Indemnification. Client agrees to indemnify and hold harmless G-Co, its affiliates, licensors and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, from and against all claims, damages, costs, and expenses (including attorneys’ fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (i) Client’s access to or use of the G-Co website, Content or Services in violation of the terms of this Agreement; (ii) any Feedback; (iii) Client’s breach of this Agreement, inclusive of all terms incorporated by reference, or (iv) Client’s violation of any law, rule, or regulation, or the rights of any third party.
No Warranty. The G-Co website, Content and Services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, G-Co expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. G-Co does not make any representations or warranties that access to the G-Co website, Content or any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, accurate, complete, reliable, current, or error-free, or will meet Client’s requirements, or that defects in the G-Co website, Content or Services will be corrected. The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law.
Client acknowledges that its Account data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes, forks, Internet outages, node outages or failures, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside G-Co’s control. Client is solely responsible for backing up and maintaining duplicate copies of any information it stores or transfers through the Services.
Computer Viruses. G-Co is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect Client’s computers or other equipment, or any phishing, spoofing, or other attack. G-Co advises the regular use of a reputable and readily available virus screening and prevention software. Client should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and Client should use care in reviewing messages purporting to originate from G-Co. Authorized Persons should always log into Client’s Account through the Services to review any Transactions or required actions if Client has any uncertainty regarding the authenticity of any communication or notice.
Site Accuracy. Although G-Co intends to provide accurate and timely information via its website, Content and Services, the website, Content and Services may not always be accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide Client with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding G-Co’s policies, products, website, Content and Services. Accordingly, Client should verify all information before relying on it, and all decisions based on information contained in the website, Content or Services are Client’s sole responsibility and Client is not liable for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by G-Co. To the maximum extent permitted by law, G-Co disclaims all liability in the event any Content, commentary, analysis, opinions, advice or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses. Client’s use of the Content or third-party materials linked from the Internet is at its own risk.
Client Transactions. Client acknowledges and agrees that (i) no fiduciary relationship exists between G-Co and Client, (ii) the decision to purchase or sell Digital Gold and Physical Gold, and when to purchase or sell the same, are the Client’s decision alone, and (iii) purchases or sales are made subject to Client’s own prudence and judgment. Client further acknowledges that the gold market can be volatile and that Digital Gold and Physical Gold prices may rise or fall over time.
Limitation of Liability. To the fullest extent permitted by applicable law, in no event will G-Co, its affiliates, service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives be liable for: (i) any loss of revenue, income, or profits, or for loss of use of data, or for any special, incidental, indirect, intangible, or consequential damages, arising out of or in any way related to authorized or unauthorized use of the Site, Content or Services or otherwise related to this Agreement, regardless of the form of action, whether based in contract, tort, negligence, strict liability, or otherwise (even if G-Co has been advised of the possibility of such damages and regardless of whether such damages were or should have been foreseeable); or (ii) in no event will the aggregate liability of G-Co exceed the value of the Client Assets maintained in Client’s Account as of the date in which the liability first arose. The limitations set forth herein will not limit or exclude liability for gross negligence, fraud, or intentional misconduct of G-Co.
Release. To the fullest extent permitted by applicable law, Client releases G-Co and the other G-Co Parties from responsibility, liability, claims, demands or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If Client is a California entity, Client hereby waives its rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”