WaM Subscription Terms And Conditions
SUBSCRIPTION AGREEMENT
1. Terms of the Subscription
Silver Accumulator (“SA”). A person becomes a Customer when a person subscribes to the Company SA program to receive a minimum of 1 silver ounce generic bullion round per month (“Active Customer”). As an Active Customer, the Customer has the right to invite others persons to become Customers of the SA or GA program. For each new Customer referred by an Active Customer, the referring Customer will be compensated with additional silver bullion rounds on the following basis:
1.1 For the first SA referral Customer, the referring Customer will receive 2 additional one ounce silver bullion rounds for each month the referral Customer maintains a current SA subscription.
1.2 For the second SA referral Customer and for each subsequent referral Customers, the Customer will receive 1 additional one ounce silver bullion round for each such SA referral Customer for each month that the referral Customer maintains a current SA subscription.
1.3 The referring Customer will receive bonus rounds so long as the referral Customer remains an Active Customer under the SA program.
Gold Accumulator (“GA”). A person becomes a Customer when a person subscribes to the Company GA program to receive a minimum of 1 gold ounce generic bullion round per month (“Active Customer”). As an Active Customer, the Customer has the right to invite others persons to become Customers of the SA or GA program. For each new Customer referred by an Active Customer, the referring Customer will be compensated with additional gold bullion rounds on the following basis:
1.4 For every 3 GA referral Customers, the referring Active Customer will receive 1 additional ounce gold bullion round for each month the 3 GA referral Customers maintain current GA subscriptions. The ounce gold bullion round payable on the following schedule: ¼ ounce for the first referral, ¼ ounce for the second referral, ½ ounce for the third referral.
1.5 The Company will ship all gold bullion to Active Customers according to the above GA referral bonus schedule. The Customer is responsible to pay all shipping and handling fees.
1.6 RA, SA and GA Referral Bonus schedules are available on the Company website.
1.7 Customer must fill out, sign and return the W-9 form prior to receiving any Referral Bonuses.
2. Goods and Services Provided by Company
The Company offers precious metals with an emphasis on silver and gold bullion rounds. Customers may select the metal and the applicable referral program for each subscription. To the extent possible the Company will provide generic gold and silver bullion rounds (Troy Ounce).
3. Subscription Purchase Price
The Subscription Price is based on the Company product acquisition price and mark up where applicable. Shipping and handling are not included in the Subscription Purchase Price.
4. Shipping
Rounds purchased directly under SA and GA programs will be shipped to all Customers once per month depending upon when the Customer subscribed and when payment was received and cleared. The payment of bonus rounds for referrals may not coincide with payments for direct program purchases. Shipping and handling will be added to the invoice and are to be paid by the Customer. Shipping and handling schedules are available on the Company website. Customer may alter their shipping preferences to include options such as shipping insurance. Customer bears all responsibility for uninsured shipments.
5. Company Referral Program
The Company pays Active Customers recurring monthly referral bonuses for referring Customers so long as both the referring Customer and the referral Customer are Active under an SA or GA program.
6. Referral Bonus Programs
The details of the various referral bonus programs are set forth in detail in the Company website.
7. Payment.
Payment processing fees will be added to the invoice and are to be paid by the Customer. Method of payment options are subject to change. Please refer to the website for up to date changes.
8. Cancellation/Termination of Subscription
The Company reserves the right to refuse or cancel service to any person for any reason. Upon cancellation the Company’s sole responsibility will be to complete shipment of any pending order or auto shipment that has been fully paid. A Customer may cancel at anytime for any reason Cancellation by a Customer is effective upon receipt of notice by the Company and the payment in full for all outstanding and unpaid orders or auto shipments.
9. Limitations
9.1 All sales are final. No refunds or returns.
9.2 THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN AND THE COMPANY WEBSITE.
9.3 BY SUBSCRIBING AND/OR ACCEPTING DELIVERY OF THE PRODUCTS IDENTIFIED ON THE INVOICE OR OTHER COMPANY DOCUMENTATION CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
9.4 ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN THE COMPANY AND A CUSTOMER.
9.5 These terms and conditions constitute a binding contract between the Customer and the Company. The Customer accepts these terms and conditions by making a purchase from or placing an order with the Company.
9.6 These terms and conditions are subject to change without prior notice, except that the terms and conditions posted on the Company website at the time Customer places an order will, unless otherwise agreed in writing by the Company and the Customer, govern the order in question,.
9.7 The Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting the Company. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
9.8 THESE TERMS AND CONDITIONS, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN ADA COUNTY, IDAHO, AND THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. THE CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
9.9 The Customer understands that the Company does not produce the products purchased by the Customer hereunder and the only warranties offered are those of the producer, not the Company. In purchasing the products, the Customer is relying on the producer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by the Company.
9.10 THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL THE COMPANY BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST THE CUSTOMER BY ANY THIRD PARTY; OR (C) ANY UNAVAILABILITY OF THE PRODUCT. IN THE EVENT OF ANY LIABILITY INCURRED BYTHE COMPANY, THE ENTIRE LIABILITY OF COMPANY FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
9.11 The Company will not be responsible for and no liability shall result to the Company for any delays in delivery or in performance which result from any circumstances beyond Company’s reasonable control, including, but not limited to, product unavailability, carrier delays, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency.
9.12 The terms of the subscription agreement include the rules and regulations and the Company plans set out on this website. The Customer should review the website information fully prior to entering into this subscription agreement. This Agreement incorporates by reference the terms and conditions of all Company rules and regulations set forth on the Company website.
9.13 This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.