Table of Contents
01 – Introduction
02 – Privacy Policy
03 – Proprietary Rights
04 – Account Creation & Risk of Loss
05 – Mobile Messaging, SMS & Telemarketing Consent
06 – Telemarketing Disclosures (Federal & Florida)
07 – Prohibited Actions
08 – Security
09 – Submitted Materials
10 – Third-Party Websites
11 – Indemnification
12 – Disclaimers
13 – Limitation of Liability
14 – Release
15 – Claims of Infringement
16 – Termination
17 – Severability
18 – Arbitration & Jury Waiver
19 – General Provisions
20 – Contact Us
01
Introduction
Welcome to American Sovereign Bullion LLC (“American Sovereign Bullion,” “we,” “our,” or “us”), a Nevada limited liability company authorized to conduct business in the State of Florida. This website and all related subdomains (the “Site”) are owned and operated by American Sovereign Bullion LLC.
By accessing or viewing the Site, or by participating in or using any service offered through this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms”). These Terms constitute a legal contract between you and American Sovereign Bullion. If you are using the Site or Services on behalf of a company or other legal entity, such entity shall also be considered a party to these Terms. This Site is not intended for use by persons under the age of 18.
American Sovereign Bullion reserves the right, in its sole discretion, to modify, add, or remove any portion of these Terms at any time. Changes will be posted on this page and will become effective upon posting. Your continued use of the Site following any such modification constitutes your acceptance of the revised Terms. We also reserve the right to modify, suspend, or discontinue the Site or any Service at any time without prior notice.
02
Privacy Policy
American Sovereign Bullion is committed to protecting the privacy and security of our customers’ information. Our Privacy Policy, which is incorporated into and made a part of these Terms, explains how we collect, use, and share information obtained through your use of the Site and Services.
By using this Site, you consent to the collection and use of your information as described in our Privacy Policy. Depending on the jurisdiction in which you reside, additional opt-out rights may be available to you as set forth in the Privacy Policy. We encourage you to review the Privacy Policy carefully before using our Services.
03
Proprietary Rights
You acknowledge that this Site contains content protected by copyright, trademark, trade dress, patent, and other proprietary rights (collectively, “Content”), and that such rights are valid and enforceable in all forms, media, and technologies now known or hereafter developed. Unless otherwise indicated, American Sovereign Bullion LLC or its licensors own all Content on this Site, including without limitation all text, graphics, logos, photographs, videos, artwork, computer code, layout, design, and the overall “look and feel” of the Site.
Your access to and use of the Site does not grant you any ownership interest in any Content. You agree to comply with all applicable copyright and trademark laws. You may not reproduce, transmit, modify, distribute, sell, or create derivative works based on any Content, in whole or in part, without our prior written consent. You may print Content for personal, non-commercial use only, provided that all proprietary notices are preserved.
Permission to use Content from this Site must be requested in writing by contacting us at info@asbgold.com.
04
Account Creation & Risk of Loss
If you open a purchasing account or request to be contacted by one of our Precious Metals Specialists, you agree to provide accurate, current, and complete information and to update that information promptly to maintain its accuracy. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
American Sovereign Bullion will not be liable to you or any third party for any suspension or termination of your account access. Risk of loss and title for all physical precious metals purchased through our Site or Services passes to you upon delivery to our designated carrier. We strongly recommend that all shipments be insured.
You acknowledge that all investments in physical precious metals involve risk. Past performance is not indicative of future results. Prices for gold coins and bullion fluctuate based on market conditions, and American Sovereign Bullion makes no guarantee that any products purchased will appreciate in value.
05
Mobile Messaging, SMS & Telemarketing Consent
Express Written Consent — Required Before Contact
In compliance with the federal Telephone Consumer Protection Act (47 U.S.C. § 227) (“TCPA”), the FCC’s implementing regulations, the Florida Telephone Solicitation Act (Fla. Stat. §§ 501.059, 501.601–501.626) (“FTSA”), and the FTC Telemarketing Sales Rule (16 C.F.R. Part 310), American Sovereign Bullion will not place telemarketing calls, send automated or pre-recorded messages, or send marketing text messages to you unless you have provided prior express written consent specifically authorizing American Sovereign Bullion to do so.
By submitting your mobile phone number through any form, landing page, or opt-in mechanism on this Site, you confirm that:
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You are 18 years of age or older and the authorized user of the mobile number provided;
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You are voluntarily providing your express written consent, as defined under the TCPA (47 C.F.R. § 64.1200) and Florida law, for American Sovereign Bullion LLC to contact you at the number provided;
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Such consent specifically and individually authorizes American Sovereign Bullion LLC — and no other seller — to contact you via calls (including those using an automatic telephone dialing system or artificial/pre-recorded voice), text messages, or ringless voicemail for marketing and sales purposes related to precious metals products and services;
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You understand that consent is not a condition of purchasing any goods or services;
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Standard message and data rates may apply; and
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Your wireless carrier is not liable for delayed or undelivered messages.
Telemarketing Call Hours
In compliance with Fla. Stat. § 501.616 and federal TSR requirements, American Sovereign Bullion will not place telemarketing calls to you before 8:00 a.m. or after 8:00 p.m. in your local time zone.
Caller Identification
In compliance with Florida law, American Sovereign Bullion will not block, spoof, or otherwise prevent its name or telephone number from being displayed on your caller identification system. Within the first 30 seconds of any call, our representative will identify themselves by name, the company they represent, and the goods or services being offered.
Opt-Out / Revocation of Consent
You may revoke your consent to receive marketing calls or text messages at any time and through any reasonable means, including:
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Replying STOP, QUIT, CANCEL, UNSUBSCRIBE, or END to any SMS message you receive from us;
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Stating clearly during any call that you do not wish to be contacted again;
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Sending a written revocation request to info@asbgold.com; or
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Any other clear and unambiguous communication of your desire to opt out.
After opting out, you will receive a single confirmation message and no further marketing communications unless you affirmatively opt back in.
National Do Not Call Registry
American Sovereign Bullion honors the National Do Not Call Registry maintained by the FTC. If your phone number is listed on the National DNC Registry and you have not provided us with prior express written consent or established a business relationship with us within the preceding 18 months, we will not contact you for telemarketing purposes.
We also maintain an internal Do-Not-Call list. To add your number to our internal list, contact us at info@asbgold.com. We honor internal DNC requests immediately and indefinitely.
Cancellation Rights for Telephone Sales
In accordance with Fla. Stat. § 501.615, if you agree to purchase goods or services through a telemarketing call, you have the right to cancel the agreement within three (3) business days of the date of the transaction. To cancel, you must notify American Sovereign Bullion in writing at the address listed in Section 20. Upon valid cancellation, you are entitled to a full refund of any payment made. Any written sales contract provided to you will conspicuously disclose your cancellation rights, our license number, and our street address, as required by Florida law.
06
Telemarketing Disclosures (Federal & Florida)
This section provides required disclosures for American Sovereign Bullion’s national telemarketing operations in compliance with:
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The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227;
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FCC Regulations, 47 C.F.R. § 64.1200;
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FTC Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310;
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Florida Telemarketing Act, Fla. Stat. §§ 501.601–501.626;
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Florida Telephone Solicitation Act, Fla. Stat. § 501.059; and
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Applicable state telemarketing laws where our customers reside.
Licensing
American Sovereign Bullion LLC is licensed as a commercial telephone seller with the Florida Department of Agriculture and Consumer Services (FDACS) as required by Fla. Stat. § 501.605. All sales representatives engaged in telephone solicitation on behalf of American Sovereign Bullion are licensed salespersons under Florida law. Our license information is available upon request.
Prohibited Practices
American Sovereign Bullion does not and will not:
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Make or cause to be made calls before 8:00 a.m. or after 8:00 p.m. local time of the called party;
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Use caller ID spoofing or blocking;
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Make misrepresentations regarding the characteristics, price, quality, availability, or investment potential of any product;
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Contact any person who has previously requested not to be called; or
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Use automated or pre-recorded messages without prior express written consent.
Multi-State Compliance
American Sovereign Bullion operates nationally and is committed to complying with the telemarketing laws of each state in which it contacts customers. State-specific rights and disclosures that differ materially from the foregoing will be provided to customers in those states at the time of contact or upon request. Customers in states with additional consumer protections (including but not limited to California, New York, Texas, Nevada, and other states with state-level DNC lists or telemarketing licensing requirements) are encouraged to contact us at info@asbgold.com to request state-specific disclosures.
07
Use of Account & Prohibited Actions
American Sovereign Bullion reserves the right to refuse service, cancel orders, remove content, or terminate accounts at its sole discretion. You agree to provide true, accurate, current, and complete information in connection with your use of the Site and Services and to use your account only for lawful purposes.
The following actions are strictly prohibited:
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Using the Site for any fraudulent or unlawful purpose;
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Attempting to gain unauthorized access to the Site or accounts;
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Uploading files containing viruses, malware, or corrupted data;
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Uploading content that infringes third-party rights;
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Overburdening our servers or network infrastructure;
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Using automated tools to crawl or harvest data; or
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Misrepresenting your identity or affiliation.
You agree to notify American Sovereign Bullion immediately of any unauthorized use of your account at info@asbgold.com.
08
Security
Violating the security of the Site or our Services is prohibited and may result in both civil and criminal liability. We investigate all reported security incidents and cooperate fully with law enforcement where criminal conduct is suspected. Security violations include, without limitation:
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Unauthorized access to or use of our systems or data;
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Probing, scanning, or testing for security vulnerabilities without authorization;
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Unauthorized monitoring of network traffic or communications;
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Attempting to overload, disrupt, or interfere with service for any user or host;
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Forging TCP/IP headers, email headers, or any part of a message header; or
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Using automated tools to circumvent security or access controls.
09
Submitted Materials
Please be advised that transmission of sensitive or financial information via unencrypted email is not secure. Any confidential information we request should be submitted through a secure channel as directed by our team.
Unless specifically requested, American Sovereign Bullion does not wish to receive confidential, proprietary, or trade secret information from you via the Site. If you nevertheless submit any materials, ideas, concepts, feedback, or other content (“Submitted Material”), you grant American Sovereign Bullion a royalty-free, irrevocable, worldwide, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such Submitted Material in any media now known or hereafter developed, including for commercial purposes.
By submitting materials, you represent that you own or have the right to provide the Submitted Material and that it does not infringe any third-party rights.
10
Third-Party Websites
This Site may contain links to third-party websites (“Linked Sites”). American Sovereign Bullion does not control, endorse, or accept responsibility for the content, accuracy, or privacy practices of any Linked Sites. When you navigate away from our Site, you are subject to the terms and conditions of the applicable third-party website.
Any correspondence, transactions, or dealings you have with third parties found on or through this Site are solely between you and such third parties. American Sovereign Bullion shall not be liable for any loss, damage, or claim arising out of such dealings, and you agree to indemnify us for any claims resulting therefrom.
11
Indemnification
You agree to defend, indemnify, and hold harmless American Sovereign Bullion LLC, its members, managers, officers, employees, affiliates, agents, successors, and assigns from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
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Your use of or access to the Site or Services;
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Your violation of any provision of these Terms;
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Your violation of any applicable law, regulation, or third-party right; or
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Any content or materials you submit, post, or transmit through the Site.
12
Disclaimers
The information and statements contained on this website represent the opinions of American Sovereign Bullion and are provided for informational purposes only. Past performance of precious metals is not an indication of future results.
Precious metals, including gold coins and bullion, involve risk. Their market value may appreciate, depreciate, or remain unchanged depending on economic conditions, geopolitical events, supply and demand, and other factors beyond our control. American Sovereign Bullion LLC makes no guarantee, and no representation, that any metals purchased will appreciate in value or generate a profit.
The decision to purchase or sell precious metals is solely the customer’s decision and should be made based on their own independent research, financial assessment, and judgment. American Sovereign Bullion does not provide investment, legal, retirement planning, or tax advice. Customers are encouraged to consult qualified investment, legal, and tax professionals before making any precious metals purchase.
THE CONTENT ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AMERICAN SOVEREIGN BULLION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN SOVEREIGN BULLION LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES — INCLUDING ANY LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS INTERRUPTION — WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AMERICAN SOVEREIGN BULLION’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO AMERICAN SOVEREIGN BULLION, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ANY CAUSE OF ACTION ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF ACCRUAL; OTHERWISE IT IS PERMANENTLY BARRED.
13
Limitation of Liability
14
Release
In the event that you have a dispute with any other user of the Site or with any third party encountered through the Site or Services, you hereby release American Sovereign Bullion LLC (and its members, managers, officers, employees, affiliates, and agents) from all claims, demands, and damages — actual and consequential — of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
15
Claims of Infringement
American Sovereign Bullion respects the intellectual property rights of others and expects users of our Site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged copyright infringement submitted to our designated Copyright Agent.
To submit a valid DMCA Notice, please include:
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Identification of the copyrighted work(s) claimed to have been infringed;
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Identification of the allegedly infringing material and its location on our Site;
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Your contact information (name, address, telephone number, and email);
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A statement of good-faith belief that the use is not authorized;
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A statement, under penalty of perjury, that the information is accurate; and
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Your electronic or physical signature.
Deliver completed DMCA Notices to our Copyright Agent at the address listed in Section 20. Please note that you may be liable for damages, including attorneys’ fees, if you materially misrepresent that content is infringing.
16
Termination
American Sovereign Bullion reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Site, the Content, or the Services at any time and for any reason, with or without prior notice or liability. You may terminate your use of our Services at any time by ceasing to access the Site. Termination of these Terms shall not affect any obligations that, by their nature, are intended to survive termination, including without limitation Sections 3, 9, 11, 12, 13, 14, 17, 18, and 19.
17
Severability
If any provision of these Terms is found to be invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions shall remain in full force and effect.
18
Arbitration & Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any and all disputes, claims, or controversies arising out of or relating to these Terms of Use, the Privacy Policy, or your use of the Site or Services — including any dispute regarding the validity or enforceability of this arbitration clause — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
The place of arbitration shall be Palm Beach County, Florida. The arbitration shall be governed by the laws of the State of Florida. Each party shall bear its own costs and expenses, and the parties shall share equally the arbitrators’ fees and administrative costs. The award rendered by the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
By agreeing to these Terms, you expressly waive your right to bring a lawsuit in court and your right to a trial by jury to the fullest extent permitted by law. You retain the right to consult legal counsel before accepting these Terms.
Notwithstanding the foregoing, nothing in this Section shall be construed to waive, limit, or otherwise affect any statutory rights you may have under the TCPA, the FTSA, or any other applicable federal or state consumer protection law, including the right to bring an individual claim in small claims court for matters within that court’s jurisdiction.
19
General Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 18, the exclusive jurisdiction and venue for any action arising under these Terms shall be the state and federal courts located in Palm Beach County, Florida, and you hereby submit to the personal jurisdiction of such courts.
You may not assign or delegate any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision is void. American Sovereign Bullion may freely assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and American Sovereign Bullion. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future. These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and American Sovereign Bullion with respect to your use of the Site and Services.
20
Contact Us
If you have questions about these Terms, our Privacy Policy, telemarketing disclosures, or any aspect of our Services, please reach out through any of the following channels:
General Inquiries: info@asbgold.com
Legal / DMCA: info@asbgold.com
Compliance / DNC Requests: info@asbgold.com
Security Issues: info@asbgold.com
Website: www.americansovereignbullion.com and www.asbgold.com