1. GENERAL TERMS AND CONDITIONS
All use of the Website and all platform services available through the Website (collectively, the “Services”) are subject to the ToU. By accessing and using this Website, you acknowledge, accept, and agree to abide by all the terms, conditions, and privacy policies described or incorporated by reference below. The ToU represents a binding contract between you and DGI, are in addition to any other agreements between you and DGI, if any, and any other agreements that govern your use of products, services, content, tools, and information available on the Website. If you do not agree with anything contained in the ToU, please do not continue to visit, submit information to, access information from, or otherwise utilize the Website.
You agree that we may modify the ToU at any time. We have no obligation to notify you of any modifications. It is your responsibility to review the ToU from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website following modification of the ToU will be conclusively deemed to signify your acceptance of the modification. Notwithstanding the aforesaid, for any material changes, we will seek your consent to the extent required by law. DGI reserves the right, at any time, to modify or discontinue, temporarily or permanently the Website (or any part thereof) without notice.
You agree to keep business information and trade secrets of DGI, including, but not limited to, terms and pricing which are not publicly disclosed, and any user account information confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process.
2. NO INVESTMENT ADVICE OR SOLICITATION
DGI is not an investment firm and does not provide investment advice. Any information contained on the Website is for information purposes only, and does not constitute investment, financial, legal, tax or other advice. You agree that all decisions you make on investment matters are your full responsibility, and you agree to consult with your own financial advisors prior to making any investment decisions. You agree to accept full responsibility for any investment you make. DGI, its Website and Affiliates are not a substitute for the advice or services of a financial advisor. You understand that purchase of investment assets through the Website involves risk of loss.
Except as otherwise expressly noted, no information or communication contained on the Website shall constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities or any other financial instruments. Further, the information contained on the Website does not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
3. NOT A DEPOSIT ACCOUNT
You represent that you understand and acknowledge that DGI is not a bank or depository institution. Any investment opportunities available through the platform are not depository bank accounts, and therefore are not insured by the Federal Deposit Insurance Corporation or by any other governmental agency.
YOU MAY NOT SEND UNSOLICITED E-MAILS OR E-MAIL THAT INCLUDES FALSE OR MISLEADING INFORMATION IN THE RETURN ADDRESS OR IN THE SUBJECT LINE TO ANYONE WHOSE E-MAIL ADDRESS INCLUDES THE DOMAIN NAME DIGITALGOLD.COM. YOU MAY NOT USE OUR DOMAIN NAME AS A PSEUDONYMOUS RETURN E-MAIL ADDRESS FOR ANY COMMUNICATIONS THAT YOU TRANSMIT FROM ANOTHER LOCATION OR THROUGH ANOTHER SERVICE. YOU MAY NOT PRETEND TO BE SOMEONE ELSE – OR SPOOF THEIR IDENTITY – WHEN USING THE WEBSITE.
6. INTELLECTUAL PROPERTY; COPYRIGHT
The contents of the website and any products or services provided or sold by DGI, including the website’s likeness, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses, lenders and opportunities listed on the Website, are the property of DGI or it otherwise has the right to use them as part of the Website, and are subject to the copyright or other intellectual property rights of DGI and/or to the terms of licenses held by DGI. Such intellectual property is protected by federal and state law. Without DGI’s prior written consent you may not reproduce, modify, distribute, transmit, republish, display or perform the content and software on the Website, or of any products or services sold by DGI. You may copy information from the website only as may be strictly necessary for your own use to view, save, print, or transmit it. The commercial use or public dissemination of any information and data gathered from DGI is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing clause may subject you to compensatory and punitive damages, and shall specifically also entitle DGI to equitable relief, in addition to any other available remedies.
By submitting information or other material to us, you grant DGI a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the ToU and the actions and transactions contemplated hereby. Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any mark displayed on the Website without the written permission of DGI or the third-party owner of the mark. You agree that you will not and will not allow others to decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of DGI’s technology or delete or alter author attributes or copyright notices. You are limited to use the Website to submit loan applications under the Merchant’s account and you shall use the Website solely for your own use and shall not allow others to use the Website under or through your account.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
DGI expects its users to respect the intellectual property rights of others. We may remove materials that appear in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers. If you believe a work protected by a U.S. copyright you own has been posted without authorization, you may notify the DGI copyright agent, and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner,
Identification of the copyrighted work or works claimed to have been infringed,
A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
Your address, telephone number and e-mail address,
A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and
A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
The DGI copyright agent can be reached at:
333 South Grand Ave Suite 1700
Los Angeles, CA 90071
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DGI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
This site is compliant with the Telephone Consumer Protection Act, 47 U.S.C. § 227. By submitting your personal information through the Website, you are establishing a business relationship between yourself and Digital Gold and agree that Digital Gold may contact you through email or phone number with calls and text messages from or on behalf of Digital Gold, its subsidiaries and partnering agents and carriers at the telephone number and email address you provided. Additional charges may apply for SMS, call or internet usage depending on your provider. You will have the opportunity to opt out of receiving future messages from us. You understand that consent is not a condition of service purchase. You are under no obligation to use our services.
9. HYPERLINK POLICY
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE THIRD-PARTY WEBSITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS RELATED TO, AND RELEASE THE RELEASED PARTIES FROM AND AGAINST, ANY LIABILITIES ARISING FROM OR RELATED TO THE CONTENTS OF ANY THIRD-PARTY WEBSITE
10. THIRD-PARTY CONTENT
Certain portions of the Website, may contain unedited or third-party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Content”) are the sole responsibility of the person(s) who originated such Content and DGI does not control such content, does not investigate or validate such Content and is under no obligation to monitor such content; provided that DGI reserves the right at all times (but will not have an obligation) to remove any Content in its sole discretion. By using this Content, you understand that you may be exposed to Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that DGI makes no representations or warranties regarding the Content and is not responsible or liable in any manner for the Content or the conduct, whether online or offline, of any user. The Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Content.
11. ACCOUNT REGISTRATION
Maintaining account security is very important. DGI takes commercially reasonable steps to keep the Website secure, however security is not guaranteed. Security also depends on you. You should not reveal your password to anyone. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the ToU.
The information you provide may be visible to DGI and its employees and affiliates who have a need to know such information to provide the Services. You agree to immediately notify DGI of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. See Limitation of Liability below.
12. ACCOUNT TERMINATION
You agree that DGI may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any content associated with your account. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the ToU, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of DGI or (v) infringement of third party intellectual property rights.
If DGI believes, in its sole discretion, that a violation of the ToU or any illegal or inappropriate behavior has occurred, DGI may take any corrective action deemed appropriate. DGI will fully cooperate with any law enforcement authorities or court order requesting or directing DGI to disclose the identity of anyone believed to have violated these ToU or to have engaged in illegal behavior in the use of the Services.
If there are no funds in your account, you may terminate your account at any time by emailing [email protected] The provisions relating to Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Data Storage, Access outside the United States and Reservation of Rights shall survive any termination.
Your use of any aspect of the Website is at your own risk. DGI makes no representations or warranties whatsoever in respect of the Website or Services. Neither DGI nor any of its affiliates or their respective owners, officers, directors, employees, contractors or agents will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Website or Services.
14. USE RESTRICTIONS
The software and technology underlying the Website is the property of DGI, and you may not connect to or use the Website in any way that is not expressly permitted by the ToU. Specifically, you may not do or attempt to do any of the following: (a) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to the Website) without Company’s prior written authorization, including framing or mirroring any part of the Website; (b) Circumvent, disable, or otherwise interfere with security-related features of the Services, the Website, or features that prevent or restrict use or copying of any content; (c) Use the Website or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in by the ToU; (d) Sell, resell or otherwise monetize any content to any third party, except as specifically set forth in by the ToU; (e) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Website; (f) Harvest, collect or mine information about other users of the Website; (g) Create a database by systematically downloading and storing all or any of the content on the Website; (h) Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of DGI’s rights in the Website; (i) Use or access another user’s account or password without permission; or (j) Use the Website or Services in any manner not permitted by the ToU.
15. NO WARRANTY; LIMITATION OF LIABILITY
DGI AND ALL OF ITS AFFILIATES INCLUDING THIRD-PARTY AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND BEAR NO LIABILITY WITH RESPECT TO ANY RETIREMENT ACCOUNTS, INVESTMENTS, SECURITIES, COMMODITIES, ASSETS, CRYPTOCURRENCIES OR THE PERFORMANCE THEREOF.
Gold and other precious metals are a very speculative investment and involves a high degree of risk. Investors must have the financial ability, sophistication/experience and willingness to bear the risks of an investment, and a potential total loss of their investment. DGI Risk Disclosures may be found at http://www.DigitalGold.com/risk-disclsoures/ and is incorporated herein by reference.
Any material you access, download, or otherwise obtain through the Website is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
DGI AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE WEBSITE, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE ACCESS OR USE; (D) ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE WEBSITE OR ANY PART THEREOF. THE WEBSITE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
DGI makes no guarantees or warranties of any kind as to the adequacy, completeness, sufficiency, timeliness or accuracy of any material available in or through the Website.
NEITHER DGI NOR ANY OF ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF EARNINGS, GOODWILL OR DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES ENUMERATED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (I) THE USE OR INABILITY TO USE THE WEBSITE, THE WEBSITE OR ANY PART THEREOF, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE OR OTHER INACCURACIES IN THE WEBSITE, THE WEBSITE OR ANY PART THEREOF OR (II) INFORMATION OR MATERIALS AVAILABLE OR ACCESSIBLE THROUGH THE WEBSITE, THE WEBSITE OR ANY PART THEREOF. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THE ABOVE DISCLAIMER OR THE LIMITATIONS SET FORTH HEREIN ARE PROHIBITED BY LAW, THEIR APPLICABILITY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY LAW.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
YOU HEREBY AGREE THAT DGI’S TOTAL AGGREGATE LIABILITY AND YOUR SOLE REMEDY AGAINST DGI ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU (OR ANY OTHER USER) PAID TO DGI FOR USE OF THE WEBSITE AND/OR THE PLATFORM SERVICES FROM THE EFFECTIVE DATE OF THIS AGREEMENT DURING THE TERM OF THIS AGREEMENT.
17. FORWARD LOOKING STATEMENTS
Certain statements in the Website and the content may constitute “forward-looking” statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of investment to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as “may,” “will,” “expect,” “believe,” “plan,” “expect,” “anticipate,” “intend” and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Website, including any person who may or has invested using the DGI technology platform, are cautioned not to place undue reliance on such forward-looking statements.
A variety of factors could cause the actual results and developments of any investment to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Website, if any, are based upon what DGI and its advisors believe are reasonable assumptions, DGI cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and Company and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
18. CHOICE OF LAW; DISPUTES
The construction, validity and performance of this Agreement and all non-contractual obligations arising from or connected with this Agreement shall be governed by the laws of the State of California without giving effect to conflict of laws principles thereof. Each party irrevocably agrees to submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County any claim or matter arising under or in connection with this Agreement, provided that the limitation set forth in this Section above shall not prevent DGI from seeking injunctive relief in any other jurisdiction.
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
19. DATA STORAGE; ACCESS OUTSIDE OF THE UNITED STATES
Your personal information will be processed for DGI by TransUnion, Financing Institutions or similar third-party providers, whose data protection and privacy protections may not afford the same level of protection as required by laws of certain countries, such as the member nations of the European Union. We make no claims that the Website or any of its contents are appropriate or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country. You may not use or export any content of the Website in violation of U.S. export laws and regulations.
20. RESERVATION OF RIGHTS
All rights not otherwise expressly granted to you by the ToU are reserved to DGI. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DGI resulting from the ToU or any use of the Website. The failure of DGI to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any provision of the ToU is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the ToU shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ToU are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and DGI, nor trade practice shall act to modify any provision of the ToU. The ToU are not assignable, transferable or sub licensable by you.
21. QUESTIONS OR COMMENTS
DGI welcomes questions and comments about the ToU. Questions or comments should be directed to the address or phone below:
15303 Ventura Blvd., Suite 1060
Sherman Oaks, CA 91403