Kitco Metals Inc.
April 19, 2011
2.1. No Advice
The information provided in the Websites and in any of the Services is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice. Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional.
2.2. Market Risk
Precious metals markets involve risk to investment principal and can be volatile. Purchasing precious metals often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal financial choice before taking any decisions that may affect your situation. Precious metal products and accounts are not insured by the Canadian Deposit Insurance Corporation, Canadian Investor Protection Fund or other similar program and may lose value. You should always conduct your own research and due diligence and obtain professional advice before making any investment decision.
3. Exclusion of Warranties
3.1. Information on Websites
The information, material and content provided on the Websites or in any of the Services (referred to collectively herein as the "Content") is provided on an "as is" basis and your use of the Websites and the Services is entirely at your own risk. Kitco makes no warranties of any kind with respect to the Content provided on the Websites and on the Services, whether express or implied, including, but not limited to, warranties as to usefulness, accuracy, completeness, reliability, fitness for a particular purpose, and non-infringement.
Kitco does not represent or warrant that the Websites or any of the Services or Content available or obtained therein will be provided on an uninterrupted basis, and that there will be no delays, difficulties in use, errors, security breaches, omissions or loss of transmitted information.
Kitco makes no representations or warranties that the Websites, Content or Services are appropriate or available for use in all jurisdictions outside Canada. Please be aware of the applicable laws and regulations of your country.
4. Limitation of Liability
Kitco adheres to the highest security measures to ensure your data is protected against theft, loss, and corruption, and against the misuse and alteration of any of your data stored on our servers. However, when you access your account via a public or unsecured computer terminal or if you chose to share your account username and password ("Electronic Identification Information"), Kitco cannot guarantee the security of your data.
Kitco specifically disclaims any liability with respect to any email communications or text messaging, or other like unprotected communications, whether initiated by you or Kitco. Kitco will not be liable or responsible for any damages suffered in connection with such modes of communication.
4.2. No Liability
Kitco shall not be liable under any circumstances whatsoever for any loss or damage, including any direct, indirect, special, incidental, consequential or exemplary damages or for any indirect or punitive losses or damages (including loss profits or lost savings), arising out of or in connection with the Websites, Services or Content; with your use of or inability to use or access the Websites, Services or Content; or with links to other third party sites, whether or not caused by the fault or neglect of Kitco and whether or not Kitco had knowledge that such losses or damages might be incurred.
4.3. Force Majeure
Kitco shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but Kitco shall use commercially reasonable endeavors to minimize dangers or losses to you as a consequence of such events.
You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.
You may be required to register or open an account in order to use certain Services offered on the Websites. Should you chose to register for said services, or to open an account, you agree to provide Kitco with accurate, complete and current information as required, and to regularly update said information as needed so that it remains accurate, complete and current.
You are responsible for ensuring the accuracy of the information displayed in your account, howsoever accessed, and must contact Kitco immediately if a transaction or balance recorded in an account is incorrect or if you suspect unauthorized use of your Electronic Identification Information. Kitco will not be held liable should you fail to disclose any unauthorized use of Electronic Identification Information and your Kitco accounts.
5.4. Protection of Electronic Identification Information
It is your obligation to ensure that your Electronic Identification Information is kept secret. You hereby agree to keep your Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.
5.5. Customer liability
Kitco will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof.
You will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Kitco of the suspected unauthorized use as indicated in sub-section 5.3above.
6. Intellectual Property
All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Websites or in any of the Services are and will remain the sole property of Kitco (or its suppliers where applicable).
All Content supplied by Kitco, constitutes part of Kitco's confidential and proprietary information. In accessing the Websites or any of the Services, it is strictly prohibited to copy, reproduce, republish, store, retransmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the Content, and any software or applications used by Kitco in connection with the Websites or any of the Services, except as explicitly otherwise authorized by Kitco.
7. Links to and from Third Party Websites
The Websites or the Services may include links to other third party sites, enabling you to leave the Websites or the Services in order to access them, or may incorporate materials or information from other websites. Unless otherwise expressly provided, Kitco provides these links, materials and information as a convenience and not as an endorsement or approval of any third party, its information, opinions, advice, services or products.
You may not create links between the Websites and another site without Kitco's prior written consent. Unless otherwise expressly agreed, such links must not imply that Kitco is associated in any way whatsoever with another website or that Kitco endorses or approves of its content. You acknowledge and agree that Kitco may request at any time, at its sole discretion, that a link be removed.
Kitco is not responsible or liable for any third party website link to or from the Websites, any website link to or from those third party websites, the content of those websites, or their products or services.
8. Downloads, Software and Applications
Kitco may make some Services available for download from the Websites or from third party websites (the "Downloaded Services"). Any and all Downloaded Services are the copyrighted work of, and owned by, Kitco and its affiliates and related companies.
Kitco grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Downloaded Services for your personal, non-commercial use only, provided that you not modify the Downloaded Services, that you maintain all copyright and other proprietary notices, and that Kitco, or any other third parties, retain full and complete title to the Downloaded Services and all intellectual property rights therein.
You acknowledge and agree that the Downloaded Services are protected by copyright laws, and that, without limiting the generality of the foregoing, copying, re-selling, disassembling, redistributing or reproducing the Downloaded Services is strictly prohibited.
You acknowledge and agree that it is your responsibility to review, assess and evaluate the Downloaded Services and any other related terms and conditions to which the Downloaded Services may be subject, and which you may be provided with during the download process, and that all risk associated with the downloading and use of the Downloaded Services rests with you. Kitco, its affiliates and related companies, will not be responsible or liable for any damages, difficulties or consequences encountered as a result of or during the download process or the use of or reliance on the Downloaded Services.
Kitco also reserves the right to unilaterally amend or withdraw any information, products or services provided or described on the Websites without notice at any time.
10.1. Applicable Law and Jurisdiction
The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language. Les parties aux présentes ont expressément convenu que cette entente et tout autre acte, document ou avis y afférent soient rédigés en anglais.
This document contains confidential and proprietary information of Kitco Metals Inc.