Terms - OWNx

OWNx Terms and Conditions

MASS METAL LLC DBA OWNX TERMS AND CONDITIONS

INTRODUCTION

Mass Metal, LLC (“Mass Metal” or “OWNx”) dba OWNx is a limited liability company organized under the laws of the state of Kansas, United States of America. Upon opening an account with Mass Metal the account holder (“Client”) agreed to be bound by these Terms and Conditions Mass Metal Policies and Procedures as such may be amended from time to time. Mass Metal provides services intended to assist Client’s acquisition, ownership, and sale of precious metals and such activities by Client shall be subject to these Terms and Conditions.

RELATIONSHIP

All precious metals recorded in OWNx client accounts are the account holders’ property: fully reserved, allocated, insured, and redeemable. Client acknowledges that Client’s ownership of precious metals does not necessarily relate to a specific bar, but rather, relates to a specific quantity of precious metal.
Mass Metal arranges for the storage, transportation, and insurance of client precious metals. Mass Metal holds client precious metals, pursuant to storage agreements between Mass Metal and its depository partners. The precious metals held in Mass Metal client accounts do not constitute evidence of indebtedness or liability by Mass Metal to clients and therefore do not appear on the balance sheet of Mass Metal.
OWNx is not a money services business or a bank. Because OWNx is not a bank, the precious metals are not insured by the Federal Deposit Insurance Corporation or any comparable governmental agency.
Clients agree that they will not receive interest or other earnings on their precious metals holdings.
The use of the OWNx website and/or mobile application(s) does not constitute a trading of, or an exchange in, securities, investment contracts, or any document, instrument, or writing commonly known as a “security”, at law or otherwise.

RISK FACTORS

Client acknowledges that Client is responsible for determining the suitability and prudence of purchasing precious metals by and through the OWNx Program or related similar precious metal saving programs. Client understands that Mass Metal assumes no responsibility for Client’s determination regarding a purchase of precious metals through OWNx. Client assumes full responsibility for each and every transaction in and for its own account and that Mass Metal and its affiliates have no liability whatsoever for the result of Client’s strategies, transactions, and decisions.
Except as otherwise specified in writing signed by an officer of Mass Metal, Mass Metal does not and shall not provide Client with any legal, tax, estate planning, or accounting advice, or advice regarding the suitability, profitability, or appropriateness of any strategy, transaction, or decision relating to Client’s purchase of precious metals through OWNx. Client acknowledges that Mass Metal employees are not authorized to give advice regarding legal, tax, estate planning, or accounting related matters and Client will neither solicit nor rely on any such advice from any Mass Metal employees.
Client acknowledges that Mass Metal assumes no responsibility for and does not guarantee the accuracy, completeness, or usefulness of information, commentary, or any other recommendations or advice contained in any materials or communications provided to Client through the OWNx Program. Mass Metal is not responsible and does not guarantee the accuracy, completeness, or usefulness of information provided by its affiliates or information obtained by Client from any source.
Client acknowledges the purchase of precious metals involves risks including, but not limited to: fluctuation in market price resulting from a perceived scarcity of metal; general economic conditions; war; famine; political unrest; weather; natural causes; acts of God; terrorist attacks; strikes; labor dispute or similar problems; governmental actions and interventions; exchange or market rulings; or suspension of trading of precious metals; and many additional factors.

All Client account information will be treated as confidential information by Mass Metal subject only to applicable laws, regulations, or court orders requiring the disclosure of such confidential information. Mass Metal does not sell, rent, loan, trade, or lease any personal information collected from its Clients Privacy Policy.

TERMINATION

These Terms and Conditions shall remain in effect and bind both the Client and Mass Metal until such time as the Client’s account is closed. Mass Metal may, in its absolute and complete discretion, terminate the Client account for any reason whatsoever including, but not limited to, the breach of these Terms and Conditions by the Client. Upon termination, the Client’s account shall remain subject to all applicable fees, charges, and expenses related to such account and the balance thereof calculated as of the date of the termination shall be payable to the Client as the Client shall instruct, and in the absence of any such instruction, by mailing certified funds to the last known address of the Client.

DEFAULT

If Client shall fail to perform any of its obligations required in these Terms and Conditions, Mass Metal may notify the Client in writing of such default and if Client fails to cure such default within 10 days of such written notice, in addition to all other remedies available at law or in equity, Mass Metal shall have the right to:

immediately terminate Client’s account; or
seek injunctive relief to compel the performance or payment of amounts due pursuant to these Terms and Conditions.

In the event of a default by Client, in addition to all other remedies, Mass Metal shall be entitled to recover from the Client, its reasonable attorneys’ fees and court costs incurred to enforce performance or collect the amounts due pursuant to these Terms and Conditions. Nothing in these Terms and Conditions shall be construed as a limitation on the rights and remedies available to Mass Metal in the event of a default by a Client. In the event of a default in the payment of any amount due pursuant to these Terms and Conditions, interest shall accrue at the lesser of 12% per annum or the highest rate allowed by law from the date or dates such amounts were due.

ASSIGNMENT

Client may not assign its account or these Terms and Conditions or any of Client’s rights or responsibilities under these Terms and Conditions without the prior written consent of Mass Metal, which may be granted or withheld at Mass Metal’s sole discretion. These Terms and Conditions shall be binding on the successors and assigns of Mass Metal.

GOVERNING LAW AND VENUE

These Terms and Conditions and all arrangements governing Client’s account with Mass Metal shall be governed by and construed in accordance with the laws of the state of Kansas, United States of America. Client acknowledges and agrees to the exclusive venue and jurisdiction of the state and federal courts situated in the state of Kansas, United States of America in the event of any disagreements, disputes, or litigation regarding these Terms and Conditions or Client’s account with Mass Metal. Client hereby consents to the personal jurisdiction of the state courts of the state of Kansas, United States of America and the federal courts located in the state of Kansas, United States of America for purposes of resolving such disagreements, disputes, or litigation and hereby waives all objections to the jurisdiction of such state and federal courts.

WAIVER OF JURY TRIAL

Mass Metal and Client hereby waive their respective rights to trial by jury in connection with any disagreement, dispute, or litigation resulting from or in connection in any way with these Terms and Conditions, Client’s account with Mass Metal and any transactions related thereto.

FORCE MAJEURE

If Mass Metal cannot perform any obligation under these Terms and Conditions as a result of any event beyond Mass Metal’s control, including, but not limited to: scarcity of metal; war; famine; political unrest; weather; natural causes; acts of God; terrorist attacks; strikes; labor disputes or similar problems; governmental actions and interventions; exchange or market ruling; or suspension of trading of precious metals. Mass Metal’s delay or failure to perform such obligations shall be excused, and Mass Metal shall have no responsibility for damages of any sort as a result of, or in connection with, such delay or failure.

FURTHER AGREEMENTS

NOTICES

Except as otherwise provided in these Terms and Conditions, any notice or other communication by Client to Mass Metal shall be directed to the Resident Agent of Mass Metal in the state of Kansas, United States of America. Except as otherwise provided in these Terms and Conditions, all notices or other communications to Client shall be directed, at the option of Mass Metal, to Client’s postal address on record with Mass Metal, to Client’s email address provided to Mass Metal, or via the provided internal secure messaging system. It is Client’s responsibility to ensure that it has reliable email service which will allow messages from Mass Metal to be delivered without interference. Mass Metal is entitled to rely on Client’s receipt and acceptance of the content of an email if within three (3) calendar days of the transmission no response by Client by has been received by Mass Metal. Client acknowledges that emails from Mass Metal are not encrypted.

RECORDING OF COMMUNICATIONS

Mass Metal may record or otherwise memorialize communications between Client and Mass Metal, and Client acknowledges and consents to such recording or other memorialization of such communications between Client and Mass Metal.

SEVERABILITY

These Terms and Conditions are intended to be enforceable to the full extent permitted by law. If any provision of these Terms and Conditions is held to be unenforceable for any reason, the remaining provisions of these Terms and Conditions shall remain in full force and effect.

AMENDMENT

Mass Metal may amend these Terms and Conditions at any time upon posting the amended Terms and Conditions on Mass Metal’s website and giving 30 days notice to Client.

ENTIRE AGREEMENT

These terms and conditions, as such may be amended from time to time, set forth the entire understanding between Client and Mass Metal regarding the subject matter of these Terms and Conditions.

STORAGE

All precious metals recorded in OWNx client accounts are the account holders’ property: fully reserved, allocated, insured, and redeemable. Mass Metal holds client precious metals, pursuant to storage agreements between Mass Metal LLC and its depository partners. Clients acknowledge that following the purchase of precious metals, the Client’s precious metals will be held in storage facilities selected by Mass Metal pursuant to a storage agreement between Mass Metal and a storage provider selected by Mass Metal. Mass Metal agrees to pay to the vault storage provider the associated fees for storage of the precious metals owned by Client and subsequently charge clients based on the amount of precious metals held in their account. Client acknowledges that Client’s ownership of precious metals does not necessarily relate to a specific bar, but rather, relates to a specific quantity of precious metal.

REWARDS PROGRAM

Mass Metal provides its Clients rewards in certain circumstances all in accordance with the Rewards Program. The Rewards Program may be amended by Mass Metal from time to time upon posting the amended Rewards Program on Mass Metal’s website and giving 30 days notice to Client. A full description of the Rewards Program may be found on Mass Metal’s OWNx website.

FEES

Mass Metal may assess fees to Client for any storage of the precious metals owned by Client which are held in any facility selected by Mass Metal for such purpose. Client authorizes Mass Metal to deduct on a monthly basis from Client’s account the storage fees or any other fees and charges accrued by Client while Client participates as a Client with Mass Metal.

WITHDRAWAL OR LIQUIDATION REQUESTS

Client shall be entitled to withdraw its precious metal holdings if minimum delivery requirements are met. Delivery requests can always be made in large bar form, but smaller items may be unavailable from time to time. In these cases, clients can choose to liquidate or maintain their holdings until smaller items become available. Withdrawal or liquidation requests will be processed in a timely manner, however, in order to protect against fraud, physical delivery of metal may be delayed by Mass Metal to verify accuracy and receipt of all funds for the acquisition of such precious metal.

INTELLECTUAL PROPERTY

Client acknowledges that Mass Metal has invested substantial time and money in creating proprietary intellectual property which is owned solely by Mass Metal. Client acknowledges that all of the intellectual property rights owned by Mass Metal including, but not limited to: trademarks; service marks; trade names; copyright; patents; and related intellectual property rights; are and shall remain the sole property of Mass Metal. Client warrants and represents that Client will not tamper with, modify, reverse engineer, gain unauthorized access to, or anyway alter any of the intellectual property owned by Mass Metal or maintained on the Mass Metal website and/or mobile application(s).

BANK ACCOUNTS

Client acknowledges and agrees to the terms of Plaid Technologies, Inc., a provider of bank account authentication, identity validation, and payment detail and account balance capture services.

API

The OWNx API and its use cases will change over time, and they may be modified for feature needs and requests. It is ultimately the application developer’s responsibility to ensure that calls or requests they make to the OWNx API are compatible with then-current APIs. OWNx will always try to inform application developers of any changes with reasonable notice so they can adjust their application, but is under no obligation to do so. Application developers are solely responsible for the applications they run, including any data, text, images or content they contain. OWNx reserves the right to terminate access to the OWNx API at any time.

IDENTIFICATION PROCESS

Client represents and warrants that the information provided on Client’s account application is current, accurate, truthful, and complete. Client agrees to notify Mass Metal of any change to the information provided on Client’s account application promptly, but in any event, not less than 30 days from the date of any change of such information. Client agrees to provide any information reasonably requested by Mass Metal to verify Client’s identity including providing items of photographic identification. Any accounts held by a fiduciary shall be subject to these Terms and Conditions, and Mass Metal has no obligation or duty to review any action or inaction by such fiduciary with respect to an account. Mass Metal is not responsible for determining whether a fiduciary’s action or inaction satisfies any standard of care applicable to such fiduciary’s handling of an account. In the event an account remains dormant for a period exceeding 7 years, Mass Metal will give notice of such dormant account to the account owner at the last-known notice address for the account owner on record with Mass Metal. If the account owner does not claim ownership of such account within 180 days of such notice, Mass Metal shall have the right to liquidate the precious metal, receive from the proceeds thereof all outstanding accrued charges and fees relating to such account, including Mass Metal’s attorney’s fees and costs incurred in handling such dormant account, and the balance of the proceeds will be remitted to the Kansas State Treasurer in accordance with K.S.A. 75-4215.

ELECTRONIC SIGNATURE

Client’s electronic signature with Mass Metal is valid evidence of Client’s consent to be legal bound by these Terms and Conditions and any other agreements between Client and Mass Metal. An electronically stored copy of these Terms and Conditions and Client’s account application and any related documents shall be considered the true, complete, valid, authentic, and enforceable record of such documents and shall be admissible in judicial proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. Client agrees not to contest the admissibility or enforceability of any electronically stored copies of such documents in any proceeding arising out of these Terms and Conditions or Client’s account with Mass Metal.