Website User Agreement
The Texas Bullion Depository® and/or its agents ("TxBD"), provide website features and other products and services to you when you visit texasbulliondepository.gov ("Services"). TxBD provides the Services subject to the following conditions. We reserve the right to amend these conditions at any time without notice to you and any such amendment will be effective when we post the change on our Site.
In this Website User Agreement, the Texas Bullion Depository may be referred to as "TxBD", "we", "our", and "us." References to the Texas Bullion Depository also includes the operator of the depository and our agents.
By using this website, you agree to the following conditions. Please read them carefully.
Privacy and Protection of Personal Information
Member Account, Password, and Security
Some of the Services we provide on our website require you to open a depository account with us. If any of the Services requires you to open an account, you must complete an account application and accept the terms contained in the Deposit Account Agreement applicable to your account.
If you are required to open a depository account with us, during the registration process you will be ask to provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TxBD immediately of any unauthorized use of your account or any other breach of security. TxBD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TxBD or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
You agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TxBD server, or the network(s) connected to any TxBD server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TxBD server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Sanctions and Export Policy
You may not use our Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Disclaimer of Warranty and Limitation of Liability
While we try to keep our Site safe, secure, and functioning properly, we cannot guarantee that the function or operation of this Site will be uninterrupted or error-free.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we and any of our including our officers, directors, agents and employees, are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any of our Services; or,
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
TxBD does not represent or warrant that the information accessible via this Site is accurate, complete or current. While we attempt to maintain a high degree of accuracy, we will not be held liable for errors or omissions that may occur.
All information provided on this Site is provided to the public as a source of general information and may be copied and used as permitted by law, with the exception of pictures, official symbols, and service marked names and logos. The information provided on this Site should not be construed as business, legal, or other advice.
Choice of Law
This Website User Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of laws principles.
Location of Legal Proceedings
For any lawsuit or legal proceeding arising out of or in any manner connected with your use of this Site or this agreement, you agree that any action in law or equity will be filed only in the state district courts located in Travis County, Texas.
Nothing in this Agreement shall constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Texas Bullion Depository as an agency of the State of Texas or otherwise available to us.
NOTHING IN THIS AGREEMENT SHALL CONSTITUTE OR BE CONSTRUED AS A WAIVER OF THE STATE’S SOVEREIGN IMMUNITY FROM SUIT OR LIABILITY EXCEPT AS OTHERWISE PROVIDED BY LAW. IN NO EVENT SHALL THE DEPOSITORY, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THE DEPOSITORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE DEPOSITORY IS NOT LIABLE FOR PRE- OR POST-JUDGMENT INTEREST, COSTS, OR ATTORNEY’S FEES.
This agreement, together with any additional disclosures we may provide to you, is our entire agreement and it supersedes all prior communications between you and us as it relates to your account. Any representation, warranty, either express or implied, or agreement that is not included in this agreement has no force and effect.