Terms & Conditions

Last updated: November 13, 2024

By accessing, browsing and/or using the website located at https://colonialmetalsgroup.com (the “Site”), in addition to any of its other web properties (the “CMG Sites”), you represent that you are at least 18 years old and that you are legally able to enter into this agreement. You further acknowledge that you have read, understand, and agree to be bound to these Terms & Conditions (“Terms”) (including the arbitration and class action waiver provisions below), the Privacy Policy and to comply with all applicable laws and regulations. Colonial Metals Group LLC, Market Ridge, LLC, and each of their respective officers, directors, members, owners, employees, agents, and representatives are collectively incorporated into and included in any reference to the Site, “CMG”, “Us”, “Our”, and/or “We” herein. Each party is individually referred to herein as a “Party” and collectively as the “Parties.”

Agreement Acceptance

By accessing, using, or submitting information to the Site or any of the CMG Sites, you agree to comply with and be bound by the following Terms, and the Privacy Policy (collectively, the “Agreement”), in addition to any and all other applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site and/or the CMG Sites in any manner or form.

This Agreement constitutes the entire and only agreement between you and CMG with respect to your use of this Site and/or the CMG Sites, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the Site and/or the CMG Sites. As such, you agree to the terms set forth in this Agreement with respect to your use of the Site and/or the CMG Sites. We may amend the Agreement from time to time in Our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and the CMG Sites, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or the CMG Sites, you hereby agree to comply with and be bound by all of the terms contained within the Agreement effective at that time.

Description of the Site

The Site provides users with precious metals self-directed IRA guides, resources, materials, and an opportunity to apply for certain services (the “Services”). To the extent that you indicate that you wish to receive more information regarding Our Services, We may request the following information: your first name, last name, email address, and phone number. We may use this information to send you the requested materials, and information that may be of interest to you, including by the methods indicated in the Site’s consent form.

Your Use of the Site

The Site and CMG Sites contain intellectual property, including but not limited to copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and trade secret rights, and all other intellectual property rights and derivatives thereof (“Intellectual Property”), which are owned by CMG. We hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Site and/or the CMG Sites, subject to these Terms. No other use of the Site and/or CMG Sites is authorized, and the design and layout of the Site and CMG Sites are specifically excluded from the above limited license. Framing of the Site and CMG Sites is strictly prohibited. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any Intellectual Property right of the Site and CMG Sites. We may terminate this license at any time for any reason, and reserve the right to prohibit you from accessing the Site and any of the CMG Sites.

You are prohibited from violating or attempting to violate any security features of the Site and/or CMG Sites, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site and/or the CMG Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site and/or the CMG Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) attempting to, or modifying, removing, disabling, or circumventing any proprietary notices or labels, copyright, logo, trademark, or any other intellectual property notices contained on the Site or in the materials or links featured on the Site and/or the CMG Sites; (e) copying or creating derivative works of the Site and/or the CMG Sites, or that otherwise infringe CMG’s Intellectual Property; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site and/or the CMG Sites. Any violation of system or network security may subject you to civil and/or criminal liability.

Personal Data & Privacy

All personal information that you provide to Us through the Site and/or the CMG Sites is subject to Our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Policy Against Unsolicited Email Messages

We require that all emails promoting the Site and/or the CMG Sites are only sent to individuals who have agreed to receive such emails. We prohibit any advertising of the Site and/or the CMG Sites using unsolicited emails. If you feel that you have been sent an unsolicited email promoting the Site and/or the CMG Sites, please email us at support@colonialmetalsgroup.com. We will investigate all allegations made related to any unsolicited emails. You may also opt-out of receiving future emails by clicking on the unsubscribe link in the footer of any email advertising the Site and/or the CMG Sites.

E-Sign Consent

By entering the information requested in the prompts and/or fields on the Site and/or the CMG Sites and clicking “Send My FREE Guide”, “Submit” (or a similarly worded button) and submitting your request to Us, you confirm that you intend to sign and adopt such as Your electronic signature; and consent and agree that We may provide you with electronic communications and disclosures (collectively, “Communications”) via email at the email address you provided; and that your electronic signature on agreements and documents has the same effect as if you signed them in writing. You have the right to withdraw consent: to withdraw your consent at no charge, you may email us at support@colonialmetalsgroup.com. Withdrawal of your consent may result in termination of Your access to the Site, the CMG Sites, and/or the Services. Any withdrawal will be effective only after a reasonable period of time for Us to process the withdrawal. You are responsible for providing Us with true and accurate information, including Your contact information, and may update your information by emailing us. To access and retain the Communications, you will need the following: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper or in nonelectronic form. Please contact us at support@colonialmetalsgroup.com to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND/OR CMG SITES IS AT YOUR SOLE RISK. THE SITE AND CMG SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO RELIABLILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT YOU MAY OBTAIN BY USING THE SITE AND/OR CMG SITES. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE AND/OR CMG SITES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SITE AND/OR CMG SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS COLONIAL METALS GROUP, LLC, MARKET RIDGE, LLC, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, AND ASSIGNS (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, LOSS, HARM, DAMAGE, INJURY, COST, OR EXPENSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE AND PERSONAL INJURY, WHICH MAY OCCUR, IN WHOLE OR IN PART, DIRECTLY, OR INDIRECTLY, IN CONNECTION WITH YOUR USE OF THE SITE AND/OR CMG SITES, AS WELL AS FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO ANY PROPERTY OR EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE AND/OR CMG SITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEY’S FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE AND/OR CMG SITES, OR THE RELATIONSHIP OF THE PARTIES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE AND/OR CMG SITES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR CMG SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR CMG SITES.

Indemnification

You will indemnify, defend, and hold harmless Us (including the Released Parties) (collectively, the “Indemnified Parties”) from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to your breach of this Agreement, including but not limited to any breach of its representations and warranties; any other claim arising out of or related to your use of the Site and/or CMG Sites; your violation of any applicable law or regulation or right of a third party; and your acts or omissions. You shall cooperate as fully as reasonably required in defense of any such claim. You further agree to reimburse the Indemnified Parties for any costs (including any attorney’s fees) incurred in receiving, managing, and/or responding to any claim arising out of or related to your use of the Site and/or CMG Sites, and you agree to cooperate with Us and Our requests. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event that We determine, in Our sole discretion, that you have violated the Agreement, We shall have the right to immediately terminate your use of the Site and/or CMG Sites, and the related Services, in addition to electing to pursue any other remedies available to Us under applicable law.

Governing Law

The law of the State of California without reference to their rules regarding conflicts of law shall govern use of the Site and the CMG Sites, the validity and construction of this Agreement, and the interpretation of the rights and duties arising under such.

Arbitration and Class Action Waiver

Except as otherwise provided by applicable law, and except for any injunctive relief claims, any and all controversies and disputes arising in connection with use of the Site, CMG Sites, this Agreement (including the enforcement, interpretation, making, performance, breach, validity or termination thereof, of the Terms & Conditions or the Privacy Policy) shall be settled by binding arbitration administered by a single, neutral arbitrator appointed by JAMS in accordance with its Comprehensive Arbitration Rules & Procedures. The place of arbitration shall be at a JAMS location in Los Angeles, California. In addition to the laws of the State of California, the United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Except as precluded by the JAMS Consumer Arbitration Minimum Standards, irrespective of the outcome of arbitration, each Party shall bear its own costs and expenses, including its own attorney’s fees. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW OR BY A JUDGE OR JURY, AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

THE PARTIES ALSO HEREBY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site, CMG Sites, and/or this Agreement, must be brought within one (1) year after such claim or cause of action arose or be forever barred. Any action filed by either Party in any court in violation of this Section should be dismissed pursuant to this Section. You shall have thirty (30) days to opt out of the arbitration and class action waiver provisions contained in this Section. After thirty (30) days, these terms of this Section hereby become final and binding.

Severability

Each provision of this Agreement is intended to be severable, and the validity, legality, or enforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. If for whatever reason, any term or condition in this Agreement is determined to be unenforceable, then such provision will be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.

Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

Updates

These Terms were published and last updated on the date noted above. We have the right to update these Terms and the Privacy Policy from time to time, by posting the updated versions on the Site and/or CMG Sites. By using this Site and/or CMG Sites, you agree to be bound by any such revisions and should therefore periodically visit this Site and/or CMG Sites to determine the then-current Agreement to which you are bound. Your use of the Site and/or CMG Sites after such modifications will constitute your acknowledgment of the modified Agreement; and agreement to abide and be bound by the modified Agreement.

Contact Us

To contact Us with any questions or concerns, including regarding the Site, CMG Sites, or this Agreement, you may contact Us via email at support@colonialmetalsgroup.com, or by mail at 1200 Brickell Ave. Ste 1950 Miami, FL 33131.

Need More Information or Do You Need Extra Help?

Further, if you have a disability which interferes with your ability to access these Terms, we can make accommodations to present the Terms in an alternative format to assist you. If you would like to receive these Terms in another format that is accessible to your needs (for example: audio, large print, etc.), please contact Us.