Terms and Conditions

Terms of Use and Conditions

These terms of use and conditions (“Terms”) and our Privacy Policy, which is incorporated herein by reference for all purposes, constitute a valid, binding agreement (“User Agreement”) between you (“User”) and www.cdclarkgold.com (the “Site”) and govern your use of this Site.


Use of Site
Your use of the Site is at the sole discretion of C.D. Clark & Co. We reserve the right to deny you further use of the Site at any time, for any reason, with or without cause.  Your use of the Site is at all times subject to these Terms, our Privacy Policy and all other operating rules or policies that may be published on the Site from time to time.  You should review these Terms frequently, as they may be amended at any time, without notice to you, by posting the changes on the Site. The amended Terms shall be effective once posted.  Except for the method of amendment stated in this paragraph, this agreement may not be otherwise amended. Your subsequent use of the Site constitutes your acceptance of any amendments to this User Agreement.

Your use of the Site must always comply with applicable law. You must be 18 years of age or older in order to transact business with C.D. Clark & Co.

With regard to your use of the Site, you agree NOT to:
(a) Use this Site for any unauthorized purpose, including without limitation the      collection of any User personal information;

(b) Disrupt, interfere with, or create an undo burden on this Site or the networks or            services connected to this Site, including without limitation, hacking into this Site or transmitting chain letters or bulk or junk e-mail;

(c)  Circumvent, disable or otherwise interfere with any security related features of             this Site or features designed to protect proprietary content, including without         limitation features to prevent or restrict use or copying of the Site;

(d) Take any action that minimizes, covers or inhibits the full display of the Site,     Including without limitation any pop up, pop under, banners, advertisements or         expanding buttons;

(e) Access this Site through any means other than the interface provided, or engage           in framing of or linking to this Site, except by written authorization;

(f)  Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted) any content that is unlawful, defamatory, libelous, vulgar, obscene, tortuous, abusive, hateful, harassing, invasive of another=s privacy, or otherwise objectionable;

(g)  Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted) any content that contains software viruses or any other computer code, files or programs designed or intended to interrupt, destroy, or damage the functionality of any other computer, computer software, hardware, or network;

(h) Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted)  any content that violates the proprietary rights of another party, including but not limited to patents, trademarks,   copyrights, or trade secrets;

(i) Impersonate any other person, entity, or organization, or otherwise misrepresent your identity or affiliation with any other person, organization or entity.

Right of Refusal
We reserve the right to refuse service to any person or organization.

Monitoring and Termination
C.D. Clark & Co.  reserves the right to review your use of the Site, and to remove any materials that C.D. Clark & Co.  believes, in its sole opinion, are illegal or otherwise objectionable.  C.D. Clark & Co.  also reserves the right, in its sole discretion, to suspend your use of the Site due to illegal or otherwise objectionable materials, or any other reason and without notice to you.  C.D. Clark & Co.  has no obligation to monitor your use of the Site.

Limitation of Liability
In no event will C.D. Clark & Co., its parents, principals, affiliates, agents, officers, directors, employees, suppliers or other third parties mentioned on this Site, be liable for any damages resulting from or arising out of your use or inability to use this Site. This Site may provide links to other third party websites. C.D. Clark & Co.  shall in no way be responsible for the availability of such external sites, and does not endorse and is not liable for any content, advertising, products, or other materials on or available from such sites. You further agree that C.D. Clark & Co. shall not be liable for any damages, loss, claim, expenses, fees, attorney fees, or consequential damages arising out of your use, inability to use, or reliance on any content, goods or services available on or through this Site or any third party’s site(s).

C.D. Clark & Co. disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, merchantability of computer programs and informational content.

Any material or information downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of or reliance upon any such material. Specifically, C.D. Clark & Co., shall not be responsible for any pricing or market value information provided on the Site, including without limitation pricing regarding gold, silver, platinum, palladium, diamonds or any other precious metal or stone. Such data is prepared by third parties other than C.D. Clark & Co., and is included on the Site strictly for general information to Users, and C.D. Clark & Co. shall not be liable to anyone who relies on the information contained on this Site.

No advice or information, whether oral or written, obtained by you from C.D. Clark & Co., its parents, affiliates, agents, officers, directors, employees, and/or through or from this Site shall create any warranty not expressly stated in this User Agreement.

C.D. Clark & Co. does not and cannot guarantee that the files available for downloading from this Site or third party websites will be free from spyware, malware, infection, viruses, worms, Trojan horses, or other codes that harbor or manifest contaminating or destructive properties.

You shall indemnify and hold harmless C.D. Clark & Co., its parents, affiliates, subsidiaries, officers, directors, shareholders, employees, agents and attorneys from and against any and all losses, damages, judgments, fines, penalties, actions, suits, proceedings, losses, costs and expenses (including reasonable attorneys’ and experts’ fees and court costs) arising out of or in connection with your use of this Site by you and by any person who uses this Site while logged on using your account, your content and information, your default under any provision in this User Agreement, or your violation of any laws or rights of another person.

Use Restrictions
The Site is an educational portal on precious metals and jewels, the services offered by C.D. Clark & Co., as well as its philanthropic initiatives. When you use the Site in any way, you agree to comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

Your Information and Content
You represent and warrant that all information you provide to us about yourself will be true, accurate, current and complete.

Proprietary Rights
You agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further agree that the information presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by C.D. Clark & Co. or by the copyright owner of the contents offered through the Site, as applicable, you agree not to modify, rent, sell, distribute or create derivative works based on this Site, in whole or in part.

Notices may be given by you only by certified mail, return receipt requested.  Notices may be given by C.D. Clark & Co. either by email, certified mail, return receipt requested or regular mail. Notice via e-mail by C.D. Clark & Co. is deemed given immediately upon an email being sent, whether your e-mail address is valid or not.  Notice via regular mail by C.D. Clark & Co. will be deemed given three (3) days after the date of mailing. Notice via certified mail, return receipt requested is deemed delivered upon the earlier of actual receipt or the date of first notice provided by the USPO.  This Site may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices on the Site.

General Information
This User Agreement constitutes the entire agreement between you and C.D. Clark & Co. and governs your use of this Site. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. You also may be subject to additional terms and conditions that apply when you use a third-party website.

This User Agreement will be governed by the laws of the State of Texas without regard to its conflict of law provisions. Exclusive venue for any action concerning or involving this Site must be brought in State District Court in Bexar County, Texas. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Last updated: December 22, 2011

Contact Information
C.D. Clark & Co. Gold Buyers

Chad kicks off our 50% More Buyback Promotion in Houston on June 15! A hugely successful promotion for our Houston area stores at Willowbrook Mall and First Colony Mall.

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