Terms & Conditions
This agreement contains 10 sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in section 13 (Definitions). Underlined words in this Agreement and on our website hyperlink to relevant information.
1. Buying from Us
2. Sending Your Payment
3. Return Policy
4. Value
5. Selling to Us
6. Market Loss Policy
7. Binding Contract
8. General Provisions
9. Terms of Use
10. Definitions
1. BUYING FROM US
• A. MINIMUM SALES ORDERS
○ There is no minimum Sales Order for shipments within the U.S., regardless of the payment method. For any Sales Orders shipped outside of the United States, our minimum is $250.00 (USD) per transaction.
○ There is no maximum Sales Order. However, First Choice Group reserves the right to request a ten percent (10%) deposit on Sales Orders deemed “significant” by First Choice Group in its sole discretion, before we will accept and confirm the Sales Order and lock in prices. On Sales Orders greater than $500,000.00 (USD), we recommend that you contact our Sales Department at (737)-235-2157 to determine if a deposit will apply.
• B. SALES ORDER PRICE CONFIRMATIONS
○ When buying online from us, the price at which your Sales Order is submitted is the locked-in price. There are no added commissions. The only charges First Choice Group adds are for shipping, handling and insurance. Your confirmation number will be in the confirmation email. You must ensure that your payment is dated within 24 hours of the time of your confirmed Sale and received by First Choice Group within 2 Business Days of your confirmed Sale to realize your locked-in price.
• C. CANCELLATIONS OF SALES ORDERS WITH First Choice Group
○ Once we have issued a Sales Order confirmation, (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Sales Order is confirmed. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with First Choice Group. You have no right to cancel your Sales Order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your Sales Order(s). We reserve the right to cancel any Sales Order at any time and for any reason.
○ Any Sales Order cancellations are subject to a minimum thirty-five dollar ($35.00 USD) cancellation fee. Sales Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to First Choice Group has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you agree you have full responsibility and liability to First Choice Group for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to First Choice Group good funds for any cancellation fee and/or Market Loss. No future Orders by you may be permitted unless and until any Market Loss is paid in full. Upon written confirmation by First Choice Group of your payment of the $35.00 cancellation fee plus the Market Loss, we will forgive further action against and your responsibility for any breach by you and all resulting damages owed to First Choice Group.
• D. SALES ORDER CHANGES
○ Because a Sales Order may not be changed, we suggest you take the time up front to make sure what you want is exactly what you request from us as reflected in your Sales Order.
• E. SALES ORDER PAYMENT REQUIREMENTS
○ When you buy from us, you must ensure that your payment is received by First Choice Group within 1-4 Business Days from the date your Sales Order is placed to realize your locked-in price. If you default and payment is not timely received by First Choice Group, First Choice Group reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Sales Order; (c) close your account; and/or (d) preclude you from placing future trades or from making future Sales from First Choice Group.
○ It is always best to send us your payment immediately to complete your transaction with First Choice Group and avoid any possible default so you can realize the locked-in price as of your confirmation time. When making payment by mail or wire, we recommend making payment the same day your Sales Order is placed and, when mailing payment, that you use a courier service that offers priority delivery and which provides you with a tracking number to ensure timely delivery and tracking capabilities.
2. SENDING YOUR PAYMENT
○ Payment instructions will be issued online on the final page of the online Sales Order process and again by email after you place your Sales Order. Payment must be dated within 24 hours of your Sales Order date. If you default and you do not meet these requirements, First Choice Group reserves the right to cancel Sales Orders. First Choice Group does not accept C.O.D. Sales Orders. We reserve the right to refuse or cancel any Sales Order at any time, including if it is deemed questionable or of significant risk to First Choice Group regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever.
• A. PAYMENT OPTIONS
Personal or Business Check
Bank Wire
Credit Card
PayPal
eCheck
Sales Orders in U.S. dollars (USD).
3. RETURN POLICY
○ We want our customers to be satisfied with their sales at First Choice Group. At your request, we may, but are not obligated to, provide you with an opportunity to exchange a Product for an identical Product in the event of a material defect. If we agree to do so, such exchange must be made within seven (7) days from the date on which the customer receives his or her Product(s) and only to those customers who timely and properly notify our Customer Service Department by telephone at (737)-235-2157, and who receive written confirmation that the exchange request has been approved. If approved, the Customer Service Department will give you instructions on how to exchange your items.
○ Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by Customer Service, including carefully packaging the Product. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. First Choice Group reserves the right, at its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, we reserve the right to accept or refuse the exchange request in our sole discretion, and to require you to pay for any Market Loss on approved exchanges. Any Market Gain on refunds shall vest in and remain the property of First Choice Group.
4. Value
○ The value of a Bullion Coin (e.g., American Eagles or Canadian Maple Leafs) is affected by many economic factors, including the current market price of Bullion the perceived scarcity of the Coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
○ Therefore, because both Bullion and Coins can go down in price as well as up, investing in them may not be suitable for everyone. Because all investments, including Bullion and Coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a Bullion or Coin investment. Please consult your financial advisor.
○ First Choice Group does guarantee that every item that we sell is genuine and that all Precious Metal items do contain the weight, fineness, and purity that we have advertised. However, all investments, of every type, involve some level of risk and Precious Metals are no exception. Like many markets, the Precious Metals market is speculative, and it is unregulated. The value of any Bullion item is generally determined by current spot price of the underlying Precious Metal, and by the supply and demand for these particular items. These prices will fluctuate throughout the day while the Precious Metals market is open. If you are considering purchasing Precious Metals as an investment, you should assess the stability of the current market and contact your financial advisor for all advice.
5. SELLING TO US
• A. MINIMUM TRANSACTION SIZE FOR PURCHASE ORDERS
○ When you sell your items to us, our minimum Purchase Order amount is $1,000.00 (USD).
• B. PHYSICAL DELIVERY FOR PURCHASE ORDERS
○ You may deliver your Precious Metals to our pre-approved depository or drop off location.
• C. DELIVERY TERMS FOR PURCHASE ORDERS
○ Once your Purchase Order is confirmed, you may not cancel and are obligated to send the agreed to quality and quantity of Precious Metals to First Choice Group. After confirmation, your Purchase transaction to First Choice Group may be cancelled by First Choice Group if you default in the performance of any of these requirements: (a) you do not call and provide us with the registered mail or other tracking number by the end of Business Day following confirmation of the Purchase Order to us; (b) we do not receive the Precious Metals which are part of such Purchase Order to us within 5 Business Days; and/or (c) Precious Metals are received but do not meet the quality standards, agreed quantity and/or for other non-compliance by you. Additionally, if your Purchase Order transaction obligation(s) are not met and/or your Purchase Order transaction is cancelled by First Choice Group, you agree you are responsible for and liable to cover any Market Loss we might or do incur by accepting the Purchase Order to buy from you. This is covered in our Market Loss Policy. Furthermore, in our sole discretion, you may not be permitted to buy from or sell to us in the future. If you call and provide us with the registered mail or tracking number as required, and we do not receive the items within 5 Business Days from the date the delivery to us was initiated and the delay is due to the USPS, UPS or Federal Express, we may, but are not obligated to, extend the deadline on a case by case basis and in our sole discretion. We reserve the right to cancel any Purchase Order at any time and for any reason. All risk of loss in any Purchase Order transaction is borne by you until First Choice Group takes actual physical custody and control of each and all of the Product(s) that are the subject of the Purchase Order.
• D. First Choice Group’S PAYMENTS TO YOU FOR PURCHASE ORDERS
○ When we receive the package containing your Purchase Order items, and after we have confirmed the quality, quantity and otherwise the entire accuracy of the transaction, we will typically send you the payment due within 3-5 Business Days in one of the following ways. You can select the payment method as described below that best suits your needs.
○ Payment options for Purchase Orders of less than $10,000.00 (USD) are:
1. Check sent first class mail;
2. Bank wire (you are responsible for a $25.00 (USD) fee)
○ Payment options for Purchase Orders of $10,000.00 (USD) or more are:
1. Check sent first class mail;
2. Bank wire
• E. CANCELLATION OF PURCHASE ORDERS
○ Once we have issued a Purchase Order confirmation number (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Purchase Order is confirmed. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with First Choice Group. You have no right to cancel Purchase Order(s). However, if you default in your performance of shipment, quality, quantity or any other act required to complete the Purchase Order transaction as required, we may cancel your Purchase Order(s). We reserve the right to cancel any Purchase Order at any time and for any reason.
○ All Purchase Order cancellations are subject to our Market Loss Policy plus a thirty-five dollar ($35.00 USD) cancellation fee. Purchase Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to First Choice Group has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you agree you have full responsibility and liability to First Choice Group for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to First Choice Group good funds for any cancellation fee and/or Market Loss. No future Orders may be permitted until any Market Loss is paid in full. Any Market Gain on Purchase Order cancellations vests in and shall remain the property of First Choice Group, and First Choice Group shall have no responsibility to you for Market Gain. Upon written confirmation by First Choice Group of your payment of the $35.00 cancellation fee plus the Market Loss, we will forgive further action against you and your responsibility for any breach by you and all resulting damages owed to First Choice Group.
• F. PURCHASE ORDER FEES
○ When you sell your items to us there are no hidden fees or charges. The prices quoted are the prices we will pay.
6. MARKET LOSS POLICY
○ When you buy from First Choice Group, once we have issued a Sales Order confirmation number, you have a binding contract, the transaction price is locked-in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with First Choice Group. If you default in your performance of payment, shipment or any other act required by you, we may cancel your Sales Order(s). If your Sales Order(s) is cancelled, you agree you have full responsibility and liability to First Choice Group for any Market Loss, plus a thirty-five dollar ($35.00 USD) cancellation fee. You must also pay, and have full responsibility and liability to, First Choice Group for all fees and costs associated with First Choice Group’s efforts in collecting from you. Any Market Gain on Sales Order cancellations shall vest in and remain the property of First Choice Group, and First Choice Group shall have no responsibility to you for Market Gain. We reserve the right to cancel any Sales Order at any time and for any reason. All future Sales Orders will be held for shipment until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
○ When you sell to First Choice Group, once we have issued a Purchase Order confirmation number, you have a binding contract, the transaction price is locked-in and the corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with First Choice Group. If you default in your performance of shipment, quality or quantity or any other act required by you, we may cancel your Purchase Order(s). If your Purchase Order(s) is cancelled, you agree you have full responsibility and liability to First Choice Group for any Market Loss, plus a thirty-five-dollar ($35.00 USD) cancellation fee. You must also pay, and have full responsibility and liability to, First Choice Group for all fees and costs associated with First Choice Group’s efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of First Choice Group, and First Choice Group shall have no responsibility to you for Market Gain. We reserve the right to cancel any Purchase Order at any time and for any reason.
7. BINDING CONTRACT
○ Once you have placed a Sales Order to buy from First Choice Group or a Purchase Order to sell to First Choice Group, you have entered into a binding contract.
8. GENERAL PROVISIONS
• A. ABSENCE OF RELATIONSHIP
○ The sole relationship between First Choice Group and you is that of buyer-seller. 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 First Choice Group and you exist.
• B. ADDITIONAL ITEMS
○ Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the Products.
• C. ASSIGNMENT
○ You may not assign any of your rights or obligations under this User Agreement without the prior written consent of First Choice Group, which may be granted or withheld by First Choice Group in its sole discretion. This contract, including but not limited to the User Agreement, shall be binding on all permitted assigns and successors of First Choice Group and you.
• D. CONFIDENTIALITY
○ You shall be very careful about disclosing the existence and terms of all your transactions with First Choice Group and should carefully consider any disclosure of such information that you make to third parties.
• E. DISPUTE RESOLUTION
○ It is First Choice Group’s goal that any disagreement or dispute be resolved amicably and expeditiously. We encourage you to contact Customer Service. If an amicable resolution cannot be reached between us, such disagreement or dispute shall be resolved in accordance with the following paragraphs:
○ 1. Forum Selection and Governing Law.
○ All such disagreements and disputes shall be resolved exclusively in such federal and state courts, as appropriate, in that jurisdiction. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and waive all objections to the jurisdiction of such federal and state courts. Any action arising out of or relating to the 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.
○ 2. Waiver of Jury Trial; Arbitration.
○ Both First Choice Group and you hereby waive the right to a trial by jury in connection with any dispute arising out of or relating to the User Agreement and the transactions between them.
• F. FORCE MAJEURE
○ If First Choice Group cannot perform any obligation hereunder as a result of any event that is beyond its control, First Choice Group’s delay or failure to perform such obligation shall be excused and First Choice Group shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
• G. FURTHER ASSURANCES
○ You shall execute and deliver such other documents and take such other actions as may be reasonably requested by First Choice Group to carry out your obligations under the User Agreement.
• H. RECORDING OF PHONE CONVERSATIONS
○ First Choice Group may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
• I. ABSENCE OF WAIVERS
○ A decision or a failure by First Choice Group to take action with respect to any non-compliance by you of your obligations to First Choice Group or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of First Choice Group with respect to any other non-compliance by you, and does not waive or limit First Choice Group’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
• J. PRICING OR TYPOGRAPHICAL ERRORS
○ We work hard to provide accurate Product and pricing information to you. However, pricing, or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, First Choice Group shall have the right, at our sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Sales Order or Purchase Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your Products or your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
• L. SECURITY
○ First Choice Group takes security very seriously. Our security measures protect the loss, misuse, and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to First Choice Group. Furthermore, all of the customer data we collect is protected against unauthorized access.
• M. SECTION HEADINGS
○ The section headings are included for ease of reference and do not affect the interpretation or the scope of the User Agreement.
• N. SEVERABILITY
○ The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
• O. AMENDMENT
○ First Choice Group may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.
• P. ENTIRE AGREEMENT
○ The User Agreement and confirmations of the Sale or Purchase transactions hereunder set forth the entire understanding between First Choice Group and you with respect to the subject matter of our transactions.
• Q. USER CONTENT AND CONDUCT
○ At times, if and where applicable at the Website, you may be invited to post User Content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another or to us, is your sole responsibility. Though the Website is designed to be a safe place to share such User Content, First Choice Group cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential or do not want others to use, do not post it to the Website. Under no circumstances will First Choice Group be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. The First Choice Group entities are not responsible for a user’s misuse or misappropriation of any User Content you posted at the Website.
○ By posting any User Content at the Website, you hereby grant First Choice Group and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license set forth in this section; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you post at the Website.
○ You acknowledge and agree that First Choice Group may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of First Choice Group, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
○ You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to First Choice Group worldwide. Posting of User Content to or through the Website, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. First Choice Group shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. First Choice Group shall be entitled to unrestricted use of any User Content it may receive from you at the Website, for any purpose whatsoever, commercial or otherwise, without compensation to you as the provider of the User Content.
○ You agree that you will not use the Website to:
1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to a representative of First Choice Group, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
5. upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other Website users.
○ You understand that by using the Website, you may be exposed to User Content created by others that is offensive, indecent or objectionable. First Choice Group does not endorse or have control over User Content. User Content is not reviewed by First Choice Group prior to posting and does not reflect the opinions or policies of First Choice Group. First Choice Group makes no representations or warranties, express or implied as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website. First Choice Group assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time First Choice Group chooses, in its sole discretion, to monitor the Website, First Choice Group nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Website users submitting any such User Content. Notwithstanding the foregoing, First Choice Group and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in First Choice Group’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
○ You are solely responsible for your interactions with other Website users. First Choice Group reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if First Choice Group determines, in its sole discretion, that doing so is prudent.
9. TERMS OF USE
○ This website is owned and operated by First Choice Group. Access and use of this website is provided by First Choice Group to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
○ First Choice Group may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
• A. USE OF THE SITE
○ This website and its contents, including photography and other First Choice Group-owned assets, (the “Content”) are intended for customers of First Choice Group. You may not use this website or the Content for any purpose not related to your business with First Choice Group. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with First Choice Group; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any First Choice Group product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in First Choice Group’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
○ You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
• B. INTELLECTUAL PROPERTY
○ All materials, including the organization and presentation of such material, on this website, including wholly owned brand assets such as photography (the “Materials”) are the property of First Choice Group and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.
○ Unless you have entered into a separate agreement with First Choice Group, any other use of these Materials without First Choice Group's written permission is prohibited. Action taken as a result of use of Materials without express written permission from First Choice Group is at the discretion of First Choice Group and our legal team.
• C. TRADEMARKS
○ First Choice Group® and any other product or service name or slogan contained in the Site are trademarks of First Choice Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of First Choice Group or the applicable trademark holder. You may not use any “hidden text” utilizing “First Choice Group” or any other name, trademark or product or service name of First Choice Group without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of First Choice Group and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
10. DEFINITIONS
○ The following terms have the following meanings in the User Agreement:
• A. First Choice Group
○ The term "First Choice Group" means First Choice Group, Inc., a Delaware corporation.
• B. BULLION
○ The term “Bullion” means the term that is used to describe (1) Gold, Silver, Platinum or Palladium Coin(s), bar(s) or round(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and (2) the form in which metal is shaped such as bars, ingots or wafers.
• C. BUSINESS DAY(S)
○ The term "Business Day(s)" means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Texas.
• D. COIN(S)
○ The term “Coin(s)” means a stamped piece of metal of a known weight and fineness issued by a sovereign government.
• E. ECHECK
○ An eCheck is a check generated by First Choice Group on your behalf in the amount of your sales order using the banking information that you provided, that will be deposited into our bank either the same day your order is placed or the following day.
• F. FAIR MARKET VALUE
○ The term “Fair Market Value” means the Fair Market Value of the Product as determined by First Choice Group, in its reasonable discretion, as of 5 p.m. (CT) on the date of cancellation of the Sales Order or the Purchase Order.
• G. MARKET GAIN
○ The term “Market Gain” means:
1. When a Sales Order or Sale, as the case may be, is cancelled by First Choice Group, Market Gain occurs when the Fair Market Value of the Product(s) on the date of the cancelled Sales Order or Sale is greater than the original sales price of the Product(s) as it appears on the cancelled Sales Order.
2. When a Purchase Order or Purchase, as the case may be, is cancelled by First Choice Group, Market Gain occurs when the Fair Market Value of the Product(s) on the date of the cancelled Purchase Order or Purchase is less than the original purchase price of the Product(s) as it appears on the cancelled Purchase Order.
• H. MARKET LOSS
○ The term “Market Loss” means:
1. When a Sales Order or Sale, as the case may be, is cancelled by First Choice Group, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Sales Order or Sale is less than the original sales price of the Product(s) as it appears on the cancelled Sales Order.
2. When a Purchase Order or Purchase, as the case may be, is cancelled by First Choice Group, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the cancelled Purchase Order or Purchase is greater than the original purchase price of the Product(s) as it appears on the cancelled Purchase Order.
• I. NUMISMATICS
○ “Numismatics” refers to the study or collection of anything used as a medium of exchange.
○ “Numismatic Coins” refers to a coin, the price of which depends more in its (their) rarity, condition, dates and mintmarks than on their Precious Metal content, if any.
• J. ORDER(S)
○ The term “Order(s)” means, as applicable, a confirmed Sale by a customer or Purchase by First Choice Group, whether such Order was made through the Website, by telephone, in person or otherwise.
• K. PRECIOUS METAL(S)
○ The term “Precious Metal(s)” means Gold, Silver and Platinum along with the Platinum group of elements: rhodium, osmium, ruthenium, Palladium and iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.
• L. PRODUCT(S)
○ The term "Product(s)” means a Product that is the subject of an Order. A Product may include, without limitation, Bullion, a Coin, whether Numismatic, Semi-Numismatic or not, a Precious Metal, and/or supplies.
• M. PURCHASE(S)
○ The term "Purchase(s)” means the acquisition of Product(s) by First Choice Group from a customer, whether made through the Website, by telephone, in person or otherwise, with the number, quality and price confirmed. A Purchase is distinct from the acquisition by a customer from First Choice Group of a Product, which is treated as a Sale hereunder.
• N. PURCHASE ORDER(S)
○ The term “Purchase Order(s)” means an Order placed by First Choice Group with a customer for the acquisition by First Choice Group of Product(s) from the customer.
• O. SALE(S)
○ The term "Sale(s)” means the acquisition of Product(s) by a customer from First Choice Group, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed. A Sale is distinct from the acquisition by First Choice Group from a customer of a Product, which is treated as Purchase hereunder.
• P. SALE ORDER(S)
○ The term “Sale Order(s)” means an Order placed by a customer with First Choice Group for the acquisition by the customer of Product(s) from First Choice Group.
• Q. SEMI-NUMISMATIC
○ The term “Semi-Numismatic” means a Coin that has both Bullion and Numismatic value.
• R. USER CONTENT
○ The term “User Content” means content posted by you on the Website, including without limitation any images or testimonials.
• S. WEBSITE
○ The term "Website” means the websites located at ws-fcg.x42portal.com