Terms & Conditions
Customer Agreement
You must be at least 18 years or older to use the services provided by Borger Capital Group LLC, including making purchases from Borger Capital Group LLC, making sales to Borger Capital Group LLC and placing orders with Borger Capital Group LLC, you are agreeing to the following terms, including, without limitation, the terms available in the “Customer Agreement”. These terms apply to all orders, all purchases and all sales.
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Before you may place orders to purchase from, and/or sell to, Borger Capital Group LLC you must read and accept all of the terms in the Customer Agreement. Borger Capital Group LLC strongly encourages you, as you read this Customer Agreement, to access and to read carefully the Policy and Procedures.
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This Customer Agreement is effective on July 1st, 2024, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
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Purchases, Sales, and Orders
You may place orders from Borger Capital Group LLC only in accordance with the Policy and Procedures.
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Disclaimers
You are subject to the Disclaimers that have been made by Borger Capital Group LLC, which Borger Capital Group LLC encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Borger Capital Group LLC.
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In addition, you represent and warrant to Borger Capital Group LLC that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Borger Capital Group LLC. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Borger Capital Group LLC is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Borger Capital Group LLC, and you expressly acknowledge that Borger Capital Group LLC is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products, or liquidate the purchased products at prices acceptable to you.
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Risks
All investments involve risk. Coins and bullion are no exception. The value of a bullion coin is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
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Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for you or your company. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Banking Risks
Borger Capital Group LLC maintains a bank account with BMO Bank N.A., which is a bank of the United States of America insured by the Federal Deposit Insurance Corporation (the "FDIC"). In its sole and absolute discretion, Borger Capital Group LLC may elect to move its bank account to another bank which is a member of the FDIC. However, circumstances may arise due to economic forces outside the control of Borger Capital Group LLC, or BMO Bank N.A. (or such other replacement bank), which may cause bank holidays, shutdowns, bank runs or other disruptions to the banking system. In such events Borger Capital Group LLC will make every effort to recover customer funds, including filing insurance claims with the FDIC.
Customers agree that the recovery of such funds or insurance proceeds from BMO Bank N.A. (or such replacement bank) or that Borger Capital Group LLC’s commercially reasonable actions with respect to its partners and suppliers, as the case may be, is the sole remedy for the Customer and that Borger Capital Group LLC shall have the right to pursue such recovery. The Customer agrees to cooperate with Borger Capital Group LLC in pursuing such recovery. Notwithstanding the foregoing, Borger Capital Group LLC cannot and does not guarantee customer deposits or advanced funds during such events and the customer assumes all liability and risk associated with such process, wire transfers, advancement of funds and banking disruptions. Customers agree to hold harmless Borger Capital Group LLC, and any of its members, representatives, employees, agents, partners or suppliers, for any such losses or damages related to any such disruption described in this paragraph, unless such losses or damages are solely the result of the gross negligence of Borger Capital Group LLC.
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Indemnification
You shall indemnify and hold harmless Borger Capital Group LLC and its partners, affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Borger Capital Group LLC or (b) your failure to comply with this Customer Agreement or the policies adopted by Borger Capital Group LLC.
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Limitation of Liability
You are subject to the limitations of liability contained in this Customer Agreement, the Disclaimer and the other policies adopted by Borger Capital Group LLC.
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In the event that, notwithstanding such limitations of liability, Borger Capital Group LLC is determined to be liable to you in connection with any transaction between Borger Capital Group LLC and you pursuant to this Customer Agreement, the liability of Borger Capital Group LLC to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Borger Capital Group LLC shall not, in any event, be liable for any consequential, exemplary, punitive or indirect damages (including, without limitation, lost profits).
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Privacy
Borger Capital Group LLC has adopted the Privacy Policy which you are encouraged to access and to read carefully.
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Other Policies
Borger Capital Group LLC has adopted the Disclaimer, the ordering Policy and Procedures, and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Borger Capital Group LLC. All of these policies may be amended or terminated, at any time and from time to time, by Borger Capital Group LLC and such amendments and such terminations will take effect when posted on Borger Capital Group LLC’s website www.borgercapital.com.
By purchasing from, making sales to, or ordering from Borger Capital Group LLC, by telephone or otherwise you are subject to such policies, with which you hereby agree to comply.
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Export Compliance
Every product that Borger Capital Group LLC sells is subject to all United States export laws. No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department's list of Specially designated Nationals or the United States Commerce Department's Table of Denial Orders.
Anti-money Laundering
Borger Capital Group LLC maintains a stringent Anti-money Laundering Program, which is strictly observed. By agreeing to our Terms & Conditions, customers also agree to Borger Capital Group LLC’s Anti-money Laundering policies.
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Termination
Borger Capital Group LLC may terminate this Customer Agreement, with or without cause, at any time by written notice to you. The termination of this Customer Agreement shall not affect the rights and the obligations of Borger Capital Group LLC and you with respect to the period prior to the termination.
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Absence of Relationship
The sole relationship between Borger Capital Group LLC, its partners, and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Borger Capital Group LLC and you exists.
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Assignment
You may not assign this Customer Agreement or any of your rights or your obligations under this Customer Agreement without the prior written consent of Borger Capital Group LLC, which may be granted or withheld by Borger Capital Group LLC in its sole discretion. This Customer Agreement shall be binding on all permitted assigns and successors of Borger Capital Group LLC and you.
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Dispute Resolution
It is the common goal of Borger Capital Group LLC and you that any disagreement or dispute between Borger Capital Group LLC and you be resolved expeditiously. Borger Capital Group LLC and you agree that all disagreements and disputes between Borger Capital Group LLC and you be resolved in accordance with the following paragraphs:
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Forum Selection
The federal and state courts located in or around Wausau, WI, USA, shall have exclusive personal and subject matter jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction and venue of such federal and state courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.
Governing Law
This Customer Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Wisconsin, without regard to its conflict of laws principles.
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Waiver of Jury Trial; Arbitration. BOTH Borger Capital Group LLC AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS CUSTOMER AGREEMENT AND THE TRANSACTIONS UNDER THIS CUSTOMER AGREEMENT. Both Borger Capital Group LLC and you also waive any arbitration requirements to which they might otherwise be subject.
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Force Majeure
If Borger Capital Group LLC cannot perform any obligation hereunder as a result of any event that is beyond its control, Borger Capital Group LLC’s delay or failure to perform such obligation shall be excused and Borger Capital Group LLC shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Recording of Phone Conversations
Borger Capital Group LLC may record phone conversations between Borger Capital Group LLC and you strictly for the purposes of order accuracy. You consent to the recording of such phone conversations.
Severability
This Customer Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this Customer Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Customer Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment
Borger Capital Group LLC may amend this Customer Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the Customer Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
Except as set forth herein, this Customer Agreement may not be amended except by written agreement between Borger Capital Group LLC and you.
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Entire Agreement
This Customer Agreement sets forth the entire understanding between Borger Capital Group LLC and you with respect to the subject matter of this Customer Agreement.
If you have any questions with respect to this Customer Agreement or your rights and your obligations under this Customer Agreement, contact Borger Capital Group LLC at (920) 888-2025.