Terms & Conditions
Revised as of June 10, 2017
Welcome to www.CamexMetals.com (the “Website”). Camist Group, LLC, doing business as Camex Metals (“Company”, “Camex Metals”, “Our”, “We”, or “Us”) provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website.
If you visit the Website, you accept these terms and conditions of use. Please read them carefully.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries.
Unless otherwise specified, Company may offer to sell products or services featured on the Website only in the United States. The Website is displayed solely for purposes of promoting Company’s products and services in the United States. Unless otherwise specified, the Website is available for visitors outside of the United States only for purposes of information. The Website is controlled by Company from its offices in Texas, in the United States of America.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.
Company or one of its affiliates is also the owner of the unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates may not be used in connection with any business, product, or service whose source is not Company or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates displayed or contained in the Website without the express, written consent of Company or its affiliates.
License and Site Access
Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company.
This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Company or any of its affiliates as part of the link without the express, written consent of Company.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
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 Camex Metals 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 Camex Metals 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.
Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have inadvertently collected personal information of a child under the age of thirteen (13) without proper consent, we will immediately delete that data from our database.
Camex Metals requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, or cashier’s check. Camex Metals does not accept credit card convenience checks. Depending upon the amount of an order, Camex Metals reserves the right to request additional documentation for certain credit card orders. Camex Metals 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 Camex Metals 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 PayPal or Stripe. You understand and agree that a $0.01 charge may temporarily appear in your pending transactions when you process an order through Camex Metals’s third-party payment processors. This temporary charge will be voided. Camex Metals will not be held liable for any overdraws that may occur as a result of the $0.01 charge. 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 Camex Metals will not be held liable for any user’s failure to complete a transaction entered into through the Website.
Camex Metals expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, irrespective of payment method and price confirmation.
In the instance of a bounced paper check payment, Camex Metals 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.
Reviews, Comments, Communications, and Other Content
Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities and its affiliates for all claims resulting from content you supply.
From time to time, Company may monitor and edit or remove any activity or content, but it has no obligation to do so. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.
Risk of Loss
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Market Loss Policy
Upon issuance of an order number following a purchase from Camex Metals, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Camex Metals’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Camex Metals 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 Camex Metals.
Without limiting any other legal or equitable rights and remedies that may be available to Camex Metals, Camex Metals 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 Camex Metals may have to you. Camex Metals 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 Camex Metals.
Once you have placed an order with Camex Metals 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 Camex Metals) at Camex Metals’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.
All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM CST. Camex Metals reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved by e-mail, at which time Camex Metals shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described above. 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 Camex Metals 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, Camex Metals 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 Camex Metals.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged.
After Camex Metals 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.
Camex Metals reserves the right to refuse or cancel an order for any reason or for no reason at all, irrespective of payment method or price confirmation, including without limitation, for orders Camex Metals deems questionable or suspicious, for orders Camex Metals deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Camex Metals does not receive payment within the allotted timeframe.
Camex Metals 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 Camex Metals will contact you directly with notification of the cancellation.
Although most orders are shipped within one business day, in extreme circumstances shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package over $1000 requires a signature upon delivery. Camex Metals fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy.
However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, Camex Metals assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that Camex Metals will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within two (2) business days, or else Camex Metals may have to refute any claims.
Each product that Camex Metals sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
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 Camex Metals. You, and not Camex Metals, 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 Camex Metals that you have sufficient experience and knowledge to make informed financial decisions and that Camex Metals is not making any recommendation with respect to such purchases and/or such sales.
Either Camex Metals 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 Camex Metals or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Camex Metals will result in termination of services as deemed appropriate by Camex Metals.
Camex Metals’ refund, return and exchange policy is limited to five (5) business days from the date that you receive the item. You must notify Camex Metals’ Customer Service Department via e-mail at [email protected] 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. Camex Metals may reject any returned or exchanged item that does not reasonably conform to these terms. If the case of a request for an exchange, Camex Metals 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 the Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to Camex Metals.
Company and its affiliates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources.
You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (irrespective of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
Indemnity and Release
You agree to defend, indemnify and hold Camex Metals 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 Camex Metals, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Camex Metals 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 Camex Metals’s consent.
You are hereby agreeing to release the Camex Metals 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.
Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website to [email protected] subject line “Copyright Agent”
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
CAMEX METALS 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. CAMEX METALS 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. CAMEX METALS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
CAMEX METALS 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 CAMEX METALS’ 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 CAMEX METALS’ 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, CAMEX METALS 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.
CAMEX METALS SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS PLACED VIA THE CAMEX METALS 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 CAMEX METALS ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. CAMEX METALS SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, CAMEX METALS 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 CAMEX METALS’ REASONABLE CONTROL. CAMEX METALS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE CAMEX METALS ONLINE ORDER ENTRY SYSTEM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. CAMEX METALS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Texas, United States of America. By visiting the Website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.
Section 230 of the Communications Decency Act
You acknowledge and agree that Camex Metals is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Camex Metals may edit, remove, or control the content displayed through the Website, you agree that Camex Metals 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.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against Camex Metals with respect to this Agreement and/or the Website. Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
You acknowledge and agree that, irrespective of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Camex Metals takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and the expenses incurred by Camex Metals, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by Camex Metals to carry out this Agreement.
The sole relationship between you and Camex Metals 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.
Upon your failure to comply with your duties and obligations to Camex Metals, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Camex Metals 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 Camex Metals 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 Camex Metals the right to charge your credit card for any and all market losses incurred by Camex Metals, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Camex Metals as a result of price and market fluctuations for which you did not fulfill.
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Camex Metals. Such consent may be granted or withheld by Camex Metals 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 Camex Metals.
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.
This Agreement constitutes the entire agreement between you and Camex Metals and governs your use of the Website, superseding any prior agreements.
Statute of Limitations
YOU AGREE THAT IRRESPECTIVE 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.
Reservation of Rights
All rights not expressly granted herein are reserved to Camex Metals.
Site Policies, Modification, and Severability
You acknowledge and understand that if Camex Metals and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Camex Metals 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 Camex Metals and/or the Website. CAMEX METALS 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.
Copyright © 2017 Camist Group, LLC