1 Gram Gold bar

THE GOLD APP AUCTION AND “BUY IT NOW” TERMS AND CONDITIONS These Auction and “Buy it Now” Terms and Conditions (hereinafter the "Agreement" or “Terms”) constitute a legally binding agreement between you (either an individual or an entity) and The Gold App, its affiliate(s) and subsidiaries (hereinafter collectively referred to as “TGA" (hereinafter the “Site” or “Sites”), its auction services, and “Buy it Now” retail services. By utilizing the TGA Site(s) and/or Services (defined below), you understand, acknowledge and agree that you are legally bound by the terms and conditions set forth herein (and as hereafter amended): 1. ACCEPTANCE OF LEGALLY BINDING TERMS. BY UTILIZING THE TGA SITES AND/OR SERVICES (DEFINED BELOW), PLACING AN AUCTION BID, SELECTING A “BUY IT NOW” OPTION, OR OTHERWISE PARTICIPATING IN A TGA AUCTION OR SALE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT – AND SPECIFICALLY THE DISPUTE RESOLUTION, IN-PERSON ARBITRATION AND REMEDIES PROVISION - AS WELL AS THE APPLICABLE BUYER/SELLER TERMS. 2. DEFINITIONS. a. "Auction" means an online auction wherein remote users can bid either through absentee bids or real time bids on Products being auctioned via TGA's Sites. b. "Bidder" or “Buyer” means an individual, artificial entity, or auction house registered as a Bidder with TGA for purposes of utilizing TGA's Buyer Services to bid on (via Auction) or otherwise purchase (via “Buy it Now” listing) Product(s) for sale through TGA's Sites. If an artificial entity places a bid or selects the “Buy it Now” option, the person executing the bid on behalf of the artificial entity agrees to, and hereby does, personally guarantee payment of such bid. The terms Bidder and Buyer shall be used interchangeably regardless of whether a Bidder is successful in an Auction. c. “Bidder Terms” mean the Bidder Terms & Conditions entered into by and between a Bidder and TGA for purposes of governing over a Bidder’s access to, and use of, TGA's Services as a Bidder.  d. “Buy it Now” means an online sale, other than by auction, for Products which may be purchased through TGA's Sites by selecting the “Buy it Now” option. e. “Product(s)” mean currency, coins, tokens, notes, medals, precious metals and/or other collectibles listed for Auction or “Buy it Now” sale on one or more TGA Site through use of TGA's Services. f. "Seller" means an individual, artificial entity, or auction house registered as a Seller with TGA for purposes of utilizing TGA's Seller Services to list Product(s) for sale through TGA's Sites. TGA may also serve as a Seller when listing its own Product(s) for sale through TGA's Sites. g. “Seller Terms” mean the Seller Terms & Conditions entered into by and between a Seller and TGA for purposes of governing over a Seller’s access to, and use of, TGA's Services as a Seller.   h. “Services” means the online Auction and/or “Buy it Now” listing services provided by TGA to Sellers, Bidders and prospective Sellers and Bidders through the Sites which serve as a conduit for listing Products and means for offers and acceptance to be exchanged in relation to the Auction/sale of Product(s). 3. TGA SERVICES. You acknowledge and agree that TGA provides online Auction and “Buy it Now” Services for Sellers and Bidders through its Sites which serve as conduits for offers and acceptance to be exchanged in relation to the Auction or “Buy it Now” sale of Products posted on one or more TGA Sites (the Services). You further acknowledge and agree that: (i) TGA is not a certified Auction House and therefore does not always conduct the Live Auctions; (ii) When not acting as the Seller, TG is solely a passive conduit to facilitate the Auctions and communication between the Bidders and Sellers; (iii) When not acting as the Seller, TGA has no control over the Bidders, Sellers, or the accuracy of descriptions for the Product(s) being offered by the Seller; (iv) When TGA acts as a seller, all the terms and conditions apply to the transaction between TGA and the seller; (v) TGA reserves the right in its sole discretion to change some or all of its Services at any time; and (vi) the provision of this Agreement supersedes and takes precedence over all terms of the auction platform to the extent there is any conflict. 4. PRODUCT DESCRIPTIONS. The TGA Site places items for auction and enables individuals, artificial entities and professional auctioneers to list Products for Auction and/or “Buy it Now” sale. Those are the persons or entities who prepare the Product descriptions which appear on the Sites, not TGA (unless listing its own Products for auction), and it is those individuals or entities who are solely responsible for the accuracy of the descriptions and for all contractual and other warranties made, if any, with respect to the Products sold. You understand, acknowledge and agree that TGA is not and shall not be held responsible or liable to you for any of the Product description/information posted by TGA or any seller on the TGA Site’s Auction or “Buy it Now” listing(s). While written descriptions are utilized in Product listings, the ultimate determination of the qualities of any Auction item or “Buy it Now” Product are determined by examination of the posted Product photographs. 5. SELLERS AND SELLER SERVICES. The Sellers Terms & Conditions entered into by and between TGA and Product Sellers govern a Seller’s access to, and use of, TGA's Services as a Seller, whether it be via TGA Auction or “Buy it Now” listing. The Sellers Terms & Conditions are incorporated by reference as if the same were fully set forth herein and can accessed here: https://goldstandardauctions.hibid.com/home/selleruserterms. Sellers must be preapproved by TGA prior to participating in any Auction or “Buy it Now” listing and must maintain a current Seller account with TGA. A Seller must disclose certain account registration information to TGA prior utilizing TGA's Sites and Services. Said Seller information includes, but is not limited to, any information a Seller provides to TGA during the registration process, in any public message area or through any email feature. Sellers hereby represent and warrant that his/her/its Seller Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. Because Sellers utilizing TGA's Services and Sites may enter into binding legal agreements to sell Products being auctioned, TGA's Services are not available to minors. 6. BIDDERS AND BIDDER SERVICES. The Bidders Terms & Conditions entered into by and between TGA and Bidders govern a Bidder’s access to, and use of, TGA's Services as a Bidder/Buyer, whether it be via GSA Auction or “Buy it Now” listing. A Bidder must disclose certain account registration information to TGA prior utilizing TGA's Sites and Services. Said Bidder information includes, but is not limited to, any information a Bidder provides to TGA during the registration process, in any public message area or through any email feature. Bidders hereby represent and warrant that his/her/its Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept, or expropriate any system, data or personal information. By providing such information, Bidders expressly agree to the terms as set forth herein (and as hereafter amended). Because Bidders utilizing TGA's Services and Sites may enter into legally binding agreements to purchase Products being auctioned, TGA's Services are not available to minors. Sellers may have different standards for approving individual auction participants, and you may be required to apply for and obtain written approval to participate in a specific auction. In such circumstances, approved Bidders will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. TGA and each Seller reserves the right to refuse to approve any individual or entity applying to participate in any Auction or “Buy it Now” listing as a Bidder. 7. AUCTION BIDS AND “BUY IT NOW” SALES. By placing a successful bid, or selecting the “Buy it Now” option on a Product listing, you are entering into a binding agreement between yourself and the Seller. Bids for a particular Product are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, TGA will automatically round your bid up to the nearest increment. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for a Product do not apply to subsequent offerings of identical or similar Products. TGA reserved, in its sole discretion, the right to select any bid if several bids for the same amount are received at about the same time. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by email. Reserve bid amounts are displayed at the discretion of the Seller. If you are the winning Bidder and do not pay your invoice or make plans to pay for your invoice within seven (7) days of the sale date, you will be charged a restocking fee of twenty-five percent (25%) of your invoice total. Additionally, you will be banned from all future TGA Auctions and “Buy it Now” listings as a Bidder or Siller. TGA is not liable for any errors made while operating the technology used to host or bid on online auctions. 8. “AS IS” / WHERE IS SALE. ALL PRODUCTS ARE SOLD “AS IS”, WHERE IS. Descriptions are given to Products, but Bidders expressly agree that they are not relying on such description, but instead will base all decisions to bid based exclusively on Bidder’s examination of the listing’s Product photographs. If any item is removed from its holder, the Bidder waives all rights to asserts any claims or demands concerning that item and lot and waive any right to retain that item or lot. 9. PAYMENT. The following provisions govern procedures for the purchase of Products and related payment terms. a. PAYMENT DEADLINE. Payment for Products shall be immediately due and payable upon the conclusion of said Products’ Auction or “Buy it Now” listing and presentment of an invoice. TGA reserves the right to cancel an invoice if payment in full is not received within seven (7) days after Auction close. In cases of nonpayment, TGA's election to cancel a sale does not relieve the successful Bidder from their obligation to pay TGA its fees (seller’s and buyer’s premium) on the Product listing and any other damages pertaining to Bidder’s failure to tender payment. Alternatively, TGA at its sole option, may charge Bidder a twenty-five percent (25%) fee based on the Product’s purchase price or pursue collection of the full amount of the winning/”Buy It Now” bid from the Bidder adding interest at the highest rate allowed by law and reasonable attorneys’ fees. TGA may offset the amount of its claim against any monies owing to the Bidder and secure its claim against any of the Bidder’s property held by TGA. b. PAYMENT METHODS. TGA and Sellers utilizing TGA auction and/or “Buy it Now” Services agree to accept the following exclusive forms of payment for Products and related costs/fees: paypa. c. BUYER’S PREMIUM. All bids are subject to a Buyer’s Premium which is in addition to the successfully placed bid. For currency, coins, tokens, notes and precious metals, the Buyer’s Premium shall be fifteen percent (15%) per lot. TGA's Buyer’s Premium is subject change and may increase from time to time without further notice at TGA's sole discretion. d. UNPAID BALANCE AND DISHONORED PAYMENTS. If any Auction or “Buy it Now” invoice submitted by TGA's to Bidder is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If TGA's refers any invoice to an attorney or third-party for collection, Bidder agrees to pay TGA's reasonable attorney’s fees, court costs, and other collection costs incurred by TGA's. A defaulting Bidder agrees that all items may be resold by TGA's thirty (30) days after the invoice date, and agrees to pay for the reasonable costs for resale (including, but not limited to, a 15% seller’s commission, if consigned to an Auction conducted by TGA's). The defaulting Bidder is liable to pay any difference between the total original invoice for the Product(s) if sold at a private sale or the subsequent hammer price of the Product(s) less the 15% seller’s commissions, if sold at TGA's Auction. Product title shall not pass to Bidder until all invoices are paid in full. If the Bidder receives any Product, Bidder agrees to hold such item in trust until TGA'is paid in full. Any TGA auction is deemed a reasonably commercial sale. In addition, with respect to payment of invoices, Bidder waives any and all rights to offset he/she/it might otherwise have against TGA and the consignor of the Product(s) included in the invoice. If Bidder owes TGA on any account, TGA shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in its possession. In the event the Bidder’s payment is dishonored upon presentment, Bidder shall pay the maximum statutory processing fee set by applicable  state law, interest at the maximum rate allowed by law, and reasonable attorneys’ fees.   TGA is not liable for any loss caused by or resulting from: (1) seizure or destruction under quarantine or Customs regulation or confiscation by order of any government or public authority, or risks of contraband or illegal transportation of trade, or (2) breaking of statuary, marble, glassware bric-a-brac, porcelains, jewelry, and similar fragile articles. 10. PRODUCT SHIPPING & HANDLING. By submitting a bid or selecting a “Buy it Now” purchase, the Seller and Bidder agree to TGA's shipping and handling policy and other charges, whether known or unknown to bidder at the time of bid. TGA does not personally transport or deliver Products  Unless otherwise noted, TGA shall coordinate shipping of Products to successful Bidders through reputable third-party shipping service providers such as the United States Postal Service (USPS), United Parcel Service of America, Inc. (UPS), FedEx Corporate Services, Inc. (FedEx), Deutsche Post AG (DHL), or the like. TGA does not guarantee delivery of purchased Products by a specified date, or at all, due to reliance upon third-party shipping companies. While TGA implements commercially reasonable efforts to initiate shipping with third-party shippers within seventy-two (72) business hours of full and final payment, Bidder agrees that neither delivery of an item after the date desired or expected by Bidder, or loss of an item by a third-party delivery service, gives rise to grounds for a partial or complete refund or a credit card chargeback. Bidders understand, acknowledge and agree that once GSA turns over a purchased Product to a third-party shipper, Bidders’ sole recourse for any alleged lost or delayed Product shall be directly through the third-party shipper and applicable its applicable insurance policy. Shipping & Handling fees shall be included in the successful Bidder’s Product invoice. Shipping & Handling fees are subject to change. International shipping is subject to additional shipping fees. All deliveries are subject to TGA's receipt and clearance of good funds. 11. NO GUARANTEES OR WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY PRODUCT/LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY PRODUCT/LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, TGA IS SELLING ONLY THAT RIGHT OR TITLE TO THE PRODUCT/LOT THAT THE SELLER OR CONSIGNOR MAY HAVE AS OF THE AUCTION OR “BUY IT NOW” SALE DATE. IF A PRODUCT/LOT IS BEING AUCTIONED OR SOLD THROUGH A “BUY IT NOW” SALE ON A CONSIGNMENT BASIS OR AS AN AUCTION ITEM, TGA DISCLAIMS AND MAKES NO WARRANTY OF TITLE AS SUCH PRODUCTS PURCHASED PASS DIRECTLY FROM THE SELLER/CONSIGNER TO SUCCESSFUL BIDDER. ALL PRODUCTS/LOTS ARE SOLD “AS IS”, WHERE IS, AND WITH ALL FAULTS. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED IS MADE WITH RESPECT TO ANY DESCRIPTION, GRADE, OR PURPORTED VALUE CONTAINED IN ANY AUCTION OR “BUY IT NOW” LISTING. BIDDERS AND SELLERS AGREE THAT GSA IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE TGA SITE. BIDDER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AND PROVENANCE OF A PRODUCT/LOT. COINS AND CURRENCY LISTED IN GSA’S CATALOG AS GRADED AND ENCAPSULATED BY PCGS, NGC, ANACS, ICG, PCGS CURRENCY, PMG, PCGS BANKNOTE GRADING, CMC OR ANY OTHER THIRD-PARTY GRADING SERVICE ARE LIKEWISE SOLD “AS-IS” EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL THIRD-PARTY GRADING SERVICE GUARANTEES, INCLUDING AUTHENTICITY, ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY GRADING SERVICE AND NOT WARRANTIES OR GUARANTEES OF TGA. BIDDERS SHOULD CONTACT THESE THIRD-PARTY GRADING SERVICES DIRECTLY WITH RESPECT TO ANY CLAIMS OR QUESTIONS THEY MAY HAVE CONCERNING THEIR GUARANTEES AND WARRANTIES. BIDDERS ACKNOWLEDGE AND AGREE THAT AUCTIONEER IS NOT BOUND BY OR LIABLE FOR ANY OPINION OR CERTIFICATION BY ANY THIRD-PARTY GRADING SERVICE. REMOVAL OF A PRODUCT FROM ITS PROTECTIVE CASING OR HOLDER OR ALTERATION OF ANY COIN HOLDER WAIVES ALL RIGHTS CONCERNING THE PRODUCT CONTAINED THEREIN. GSA DOES NOT GUARANTEE OR COVENANT THE ACCURACY OF THE PRODUCT DESCRIPTION OR THAT THE IMAGES USED TO ILLUSTRATE PRODUCTS ARE CORRECT OR DO NOT VIOLATE TRADEMARKS OR COPYRIGHTS. TGA HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE TGA SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SAID INFORMATION OR ITS ACCURACY. YOU AGREE YOU DO NOT RELY ON ANY WRITTEN DESCRIPTIONS, BUT WILL ONLY BID BASED ON EXAMINATION OF THE PRODUCT/LOT PHOTOGRAPHS POSTED IN CONNECTION WITH THE AUTION OR “BUY IT NOW” LISTING. You hereby acknowledge that the TGA Sites, the data entered into the Sites, and/or the Seller's auction or “Buy it Now” information may contain errors or inaccuracies. You understand, acknowledge and agree that the numismatic and precious metals markets are speculative, unregulated and volatile, and that coin, currency and precious metal values may rise or fall over time. TGA DOES NOT GUARANTEE OR REPRESENT THAT ANY BIDDER BUYER PRODUCTS FOR INVESTMENT PURPOSES WILL BE ABLE TO SELL SAID PRODUCTS FOR A PROFIT IN THE FUTURE. You further understand, acknowledge and agree that neither TGA, nor its owners, members, employees, affiliates, agents, representatives, third-party providers, or consignors warrant that Auctions or “Buy it Now” listings will be unimpaired, uninterrupted or error free and accordingly shall not be liable for such events. 12. CREDIT CARD CHARGEBACKS PROHIBITED. The “Limited Returns” provision set forth herein below provides the limited availability and procedure for facilitating Product returns in specified situation. Absent the express eligibility and strict adherence to the procedures for facilitating a return (which must be preauthorized by TGA in writing), Bidders shall not be entitled to return Product(s), partial or full refunds, wire recalls, stop payments on checks or credit/debit cards, or the initiation of a chargeback claim with a Bidder’s credit/debit card provider. BIDDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THERE EXIST NO LEGAL BASIS FOR INITIATING A CHARGEBACK CLAIM FOR ANY PURCHASED PRODUCT, AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. In the event a Bidder does not receive a purchased Product within thirty (30) days of payment, or the Bidder takes issue with a Product’s grading or condition, Bidder’s only recourse shall be against the third-party shipping company’s insurance and/or the appropriate grading service. 13. as “Sold As Is / No Return”. You may return Product(s) under the following limited conditions with written pre-approval from TGA: (i) within three (3) days of receipt of the Product(s), you must first notify TGA by email (support@thegoldapp.com), obtain written pre-approval via email, and immediately follow instructions for return. Said return Product(s) must be in TGA possession, custody and control within thirty (30) days after the conclusion of the Product(s) auction or such return privileges are revoked without further notice and the late Product will be shipped back to the Bidder at his/her/its sole expense. A non-negotiable restocking fee of fifteen percent (15%) of the purchase price ($10.00 per Product/lot minimum) will be deducted from the refund for each returned Product (or billed directly to the Bidder). Postage and handling, customs, and other fees are not refunded. After the three-day period (from Bidder’s receipt), no Product(s) may be returned for any reason. Late remittance for purchases revokes all return privileges. d. Bidders who have inspected the Product(s) in-person prior to an auction or “Buy it Now” purchase, or bid through an agent, will not be granted any return privileges, except for reasons of authenticity. e. Coins sold referencing a third-party grading service are sold “AS IS” without any express or implied warranty, except for a guarantee by TGA that they are genuine. Removal or alteration of the holder, voids all of Bidder’s claims concerning that Product. Notes sold referencing a third-party grading service are sold “AS IS” without any express or implied warranty, except for guarantee by TGA that they are genuine. Grading, condition or other attributes of any Product may have a material effect on its value and the opinion of others, including third-party grading services such as PCGS Currency and PMG may differ with that of TGA. TGA shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidders specifically waive any claim to right of return of any Product because of the opinion, determination, or certification, or lack thereof, by any grading service.  h. Since TGA cannot examine encapsulated coins or notes, they are sold “AS IS” without TGA’s grading opinion, and may not be returned for any reason. TGA shall not be liable for any patent or latent defect or controversy pertaining to or arising from any encapsulated Product. In any such instance, Bidder’s remedy, if any, shall be solely against the service certifying the Product. i. Due to changing grading standards over time, differing interpretations, and to possible mishandling of Products by subsequent owners, TGA reserves the right to express an opinion as to an item’s grade differently than shown on certificates from any grading service that accompany the Product, but shall have no obligation to do so. TGA also reserves the right to express an opinion as to a product’s grade differently than the grades shown in a prior catalog should such items be reconsigned to any future auction or “Buy it Now” sale, but shall have no obligation to do so. j. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science. In fact, it is entirely possible that if a Product is broken out of a plastic holder and resubmitted to another grading service or even to the same service, the Product could come back with a different grade assigned. k. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some Products there may be no active market at all at certain points in time. l. All non-certified coins and currency are guaranteed genuine, but are not guaranteed as to grade, since grading is a matter of opinion, an art and not a science, and therefore the description rendered by TGA or any third-party grading service may not agree with the opinion of others (including trained experts), and the same expert may not grade the same item with the same grade at two different times. TGA may, but is not obligated to, express an opinion as to non-certified numismatic items, in TGA’s opinion, or by its employees’ experience and the current interpretation of the American Numismatic Association’s standards as of the date the catalog was prepared. There is no guarantee or warranty expressed or implied that the grading opinions utilized by TGA, if any, will meet the standards of any grading service at any time in the future. m. Storage of purchased coins, tokens and currency: Bidders understand and acknowledge that certain types of plastic may react with a coin, token or currency’s surface or transfer plasticizer to notes and may cause damage. You understand, acknowledge and agree that you shall exercise caution to avoid the use of storage materials that are not inert. 14. RESTOCKING FEE. All Products which qualify for return and are returned in strict conformity with the notice and physical return requirements set forth herein, shall be subject to a mandatory restocking fee equal to twenty-five percent (25%) of the Product’s Auction or “Buy it Now” purchase price. 15. WAIVER, RELEASE AND LIMITATIONS ON LIABILITY. IN CONSIDERATION OF PARTICIPATION IN GSA AUCTIONS OR “BUY IT NOW” LISTINGS, YOU, FOR YOURSELF, YOUR HEIRS, AGENTS, SUCCESSORS, AND ASSIGNS, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE GSA, AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, ARBITRATIONS, LAWSUITS, OR OTHER LEGAL PROCEEDINGS, OF WHATEVER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO CLAIMS BASED UPON GSA’S ALLEGED NEGLIGENCE OR DIFFERING OPINION AS TO GRADE, WHETHER IN LAW OR EQUITY, TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY ASSERT WITH RESPECT AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO OR AUTHENTICITY OF ANY PRODUCT PURCHASED, THE SALE ITSELF, ANY PRODUCT/LOT BID UPON OR CONSIGNED, THE AUCTION, OR THE “BUY IT NOW” LISTING, EXCEPT WHERE SUCH CLAIM IS OTHERWISE EXPRESSLY AUTHORIZED IN THIS AGREEMENT. IT IS YOUR INTENTION THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM THAT MAY ARISE HEREUNDER OR BE RELATED TO THE SERVICES, AUCTION, “BUY IT NOW” LISTING, THE SITES, AND/OR THE PRODUCT(S), AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL PURPORTED RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY STATUTE OR COMMON LAW. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF TGA SERVICES AND THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TGA, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, OR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, OR SIMILAR STATUTE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE TGA SERVICES AND/OR SITES, OR NEGLIGENCE OF TGA OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES. ALL RIGHT TO A JURY TRIAL IS WAIVED. UNDER NO CIRCUMSTANCES WILL YOU SEEK ANY DAMAGES EXCEEDING THE AMOUNT PAID FOR AN ITEM OR LOT. 16. DISPUTE RESOLUTION, ARBITRATION AND REMEDIES. In consideration of the privilege to participate in TGA Auctions and sell or purchase Products through an Auction or “Buy it Now” listing, you accept the terms set forth in this Agreement and specifically agree to the dispute resolution provisions provided herein. a. Exclusive Dispute Resolution Process: All Claims, disputes, or controversies arising out of, in connection with, and/or relating to: (i) your use of the Sites, (ii) participation in an Auction or “Buy it Now” listing, (iii) purchase or sale of a Product, (iv) any interpretation of the Terms or any amendments thereto, (v) any description of any Product/lot or condition report, (vi) any damage to any Product, (vii) any alleged verbal modification of any Term or condition report or description, and/or (viii) any purported settlement whether asserted in contract, tort, under federal or state statute or regulation, or any claim made by you concerning a Product or your participation in an Auction or “Buy it Now” sale involving a warranty or representation of a consignor, other person, or entity, including TGA (collectively a “Claim”) shall be exclusively heard by, and the claimant (or respondent) and TGA each consent to the Claim being adjudicated through confidential, binding, in-person arbitration before a single arbitrator administered by and conducted under the rules of the American Arbitration Association (AAA) as the buyer’s sole remedy.   YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. YOU AGREE THAT IN-PERSON ARBITRATION IS YOUR SOLE REMEDY FOR ANY AND ALL CLAIMS AGAINST OR INVOLVING TGA. b. Fees, Costs and Interest: Each party shall pay one-half of any anticipated arbitration fees to initiate the process. The prevailing party (a party that is awarded substantial and material relief on its liability and damage claim based on damages sought versus awarded or the successful defense of a Claim based on damages sought versus awarded) may be awarded reasonable attorney’s fees, costs and applicable pre- and post-award interest by an arbitrator and/or subsequent court of competent jurisdiction. c. Remedies: Any Claim must be brought within two (2) years of the alleged breach, default, or misrepresentation or the Claim is waived. TGA's maximum liability shall be limited to any commission and fees TGA earned on that Product. TGA in no event shall be responsible for consequential, incidental, compensatory, or any other damages  arising or claimed to be arising from the Auction or “Buy it Now” sale. Exemplary and punitive damages are not recoverable and are waived. In the event TGA cannot deliver a Product or it is subsequently established that the Product lacks title, or other transfer or condition issue is claimed, in such cases the sole remedy shall be limited at most to rescission of the sale and refund of the amount paid by Bidder; in no case shall TGA’s maximum cumulative liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. In the event of an attribution error, TGA may, at its sole discretion, correct the error on the internet/Site, or, if discovered at a later date, refund Bidder’s purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return. d. These Terms provide specific remedies for occurrences in the Auction or “Buy it Now” listing and delivery process. Where such remedies are afforded, they shall be interpreted strictly. You agree that any Claim shall utilize such remedies. In the event you make a Claim in excess of those remedies provided in these Terms, you agree that in no case whatsoever shall TGA’s maximum liability exceed the high bid on the Product, which bid shall be deemed for all purposes the value of the Product. e. Failure to participate in the arbitration is a default and material breach of this Agreement. f. TGA reserves the right to initiate a lawsuit, instead of arbitration, for any unpaid amounts due from Bidder to TGA, and the parties agree. TGA is entitled to the additional recovery of its costs, expenses, attorney’s fees, and interest in such matter if you breach any provision of these Terms and Conditions. 17.GOVERNING LAW AND VENUE. This Agreement, the Bidder Terms & Conditions, the Seller Terms & Conditions, and any Claim shall be determined and construed in accordance with Texas state law. Any and all Claims submitted to arbitration and subsequent litigation shall be exclusively heard by a single arbitrator (or subsequently by a court of competent jurisdiction) in Dallas, Dallas County, Texas, where all obligations under this Agreement are performable. 18.NOTICES. Except as explicitly stated otherwise, notices to you shall be given by email to the email address provide by you to TGA during the Seller/Bidder registration process. Notices to TGA shall be given by email to support@thegoldapp.com   Emailed notices shall be deemed given twenty-four (24) hours after the notice email is sent, unless the sending party is notified that the email address is invalid within twenty-four (24) hours of being sent. It is your sole responsibility to keep GSA apprised, in writing, of your current email address at all times. 19. MISCELLANEOUS. a. TERMINATION. Without limiting any other remedies, TGA reserves the right to terminate your use of TGA Services, with or without cause, at its sole discretion. b. NO ASSIGNMENT. You shall not assign or transfer this Agreement, or any of its rights and obligations hereunder without TGA's prior written consent. c. NO AGENCY. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and TGA. d. USE AND OWNERSHIP OF DATA, IMAGES, AND TEXT. TGA owns all right, title and interest in and to all Auction and “Buy it Now” data, including images, videos, text, and all intellectual property rights therein and thereto. Seller expressly agrees that all data provided by a Seller to TGA for purposes of listing Seller’s Product(s) for Auction or “Buy it Now” listing through consignment, may be utilized by TGA for purposes of marketing, promotion, and advertising TGA and/or Services, Sites, Auctions, and “Buy it Now” listings. By accepting these Terms, you further consent to being contacted by TGA in the future via phone and email. In conformity with “do-not-call” regulations promulgated by federal and/or state regulatory agencies, your utilization of TGA’s Services and/or Sites and/or participation in a TGA Auction or “Buy it Now” sale, is affirmative consent to being contacted at the phone number and email address provided in your Seller or Bidder registration application and this consent shall remain in effect until it is revoked in writing. TGA may from time to time contact you concerning sale, purchase and/or auction opportunities available through TGA and its affiliates. e. AUCTION DATES AND TIMES. Auction dates and times are set by TGA and/or the Seller and are subject to change without notice.