1. Introduction

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively, the "Services") set out the terms on which Precious Metals Marketplace LLC offers you access to and use of our Services and governs your access to and use of stackex.io and related services provided by Precious Metals Marketplace LLC (131 Continental Drive, Newark, Delaware, 19713), a Delaware limited liability company, doing business as "Stackex" (hereinafter referred to as "Stackex", "the Company", "we", or "us"). By accessing or using the Services, you agree to be bound by these Terms.

The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

This User Agreement is effective as of your first use of the Services. We reserve the right to modify this User Agreement at any time by posting updated terms on stackex.io, with such changes becoming effective upon posting.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved, including provisions for disclaimers, limitation of liability, and legal disputes. It also contains an agreement to arbitrate which will, with limited exception, require you to submit claims against us or our agents to binding and final arbitration, unless you opt out of arbitration where permitted. If you do not opt out: (1) you may only pursue claims on an individual basis, not as a plaintiff or class member in any class or representative action, and (2) you may only seek relief on an individual basis.

2. About Stackex

Stackex is a marketplace that allows users to offer, sell, and buy precious metals (gold, silver, platinum, and palladium) in various geographic locations using a variety of pricing formats. Stackex is not a party to contracts for sale between third-party sellers and buyers.

Any guidance Stackex provides as part of our Services, such as pricing, shipping, listing, and sourcing, is solely informational and you may decide whether to follow it. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, offer a customized and personalized experience, provide enhanced customer service, and support fraud detection; availability and accuracy of these tools are not guaranteed.

We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Stackex has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Using Stackex

In connection with using or accessing our Services, you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• Breach or circumvent any laws, regulations, third-party rights, or our systems, Services, policies, or determinations of your account status.
• Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions.
• Fail to pay for items purchased by you, unless you have a valid reason as set out in a Stackex policy.
• Fail to deliver items sold by you, unless you have a valid reason as set out in a Stackex policy.
• Manipulate the price of any item or interfere with any other user's listings.
• Take any action that may undermine feedback or ratings systems.
• Transfer your Stackex account (including feedback) and user ID to another party without our consent.
• Share your login credentials with any third parties.
• Engage in gambling.
• Provide content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or that violates the rights of others.
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
• Distribute viruses or any other technologies that may harm Stackex or the interests or property of users.
• Use any robot, spider, scraper, data mining tool, data gathering and extraction tool, or other automated means to access our Services for any purpose, except with our prior express permission.
• Circumvent any technical measures used to provide our Services.
• Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure.
• Export or re-export any Stackex application or tool, except in compliance with export control laws and relevant jurisdiction rules and policies.
• Infringe intellectual property rights that belong to or are licensed to Stackex.
• Infringe intellectual property rights that belong to third parties affected by your use of our Services or post content that does not belong to you.
• Commercialize any Stackex application or any related information, data, or software, except with our prior express permission.
• Harvest or otherwise collect or use information about users without their consent.

Sellers must meet Stackex's minimum performance standards. Failure to meet these standards may result in Stackex charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading seller accounts.

If we believe you are violating this User Agreement, any of our policies, or abusing Stackex and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account(s) and access to our Services, delay or remove hosted content, remove special account status, remove, not display, and/or demote listings, reduce or eliminate discounts, and take technical and/or legal steps to prevent continued use of our Services.

If we believe you are violating our policies prohibiting offers to buy or sell outside of Stackex, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. You may also be charged final value fees where applicable.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

Contact

Questions? Contact support@stackex.io.