TERMS AND CONDITIONS

The nygoldco.com website and its associated services and content (collectively “Website”) is owned and operated by The New York Gold Co. Inc. (“NY Gold Co,” “our,” “we” or “us”).  By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms of Use Agreement (is “Agreement”).  This Agreement is made by and between NY Gold Co and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”).  This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from NY Gold Co, making sales to NY Gold Co, and placing orders with NY Gold Co.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE.  BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. NY GOLD CO STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME.  YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU.  YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

By purchasing from, making sales to or ordering from NY Gold Co, whether by telephone, through the Website or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Because this Agreement contains legal obligations, please read them carefully.

  1. Account Registration; Order Policies and Procedures; Fraud.

Account registration and use of the Website is free.  You may search, view, purchase, and sell products from this Website as a guest, without registering for an account.  If you choose to register an account and create a User Profile, complete the required information.  When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications.  You can opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code.  We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.  In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website.  NY Gold Co reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not to reveal your password to others.  You agree that you alone are responsible for your account and all associated User Profiles.  You accept full responsibility for any and all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact NY Gold Co immediately.  You agree to hold harmless and indemnify NY Gold Co for any damages that arise out of or in relationship to the use of your Account.

By creating an Account, you agree that NY Gold Co, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.

You may make purchases, sell to, and order from NY Gold Co only in accordance with this Agreement and accompanying policies and procedures.  Upon placing an order to purchase or sell with NY Gold Co, you have entered into a binding and legally enforceable agreement.  Prices and availability are subject to change, without notice.

When placing an order on the Website, the price at which your order is submitted is the guaranteed price.  An “order number” will subsequently be forwarded to you via email.  Your credit card information is required to guarantee all orders.  In order to reserve your guaranteed price, your payment must be received by NY Gold Co within two (2) business days for bank wire orders.  All check orders must be postmarked for delivery within one (1) business day.  If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed.

A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check).  In most cases, orders will be denied if payment is completed after the allotted time frame.

If any order is in error, due to NY Gold Co’s fault or otherwise, we reserve the right to cancel the order.

Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.  We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud.  If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation.  We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

  1. Payment Options

NY Gold Co requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check or money order.  NY Gold Co does not accept credit card convenience checks. Depending upon the amount of an order, NY Gold Co reserves the right to request additional documentation for certain credit card orders.  NY Gold Co also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize NY Gold Co to authorize and capture your credit card payment prior to shipment.

Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Cybersource and/or PayPal. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.  You understand and agree that NY Gold Co will not be held liable for any user’s failure to complete a transaction entered into through the Website.

NY Gold Co expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

In the instance of a bounced paper check payment, NY Gold Co reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.

  1. Payment Instructions

NY Gold Co will issue payment instructions to you during the ordering process and via email following completion of your order.  NY Gold Co does not accept Cash on Delivery orders.  NY Gold Co reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.

  1. Cancellation Policy

Once you have placed an order with NY Gold Co you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to NY Gold Co) at NY Gold Co’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.

NY Gold Co reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.

Offsetting orders may be approved over telephone or email, at which time NY Gold Co shall provide you with a cancellation confirmation and the total Market Losses and fees.  Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee.  In the event of a confirmed cancelled order, you expressly authorize NY Gold Co to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price.  Alternatively, in the event that your credit or debit card is denied, NY Gold Co reserves the right to invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days.  Future orders are not permitted unless and until any cancellation and other related fees are paid in full.  Any and all market gains on cancellations shall belong solely to NY Gold Co.

For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged.

After NY Gold Co has shipped the product, the order is final and cannot be canceled.  If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees upon return.

NY Gold Co reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders NY Gold Co deems questionable or suspicious, for orders NY Gold Co deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when NY Gold Co does not receive payment within the allotted timeframe.

NY Gold Co is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. IN the event of a cancelled order NY Gold Co will contact you directly with notification of the cancellation.

  1. Return Policy

NY Gold Co’s return and exchange policy is limited to five (5) business days from the date that you receive the item.  You must notify NY Gold Co’s Customer Service Department via telephone at 718-507-8787 within five (5) business days from the date that you receive the item and follow the instructions provided to you, at that time.  Shipping and handling charges are non-refundable.  You are fully responsible for all taxes, as well as return shipping and handling costs.  NY Gold Co may reject any returned or exchanged item that does not reasonably conform to these terms.  If the case of a request for an exchange, NY Gold Co expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable.  Returns, refunds and exchanges are subject to NY Gold Co’s Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to NY Gold Co.

All sales are final. No returns, no exchange, no credit.

  1. NY Gold Co Market Loss Policy

Upon issuance of an order number following a purchase from NY Gold Co, the price is guaranteed and you may not cancel the transaction.  The transaction may only be offset at NY Gold Co’s current asking price.  If your item is cancelled, you are responsible for any deficit between the price at which NY Gold Co sold the item to you and the offsetting purchase price.  As set forth above, all cancellations are subject to our market loss policy.  Market gains on cancellations or returns shall remain the property of NY Gold Co.

Without limiting any other legal or equitable rights and remedies that may be available to NY Gold Co, NY Gold Co may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that NY Gold Co may have to you.  NY Gold Co also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to NY Gold Co.

  1. User Generated Content

NY Gold Co may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews.  Except as otherwise licensed herein, you own all rights in and to your User Generated Content.  User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.  User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website.  You expressly acknowledge, however, that NY Gold Co does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant NY Gold Co a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Content that you submit to the Site.  NY Gold Co acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.  NY Gold Co does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

NY Gold Co reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement.  NY Gold Co also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

  1. Termination

Either NY Gold Co or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party.  The termination of this Agreement shall not affect the rights and the obligations of NY Gold Co or you with respect to the period prior to the date of termination.  In addition, failure to timely make payments to NY Gold Co will result in termination of services as deemed appropriate by NY Gold Co.

  1. Section 230 of the Communications Decency Act

You acknowledge and agree that NY Gold Co is an interactive computer service provider under Section 230 of the Communications Decency Act. Though NY Gold Co may edit, remove, or control the content displayed through the Website, you agree that NY Gold Co will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

  1. Disclaimers, Exclusions and Limitations

CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of NY Gold Co.  You, and not NY Gold Co, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all.  Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment.  You represent and warrant to NY Gold Co that you have sufficient experience and knowledge to make informed financial decisions and that NY Gold Co is not making any recommendation with respect to such purchases and/or such sales.

  1. Disclaimer of Warranties

NY GOLD CO PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NY GOLD CO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.  NY GOLD CO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

NY GOLD CO WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. NY GOLD CO IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. NY GOLD CO RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

NY GOLD CO WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT NY GOLD CO’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT.  THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF NY GOLD CO’S CONTROL.

PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NY GOLD CO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

  1. Limitation of Liability

NY GOLD CO SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED VIA THE NY GOLD CO ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE NY GOLD CO ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. NY GOLD CO SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, NY GOLD CO SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND NY GOLD CO’S REASONABLE CONTROL. NY GOLD CO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE NY GOLD CO ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. NY GOLD CO IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

  1. Indemnity and Release

You agree to defend, indemnify and hold NY Gold Co and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees,  made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to NY Gold Co, or (g) your failure to perform your obligations hereunder.  If you are obligated to provide indemnification pursuant to this provision, NY Gold Co may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense.  Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without NY Gold Co’s consent.

You are hereby agreeing to release the NY Gold Co and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

  1. Relationship

The sole relationship between you and NY Gold Co is that of purchaser-seller.  No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

  1. No Waiver

Upon your failure to comply with your duties and obligations to NY Gold Co, the latter reserves all rights and remedies available at law or in equity.  No delay or failure on the part of NY Gold Co in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy.  In addition, no partial exercise by NY Gold Co of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.  In the event that you fail to comply with this Agreement, you expressly authorize and grant to NY Gold Co the right to charge your credit card for any and all market losses incurred by NY Gold Co, including, without limitation, administrative fees for accepting your orders to either buy from or sell to NY Gold Co as a result of price and market fluctuations for which you did not fulfill.

  1. No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of NY Gold Co.  Such consent may be granted or withheld by NY Gold Co at its sole and absolute discretion.  This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and NY Gold Co.

  1. Force Majeure

You acknowledge and understand that if NY Gold Co and/or the Website are unable to provide the products and/or services as a result of a force majeure event, NY Gold Co and/or the Website will not be in breach of any of its obligations towards you under this Agreement.  A force majeure event means any event beyond the control of NY Gold Co and/or the Website.  NY GOLD CO SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

  1. Warranties, Representations, and Restrictions of Website Use

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review.  Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.

You warrant and represent that any and all information that you provide to NY Gold Co and the Website is accurate and valid.  You agree to comply in good faith with the terms and conditions of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website.  You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law.  The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement.  You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement.   You may not attempt to reverse engineer any of the technology used to provide the products and/or services.

In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the NY Gold Co name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.

  1. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

  1. Entire Agreement

This Agreement constitutes the entire agreement between you and NY Gold Co and governs your use of the Website, superseding any prior agreements.

  1. Integration

NY Gold Co hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind NY Gold Co.

  1. Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Reservation of Rights

All rights not expressly granted herein are reserved to NY Gold Co.

  1. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.