MASS METAL SilverSaver® TERMS AND CONDITIONS

INTRODUCTION

Mass Metal, L.L.C. ("Mass Metal") is a limited liability company organized under the laws of the state of Kansas, United States of America. Upon opening an account with Mass Metal the account holder ("Saver") agreed to be bound by these Terms and Conditions Mass Metal Policies and Procedures as such may be amended from time to time. Mass Metal provides services intended to assist Saver's acquisition, ownership, and sale of precious metals and such activities by Saver shall be subject to these Terms and Conditions.

RISK FACTORS

A. Saver acknowledges that Saver is responsible for determining the suitability and prudence of purchasing precious metals by and through the SilverSaver® Program or related similar precious metal saving programs. Saver understands that Mass Metal assumes no responsibility for Saver's determination regarding a purchase of precious metals through SilverSaver®. Saver assumes full responsibility for each and every transaction in and for its own account and that Mass Metal and its affiliates have no liability whatsoever for the result of Saver's strategies, transactions, and decisions.

B. Except as otherwise specified in writing signed by an officer of Mass Metal, Mass Metal does not and shall not provide Saver with any legal, tax, estate planning, or accounting advice or advice regarding the suitability, profitability, or appropriateness of any strategy, transaction, or decision relating to Saver's purchase of precious metals through SilverSaver®. Saver acknowledges that Mass Metal employees are not authorized to give advice regarding legal, tax, estate planning, or accounting related matters and Saver will neither solicit nor rely on any such advice from any Mass Metal employees.

C. Saver acknowledges that Mass Metal assumes no responsibility for and does not guarantee the accuracy, completeness, or usefulness of information, commentary, or any other recommendations or advice contained in any materials or communications provided to Saver through the SilverSaver® Program. Mass Metal is not responsible and does not guarantee the accuracy, completeness, or usefulness of information provided by its affiliates or information obtained by Saver from any source.

D. Saver acknowledges the purchase of precious metals involves risks including, but not limited to: fluctuation in market price resulting from a perceived scarcity of metal; general economic conditions; war; famine; political unrest; weather; natural causes; acts of God; terrorist attacks; strikes; labor dispute or similar problems; governmental actions and interventions; exchange or market rulings; or suspension of trading of precious metals; and many additional factors.

PRIVACY POLICY

All Saver account information will be treated as confidential information by Mass Metal subject only to applicable laws, regulations, or court orders requiring the disclosure of such confidential information. Mass Metal does not sell, rent, loan, trade, or lease any personal information collected from its Savers Privacy Policy.

TERMINATION

These Terms and Conditions shall remain in effect and bind both the Saver and Mass Metal until such time as the Saver's account is closed. Mass Metal may, in its absolute and complete discretion, terminate the Saver account for any reason whatsoever including, but not limited to, the breach of these Terms and Conditions by the Saver. Upon termination, the Saver's account shall remain subject to all applicable fees, charges, and expenses related to such account and the balance thereof calculated as of the date of the termination shall be payable to the Saver as the Saver shall instruct, and in the absence of any such instruction, by mailing certified funds to the last known address of the Saver.

DEFAULT

If Saver shall fail to perform any of its obligations required in these Terms and Conditions, Mass Metal may notify the Saver in writing of such default and if Saver fails to cure such default within 10 days of such written notice, in addition to all other remedies available at law or in equity, Mass Metal shall have the right to:

A. immediately terminate Saver's account; or

B. seek injunctive relief to compel the performance or payment of amounts due pursuant to these Terms and Conditions.

In the event of a default by Saver, in addition to all other remedies, Mass Metal shall be entitled to recover from the Saver, its reasonable attorneys' fees and court costs incurred to enforce performance or collect the amounts due pursuant to these Terms and Conditions. Nothing in these Terms and Conditions shall be construed as a limitation on the rights and remedies available to Mass Metal in the event of a default by a Saver. In the event of a default in the payment of any amount due pursuant to these Terms and Conditions, interest shall accrue at the lesser of 12% per annum or the highest rate allowed by law from the date or dates such amounts were due.

ABSENCE OF RELATIONSHIP

The relationship of Saver with Mass Metal does not create any relationship other than purchaser and seller. Nothing in these Terms and Conditions or arising out of Saver's creation of an account with Mass Metal shall be deemed or construed to create any other relationship including, but not limited to, any agent-principal relationship, partnership, employer-employee relationship, franchisee-franchisor relationship, or any joint venture relationship.

ASSIGNMENT

Saver may not assign its account or these Terms and Conditions or any of Saver's rights or responsibilities under these Terms and Conditions without the prior written consent of Mass Metal, which may be granted or withheld at Mass Metal's sole discretion. These Terms and Conditions shall be binding on the successors and assigns of Mass Metal.

GOVERNING LAW AND VENUE

These Terms and Conditions and all arrangements governing Saver's account with Mass Metal shall be governed by and construed in accordance with the laws of the state of Kansas, United States of America. Saver acknowledges and agrees to the exclusive venue and jurisdiction of the state and federal courts situated in the state of Kansas, United States of America in the event of any disagreements, disputes, or litigation regarding these Terms and Conditions or Saver's account with Mass Metal. Saver hereby consents to the personal jurisdiction of the state courts of the state of Kansas, United States of America and the federal courts located in the state of Kansas, United States of America for purposes of resolving such disagreements, disputes, or litigation and hereby waives all objections to the jurisdiction of such state and federal courts.

WAIVER OF JURY TRIAL

Mass Metal and Saver hereby waive their respective rights to trial by jury in connection with any disagreement, dispute, or litigation resulting from or in connection in anyway with these Terms and Conditions, Saver's account with Mass Metal and any transactions related thereto.

FORCE MAJEURE

If Mass Metal cannot perform any obligation under these Terms and Conditions as a result of any event beyond Mass Metal's control, including, but not limited to: scarcity of metal; war; famine; political unrest; weather; natural causes; acts of God; terrorist attacks; strikes; labor disputes or similar problems; governmental actions and interventions; exchange or market ruling; or suspension of trading of precious metals. Mass Metal's delay or failure to perform such obligations shall be excused, and Mass Metal shall have no responsibility for damages of any sort as a result of, or in connection with, such delay or failure.

FURTHER AGREEMENTS

If Mass Metal cannot perform any obligation under these Terms and Conditions as a result of any event beyond Mass Metal's control, including, but not limited to: scarcity of metal; war; famine; political unrest; weather; natural causes; acts of God; terrorist attacks; strikes; labor disputes or similar problems; governmental actions and interventions; exchange or market ruling; or suspension of trading of precious metals. Mass Metal's delay or failure to perform such obligations shall be excused, and Mass Metal shall have no responsibility for damages of any sort as a result of, or in connection with, such delay or failure.

NOTICES

Except as otherwise provided in these Terms and Conditions, any notice or other communication by Saver to Mass Metal shall be directed to the Resident Agent of Mass Metal in the state of Kansas, United States of America. Except as otherwise provided in these Terms and Conditions, all notices or other communications to Saver shall be directed, at the option of Mass Metal, to Saver's postal address on record with Mass Metal, to Saver's email address provided to Mass Metal, or via the provided internal secure messaging system. It is Saver's responsibility to ensure that it has reliable email service which will allow messages from Mass Metal to be delivered without interference. Mass Metal is entitled to rely on Saver's receipt and acceptance of the content of an email if within three (3) calendar days of the transmission no response by Saver by has been received by Mass Metal. Saver acknowledges that emails from Mass Metal are not encrypted.

RECORDING OF COMMUNICATIONS

Mass Metal may record or otherwise memorialize communications between Saver and Mass Metal, and Saver acknowledges and consents to such recording or other memorialization of such communications between Saver and Mass Metal.

SEVERABILITY

These Terms and Conditions are intended to be enforceable to the full extent permitted by law. If any provision of these Terms and Conditions is held to be unenforceable for any reason, the remaining provisions of these Terms and Conditions shall remain in full force and effect.

AMENDMENT

Mass Metal may amend these Terms and Conditions at any time upon posting the amended Terms and Conditions on Mass Metal's website and giving 30 days notice to Saver.

ENTIRE AGREEMENT

These terms and conditions, as such may be amended from time to time, set forth the entire understanding between Saver and Mass Metal regarding the subject matter of these Terms and Conditions.

STORAGE

Saver acknowledges that following its purchase of precious metals, the Saver's precious metals will be held in storage facilities selected by Mass Metal pursuant to a storage agreement between Mass Metal and a storage provider selected by Mass Metal. The precious metal Saver purchases will remain titled in Saver's name and be held in Saver's name at such storage facility subject to Mass Metal's storage arrangements with such storage provider. Mass Metal agrees to pay to the vault storage provider the associated fees for storage of the precious metals owned by Saver. Saver acknowledges that Saver's ownership of precious metals does not necessarily relate to a specific bar, but rather, relates to a specific quantity of precious metal.

REWARDS PROGRAM

Mass Metal provides its Savers rewards in certain circumstances all in accordance with the Rewards Program. The Rewards Program may be amended by Mass Metal from time to time upon posting the amended Rewards Program on Mass Metal's website and giving 30 days notice to Saver. A full description of the Rewards Program may be found on Mass Metal's SilverSaver® website.

FEES

Mass Metal may assess fees to Saver for any storage of the precious metals owned by Saver which are held in any facility selected by Mass Metal for such purpose. Saver authorizes Mass Metal to deduct on a monthly basis from Saver's account the storage fees or any other fees and charges accrued by Saver while Saver participates as a Saver with Mass Metal.

WITHDRAWAL OR LIQUIDATION REQUESTS

Saver shall be entitled to withdraw its precious metals from any storage facility selected by Mass Metal, subject to any unpaid storage fees. Saver shall be entitled to cause its precious metal to be liquidated and the balance of proceeds after deduction of any unpaid storage fees shall be distributed to Saver. Withdrawal or liquidation requests will be processed in a timely manner. In order to protect against fraud in Saver's account, physical delivery of metal may be delayed by Mass Metal in order to verify accuracy and receipt of all funds for the acquisition of such precious metal.

INTELLECTUAL PROPERTY

Saver acknowledges that Mass Metal has invested substantial time and money in creating proprietary intellectual property which is owed solely by Mass Metal. Saver acknowledges that all of the intellectual property rights owned by Mass Metal including, but not limited to: trademarks; service marks; trade names; copyright; patents; and related intellectual property rights; are and shall remain the sole property of Mass Metal. Saver warrants and represents that Saver will not tamper with, modify, reverse engineer, gain unauthorized access to, or anyway alter any of the intellectual property owned by Mass Metal or maintained on the Mass Metal website.

IDENTIFICATION PROCESS

Saver represents and warrants that the information provided on Saver's account application is current, accurate, truthful, and complete. Saver agrees to notify Mass Metal of any change to the information provided on Saver's account application promptly, but in any event, not less than 30 days from the date of any change of such information. Saver agrees to provide any information reasonably requested by Mass Metal to verify Saver's identity including providing items of photographic identification. Any accounts held by a fiduciary shall be subject to these Terms and Conditions, and Mass Metal has no obligation or duty to review any action or inaction by such fiduciary with respect to an account. Mass Metal is not responsible for determining whether a fiduciary's action or inaction satisfies any standard of care applicable to such fiduciary's handling of an account. In the event an account remains dormant for a period exceeding 7 years, Mass Metal will give notice of such dormant account to the account owner at the last-known notice address for the account owner on record with Mass Metal. If the account owner does not claim ownership of such account within 180 days of such notice, Mass Metal shall have the right to liquidate the precious metal, receive from the proceeds thereof all outstanding accrued charges and fees relating to such account, including Mass Metal's attorneys fees and costs incurred in handling such dormant account, and the balance of the proceeds will be remitted to the Kansas State Treasurer in accordance with K.S.A. 75-4215.

ELECTRONIC SIGNATURE

Saver's electronic signature with Mass Metal is valid evidence of Saver's consent to be legal bound by these Terms and Conditions and any other agreements between Saver and Mass Metal. An electronically stored copy of these Terms and Conditions and Saver's account application and any related documents shall be considered the true, complete, valid, authentic, and enforceable record of such documents and shall be admissible in judicial proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. Saver agrees not to contest the admissibility or enforceability of any electronically stored copies of such documents in any proceeding arising out of these Terms and Conditions or Saver's account with Mass Metal.


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