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Agreement	PRIVACY AND PROTECTION OF PERSONAL INFORMATION See the Privacy Statement at http://online.kitco.com/sellprice/privacy_policy.html for disclosures relating to the collection and use of your information. MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular Kitco Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an 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 Kitco immediately of any unauthorized use of your account or any other breach of security. Kitco 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 Kitco 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. MODIFICATION OF THESE TERMS OF USE Kitco reserves the right to change the terms, conditions, and notices under which the Kitco Sites/Services are offered, including but not limited to the charges associated with the use of the Kitco Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Kitco Sites/Services constitutes your agreement to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Kitco Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Kitco Sites/Services. LINKS TO THIRD PARTY SITES The Kitco Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Kitco and Kitco is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kitco is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Kitco responsible if the Linked Site is not working appropriately. Kitco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kitco of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Kitco Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Kitco shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Kitco Sites/Services, you will not use the Kitco Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kitco Sites/Services in any manner which could damage, disable, overburden, or impair any Kitco Site/Service(s) (or the network(s) connected to any Kitco Site/Service(s)) or interfere with any other party's use and enjoyment of any Kitco Site/Service(s). You may not attempt to gain unauthorized access to any Kitco Site/Service, other accounts, computer systems or networks connected to any Kitco Site/Service, 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 Kitco Sites/Services. USE OF SERVICES The Kitco Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Kitco Site/Service(s) or other user or usage information or any portion thereof. Kitco has no obligation to monitor the Communication Services. However, Kitco reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kitco reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Kitco reserves the right at all times to disclose any information as Kitco deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kitco's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kitco does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kitco specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kitco spokespersons, and their views do not necessarily reflect those of Kitco. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO KITCO OR POSTED AT ANY KITCO WEB SITE Kitco does not claim ownership of the materials you provide to Kitco (including feedback and suggestions) or post, upload, input or submit to any Kitco Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kitco, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Kitco is under no obligation to post or use any Submission you may provide and Kitco may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. SOFTWARE AND CONTENT AVAILABLE THROUGH THE KITCO SITES/SERVICES All content and software (if any) that is made available to view and/or download in connection with the Kitco Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Kitco Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Kitco Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Kitco Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KITCO SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KITCO SITES/SERVICES AND TO THE INFORMATION THEREIN. KITCO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KITCO SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE KITCO SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL OR FINANCIAL, DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. KITCO CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KITCO SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KITCO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT KITCO SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A KITCO SITE/SERVICE. YOU SPECIFICALLY AGREE THAT KITCO IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KITCO IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN KITCO SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL KITCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KITCO SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE KITCO SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KITCO SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE KITCO SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KITCO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KITCO SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KITCO SITES/SERVICES. STORAGE SPACE AND OTHER LIMITATIONS The amount of storage space per user is limited for each Kitco Site/Service which provides such storage, please visit the applicable FAQ pertaining to that service for more information. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Kitco is not responsible or liable for the deletion or failure to store messages or other information. SERVICE CONTACT: info@kitco.com TERMINATION/ACCESS RESTRICTION Kitco reserves the right, in its sole discretion, to terminate your access to any or all Kitco Sites/Services and the related services or any portion thereof at any time, without notice. Kitco may also terminate or suspend your access to Kitco Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Kitco. The amount of time that Kitco currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Kitco Site/Service, your right to use the Kitco Site/Service immediately ceases. Kitco shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. GENERAL This agreement is governed by the laws of the Province of Quebec, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Montreal, Quebec, Canada in all disputes arising out of or relating to the use of the Kitco Sites/Services. Use of the Kitco Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kitco as a result of this agreement or use of the Kitco Sites/Services. You agree to indemnify and hold Kitco, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Kitco Sites/Services. Kitco reserves the right to disclose any personal information about you or your use of the Kitco Sites/Services, including its contents, without your prior permission if Kitco has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Kitco or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Kitco's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kitco's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kitco Sites/Services or information provided to or gathered by Kitco with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kitco with respect to the Kitco Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kitco with respect to the Kitco Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Kitco Web Sites are: Copyright © 1996 - 2001 Kitco Inc. and/or its suppliers, 629 Cathcart, Suite 900 , Montreal, Quebec H3B 1M1 Canada. All rights reserved. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
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