FAA is inapplicable, the laws of the State of Utah.
- Jurisdiction and Venue: Jurisdiction and venue for any dispute, claim, or controversy arising out of or relating to these terms and conditions or the breach, termination, enforcement, interpretation validity thereof, or any other interaction between us and you shall be in Salt Lake City, Utah and any party making a claim against tdtgold.com in whatever form hereby submits to personal jurisdiction in that forum for any and all purposes.
- Purchase of TDT: You understand that you are purchasing TDT to hold or use in the future for products and services offered by a vendor that may decide to accept TDT as value. It is understood that this is a purchase of TDT from us, not any other product or service. IN NO EVENT SHALL tdtgold.com OR ITS AFFILIATED COMPANIES HAVE ANY OBLIGATION OR LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED OR ARISING FROM OR RELATED TO ANY PRODUCTS AND SERVICES PURCHASED FROM VENDOR WITH TDT. YOU AGREE TO HANDLE ANY ISSUE REGARDING PRODUCT PURCHASES WITH THE VENDOR WHO HAS ACCEPTED TDT AS PAYMENT. YOU UNDERSTAND THAT SINCE WE ARE NOT RESPONSIBLE FOR ANY ISSUE WITH PRODUCTS YOU CHOOSE TO TRANSFER TDT TO THE VENDOR FOR, IF YOU DISPUTE THE TDT PURCHASE CHARGE, YOU WOULD BE COMMITTING FRAUD ON THE CREDIT CARD COMPANY AND WE WILL TAKE WHATEVER LEGAL STEPS ARE NECESSARY TO PROTECT OUR COMPANY. YOU AGREE THAT YOU WOULD BE 100% LIABLE FOR ALL ATTORNEY FEES AND COURT COSTS THAT WE INCUR FROM YOUR FRAUDULENT ACTION OF DISPUTING THE CHARGE.
- Your Consent to Setting Up and Account and Notice: You agree that we have the right to send you certain information in connection with your TDT purchase and your account. You understand that to purchase TDT you created a TDT account. We may send you information pertaining to your purchase and your account in electronic form to the e-mail address you specified. You may have the right to withdraw this consent, and you may, upon notice to us, cancel your account if you do not intend to buy or hold TDT.
- Usage By Minors: Our websites are not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we can’t prohibit minors from accessing our sites, we must rely on parents and those responsible for supervising minors to decide what is appropriate for minors to view and/or purchase. By creating an account with us and providing information to us, you represent to us that you are legally permitted to enter into this purchase and contract.
- Entire Agreement: This Agreement sets forth the entire agreement between tdtgold.com and you and supersedes all prior negotiations, understandings and agreements between the parties and shall be considered the final and exclusive contract between the parties. No amendment or modification, oral or otherwise written, of this Agreement shall be made.