You agree to treat all information obtained from the Site, including Hero Bullion materials and any information otherwise made available to You on the Site (individually and collectively, the “Content”) as proprietary to Hero Bullion. You agree that Content will be maintained as confidential and shall be protected as a trade secret of Hero Bullion. We do not ensure the accuracy of, endorse or recommend any Content, and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
You shall limit access to, viewing of, and use of active listings to personal and internal use, and shall not use any information obtained from the Site for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way except for the purpose of authorized promotion through YouTube or other forms of social media. You shall not use or reproduce any Content that is obtained from the Site, or that is otherwise made available to You on the Site, for or in connection with any other precious metals service. You shall not remove, erase, or tamper with any proprietary stamp associated with the Site. You shall not use any robot, spider, or other automated processes to monitor, data mine, copy products; decompile, decode or reverse engineer software; use the Site in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
2. User Content
At times You may be invited to post user content. You agree that You will not use the Site to:
- Submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Engage in activity or submit Content that could be harmful to minors;
- Engage in activity or submit Content that harasses or advocates harassment of another person;
- Engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
- Engage in activity, submit Content or Reference Information, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Submit Content that contains restricted or password-only access pages, or hidden pages or images;
- Submit Content that displays pornographic or sexually explicit material of any kind;
- Submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Engage in activities or submit Content that solicits passwords or personally identifiable information from others for unlawful purposes;
- Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
- Use any robot, spider or other automatic devices, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
- Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software; or
- Take any action that imposes an unreasonable or disproportionately large load on Hero Bullion’s hardware and software infrastructure.
3. Purchasing from Hero Bullion
3.1 Minimum Sales Orders
There is no minimum sales order for shipments within the U.S. regardless of the payment method. However, Hero Bullion reserves the right to request a ten percent (10%) deposit on sales orders deemed “significant” by Hero Bullion at our sole discretion, before we will accept and confirm the sales order and lock in prices. On sales orders greater than $500,000 (USD) we recommend that You contact our sales department at (214) 210-9948 to determine if a deposit will apply. For any sales orders shipped outside of the United States, our minimum is $5,000 (USD) per transaction.
3.2 Price Confirmations
When placing a sales order on the Site, the price at which Your sales order is submitted is the locked-in price. There are no commissions or fees besides costs associated with shipping, handling and insurance. Your confirmation order will be contained in a confirmation email. The price is locked in for five (5) business days and to guarantee that price You must make Your payment and ensure it is dated within 24 hours of the time of Your confirmed sale and received by Hero Bullion within five (5) business days.
When You buy from Hero Bullion, and once we have issued a sales order confirmation number, a binding contract has been formed, the transaction price is locked in and any corresponding market risk is transferred to You. If You default in Your performance of the contract by failing to make payment, shipment, or any other act required by You, we may cancel Your sales order. We reserve the right to cancel any sales order at any time at our sole discretion. Any cancellations are subject to our Market Loss Policy. We reserve the right to refuse or cancel any order at any time, including if it is deemed questionable or of significant risk including but not limited to suspicions of fraud. You waive any right to any claim or actual damages of any kind related to such cancellation.
4. Payment Options
Instructions for payment will be issued online on the final page of the online sales order process and again within the confirmation email after the order is placed. Payment must be dated within 24 hours of Your sales order date. Depending on the sales order amount, You may use varying methods of payment, specifically:
|Credit Card||$0.01 to $20,000|
|Personal Check||$99 to $100,000|
|eCheck||$0.01 to $5,000|
|Cashier’s Check||$0.01 to $100,000|
|Bank Wire||$2,000 and larger|
4.1 Cash Discounts
If You pay by check, bank wire or trade, we provide a 4.0% cash discount off of the listed price. The prices shown for each product on the Site under “Check/Wire” are the list prices which already reflect the cash discount.
We deposit certified checks, personal checks and cashier’s checks for collection, and the typical period before we authorize shipment is between five (5) and ten (10) business days regardless of when such checks may clear the banking system. Good funds is considered the day we receive Your direct bank wire, and between five (5) and ten (10) business days from the day we receive Your certified checks, personal checks and cashier’s checks. Additional delays may occur for checks if Your bank does not cooperate in providing us with the information needed to verify Your transaction.
Once You have placed an order and received a confirmation number, we will provide wiring instructions including our bank name, ABA routing number and account number.
4.4 Credit Cards
We may accept, but are not obligated to accept, payment by credit card. All credit card requests are reviewed on an order by order basis. In addition, for orders placed by credit card, we will only make shipments to a credit card billing address. Ensure that the shipping address is the same as the mailing address associated with Your credit card account. We do not accept credit card payments for international sales orders.
We currently only accept payment in U.S. dollars (USD).
Orders are shipped by us, at our sole discretion, by either U.S. mail, UPS, Federal Express or another common carrier. Each shipment will be fully insured and as such may take between five (5) and ten (10) business days to ship.
Hero Bullion insures all of its shipments, while in transit, for the full locked-in price of the product, subject to the following limitations. We must be notified of a lost package within thirty (30) calendar days from the date of shipment. Should anything happen to the shipment while in transit, You may be permitted to claim coverage under our insurance policy provided that You directly receive the shipment from the common carrier. Neither we nor our insurance company shall be liable for any damage or theft, of or to a shipment, in the instance You leave instructions with any carrier to leave parcels unattended without a requirement for a signature. Nor will we, or our insurance company, be liable for any damage or theft, of or to a shipment, in the instance You request that the shipment be left with a third party. In the instance damage or loss occurs during transit, we reserve the right to re-ship Your items or refund Your money at our sole discretion, and Hero Bullion will have no further responsibility or liability. You agree to cooperate in any investigation or claim process and to take every reasonable action requested of You in the process. Failure to comply will jeopardize coverage that may be provided to You.
5.2 Back Ordered Items
Issues related to supply and demand may occur in our business. From time to time, we may have more buyers than sellers. In this instance, we reserve the right to delay delivery of Your shipment up to twenty-eight (28) calendar days from Your expected shipping date to fulfill the order. Provided that You have not defaulted on any terms of the transaction, Your price is locked-in. If a refund is provided or there is a delay in sending Your shipment, You waive a right to claim actual damages of any kind.
6. International Orders
Hero Bullion does not currently accept orders for international delivery.
7. Return and Exchange Policy
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 five (5) calendar days from the date on which You receive Your product and only to those customers who timely and properly notify our customer service department at firstname.lastname@example.org. Shipping and handling charges are non-refundable. For approved exchanges, You must follow all instructions provided by our customer service department including instructions for repackaging the shipment. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. Hero Bullion reserves the right at our 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 at our sole discretion and to require You to pay for any loss pursuant to our approved exchanges.
8. Selling to Hero Bullion
8.1 Minimum Transaction
When You sell a product to Hero Bullion, our minimum purchase order amount is $1,000 (USD).
8.2 Physical Delivery
We do not currently accept orders for physical delivery.
8.3 Delivery Terms
When a purchase order is confirmed, a binding contract is formed, and You are obligated to perform the contract by sending the product of the quality and quantity stipulated in the purchase order confirmation to Hero Bullion. After confirmation, Hero Bullion may cancel the purchase order in the instance:
- You do not provide a registered mail or tracking number by the end of the business day following the confirmation of the purchase order;
- We do not receive the product stipulated in the purchase order within five (5) business days; and/ or
- The product received does not meet the quality standards or the quantity stipulated in the purchase order.
In the instance we do not receive the items within five (5) business days and You notify us that the delay is due to a carrier, we may, but are not obligated to, extend the deadline on a case by case basis at our sole discretion.
8.4 Hero Bullion’s Payments
When a delivery is received by Hero Bullion and the quality and quantity is confirmed, we will send payment due within three (3) to five (5) business days in one of the following ways depending on Your preference:
|Check sent first class mail||Free|
|ACH Direct Deposit||Free|
|Check sent overnight mail||$15|
|Bank Wire||$25 fee applies|
8.5 Cancellation of Purchase Orders
When You sell to Hero Bullion and once we have issued a purchase order confirmation number, a binding contract has been formed, the transaction price is locked in and any corresponding market risk is transferred to You. If You default in Your performance of the contract by failing to make delivery of the product at the quantity or quality stipulated in the purchase order, or any other act required by You, we may cancel Your purchase order. We reserve the right to cancel any sales order at any time at our sole discretion. Any cancellations are subject to our Market Loss Policy. We reserve the right to refuse or cancel any order at any time, including if it is deemed questionable or of significant risk including but not limited to suspicions of fraud, You waive any right to any claim or actual damages of kind related to such cancellation.
9. Binding Contract
Once You have placed a sales or purchase order from Hero Bullion, You have entered into a binding contract.
10. Market Loss Policy
10. 1 Purchasers
When You buy from Hero Bullion and once we have issued a sales order confirmation number, a binding contract has been formed, the transaction price is locked in and any corresponding market risk is transferred to You. If You default in Your performance of the contract by failing to make payment, shipment, or any other act required by You, we may cancel Your sales order. If Your sales order is canceled, You shall have the full responsibility and liability to Hero Bullion for any Market Loss, plus a fifty dollar ($50.00 USD) cancellation fee. You will also be liable for all fees and costs associated with Hero Bullion’s efforts to collect from You. Any Market Gain on sales order cancellations shall vest in Hero Bullion’s interest and remain the property of Hero Bullion. We reserve the right to cancel any sales order at any time at our sole discretion. All future sales orders will be held for shipment until any and all outstanding Market Loss and related cancellation fee balances are paid in full. No future orders may be permitted until any Market Loss is paid in full.
When You sell to Hero Bullion and once we have issued a purchase order confirmation number, a binding contract has been formed, the transaction price is locked in and any corresponding market risk is transferred to You. If You default in Your performance of the contract by failing to make shipment, meet quality standards, or fulfill the quantity of the order, or any other act required by You, we may cancel Your purchase order. If Your purchase order is canceled, You shall have the full responsibility and liability to Hero Bullion for any Market Loss, plus a fifty dollar ($50.00 USD) cancellation fee. You will also be liable for all fees and costs associated with Hero Bullion’s efforts to collect from You. Any Market Gain on purchase order cancellations shall vest in Hero Bullion’s interest and remain the property of Hero Bullion. We reserve the right to cancel any purchase order at any time at our sole discretion. No future orders may be permitted until any Market Loss is paid in full.
11. No Advice
Nothing on the Site constitutes or should be construed to constitute investment, legal, tax or other advice. You should not rely on any information or opinions contained on the Site in making an investment or other decision and You should seek professional advice.
12. Forward-Looking Statements
Certain information on the Site constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, “continue” or “believe” or the negatives thereof or other variations thereon or other comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance may differ materially from those contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statements. Past or targeted performance is not necessarily indicative of future results, and there can be no assurance that we will achieve comparable results or that we will be able to implement its strategy or achieve its investment objectives.
Hero Bullion guarantees that every product 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 and collectibles are no exception. The market for precious metals is speculative and unregulated. The value of any bullion item is generally determined by the current spot price of the underlying precious metal, and by the supply and demand of these particular items. These prices will fluctuate through the day while the market is open. Any malfunction, slow down or breakdown may have a material adverse effect on the Site and may cause a loss in value of Your investment. To the fullest extent permitted by applicable law, in no event will Hero Bullion, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to You on any legal theory for any indirect, incidental, special, consequential or punitive damages, resulting from losses caused by website malfunction. Hero Bullion is not an insured financial institution. 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 advice.
14. Ownership and License Grant
The Site retains all rights (including Intellectual Property Rights as defined below), the title and interest in the Site and Site, and all underlying technology and data. You will not permit others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Hero Bullion’s technology or delete or alter author attributes or copyright notices. You shall use the Site solely for individual use and shall not share passwords with others.
Intellectual Property Rights means all intellectual property rights (through the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
15. Claims of Copyright Infringement
Hero Bullion and its affiliates respect the intellectual property rights of others and ask those posting or transmitting any Content to or through the Site to do the same. If You believe that Your work has been copied and/or infringed on this Site, You may notify Hero Bullion according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”) by sending the following information to Hero Bullion’s DMCA Registered Agent either by mail 621 E Princeton Dr #976, Princeton, TX 75407; by email to email@example.com.
- A description of the copyrighted work that You claim has been infringed;
- Identification of the material You claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- A signed statement that the information in Your Notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
All notices to Company must be in writing and must be sent by registered mail, certified mail, or overnight mail to 621 E Princeton Dr #976, Princeton, TX 75407 with a return receipt requested.
18. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. HERO BULLION, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND HERO BULLION, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. HERO BULLION AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OF PRECIOUS METALS AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE LISTINGS; AS TO THE ADVERTISED TERMS, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A LISTING. HERO BULLION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. HERO BULLION RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. HERO BULLION DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
19. Limitation of Liability
HERO BULLION, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF HERO BULLION, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO HERO BULLION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HERO BULLION AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERO BULLION CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
20. General Provisions
20. 1 Choice of Law; Disputes
20.3 Force Majeure
If Hero Bullion cannot perform any obligation hereunder as a result of any event that is beyond its control, including all possible acts of god, Hero Bullion’s delay or failure to perform such obligation shall be excused and Hero Bullion shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
20.4 Pricing or Typographical Errors
Despite our best efforts, pricing or typographical errors may occur. In the event that a product is listed at an incorrect list price or with incorrect information due to an error in pricing, Hero Bullion shall have the right at our sole discretion to refuse or cancel any sales or purchase orders placed by or sent to You for that product. We will either notify You or cancel the order and notify You of such cancellation. Prices and availability are subject to change without notice.
20.5 Termination of Service
20.6 Entire Agreement
20.8 Consent to Communications
By using the Site, You consent to receiving certain electronic and SMS communications from Hero Bullion. You agree that any notices, agreements, disclosures, or other communications that we send to You electronically or via SMS will satisfy any legal communication requirements, including that those communications be in writing. The site may provide web forms, links, or contact information, including phone numbers, that can connect You with third parties.