Terms and Conditions
Effective Date: May 24, 2016
Last Updated: May 24, 2016
Metallix Refining, Inc. and Metallix Direct Gold, LLC (collectively, “Metallix” or the “Company” or “we” or “us”) appreciates your interest in the websites at www.metallix.com, www.metallixrefining.com, and www.metallixdirectgold.com, and associated subdomains (the “Site”). The Site is comprised of various web pages and is offered to you conditioned on your acceptance without modification of the terms, conditions, and disclaimers contained herein (the “Terms”).
The Terms are a legal contract between you and the Company regarding your use of the Site. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS.
The Site’s information (the “Information”), Materials (as defined below), and Services (which shall include, as defined below, the “Metal Price Charts,” “Social Media,” and “Content”) are provided on or through the Site is for general, informational, and non-commercial purposes only. They are not, and not intended to, constitute professional, financial, and/or legal advice. They may have errors and may not be up-to-date. You may not rely on them unless otherwise noted. Nothing on the Site shall be viewed as a guaranty of future results. Accessing or using this Site, or any feature or Service of the Site, or any transmission to or receipt by the Company of any communications or transmissions does not create a customer relationship between you and the Company, and it is not intended to do so, unless you and the Company enter into a formal contract.
2. YOU’RE IN CONTROL POLICY
Our “You’re In Control Policy,” and any transactions processed under such policy are governed by our “Direct Gold Terms & Conditions,” and not by these Terms. Our Direct Gold Terms & Conditions are available at the following link: http://directgold.metallixrefining.com/ .
3. METAL PRICE CHARTS
We may provide prices for gold and other metals (“Metal Price Charts”) on the Site. Metal Price Charts are provided on or through the Site are for general, informational, and non-commercial purposes only. You agree and acknowledge that Metal Price Charts may have errors and may not be up-to-date, and you shall not rely on Metal Price Charts to be accurate or up-to-date.
4. EMPLOYMENT APPLICATIONS
Submission/collection of your resume, cover letter, or other employment application materials (“Application Information”) does not constitute an offer or promise of employment. Any employment offer that may follow as a result of the identification of a potential opportunity by a user, or submission of information to the Company is in accordance with the specific terms of an offer. Application Information may be held by the Company, can be transferred within the Company, and can be shared with our affiliated entities and subsidiaries to the extent necessary for employment consideration purposes. Access to your information that we hold may be given to individuals including, for example, hiring managers and other individuals involved in recruiting. If you accept employment with the Company, any Application Information submitted/collected will, to the extent relevant, become part of your employment record and will be used for employment purposes and for other employment/work-related purposes.
5. SOCIAL MEDIA & SUBMITTED MATERIAL
By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.
By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Services, or Social Media, or our goods or services, in any media, without any compensation or advance notice to you. We reserve the right, but do not have an obligation, to monitor and review all materials posted by you to the Site, Services, or Social Media. We are not responsible for the content of any materials posted by users. Please govern your use of that content accordingly.
We reserve the right to edit, refuse to post or to remove any content you post for any reason, at any time and without advance notice to you. Our reasons for edit, removing or refusing to post content include, that such content is objectionable to us in our sole discretion, that it violates these Terms, or that it violates any applicable law, ordinance or regulation. We may also limit your access to all or certain portions of the Site, Services, or Social Media without notice to you for any reason.
Testimonials appearing on this Site are received via email submission, regular mail or interviews. They are individual experiences, reflecting real life experiences of those who have used Company products and/or services. However, they are individual results and results vary. The Company does not guaranty that they are typical results that customers will achieve. The testimonials are not necessarily representative of all of those who will use Company products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony provider is displayed. The Company is not responsible for any of the opinions or comments posted to our Site or Social Media. The Company is not a forum for testimonials; however, the Site provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of the Company. The Company does not adopt the opinions, views or commentary of any testimonials on this site, and they are strictly the views of the testimony provider.
Through the Site, you may download certain content, including but not limited to software, electronic books, and newsletters (individually or collectively referred to as the “Content”).
DOWNLOADING CONTENT IS ENTIRELY VOLUNTARY. BY DOWNLOADING CONTENT, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS.
You agree and acknowledge that your use of the Content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once Content is downloaded, it is your responsibility not to lose, destroy, or damage the Content, and the Company shall be without liability to you in the event of any loss, destruction, or damage.
You agree and acknowledge that the Content may contain security technology that limits your usage of Content. You are entitled to download, export, burn, or copy Content solely for non-commercial personal use in accordance with these Terms. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any of the Content. No right, title, or interest in any downloaded Content is transferred to you as a result of any downloading or copying or otherwise. All rights in the Content are owned by the Company or its licensors and you only have the right to use the Content for personal use in accordance with the Terms.
You agree and acknowledge that e-mail and the Internet are not secure methods of transmitting information. The Company does not guarantee or warrant the confidentiality or security of any communications or information sent through email, the Site, any Services, Social Media, or left in voicemail messages on our telephones. You should not send any confidential, proprietary or other information to us unless otherwise agreed to by the Company. Unsolicited information and material may not be treated as confidential and will not be protected by any confidentiality.
10. INTELLECTUAL PROPERTY RIGHTS
© 2016 Metallix, Inc. All rights reserved.
The Site is owned and operated by the Company. The Content, visual interfaces, trademarks, logos, service marks, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by the Company (the “Materials”) are protected by United States copyright, trade dress, patent, and/or trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All Materials contained on the Site are the property of the Company. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors.
Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Materials displayed on the Site without the written permission of the Company. Your use of any of the Materials displayed on the Site is strictly prohibited, except that you are authorized to view one copy of the Material for your personal, non-commercial use only, subject to the following provisions: (a) the copyright, trademark, and other proprietary notices are kept intact; and (b) the information is not altered in any way. Any other use of the Materials is strictly prohibited. The Company reserves all rights to the Materials not expressly granted in the Terms.
By accessing and/or using the Site, Services, or Social Media, you shall not:
- (a) use, copy, sell, post, display, print, publish, reproduce, distribute, transmit, modify, perform, broadcast, re-broadcast, translate, sell, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site, Information, Materials, Content, or Social Media, or any part thereof, except as expressly permitted by these Terms for your own personal, non-commercial, non-promotional use;
- (b) use the Site, Information, Materials, Content, or Social Media in a manner that: (i) violates any law, statute, ordinance, or regulation; (ii) violates, exploits, or harms, or attempts to violate, exploit, or harm, the legal rights (including the patent, trademark, copyright, privacy, or publicity rights) of any person or third party; (iii) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (iv) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or third party; (v) defames, abuses, threatens, stalks, harasses, intimidates, or harms any person or third party; (vi) tracks any person or third party without their explicit consent; or (vii) could give rise to any civil or criminal liability under any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;
- (c) edit, remove, delete, alter, change or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, Information, Materials, Content, or Social Media, including any copy thereof;
- (d) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site, Information, Materials, Content, or Social Media.
- (g) damage, disable, or overburden the Company’s servers or network; impair the or interfere with any other party’s use of the Site, Information, Materials, Content, or Social Media; hack, mine passwords, transmit malware or spam, or use means to gain unauthorized access to the Site, the Company’s networks, or Services.
The Company will cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone violating these restrictions.
12. MODIFICATIONS AND INTERRUPTIONS
The Company makes no representation or warranty that the Site, Information, Materials, Services, Content, or Social Media will be available at all times. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site, Information, Materials, Services, or Social Media, and the Site, Information, Materials, Services, and Social Media may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The Company reserves the right to limit, suspend, modify, or discontinue the Site, Information, Materials, Services, Content, or Social Media with or without notice to you, and you agree that the Company shall not be liable to you or any third party should the Company exercise its right to limit, suspend, modify, or discontinue the Site, Information, Materials, Services, or Social Media.
13. NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES
THE SITE, INFORMATION, MATERIALS, SERVICES, AND SOCIAL MEDIA ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, INFORMATION, MATERIALS, SERVICES, CONTENT, AND SOCIAL MEDIA, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE, INFORMATION, MATERIALS, SERVICES, OR SOCIAL MEDIA WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR CURRENT, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE COMPLETELY SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, INCLUDING, WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THAT ARE PROVIDED BY THIRD PARTIES.
Your decision to access the Site, or use the Information, Materials, Services, Content, or Social Media, any other websites or internet services accessible from the Site is at your own risk.
You acknowledge and agree that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from access of the Site, or use of the Information, Materials, Services, Content, or Social Media.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY AND DAMAGES AND, AS A RESULT, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. If any part of these warranty disclaimers is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed one hundred dollars ($100).
You agree to indemnify, defend and hold harmless the Company and its members officers, directors, employees, agents, affiliates, successors and assigns from and against any and all damages, losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Site, Information, Materials, Services, Content, or Social Media; (b) your breach of these Terms; or (c) a violation by you of any applicable law or regulation, or agreement or obligation to a third party.
15. LIMITATION OF LIABILITY AND LIMITATION ON DAMAGES
IN NO EVENT, AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS OWNERS OR MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF FIFTY DOLLARS ($50), INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR DAMAGES RESULTING FROM PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA, LOSS OF GOODWILL, LOST OPPORTUNITIES, COSTS OF COVER, COMPUTER FAILURE, MALFUNCTION, OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, OR INABILITY TO USE, OF THIS SITE, INFORMATION, MATERIALS, SERVICES, SOCIAL MEDIA, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT CONTAINED ON THIS OR ANY SUCH WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. If any part of these limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed one hundred dollars ($100).
16. THIRD PARTY SITES
The Site may contain links to other websites, products, or services solely as a convenience to you (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for, and does not endorse, the contents, information, materials, products, or services contained on or accessible through any Linked Site. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
17. INTERNATIONAL USERS
The Site is controlled, operated and administered by the Company from our office within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
18. CHANGES TO THESE TERMS
The Terms may not be otherwise amended except in a writing hand signed by you and the Company. For purposes of this section, “writing” does not include an e-mail message and a signature does not include an electronic signature. The most current version of the Terms will supersede all previous versions. Please check the Terms periodically for changes.
Any dispute arising under the Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. If at any point you do not agree to any portion of the then-current version of the Terms, you must immediately stop using the Site and/or Service. The Company reserves the right to terminate these Terms and your access to the Site, Service, the Information and/or the Materials at any time, for any or no reason and in its sole and absolute discretion.
These Terms are governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflicts of law principles, and the laws of the United States of America.
You acknowledge and agree that you waive the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.
You acknowledge and agree that any claim or cause of action arising out of or related to these Terms, your use of this Site, Service, or the Information must be filed within one (1) year after such claim or cause of action arose or forever be barred.
If any provision of these Terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to your access to the Site and use of the Service, and supersedes any prior agreement or understanding you have with the Company regarding the Site and the Service.
The Company welcomes your questions or comments regarding the Terms. Please contact us at the following email, Daniellel@metallix.com, or at the following address:
c/o Danielle Leiner
59 Avenue at the Common, Suite 201
Shrewsbury, NJ 07702