User Agreement

1. Introduction

Welcome to Bullionmap. This User Agreement governs your use and access to bullionmap classified site. By registering or using our services, you agree to comply with and be legally bound by the terms and conditions outlined in this Agreement.

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2. About bullionmap

bullionmap is a marketplace that allows users to offer, sell, and buy bullions (Precious metals such as gold, silver, platinum, etc.)  in various geographic locations using a variety of pricing formats. bullionmap is not a party to contracts for sale between third-party sellers and buyers, nor is bullionmap a traditional auctioneer.

Any guidance bullionmap provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, to offer you a customized and personalized experience, to provide you with enhanced customer service, and to support fraud detection; availability and accuracy of these tools are not guaranteed. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, bullionmap has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Using bullionmap

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• fail to pay for items purchased by you, unless you have a valid reason as set out in an bullionmap policy, for example, where the seller has materially changed the item's description after you bid (see our Unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in an bullionmap policy;
• manipulate the price of any item or interfere with any other user's listings;
• take any action that may undermine the feedback or ratings systems (our Feedback policies);
• transfer your bullionmap account (including feedback) and user ID to another party without our consent;
• share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access program for that purpose;
• create listings or provide us with content in inappropriate categories or areas of our sites;
• engage in gambling;
• provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm bullionmap or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of bullionmap;
• circumvent any technical measures used to provide our Services;
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any bullionmap application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to bullionmap. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to bullionmap or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
• commercialize any bullionmap application or any information, data, or software associated with such application, except with the prior express permission of bullionmap; or
• harvest or otherwise collect or use information about users without their consent.

Sellers must meet bullionmap's minimum performance standards. Failure to meet these standards may result in bullionmap charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are violating this User Agreement or any of our policies, or abusing bullionmap and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

If we believe you are violating our policies prohibiting Offers to buy or sell outside of bullionmap, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of bullionmap, you may be charged final value fees.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees and Taxes

We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.

The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the bullionmap site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of bullionmap. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of bullionmap, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer.

You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the bullionmap Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use, and late fees will apply. bullionmap, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information bullionmap reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at bullionmap Inc., c/o Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your bullionmap account, you must contact the collection agency directly.

6. Listing Conditions

When listing an item for sale on our Services, you agree to comply with bullionmap's Listing policies and Selling practices policy and also agree that:

• You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by bullionmap or third parties such as translation, image editing, and generative artificial intelligence tools;
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). bullionmap can't guarantee exact listing duration;
• Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or bullionmap, in its sole discretion;
• The content you provide complies with all of our listing policies, including the Images, videos and text policy;
• Content that violates any of bullionmap's policies may be modified, obfuscated, or deleted at bullionmap's sole discretion;
• We may revise listings to supplement, remove, or correct information;
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• buyer's location, search query, browsing site, and history;
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
• seller's history, including listing practices, Detailed Seller Ratings, bullionmap policy compliance, feedback, and defect rate; and
• number of listings matching the buyer's query.
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
• Some advanced listing upgrades will only be visible on some of our Services;
• bullionmap's Duplicate listings policy may also affect whether your listing appears in search results;
• Metatags and URL links that are included in a listing may be removed or altered;
• We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers;
• For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, bullionmap may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements;
• You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. bullionmap has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services;
• bullionmap may publish and promote your listings, including related content such as username, product reviews and feedback, in any format and through any channel, including across any bullionmap Services, our partners, or third-party property or advertising medium; and
• Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

7. Purchase Conditions

When buying an item using our Services, you agree to the Rules and policies for buyers and that:

• You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy;
• You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received unless the transaction terms state that you are required to pay for the item before a binding contract is formed;
• For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller;
• We do not transfer legal ownership of items from the seller to you;
• Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

8. International Buying and Selling; Translation

Given the nature of bullionmap's global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. We offer certain programs, tools, and experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. If, as a seller, you do not want your item to be sold to buyers internationally, you can exclude countries or regions you don't want to ship to by adjusting your shipping settings as provided in the International selling policy. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you purchase an item on an bullionmap site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other bullionmap site with respect to that particular purchase, as detailed in the International selling policy.

For sellers, you agree that we may display your listing for sale on an bullionmap site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an bullionmap site that is different from your registration or listing site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other bullionmap site with respect to that particular sale, as detailed in the International selling policy.

You authorize us to use automated tools to translate your bullionmap content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

One of the ways we make bullionmap.com listings available to international buyers is through the bullionmap International Shipping Program ("EIS"). EIS enables buyers to obtain parcel processing, international shipping, and customs clearance services. It is facilitated by bullionmap through third-party service providers that bullionmap has contracted with to operationalize the program. By listing your item on bullionmap.co you agree to the EIS Terms and Conditions. If you choose not to participate in EIS, you can opt out of the program by updating your shipping preferences.

9. Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against bullionmap, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. bullionmap takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including bullionmap users). You may use that content solely in your bullionmap listings. bullionmap may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that bullionmap is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name "bullionmap" and other bullionmap marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of bullionmap in the U.S. and other countries. They may not be used without the express written prior permission of bullionmap.

10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. bullionmap's Verified Rights Owner team works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate. 

 11. Holds and Restricted Funds

To protect bullionmap from risk of liability for your actions as a seller, bullionmap Payments Entities (as defined below) may restrict access to your funds as described in the Payments Terms of Use.

12. Authorization to Contact You; Recording Calls; Analyzing Message Content

bullionmap may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. bullionmap may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice. As described in our User Privacy Notice, bullionmap may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time, including through the Communication Preferences section of your My bullionmap. You may also opt-out of a specific text marketing campaign by replying "STOP" to such marketing text message.

bullionmap may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by bullionmap to carry out the purposes identified above.

bullionmap may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with bullionmap or its agents for quality control and training purposes, or for its own protection.

bullionmap's automated systems scan and analyze the contents of every message sent through its messaging platforms (including but not limited to chat and email channels), including messages between users, to: (i) detect and prevent fraudulent activity or violations of bullionmap's User Agreement, including the incorporated terms, notices, rules, and policies and (ii) provide and improve our Services. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. bullionmap may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If bullionmap provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using bullionmap Services.

13. Additional Terms

Returns and cancellations for sellers

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, bullionmap will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My bullionmap. Where settings have been set to automatically accept requests for returns or replacements, an bullionmap-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.

When an item is returned or if a transaction is canceled after payment has been completed, bullionmap may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund.

Additionally, bullionmap may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers when:

• An bullionmap-generated return shipping label is used, and the seller is responsible for its cost;
• Returns have been automated;
• The seller fails to send the buyer a return shipping label and, instead, an bullionmap-generated shipping label is used; and/or
• The item is not as described in the listing and is returned in accordance with bullionmap Money Back Guarantee or other applicable terms.

bullionmap or bullionmap Payment Entities may invoice sellers for these charges and collect such charges as described in the Payments Terms of Use.

All seller cancellations of orders must be in accordance with our Order cancellation policy.

Returns and cancellations for buyers

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on bullionmap within the time period and as provided in our Order cancellation policy, and the seller will have 3 days to accept or decline the request. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return.

In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. If the buyer is responsible for the return shipping costs, the buyer may elect to use an bullionmap-generated shipping label or purchase a shipping label directly from a carrier. By choosing to use an bullionmap-generated shipping label, you (as a buyer) agree that bullionmap may deduct the cost of the shipping label from the refund owed to you.

bullionmap Money Back Guarantee

Most bullionmap sales go smoothly, but if there's a problem with a purchase covered by bullionmap Money Back Guarantee, buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any bullionmap Money Back Guarantee case.

If you (as seller) choose to reimburse a buyer, or are required to reimburse a buyer or bullionmap under the bullionmap Money Back Guarantee, bullionmap or bullionmap Payments Entities may invoice you in the amount of the reimbursement, or collect the amount of the reimbursement from you as described in the Payments Terms of Use. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the bullionmap Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. You agree to make us whole for any losses, including expenses we incur to recoup such losses, arising out of your abuse of the bullionmap Money Back Guarantee, or any fraud you commit in connection with the bullionmap Money Back Guarantee.

Recommendations

bullionmap may offer personalized recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your bullionmap activity, the item, and seasonality, among other factors.

14. Payment Services

Payments for goods and services sold using our Services are facilitated by designated bullionmap entities (each, an "bullionmap Payment Entity") pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to bullionmap Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you are a buyer:

• You may pay for items and services using the payment methods that the bullionmap Payment Entities make available, and the bullionmap Payment Entities will manage settlement of the payment to sellers. The bullionmap Payment Entities will collect the transaction amount on behalf of the seller by charging your selected payment method. Accordingly, payments received by the bullionmap Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received;
• In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions, in connection with bullionmap's internal risk controls or due to potential violations of any policy of bullionmap or the bullionmap Payment Entity, or a policy of one of the Payment Entity's third-party payment services providers;
• bullionmap, the bullionmap Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the payment section in My bullionmap. You are responsible for maintaining the accuracy of information we have on file, and you consent to bullionmap updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize bullionmap Payment Entities to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error;
• You may seek returns or cancellations on our Services, or file bullionmap Money Back Guarantee claims on our Services. If you are entitled to a refund, the bullionmap Payment Entities will issue the refund if the bullionmap Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks;
• You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the bullionmap Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the bullionmap Payment Entity has no control over, or responsibility or liability for, such fees or actions.

15. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in bullionmap's applications may not occur in real time. Such functionality is subject to delays beyond bullionmap's control.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BULLIONMAP (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS USER AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR BULLIONMAP WAS ADVISED OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

• the content you provide (directly or indirectly) using our Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by bullionmap;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any bullionmap Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Using bullionmap section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts due under the bullionmap Money Back Guarantee up to the price the item sold for on bullionmap (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

16. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

18. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BULLIONMAP HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes section, the term "related third parties" includes your and bullionmap's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, bullionmap's, and these entities' respective employees and agents.

You and bullionmap each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and bullionmap (or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of bullionmap or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and bullionmap, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and bullionmap each agree that any and all disputes or claims that have arisen, or may arise, between you and bullionmap (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of bullionmap or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.

The Federal Arbitration Act ("FAA") and, to the extent not inconsistent with the FAA, the law of the State of Utah without regard to principles of conflict of laws govern the interpretation and enforcement of this Agreement to Arbitrate.