1. Terms and Conditions Binding. As set forth in these Terms and Conditions (the “Agreement”) and on the reverse side hereof (“Side A”), the customer (“Customer”) is requesting that American Gold Exchange, Inc. (“AGE”) provide certain goods and services (collectively, the “Services”) identified on Side A to Customer. As an express condition precedent to the performance of the Services by AGE, Customer agrees (i) to be bound by this Agreement; and (ii) that the provisions of this Agreement govern and control all issues arising under or related to the performance of the Services and the relationship between Customer and AGE.

2. Payment, Shipping, and Returns. Customer agrees to pay all amounts due as set forth on Side A plus taxes if applicable. Interest shall accrue on all past due amounts at a rate per annum equal to eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less. Customer agrees to pay all accrued interest in addition to any other amounts owed under this Agreement. Customer shall be responsible for all costs associated with the collection of any past due amounts, including but not limited to reasonable attorneys’ fees and all collection costs. Customer agrees to abide by the AGE policies concerning payment, shipping, and returns as set forth on the AGE website (the “Site”). Customer acknowledges and agrees that such policies may be amended from time to time in AGE’s sole discretion and that the then-current policy as listed on the Site shall control. AGE reserves the right to change prospectively in its sole discretion at any time any amounts related to the performance of the Services.

3. Cancellation of Services. AGE may cancel the performance of all or any of the Services in AGE’s sole discretion. AGE will reimburse Customer on a pro rata basis for any amounts that have been paid by Customer for Services that are cancelled by AGE. AGE shall have no further liability to Customer in the event of cancellation pursuant to this provision.

4. Customer Warranties. Customer makes, and AGE is relying upon, the following representations, warranties, and covenants: (i) Customer possesses the necessary knowledge, capabilities, experience, financial resources, and expertise in the precious metals commodities market required to request that AGE perform the Services and to fulfill Customer’s obligations under this Agreement, and, accordingly, Customer is not relying upon any representations or warranties made by AGE in deciding to request the Services from AGE; (ii) Customer is aware of and solely assumes the risk of the potential for financial loss resulting from fluctuations in the precious metals commodities market; (iii) Customer has full legal authority to request that AGE perform the Services and to fulfill Customer’s obligations under this Agreement; and (iv) the performance of this Agreement by Customer will comply in all material respects with all applicable federal, state, and local laws and regulations, and there is no action, suit, proceeding, claim, or investigation pending, or, to the best of Customer’s knowledge, threatened against or affecting Customer in any court or government department, commission, board, or agency that, if adversely determined, might adversely affect or restrict Customer’s performance hereunder. Without limiting any of AGE’s other rights or remedies, Customer agrees to notify AGE immediately in writing at any time that Customer discovers or suspects that any of these representations, warranties, or covenants is not true and correct in all respects.

5. Disclaimer of Warranties. Prices in the precious metals commodities market are inherently volatile and unpredictable and may be affected by a variety of factors. AGE makes no, and expressly disclaims any, representations or warranties regarding any present or future prices. Past performance is no guarantee of future performance. AGE makes no guarantees to Customer as to any rates of return or otherwise. AGE DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES CONCERNING THE SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

6. Limitation of Liability. IN NO EVENT WILL AGE BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF GOODWILL, OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR ANY OF AGE’S OTHER OBLIGATIONS HEREUNDER. CUSTOMER’S SOLE REMEDY RELATED TO ANY DEFECT OR FAILURE OF THE SERVICES IS LIMITED TO A REFUND OF THE AMOUNT PAID TO AGE BY CUSTOMER FOR THE DEFECTIVE SERVICES.

7. Indemnification. Customer agrees to indemnify and to hold harmless AGE from and with respect to any claims, actions, liabilities, expenses, costs, losses, or damages (including, without limitation, attorneys’ fees) arising out of or in connection with this Agreement, including, without limitation, any claims, suits, or proceedings for violation of any order of a court or government department, commission, board, or agency.

8. Miscellaneous. No oral or written representation made by AGE’s representative or other employee which purports to modify this Agreement is binding on AGE. Moreover, Customer confirms that no such representation has been relied upon by Customer in entering into this Agreement. This Agreement contains all of the understandings and agreements between the parties with respect to the subject matter hereof and may be amended only by written amendments agreed to by both parties. A waiver of a breach of this Agreement shall not be construed as a waiver of any subsequent breach. The terms and provisions contained in this Agreement that by their sense and context are intended to survive the performance thereof by the parties shall so survive the completion of performance and termination of this Agreement, including, without limitation, provisions for indemnification and the making of any and all payments due hereunder. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. AGE may assign its rights and/or obligations hereunder in its sole discretion. Customer may not assign its rights and/or obligations hereunder without the prior written consent of AGE, which consent may be withheld in AGE’s sole discretion. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The formation of this Agreement constitutes the making of a contract within Travis County, Texas, and any amounts paid hereunder by Customer will be delivered to and paid in Travis County, Texas. Customer and AGE agree (i) that Travis County, Texas is a mutually and reasonably convenient place for any hearing concerning disputes relating to this Agreement; and (ii) that any action related to this Agreement and/or any Services performed hereunder will be brought and maintained only in Travis County, Texas.