Terms and Conditions

USER AGREEMENT

User's Acknowledgment and Acceptance of Terms and Conditions

Provident Metals (“Provident”) provides the website www.providentmetals.com (the “Website”) and other services, including services offered on the Website and services not available directly from the Website, subject to Your compliance with and Your agreement to all the terms, conditions, and notices contained or referenced herein (the “User Agreement”), as well as any other written agreement between Provident and You or Your company. The terms “You” and “Your” as used herein refer to the visitor to the Website and/or any person or entity who uses Provident’s services. These terms and conditions apply to all orders, purchases, and sales, whether made through the Website, by telephone, or otherwise. In addition, when using particular services or materials on this Website, You shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.

Before You place any orders to purchase from and/or sell to Provident, You must read and accept all of the terms in this User Agreement. Your use of this Website and/or Your placement of any order to purchase from and/or sell to Provident, whether through the Website or otherwise, constitutes a representation by You that You have read this User Agreement and agree to bound by the terms and conditions contained herein.

This User Agreement is effective as of November 23, 2009 for all existing customers and all existing users of this Website, and will be effective upon acceptance, as set forth above, for all new customers and all new users of this Website or Provident’s services. Provident reserves the right to change the terms and conditions of this User Agreement from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review the Website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this Website and/or Your continued use of any services provided by Provident after such modifications will constitute Your acknowledgement of the modified User Agreement and Your agreement to abide and be bound by the modified User Agreement.

As used in this User Agreement, references to our “Affiliates” include our owners, subsidiaries, parent companies, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.

Risks and User Representations

Investing involves risks and may not be suitable for everyone. You are urged to consult with your own financial advisors before making any investment decision. The value of coins and/or precious metals is affected by many factors, including, but not limited to, the market price of precious metals and the perceived rarity of certain coins. Since all investments, including coins and precious metals, can decline in value, investing in coins and/or precious metals often involves a degree of risk that makes them unsuitable for certain individuals. Provident makes no recommendations, projections, representations, or guarantees with respect to the future price of any coin or precious metal.

By purchasing from, making sales to, or ordering from Provident, You represent and warrant to Provident that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Provident. You expressly acknowledge that You are making all of Your own decisions in connection with purchases and/or sales, and that Provident is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that You are subject to a variety of risks, which risks are beyond the control of Provident, and You expressly acknowledge that Provident is not liable or responsible for those risks, for which You have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of coins and precious metals. You further acknowledge and understand that, under certain market or other conditions, You may not be able to liquidate the purchased products and/or that You may not be able to liquidate the purchased products at prices acceptable to You.

Disclaimer of Warranties

Provident makes no warranty whatsoever and makes no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and any materials or services provided by or through the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied.

This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any informational materials through this Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Order Entry Risk – Disclaimer and Limitation of Liability

Provident disclaims any liability or responsibility for orders placed through the Provident online order entry system, including, but not limited to, any loss or damage, whether direct, indirect, consequential, or incidental, that You or any third-party may suffer or incur as a result of the use of the Provident online order entry system, whether such loss or damage is caused by the Provident online order entry system or otherwise. Further, Provident disclaims any liability or responsibility for the interruption, cancellation, or other termination of the Provident online order entry system.

All orders placed through the Provident online order entry system are taken on a best efforts basis. Provident shall not be responsible for errors, negligence, or inability to execute such orders. Further, You understand and agree that the services available on this Website are provided “AS IS” and that Provident shall not be responsible for any delays in the transmission, delivery, mis-delivery, deletion, or execution of customer’s orders, due to failure of transmission, or breakdown or failure of communication facilities, or due to any other cause beyond Provident’s reasonable control.

Indemnification

You shall indemnify and hold harmless Provident and its affiliates, subsidiaries, parent companies, directors, officers, managers, and members from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys' fees that Provident and/or You may incur as a result of, or in connection with any breach of any representation or warranty made by You to Provident, or Your failure to comply with this User Agreement or any policy adopted by Provident.

Exchange Policy

Provident Metals wants you to be completely satisfied with your purchase. If for any reason you are not pleased with your purchase within 5 business days of delivery, we will exchange it so long as it remains in its original packaging and condition. Return shipping for numismatic products is free of charge to you. To initiate an exchange, simply call a Provident customer service representative at 800-313-3315.

Cancellation & Return Policy

Provident accepts returns & cancellations on all products within 5 business days of delivery, subject to the following fees:

-Bullion products - 10% of purchase price;
-Non-bullion products - 5% of the purchase price if paid via paid via credit card or PayPal; 0% if paid via other methods.

To be eligible for return, the product must remain in its original packaging and condition. Returns are typically completed within 1-3 business days. Shipping charges are non-refundable. Returns must be requested via telephone at 800-313-3315.

Cancellation for Non-Payment

Payment for your order must be postmarked or wired within 1 business day of order confirmation by Provident. If payment is not timely received, then Provident may cancel your order, and you will be responsible for payment of the following cancellation fee(s):

-Bullion products - 10% of purchase price
-Non-bullion products - No fee

Alternative payment terms must be approved by Provident.

Selling To Provident

When selling to Provident, once Your offer is confirmed, the price for your confirmed sale is locked in.  You cannot cancel the confirmed sale. You must provide Provident with a tracking number for Your product shipment within 1 business day of sale confirmation. If the tracking number is not timely received, Provident may cancel your order, and you may be responsible for payment of the following cancellation fee(s):

-Bullion products - 10% of purchase price
-Non-bullion products - No fee

Alternative sales terms must be approved by Provident.

Default; Rights and Remedies

If at any time you fail to comply with any term of the User Agreement, Provident may cancel any of your existing orders. If Provident cancels your order for any reason other than non-payment , your exclusive remedy and Provident’s entire liability, if any, for such cancelled order is (1) a refund of the amount that you paid less any cancellation fee incurred or (2) the return of the precious metal products you submitted to Provident. Additionally, Provident may apply any of your funds in its possession to pay any of your monetary obligations to Provident, may offset any monetary obligations that Provident has to you against any monetary obligations you have to Provident, and may suspend or terminate Your account. The suspension or the termination of Your account shall not affect Your obligations under this User Agreement.

You expressly authorize Provident to charge your credit card for all such amounts.

In addition, upon any failure by You to comply with Your obligations to Provident, Provident shall have all of the rights and the remedies available to Provident, whether at law, in equity, or otherwise, including without limitation, rights and remedies under this User Agreement. Without limiting or waving any of such rights and/or remedies, Provident may turn Your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Provident in exercising any right or any remedy shall operate as a waiver of such right or such remedy, and any partial exercise of any right or any remedy shall not preclude or constitute a waiver of further exercise of that right or that remedy, or the exercise of any other right or any other remedy.

Costs and Expenses of Collection

In the event that Provident must take any action against You to enforce Your obligations under this User Agreement, including, without limitation, turning Your account over to a collection agency or a lawyer for collection, You shall pay all of the costs and the expenses incurred by Provident, including, without limitation, reasonable attorneys' fees, in connection with such action.

Limitation of Liability

You are subject to the Disclaimers contained in this User Agreement, and the limitations of liability and other policies adopted by Provident, all as set forth herein. In the event that, notwithstanding such limitations of liability and Disclaimer, Provident is determined to be liable to You in connection with any transaction between Provident and You, or Your use of this Website, Your exclusive remedy and Provident’s entire liability, if any, for any claims arising out of such transaction or Your use of this Website shall be limited to the greater of one of the following: (1) the amount, if any, that You paid in the transaction; or (2) $100.

IN NO EVENT SHALL PROVIDENT OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY(S), DIRECTORS, OFFICERS, OR MANAGERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION BETWEEN PROVIDENT AND YOU (EXCEPT AS SET FORTH HEREIN), OR THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

Force Majeure

If Provident cannot perform any of its obligations hereunder as a result of any event that is beyond its control, Provident's delay or failure to perform such obligation shall be excused and Provident shall not be liable to You, for damages or otherwise, as a result of, or in connection with, such delay or such failure.

Requests for Additional Information

You hereby agree to, and shall, execute and deliver such other documents, provide additional information, and take such other actions as may be reasonably requested by Provident to carry out this User Agreement.

Forum Selection

Any proper court located in Rockwall County, Texas shall have exclusive jurisdiction of all disagreements and/or disputes between Provident and You. Any action to resolve such disagreements or disputes must be brought exclusively in such courts. You hereby consent to the personal jurisdiction of those courts for the purpose of resolving such disagreements or disputes, and You waive all objections to the jurisdiction of such courts.

Choice of Law

This User Agreement shall be governed by, and interpreted in accordance with, the laws of the state of Texas, without regard to conflict of laws principles.

Waiver of Jury Trial; Arbitration

Both Provident and You waive the right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this User Agreement and/or any transaction between You and Provident.

Absence of Relationship

The sole relationship between Provident and You is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Provident and You exists.

Assignment

You may not assign this User Agreement or any of Your rights or Your obligations under this User Agreement without the prior written consent of Provident, which may be granted or withheld by Provident in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Provident and You.

Termination

Either Provident or You may terminate this User Agreement, with or without cause, at any time by written notice to other party. The termination of this User Agreement shall not affect the rights and the obligations of Provident and You with respect to the period prior to the termination.

Privacy Policy

Privacy Philosophy

Provident respects your privacy and any information you give us is held in the utmost care and security. Provident does not sell, rent, loan, or share any information regarding its customers to any third party.

Use of Information Gathered

Provident will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are your name, postal address, email address, phone number, and credit card information. This information is required to complete your orders. Provident may share non-personal aggregate or summary information regarding its customers with partners or other third parties, but Provident does not share or sell any personally-identifiable information.

Provident uses analytics solutions including Google Analytics to collect anonymous data about your interactions with our website. These analytics features use cookies and other identifiers to collect anonymous data related to your use of our website (for example, your IP address, web pages viewed, and purchases). The information gathered allows us to improve our website and your customer experience. You can opt-out of allowing Provident to collect this information via Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

Subject to Applicable Laws and Regulations

Although this Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited

Discounted Pricing

You will receive a 4% cash discount off our list price when you use a personal check, money order, cashiers check, or bank wire to pay for your order, and a 3% bitcoin discount off our list price when you pay for your order using Bitcoin. When you pay with your credit card or Paypal account you will receive our industry leading list price.

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