User Agreement

Effective Date: October 15, 2018 By using the Website OneGold.com and other services provided by OneGold, including purchasing, selling, storing, and redeeming Digital Precious Metals from OneGold, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all transactions involving Digital precious Metals, whether made through the Website, by telephone or otherwise.

This agreement contains 14 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 14 (Definitions). Underlined words in this Agreement and on our website hyperlink to relevant information.

  1. Your OneGold Account
  2. Buying Digital Metal from Us
  3. Sending Your Payment
  4. Ownership of Digital Metal
  5. Redeeming Your Digital Metal
  6. Continuity Program
  7. Shipping Physical Metal After Redemption
  8. International Orders Shipment of Physical Metal
  9. Return Policy for Physical Metal
  10. Selling to Us
  11. Risks
  12. Market Loss Policy
  13. Binding Contract
  14. General Provisions
  15. Terms of Use
  16. Definitions

This User Agreement governs transactions involving Digital Metal, including the purchase, sale, storage and redemption of Digital Metal from OneGold, and is incorporated by reference into and made part of the OneGold Website.

  1. Your OneGold Account
    1. Opening a OneGold Account.
      • You may choose to open an account with OneGold which you can use to buy, sell, redeem and manage Digital Metal.
      • When you open an account with OneGold, you can add money to enable you to purchase Digital Metal. You can add money to your account at any time and purchase Digital Metal at your convenience if you have enough funds in your account.
      • You may open your account by following the instructions at OneGold.com or contacting us at (800)-492 9144.
      • You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your account. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your account profile.
      • You will need to provide certain information to us upon opening your account. If you provide erroneous or incomplete information, we can decline to open your account or terminate your account at any time.
    2. Funding a OneGold Account
      • You may add funds to your account in any one of the following ways:
        • Credit Card;
        • PayPal transfer;
        • Personal check;
        • Wire transfer; or
        • Automated Clearinghouse (“ACH”) transfer.
      • Depending on the method you use to add funds to your account, you may not have immediate access to those funds to purchase. Please see Section 3 below for additional details on when your funds may become available to complete a purchase.
    3. Making Purchases from a OneGold Account
      • Our minimum transaction amount is $100.00 (USD) per transaction.
      • There is no maximum purchase order amount. However, OneGold reserves the right to request a ten percent (10%) deposit on purchase orders deemed “significant” by OneGold in its sole discretion, before we will accept and confirm the purchase order and lock in prices. On purchase orders greater than $500,000.00 (USD), we recommend that you contact our Sales Department at (800) 492-9144 to determine if a deposit will apply.
      • You may purchase Digital Metal using the funds you have in your account or You may also purchase the Digital Metal without pre-funding your account by choosing to pay by the payment methods listed above. Your price on the transaction will be locked and in a pending status until the funds are received for the purchase.
      • When buying online from us, the price at which your Purchase Order is submitted is the locked-in price. Your confirmation number will be in your email. The Purchase Order price is locked-in for 5 Business Days on all Purchase transactions. That is the time you must make your payment to OneGold. You must ensure that your payment is dated within 24 hours of the time of your confirmed Purchase and received by OneGold within 5 Business Days of your confirmed Purchase to realize your locked-in price.
      • You have no right to cancel your purchase once it is confirmed. Errors in a buy must be offset with a sale of metal for the equivalent. However, OneGold reserves the right to cancel a transaction at any time for any reason. Should your order be canceled, OneGold will refund the full order value to the payment method used to purchase metals minus any processing and convenience fees.
    4. Withdrawing Funds from a OneGold Account
      • You may request to withdraw funds from your account at any time by logging into OneGold and accessing the Withdraw section of the site or contacting us at (800) 492-9144.
      • If you have at any time funded your account through an ACH transfer, we will transmit the funds that you are withdrawing through an ACH transfer.
      • If you have never funded your account through an ACH transfer, we will, upon your direction, transmit the funds that you are withdrawing to you through a wire transfer to your bank account or send a check to you.
      • We will not transmit funds to you through your credit card or PayPal account.
      • Accounts which have not been verified will not have the ability to request a withdrawal of funds from their OneGold account. You may verify your account at any time by accessing the Settings section and clicking on Verification. You may be asked to upload a valid driver’s license or passport photocopy to fully verify your identity.
    5. Closing a OneGold Account
      • When you close your account, we will cancel any scheduled or incomplete Sales Orders. You must withdraw your balance from your account before closing it.
      • You will remain liable for all obligations related to your account even after the account is closed.
      • In certain cases, you may not close your account, including:
        • To evade an investigation.
        • If you have a pending Sales Order or an open dispute or claim.
        • If your account is subject to a hold, limitation or reserve.
        • If your account has any outstanding storage fees.
    6. OneGold Account Statements
      • You may view details of your account by logging into your OneGold account.
      • You may request written records related to your account. We may charge you a fee per item requested. We will not charge you for records requested in connection with your good-faith assertion of an error in your account.
    7. Additional Details
      • We reserve the right to terminate your account at any time in our sole discretion.
      • Balances in your account will not earn interest.
      • Balances in your account will not be eligible for deposit insurance by the Federal Deposit Insurance Corporation (“FDIC”)
      • Balances in your account will not be eligible for insurance by the Securities Investor Protection Corporation (“SIPC”).
      • OneGold may use any funds received from you for any purpose in its sole discretion. If OneGold deposits any funds received from you into a bank account owned by OneGold, OneGold may earn interest on those funds. You are not eligible to receive interest earned on accounts owned by OneGold.
  2. Buying Digital Metal from Us
    1. Minimum Order Value
      • There is a minimum of $100(USD) purchase per transaction, regardless of the payment method.
      • There is no maximum Sales Order. However, OneGold reserves the right to request a ten percent (10%) deposit on orders deemed “significant” by OneGold in its sole discretion, before we will accept and confirm the order and lock in prices. On purchase Orders greater than $500,000.00 (USD), we recommend that you contact our Sales Department at ((800) 492-9144. (Press 1 for Sales) to determine if a deposit will apply.
    2. Order Price Confirmations
      • When buying online from us, the price at which your order is submitted is the locked-in price. A transaction fee and convenience fee may also apply depending on your payment method. Your confirmation number will be in your return email. The order price is locked-in for 5 Business Days on all orders awaiting payment. That is the time you must make your payment to OneGold. If you pay through your OneGold account, your payment will be credited immediately. You must ensure that your payment is dated within 24 hours of the time of your confirmed order and received by OneGold within 5 Business Days of your confirmed order to realize your locked-in price.
    3. Cancellations of Orders with OneGold
      • Once we have issued an 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 order is confirmed. This is a benefit to you because you know your price at your order confirmation time and we believe this is one of the key benefits of transacting with. You have no right to cancel your order. However, if you default in your performance of payment or any other act required, we may cancel your order(s). We reserve the right to cancel any order at any time and for any reason.
      • Any order cancellations are subject to our Market Loss Policy plus a thirty-five-dollar ($35.00 USD) cancellation fee. Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to OneGold 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 OneGold for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to OneGold 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. Any Market Gain on Order cancellations vests in and shall remain the property of OneGold. Upon written confirmation by OneGold 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 OneGold.
    4. Order Changes
      • Because Order(s) 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 order.
    5. Order Payment Requirements
      • When you buy from us, you must pay with your OneGold account balance, or otherwise ensure that your payment is received by OneGold within 5 Business Days from the date order is placed to realize your locked-in price. If you default and payment is not timely received by, OneGold, OneGold reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your order; (c) close your account; and/or (d) preclude you from placing future trades or from making future purchases from OneGold.
      • It is always best to pay through your OneGold account or send us your payment immediately to complete your transaction with OneGold 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 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.
      • If you default and your payment is not timely received by OneGold and a decline in the market price occurs, you will be liable for any Market Loss per our Market Loss Policy. You agree you have full responsibility and liability to OneGold for any cancellation fee and/or Market Loss. Any Market Gain on cancellations shall vest in and remain the property of OneGold.
  3. Sending Your Payment
    • Payment instructions will be issued online on the final page of the online order process and again by email after you place your order. If you do not pay in full through your OneGold account, payment must be dated within 24 hours of your order date. If you default and you do not meet these requirements, OneGold reserves the right to cancel orders.
    • OneGold does not accept C.O.D. for any orders. We reserve the right to refuse or cancel any order at any time, including if it is deemed questionable or of significant risk to OneGold 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.
    1. Payment Options
      • You may always pay through your OneGold account.
      • Depending upon the order amount, you may also pay by some or all of the following payment methods: credit card, PayPal, bank wire, personal check, or ACH.
      • Credit card orders for any amount(s) are reviewed on an order by order basis. In ’s OneGold’s sole discretion, your credit card order(s) may be subject to additional documentation or screening and are subject to our pre-approval, in our sole discretion. OneGold has the right to refuse any credit card payment in its sole discretion.
    2. Collection Period on Checks
      • We deposit all checks for collection and the typical period before we authorize shipment is from 5-10 Business Days. Personal checks are deposited for collection and the typical period before we mark as settled/completed is from 5-10 Business Days, regardless of when such checks may clear the banking system.
    3. Wiring Funds
      • Once you have placed an order and we have issued a confirmation number, we will provide you wire instructions, including our bank name, ABA routing number and account number.
    4. Good Funds Policy
      • Good funds is the day we receive your direct bank wire, and from 5-10 Business Days from the day we receive your cashier's check, certified check or personal check. Additional delays may occur for checks if your bank does not cooperate in assisting us with the information needed to verify your transaction.
    5. Credit Card
      • We may accept, but are not obligated to accept, credit card payments for order(s). All credit card order requests are reviewed on an order by order basis. We reserve the right to refuse any order deemed questionable or of significant risk to OneGold 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. OneGold has the right to refuse any credit card payment in its sole discretion.
    6. Currencies
      • We currently accept payments for orders in U.S. dollars (USD).
  4. Ownership of Digital Metal
    • Once payment is confirmed your ownership of Digital Metal will be reflected in your OneGold account as well as the Tradewind Markets Wallet/Distributed Ledger online at www.onegold.com. You may view your Digital Metal holdings online at any time.
    • You will not receive an account statement, passbook, or any other type of record evidencing your ownership of Digital Metal.
  5. Redeeming Your Digital Metal
    • At any time, you may redeem your Digital Metal holdings and receive Physical Metal delivered to you, subject to applicable minimum redemption amounts and processing fees. This is the only redemption option that is guaranteed to be available at the time you are redeeming your Digital Metal, and you cannot rely on any of the other redemption options described in this agreement to be available at such time.
    • OneGold may also choose, at is sole discretion, to make other redemption options available to you, including redemption for cash, or redemption for the equivalent cash value of any product listed for sale on [.com]. There can be no assurance that OneGold will make any such redemption options available at the time you are redeeming your Digital Metal.
    • We make no representation that the redemption value that we offer would be the best price that you could receive on the open market. The redemption value that we offer will be derived based on our proprietary algorithm and is in our sole discretion.
    1. Redeeming Digital Metal for Physical Metal
      • If you wish to redeem part or all of your Digital Metal holdings in exchange for Physical Metal, you may log on to your OneGold account or contact us at 1 (800) 492-9144.
      • When you select the option to redeem your Digital Metal, OneGold will provide you with a quote for the price of Physical Metal that you are entitled to receive.
      • Once you finalize your order to redeem, your order is a Sell Order and the relevant procedures described herein will apply.
      • For additional shipping and delivery information, please see below.
    2. Options for Redeeming Digital Metal that OneGold May Offer.
      • Redeeming Digital Metal for Cash or Gold Products on onegold.com
      • If OneGold has made this option available, you may redeem part or all of your Digital Metal holdings in exchange for cash. Making this option available is at the sole discretion of OneGold, and there can be no assurance that OneGold will make this option available at the time you are redeeming your Digital Metal.
      • Once you finalize your order to redeem for cash, OneGold will debit your Digital Gold metal balance in your OneGold account and TWM Distributed Ledger and transfer the funds to which you are entitled in one of the following ways:
        • You will receive a credit that you can elect to withdraw at a time of your choosing or, in lieu of withdrawing your funds, you may purchase items with your OneGold account balance on oneGold.com.
  6. Continuity Program
    • You may elect to set up recurring buys on the OneGold site at a frequency of your choosing. By setting up a recurring transaction you agree to be fully responsible for keeping your selected payment method in good standing. In the event of a change or update to your selected payment method, it is your responsibility to contact OneGold or login to your account to make the appropriate changes. If your payment method is not kept current and in good standing, OneGold may terminate the recurring buy and you will need to set up a new transaction.
    • If you elect to participate in the continuity program, you also agree to keep the payment method you choose adequately funded. Should we receive a chargeback related to you recurring buy, you will be charged a fee of $35 and your metal holdings will not be updated to reflect ownership of the buy. You also agree that in such instances, OneGold is not responsible for any potential gain related to your buy.
      • You may opt in to several options to schedule your recurring buys: daily, weekly, bi-weekly, monthly, or quarterly. Your billing schedule will depend on the date you enroll in the program and the frequency you select
      • You may cancel your recurring payments at anytime on the OneGold website under the Settings section of your account.
  7. Shipping Physical Metal After Redemption
    • Your redemption Order is shipped by APMEX, at their discretion, by Registered/Insured U.S. Mail, UPS, Federal Express or another common carrier. Each package is fully insured. Packages sent registered and insured mail can take on average 5-10 Business Days to receive.
    1. Estimated U.S. Shipping, Handling and Insurance Charges
      • We currently estimate that shipping and insurance charges are $9.95 (USD) for Physical Metal with a value of below $99.00 (USD)
      • Free for Physical Metal with a value of $99.00 (USD) and over
    2. Insurance for Sales Orders
      • APMEX insures all its Physical Metal shipments to you for the sale value of the product redeemed through OneGold, subject to the following limitations. APMEX must be notified of a lost package within thirty (30) days from the ship date of your order. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our insurance policy provided that you directly receive the package from the common carrier. Neither we, nor our insurance company, accepts (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In any such case, your package will not be covered for insurance by APMEX or our insurance carrier. If you do not receive the package directly from the common carrier, you agree to take all reasonable actions to assist in recovery of the package, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither APMEX nor OneGold, nor our insurance company or carrier, will have any liability to you.
      • When we ship to you, if Physical Metal is lost or damaged in transit, it is APMEX’s responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion, and OneGold shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with us in any investigation or claim process and to take every reasonable action requested of you in the process. Failure to fully cooperate will jeopardize coverage that may be provided to you.
  8. International Orders Shipment of Physical Metal
    1. Duties and Taxes
      • All duties and taxes must be paid by the customer on Redemption Order(s) for Physical Metal delivery. You may be subject to taxes and/or duties for your redemption from OneGold. Please consult your local customs broker for more information on duty and tax rates.
      • All shipping amounts listed below is approximations. Please call us for the most current shipping charges.
      • APMEX always declares the full value of the shipment on any customs form. There are no exceptions to this rule.
    2. International Delivery Requirements
      • If your Physical Metal is returned to APMEX due to your refusal to pay duties or taxes, or if the carrier (for example, Federal Express or UPS) was unable to deliver your Physical Metal, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to OneGold. In addition, if your package is returned to APMEX, we will not reship your Physical Metal unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-ship fees back to you.
      • International returns on Physical Metal are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company, so your package is not returned to OneGold, subjecting you to unnecessary taxes, duties, shipping costs or delays. Delays for Physical Metal re-ships could take 4-6 weeks or longer to complete when packages are not received as they should be. If you have any questions about your international shipment, please send an inquiry to [email protected].
        • Canada
          • Shipping charges for shipping Physical Metal to Canada are approximately $39.95 (USD). Currently, all of our shipments to Canada must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Physical Metal by or to international customers using freight forwarding services, such as Vpost addresses.
          • You may find this link to Revenue Canada documentation helpful when researching Canadian tax policies. The minimum value of Physical Metal that we will ship to Canada is $250.00 (USD)
        • Europe
          • We currently ship Physical Metal to Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland and United Kingdom.
          • Shipping charges for sending Physical Metal to Europe are approximately $49.95 (USD) plus an additional estimated $0.25 (USD) per troy ounce weight surcharge. Currently, all of our Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept physical redemption to international customers using freight forwarding services, such as Vpost addresses. If redemption orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions is borne by you once delivers your product to the freight forwarding service or Vpost.
          • The minimum value of Physical Metal that we will ship to Europe is $250.00 (USD)
        • Asia
          • We currently ship Physical Metal to Hong Kong, Japan, Macau, Malaysia, Singapore, South Korea and Taiwan.
          • Shipping charges for sending Physical Metal to Asia are approximately $49.95 (USD) plus an additional estimated $0.25 to $0.30 (USD) per troy ounce weight surcharge, depending upon the country. Currently, all of our Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept redemption Orders by or to international customers using freight forwarding services, such as Vpost addresses. If redemption Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions is borne by you once delivers your product to the freight forwarding service or Vpost.
          • Asia The minimum value of Physical Metal that we will ship to Asia is $250.00 (USD)
        • Australia
          • Shipping charges for sending Physical Metal to Australia are approximately $49.95 (USD) plus an additional estimated $0.25 (USD) per troy ounce weight surcharge. Currently, all our Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept redemption Orders by or to international customers using freight forwarding services, such as Vpost addresses. If redemption Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions Orders is borne by you once delivers your product to the freight forwarding service or Vpost.
          • Australia The minimum value of Physical Metal that we will ship to Australia is $250.00 (USD)
        • New Zealand
          • Shipping charges for sending Physical Metal to New Zealand are approximately $59.95 (USD) plus an additional estimated $0.30 (USD) per troy ounce weight surcharge. Currently, all of our Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept redemption Orders by or to international customers using freight forwarding services, such as Vpost addresses. If redemption Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions is borne by you once delivers your product to the freight forwarding service or Vpost.
          • The minimum value of Physical Metal that we will ship to New Zealand is $250.00 (USD)
        • Other Countries
          • Shipping charges for sending Physical Metal to Cayman Islands, Israel, Mexico and the United Arab Emirates are $49.95 (USD) plus an additional estimated $0.25 (USD) per troy ounce weight surcharge. Shipping charges for redemption Orders to South Africa are $59.95 (USD) plus an additional estimated $0.40 (USD) per troy ounce weight surcharge. Currently, all of our Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept redemption Orders by or to international customers using freight forwarding services, such as Vpost addresses. If redemption Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions is borne by you once delivers your product to the freight forwarding service or Vpost.
          • The minimum value of Physical Metal that we will ship to the countries listed above is $250.00 (USD)
  9. Return Policy for Physical Metal
    • We want our customers to be satisfied with their purchases at OneGold. At your request, we may, but are not obligated to, provide you with an opportunity to exchange Physical Metal or a redeemed product for an identical equivalent 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 Physical Metal or other product(s) and only to those customers who timely and properly notify our Customer Service Department by telephone at (800) 492-9144., 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 Physical Metal or product. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. OneGold 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 OneGold.
  10. Selling to Us
    • If you wish to sell digital metal back to OneGold, you may do so at any time. If you agree to proceed with selling back digital your digital metal to you agree and understand that all sales are final, and any errors made in the sale of your ounces will need to be offset with a subsequent buy. Sales cannot be canceled once they are confirmed.
    • You also agree and understand that premiums for digital metal vary based on current market value, demand, and other related factors, and the buy back price OneGold offers may not be directly correlated to the price you paid for the VaultChain Gold product at the time of purchase.
    • OneGold may adjust buy premiums at its discretion unless a sales confirmation has already been issued.
  11. Risks
    • All investments involve risk; Digital Metal is no exception. The value Digital Metal is based on the value of the Physical Metal it represents. The value of Physical Metal is affected by many economic factors, including the current market price of Physical Metal, the perceived scarcity of the Physical Metal and other factors. Some of these factors include the quality and current demand and general market sentiment.
    • The section headings are included for ease of reference and do not affect the interpretation or the scope of the User Agreement.
    • Therefore, because Physical Metal can go down in price as well as up, investing in Digital Metal represented by Physical Metal may not be suitable for everyone. Because all investments, including Digital Metal, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a Digital Metal investment. Please consult your financial advisor.
    • OneGold does guarantee that every item we sell is genuine is backed by 100% physical metal items that 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 Physical Metal is no exception. Like many markets, the Physical Metal market is speculative, and it is unregulated. The value of any Physical Metal is generally determined by current spot price of the underlying Precious Metal, and by the supply and demand for Physical Metal. These prices will fluctuate throughout the day while the Physical Metal market is open. If you are considering purchasing Physical Metal as an investment, you should assess the stability of the current market and contact your financial advisor for all advice.
  12. Market Loss Policy
    • When you buy from OneGold, once we have issued a 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 confirmation time and we believe this is one of the key benefits of transacting with OneGold. If you default in non-payment, 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 OneGold 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, OneGold for all fees and costs associated with ’s OneGold’s efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of OneGold, and OneGold shall have no responsibility to you for Market Gain. We reserve the right to cancel any order at any time and for any reason. All future purchase Orders will be held for shipment until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
  13. Binding Contract
    • Once you have placed an order to buy from or a order to OneGold, you have entered into a binding contract.
  14. General Provisions
    1. Absence of Relationship
      • The sole relationship between OneGold and you are 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 OneGold and you exist.
    2. Assignment
      • You may not assign any of your rights or obligations under this User Agreement without the prior written consent of OneGold, which may be granted or withheld by OneGold in its sole discretion. This contract, including but not limited to the User Agreement, shall be binding on all permitted assigns and successors of OneGold and you.
    3. Confidentiality
      • You shall be very careful about disclosing the existence and terms of all your transactions with OneGold and should carefully consider any disclosure of such information that you make to third parties.
    4. Dispute Resolution
      • It is OneGold’s goal that any disagreement or dispute be resolved amicably and expeditiously. We encourage you to contact Customer Service at (800) 492-9144 or a business-consumer intermediary (such as a local better business bureau). If an amicable resolution cannot be reached between us, such disagreement or dispute shall be resolved in accordance with the following paragraphs:
    5. Forum Selection and Governing Law.
      • The federal and state courts located in Oklahoma County, Oklahoma, shall have exclusive jurisdiction of all actions arising out of or relating to the transactions between you and OneGold, including but not limited to the User Agreement. 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 Oklahoma, without regard to conflict of laws principles.
    6. Waiver of Jury Trial; Arbitration.
      1. Both OneGold 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.
    7. Force Majeure
      • If OneGold cannot perform any obligation hereunder as a result of any event that is beyond its control, OneGold’s delay or failure to perform such obligation shall be excused and OneGold shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
    8. Further Assurances
      • You shall execute and deliver such other documents and take such other actions as may be reasonably requested by OneGold to carry out your obligations under the User Agreement.
    9. Notices
      • Except as otherwise provided herein, all notices and other communications to OneGold shall be directed to OneGold, c/o Chief Financial Officer, 305 NW 5th St, Oklahoma City, OK 73101, and all other notices and other communications to you shall be directed, at the option of OneGold, to the address that you provided to OneGold at the time of your registration.
    10. Recording of Phone Conversations
      • OneGold may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
    11. Absence of Waivers
      • A decision or a failure by OneGold to take action with respect to any non-compliance by you of your obligations to OneGold or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of OneGold with respect to any other non-compliance by you, and does not waive or limit ’s OneGold’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
    12. 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, OneGold shall have the right, at our sole discretion, to refuse or cancel any Purchase Orders or Sales Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Purchase Order or Sales 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 payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
    13. Security
      • OneGold 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 OneGold. Furthermore, all of the customer data we collect is protected against unauthorized access. See our Privacy Policy for additional information.
    14. 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.
    15. Amendment
      • OneGold may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.
    16. Entire Agreement
      • The User Agreement, the Privacy Policy and confirmations of the Purchase or Sale transactions hereunder set forth the entire understanding between OneGold and you with respect to the subject matter of our transactions.
    17. 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, OneGold 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 OneGold 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 OneGold 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 OneGold 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 OneGold 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 OneGold, 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 OneGold 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. OneGold shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. OneGold 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 OneGold, 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. OneGold does not endorse or have control over User Content. User Content is not reviewed by OneGold prior to posting and does not reflect the opinions or policies of . OneGold. OneGold 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. OneGold assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time OneGold chooses, in its sole discretion, to monitor the Website,
      • OneGold 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, OneGold and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in OneGold’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. OneGold reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if OneGold determines, in its sole discretion, that doing so is prudent.
  15. Terms of Use
    • This website is owned and operated by OneGold. Access and use of this website is provided by OneGold 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.
    • OneGold 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.
    1. Use of the Site
      • This website and its contents, including photography and other done Gold-owned assets, (the “Content”) are intended for customers of OneGold. You may not use this website or the Content for any purpose not related to your business with OneGold. 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 OneGold; (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 OneGold 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 OneGold’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.
    2. Intellectual Material
      • 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 OneGold 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 OneGold, any other use of these Materials without 'OneGold's written permission is prohibited. Action taken as a result of use of Materials without express written permission from OneGold is at the discretion of OneGold and our legal team.
    3. Trademarks
      • OneGold® and any other product or service name or slogan contained in the Site are trademarks of, Inc. and/or OneGold and may not be copied, imitated or used, in whole or in part, without the prior written permission of, Inc. and/or OneGold or the applicable trademark holder. You may not use any “hidden text” utilizing “OneGold” or any other name, trademark or product or service name of OneGold 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 OneGold 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.
    4. ACH Payments Partner
      • In order to use the ACH payment functionality of the OneGold application, you agree to open a “Dwolla Platform” account provided by Dwolla, Inc. and you agree to accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize OneGold to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the OneGold application, and Dwolla account notifications will be sent by OneGold, not Dwolla. OneGold will provide customer support for your Dwolla account activity, and can be reached at www.OneGold.com, [email protected].
  16. Definitions
    The following terms have the following meanings in the User Agreement:
    1. OneGold
      • The term "OneGold" means OneGold, Inc., a Delaware corporation.
    2. 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 Oklahoma.
    3. Digital Metal
      • “Digital Metal” means a digital representation of Physical Metal held for the benefit of the owner in a storage facility, the ownership interest in which is recorded on the books and records of
    4. Fair Market Value
      • The term “Fair Market Value” means the Fair Market Value of the Digital Precious Metal as determined by OneGold, in its reasonable discretion, as of 5 p.m. (CT) on the date of cancellation of the Purchase Order or Sales Order.
    5. Market Gain
      • The term “Market Gain” means When a Purchase Order or a Buy, as the case may be, is cancelled by OneGold, Market Gain occurs when the Fair Market Value of Digital Metal on the date of the cancelled Purchase Order or Buy is greater than the original Purchase price of Digital Metal as it appears on the cancelled Purchase Order.
    6. Market Loss<
      • The term “Market Loss” means:
        • When a Purchase Order or Buy, as the case may be, is cancelled by OneGold, Market Loss occurs when the Fair Market Value of the Product(s)Digital Metal on the date of the cancelled Purchase Order or Buy is less than the original price of the Product(s) Digital or Physical Metal as it appears on the cancelled Sales Order.
        • When a Purchase Order or Buy, as the case may be, is cancelled by, 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.
    7. OneGold Account
      • The term “OneGold Account” means an online account which a customer may use to purchase and redeem Digital Metal at the customer’s convenience.
    8. OneGold Personal Ledger
      • The term “OneGold Personal Ledger” means an online statement displaying certain information about a customer’s Digital Metal holdings, including the amount of Digital Metal currently held by the customer.
    9. Order(s)
      • The term “Order(s)” means, as applicable, a confirmed Sale by a customer or Purchase by, whether such Order was made through the Website, by telephone, in person or otherwise.
    10. Precious Physical Metal(s)
      • The term “Precious Physical Metal(s)” means Gold, Silver and Platinum (along with the Platinum group of elements: rhodium, osmium, ruthenium, palladium and iridium.) Precious in physical form (as opposed to digital form). Physical Metals are characteristically lustrous, ductile, rare and nonreactive.
    11. Sale(s)
      • The term "Sale(s)” means the acquisition of Product(s)Digital Metal by a customer from OneGold, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed.
    12. Sale Order(s)
      • The term “Sale Order(s)” means an Order placed by a customer with OneGold for the acquisition by the customer of Digital Metal from OneGold.
    13. User Content
      • The term “User Content” means content posted by you on the Website, including without limitation any images or testimonials.
    14. Website
      • The term "Website” means the websites located at www.OneGold.com and mobile.OneGold.com