BGASC Terms & Conditions
Revised as of March 15, 2020
By using www.BGASC.com (the "Website") and other services provided by BGASC, including making purchases from BGASC, making sales to BGASC and placing orders with BGASC, you are agreeing to the following terms (the "Terms and Conditions"). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise. The Terms and Conditions is a legally binding agreement made by and between BGASC, Inc. ("BGASC," "our," "we" or "us"), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website ("you" or "your"). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from BGASC, making sales to BGASC, and placing orders with BGASC. THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH BGASC. BGASC STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE. We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code.
Due to high levels of credit card fraud, BGASC reserves the right to deny or cancel any order that does not clear/meet our credit card or other internal security requirements. Furthermore, any order that is deemed fraudulent or of suspicious origin will be reported to authorities and the responsible individual(s) may be prosecuted to the fullest extent of the law.
Valid Photo ID or other documentation may be required for some orders as an additional security measure to help protect both the customer and BGASC. If this information is requested by BGASC and the customer refuses to provide documentation, BGASC reserves the right to cancel the order and all applicable cancellation and market loss fees (#6 below) will apply.
If the customer delays providing any documentation requested, your order will be delayed past the estimated processing and shipping time listed on each individual product. If the customer refuses to provide the documentation requested or fails to cooperate with the verification process, the customer will have the ability to send a bank wire transfer within 24 business hours for the order. The bank wire must be initiated within 24 business hours after receiving the approval/email from BGASC. The prices will not be adjusted due to the processing fees associated with the credit card charge. If the customer refuses to send the bank wire, the order will be cancelled and the applicable cancellation fees will apply. In addition, our security department performs routine calls to credit card companies to verify charges. Most of the time, a conference call is not required to complete the verification. If a conference call is required to verify the charge, the customer must cooperate until the verification process is complete. If the customer refuses to verify the charge on a conference call, the customer then has the option to send a bank wire for the purchase. If the charge is not verified and the bank wire payment not sent, the order will be cancelled and all applicable cancellation fees applied.
Please direct any legal questions to:
Attn: Legal Dept.
BGASC, P.O. Box 9119, Calabasas, CA, 91372
1. Purchase, Sales, and Order Policies and Procedures
You may make purchases, sell to, and order from BGASC only in accordance with these Terms and Conditions and accompanying policies and procedures. Upon placing an order to purchase or sell with BGASC, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice. When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An "order confirmation number" will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by BGASC within two (2) business days for bank wire orders. Payment for all check orders must be received within eight (8) business days. If a check payment is not received in its entirety within eight (8) calendar days of the original order, our market loss policy cancellation fee will be assessed to the credit or debit card on file. BGASC does not accept Cash on Delivery orders.
A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame.
If any order is in error, due to BGASC's fault or otherwise, we reserve the right to cancel the order. When selling to BGASC the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at BGASC's current purchase price. Sales to BGASC must be shipped within one (1) business day and you must contact BGASC via email at or telephone at 888-992-4272 to provide a tracking number so that we can confirm that the product is en route. All products must be received by BGASC within five (5) business days, else the customer will be charged any Market Losses as well as a $35 cancellation fee. If BGASC does not receive the product within five (5) business days but the delay is attributable to the carrier, BGASC may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to BGASC, in the event of any failure by you to comply with these Terms and Conditions, BGASC may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions. Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
Fraud: We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
2. Payment Options
BGASC requires that all payments be made via credit card or debit card, bank wire, or paper check. Depending upon the amount of an order, BGASC reserves the right to request additional documentation including a photo ID for certain credit card orders. Upon review of your order, BGASC may ask that customers with multiple orders within a brief period of time pay by Cashier's Check or Bank Wire. Additionally, BGASC may require payment by Cashier's Check from a National Bank for any order if deemed appropriate. BGASC also reserves the right to hold check orders up to five to seven (5 - 7) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier's checks, or money orders may be held up to 45 calendar days, although this is rare. Direct bank wire is always recommended. BGASC expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
3. Bank Wire Payment Instructions
BGASC will issue bank wire payment instructions to you during the ordering process and via email following completion of your order. Complete bank wire instructions and policies can be found on the Payment Methods page (click here).
4. Cancellation Policy
It is not our intention to enter into buying and/or selling transactions, accepting the risks involved, only to have them cancelled. Once we have issued a confirmation number, all prices are locked-in whether buying from us or selling to us and may only be offset according to our Market Loss Policy. However, we realize rare situations happen where customers request that orders be cancelled. A cancelled order is one where the product has not yet been shipped. All order cancellation and/or offset requests must be made only by phone during normal business hours, Monday-Friday. BGASC reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order. Cancellations may only be approved over the telephone, at which time BGASC shall provide you with a cancellation number. All customer cancellations are subject to our Market Loss Policy which will be calculated and added to a $35.00 cancellation fee. If applicable, any cancellation fee and/or market loss will be charged to your credit card for the full amount due. No future orders may be permitted until any market loss is paid in full. Any market gain on cancellations shall remain the property of BGASC. You expressly authorize BGASC to automatically bill your credit or debit card on file for any of the above. Alternatively, in the event that your credit or debit card is denied, BGASC may invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. BGASC reserves the right to refuse or cancel an order regardless of payment method or price confirmation when BGASC deems the order to be questionable or suspicious, to be a significant credit risk, when the confirmed price is incorrect or outside the usual and customary industry market prices, when a price is incorrect due to computer-related problems, and/or when BGASC does not receive payment within the allotted timeframe.
BGASC is not responsible for erroneous pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. BGASC will contact you directly to notify of cancellation.
5. Return Policy
We want you to be happy with your purchase so we provide all our retail customers with a refund, return and/or exchange policy on all items including bullion and certified coins unless specified otherwise on the individual product details page. This right is limited to three (3) days from the date on which the customer receives their items. Bullion related items are subject to our Market Loss Policy. For an item to be refunded, returned and/or exchanged a customer must:
- Notify our Customer Service Department by telephone during normal business hours at 888-992-4272 within three (3) days from the date on which the customer receives their item
- The item is only returnable if it is in its original packaging in resalable condition (e.g. Coins in paper rolls must still be unopened, etc.)
- A Returned Merchandise Authorization Number (RMA#) must be obtained from the Customer Service Department who will also give you instructions on how to return your item
Original shipping and handling charges are non-refundable. For returns, you must carefully package the product and you are responsible for the cost of return shipping. Items valued at $500 or more must be returned with Signature Required on delivery. Customer owns, and is responsible for, any items being returned to us until the product is delivered, signed for, and accepted by BGASC. BGASC reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.
We do charge a 5% restocking fee on all credit card or Paypal orders returned. If an exchange is requested, we reserve the right to find a mutually acceptable replacement or give you a refund according to our refund policy guidelines.
On returning bullion related items, the customer may (at BGASC's discretion) be required to pay for any market loss on the returned items (Market Loss Policy). Once your return is received if any market loss to BGASC has occurred it will be calculated. You will not be charged the $35.00 cancellation fee to return an item or items. If applicable, you may elect to charge the market loss by credit card or, we will deduct any market loss from the amount to be refunded to you. At our discretion, we may invoice you and allow thirty days to pay the market loss in full. No future orders may be permitted until all market loss charges are paid. Any market gain on cancellations or refunds shall remain the property of BGASC.
6. BGASC Market Loss Policy
Market Loss Policy - When transacting with BGASC, once we have issued a confirmation number, all prices are locked-in whether buying from us or selling to us and may only be offset at the current spot price if the trade is cancelled. Any deficit between the price at which we sold to you (or bought from you) and the offsetting spot price at the time of cancellation, is your responsibility to pay if those items are cancelled or returned. Any market gain on cancellations shall remain the property of BGASC. All cancelled transactions or items returned are subject to this Market Loss Policy. That is our Market Loss Policy.
Cancellations are subject to an additional $35.00 cancellation fee. If applicable, any cancellation fee and/or market loss will be charged to your credit card for the full amount due. No future orders may be permitted until any market loss is paid in full.
Shipment may take up to fifteen (15) business days from completed payment, depending upon the manner of delivery. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Packages may require a signature upon delivery. BGASC fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, BGASC assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion. Please note that BGASC will not be responsible for reimbursements or insurance claims on packages that the carrier deems successfully delivered. Our liability and insurance ceases without exception, the moment the package is deemed delivered by the carrier, without exception.
Please Note: If your shipment gets returned to BGASC (returned to sender) because of failure to sign for a package that requires signature within the carrier's specified window of time, or if an incorrect address was provided to us, a re-shipment fee will be charged per package to cover our re-shipment costs as outlined in our Shipping Policy here.
Force Majeure: If the delivery date of your shipment is changed by the carrier due to any reason including "acts of God" (e.g. weather, fire, etc.), viruses, pandemics, war, or other "Force Majeure" reasons, shipping and handling fees cannot be refunded.
8. Export Compliance
Each product that BGASC sells is subject to all United States export laws. Therefore, 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.
Either BGASC or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of BGASC or you with respect to the period prior to the date of termination.
10. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of BGASC. You, and not BGASC, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at your desired price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to BGASC that you have sufficient experience and knowledge to make informed financial decisions and that BGASC is not making any recommendation with respect to such purchases and/or such sales.
Please Note: During EXTREME market demand and volatility, we may substitute items of similar metal weight if an item is accidentally over sold.
11. Disclaimer of Warranties
BGASC PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BGASC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. BGASC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Disclaimer of Forward Looking Statements: THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT BGASC'S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF BGASC'S CONTROL. PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products: ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BGASC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
12. Limitation of Liability
BGASC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE BGASC ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE BGASC ONLINE ORDER ENTRY SYST-EM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. BGASC SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, BGASC SHALL NOT BE - FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND BGASC'S REASONABLE CONTROL. BGASC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE BGASC ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13. Indemnity and Release
You agree to defend, indemnify and hold BGASC and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty to BGASC, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, BGASC may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without BGASC's consent. You are hereby agreeing to release the BGASC and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and BGASC is that of purchaser-seller. No other relationship, expressed or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
15. No Waiver
Upon your failure to comply with your duties and obligations to BGASC, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of BGASC in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by BGASC of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with these Terms and Conditions, you expressly authorize and grant to BGASC the right to charge your credit card for any and all market losses incurred by BGASC, including, without limitation, cancellation fees for accepting your orders to either buy from or sell to BGASC as a result of price and market fluctuations for which you did not fulfill.
16. No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of BGASC. Such consent may be granted or withheld by BGASC at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and BGASC.
17. Force Majeure
You acknowledge and understand that if BGASC and/or the Website are unable to provide the products and/or services as a result of a force majeure event, BGASC and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of BGASC and/or the Website. BGASC SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
18. Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services. You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website. Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in these Terms and Conditions. You may not attempt to reverse engineer any of the technology used to provide the products and/or services. In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other "hidden text" utilizing the BGASC name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against BGASC with respect to these Terms and Conditions and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, California in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, BGASC will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce these Terms & Conditions or prevent an infringement of a third party's rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of CA, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that BGASC takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by BGASC, including, without limitation, reasonable attorneys' fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by BGASC to carry out these Terms and Conditions.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and BGASC and governs your use of the Website, superseding any prior agreements.
22. Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.