Endeavor Metals Group Customer Agreement

This Agreement is entered into between Endeavor Metals Group, L.L.C. (referred to as Endeavor, E.M.G. or “We”), and Customer(s) (referred to as purchaser or “You”) regarding the sale and purchase of precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins, in example, but not limited to ANACS, NGC, or PCGS, graded coins, non-graded coins, and other products which Endeavor Metals Group, L.L.C. currently offers or may offer in the future. This Agreement applies to all transactions between Endeavor and Customer(s) entered on or after February 25th, 2014.

1. Orders may be placed via telephone or in person. Terms of the order will be confirmed in a tape-recorded conversation with Customer for accuracy, price, quantity, method of payment, and other material terms of the order. An outline of Endeavor's risk disclosures will also be tape recorded. With the limited exception as stated below, all sales, regardless of payment type are final and not subject to exchange or refund.

2. Customer must pay for order via check, credit card or wire transfer in the amount sufficient to cover the purchase within three (3) calendar days of Endeavor's receipt of signed Customer Agreement. Checks should be made out to Endeavor Metals Group, L.L.C. Personal checks may take up to twelve (12) business days to clear.

3. Once Endeavor receives a completed, signed Customer Agreement, invoice (also attached herewith) and any other additional addendum that may be required from Customer, a written confirmation of the transaction will be sent.  Endeavor will send the invoice(s) and/or order by either Federal Express, regular U.S. mail, E-mail, or another reputable, nationally recognized delivery service to the respective Customer address on file with Endeavor, unless Customer provides new shipping instructions in writing prior to shipping date. All deliveries are sent via a method which can be tracked. A physical signature is required for all orders. It is the Customer’s responsibility to immediately notify Endeavor of any change of address. Endeavor will not accept responsibility for orders shipped to an incorrect address, therefore existing Customer's must provide updated information immediately of a change of address or contact information.

4. Upon receipt of good funds, Endeavor will deliver the Customer's order to the shipping address on file with Endeavor within twenty-eight (28) calendar days (or less depending on the requirements of the Customer's state of residence as stated below).  All deliveries are sent via a method which can be tracked. A physical signature is required for all orders.

5. Shipping and handling fees may be charged by Endeavor, including a fee for shipments to third party IRA Custodian. Any such fees will be disclosed at the time the order is placed.

6. All packages shipped to the Customer include liability insurance. If a shipment is lost or damaged during transit to Customer's shipping address, Endeavor may elect to replace the items with the same or comparable products. Additionally, Endeavor reserves the right to refund Customer's purchase price. Until shipment has been delivered to the Customer, Endeavor bears the risk of loss. If the product(s) shipped are delivered defective (such as marked or scratched), Customer has seven (7) calendar days from date delivered to make a claim by contacting an Endeavor Representative. Customer must retain all original packing materials intact and Customer must fully cooperate with Endeavor to disclose all information regarding such claim. After seven (7) calendar days of delivery, Customer waives all rights to make claim for defect or loss with Endeavor.

If Customer should refuse to accept delivery of the precious metals ordered or fails to make payment when payment is due, Endeavor shall, at its sole discretion, cancel the transaction and resell the product. If  such sale should result in a lesser amount than agreed to per contract with the Customer, Endeavor shall be entitled to recover the difference between the resale price and the price of the product sold to the Customer, plus any incidental fees that may result from the Customer's breach in contract. In the event the resale price is greater than the Customer's contract price, Endeavor shall be entitled to keep the excess amount to cover Endeavor's incidental damage.

7. Customer agrees to pay for all precious metals, coins, other items ordered, delivery charges, storage charges and other services, taxes such as sales tax associated with the product(s) or delivery, assessments or other charges imposed by a government, now or in the future, concerning any and all orders covered by this Agreement.

8. If Endeavor does not receive payment in good funds for initial or subsequent order of precious metals: rounds & bars, commemorative bullion coins, numismatic coins and other items within three (3) calendar days of Endeavor's receipt of signed Customer Agreement/Order Confirmation, Endeavor may charge Customer for any market loss Endeavor may incur. Endeavor reserves the right to dispose of the metals, coins, other numismatic/collectible or other items for Customer at their discretion without notice, unless required by law.

9. Customer agrees any and all amounts owed under this agreement shall constitute a lien and security interest in Customer's property and funds in Endeavor's possession, storage through Endeavor, or in Endeavor's control as collateral, now or in the future. If additional documentation is required to secure such lien and security interest, Customer agrees to sign required document(s).

10. If Customer does not pay for first or subsequent purchases within three (3) calendar days of Endeavor's receipt of signed Customer Agreement/Order Confirmation, Endeavor reserves the right to sell any or all item(s) to offset the cost, as permitted by law, however Endeavor chooses.  If such sale should result in a lower buy back price, the Customer will be liable for the difference.

11. By law, Endeavor cannot guarantee to repurchase any items sold by Endeavor. Endeavor will not guarantee to repurchase any precious metals, coins or numismatic/collectible coins, or other items it sells at any time. Endeavor will not guarantee to repurchase any items at the price that the Customer paid, due to market conditions and other factors such as mark-downs, mark-ups, supply, demand and quality, especially as it relates to coins or other numismatic/collectible items. The prices that Endeavor may be willing to purchase items for, may vary substantially from the original purchase price. Additionally, Endeavor's liquidation policy is subject to change without notice or conditions, unless as applicable by governing law.

13. If Customer wishes to sell items originally acquired from Endeavor such as coins, bars or numismatic/collectible coins, and Endeavor agrees to purchase the items, the purchase will be made at the current liquidation price.  Prior to liquidation, Endeavor will provide an estimated quote to the Customer based upon the Customer’s verbal description of the items to be liquidated. The Customer must then ship the items to Endeavor at the Customer’s own expense and risk, so that Endeavor may inspect them for quantity and quality prior to liquidation. If, and only if Endeavor agrees to purchase,  Customer will then receive a quoted purchase price in a recorded telephone conversation or in writing and payment will be sent to Customer's address on record via company check within five (5) business days. If Endeavor does not agree to purchase items or Customer does not agree to sell, the item(s) will be returned to the Customer and all fees associated for inspection, delivery and other pertinent fees used to evaluate items will be paid by Customer.

14. Endeavor reserves the right to purchase precious metals, coins or numismatic/collectible coins from Customers that were not originally purchased from Endeavor, at Endeavor’s sole discretion. Customer must contact an Endeavor Representative to provide detailed, verbal information regarding the items Customer would like to sell to Endeavor. If Endeavor agrees to provide an estimated quote to purchase items, the Customer must then ship the items to Endeavor, at the Customer’s own expense and risk. The items will be inspected for quantity and quality prior to purchase. Cost to inspect items will be at Customer’s own expense and risk. The Customer will receive a quoted purchase price in a recorded telephone conversation or in writing if, and only if Endeavor agrees to purchase items. If Endeavor does not agree to purchase items or Customer does not agree to sell, the item(s) will be returned to the Customer and all fees associated for inspection, delivery and other pertinent fees used to evaluate items will be paid by Customer.

15. With the exception as noted within this agreement (per specific state requirements below), ALL SALES ARE FINAL. This means Precious Metal orders cannot be partially or fully refunded or replaced. You may choose to request a refund if: 1- the property or services purchased from Endeavor are defective, not as represented, or not received as promised;2- you return the purchased property and  make a written request for the refund within time period ( listed below for the state in which you reside) of receiving the purchased property, or;3- within time period ( listed below for the state in which you reside) after paying for the purchased services and before the services are provided, you make a written request for the refund or credit. Customers are permitted to cancel their order within three (3) business days after receipt of the written confirmation or within seven (7) calendar days of delivery of the item(s). All requests to cancel must be confirmed via written request. All notices of cancellation must be provided no later than 5PM EST, on the last day of the refund period. Questions regarding notice of cancellations may be addressed by speaking directly with an Endeavor Representative at (855)753-3575 or via U.S. Mail to Endeavor Metals Group, LLC, at 1913 S Dixie Hwy, West Palm Beach, FL 33401 or via fax to (561) 671-4638

16. Customer agrees that whether the Customer places a call to Endeavor or Endeavor places a call to the Customer, telephone calls may be tape recorded and/or monitored, yet not all telephone lines or calls are recorded and Endeavor does not guarantee that any recordings of any particular telephone calls will be retained or be capable of being retrieved. Customer also consents to tape recording/ monitoring of Customer’s telephone conversations with any of Endeavor representatives and authorized outside third-party affiliates.  Customer acknowledges that the Customer does not have a reasonable expectation of privacy during any of the Customer’s telephone conversations with any Endeavor representative.  Customer further understands and agrees, with respect to the potential monitoring and/or recording of all of Customer’s telephone calls, that the Customer expressly waives the right to claim at any time that any conversations between the Customer and any Endeavor representative are or were confidential. Endeavor does not consent to the recording of telephone conversations by the Customer or any third party unless explicitly stated. This agreement shall serve as consent to such without further notice to Customer.

17. Customer (or Customer's authorized representative for Customer's other than an individual) states that the Customer is capable and of legal age to enter into this Agreement. Customer authorizes Endeavor to follow the instructions of any signer without notice to or consent from others or any non-signer if this Agreement is signed by or on behalf of more than one person. This also applies to an owner by virtue of a community property interest or other operation of law.  In the event Endeavor receives instructions from a signer differing from the authorized signer, Endeavor will follow the first instruction received.  If a signer becomes incompetent or is incapacitated, this Agreement shall survive and Endeavor may rely on instructions of any other signer of legal age and capacity to act on the signors behalf. Customer will notify Endeavor promptly of the death of any signer by providing a certified death certificate in order for Endeavor to treat the Customer’s goods as belonging solely to the estate or lawful heirs as determined by the respective laws. The decedent’s estate will remain fully liable for all obligations incurred up to the date of death. The decedent's estate shall be liable for all obligations incurred thereafter. Furthermore, Customer agrees to provide any additional consent and information required to make a determination regarding Customer's goods. The standing of the decedent's goods shall be at the sole discretion of Endeavor. Customer agrees to hold Endeavor harmless and protect Endeavor against any loss, liability, cost or expense, including reasonable attorneys’ fees, resulting from any action taken by Endeavor in the above referenced matter.

Authenticity Risks:

18. Forgery and counterfeiting are risks associated with the purchase of rare coins. To minimize these risks, it is recommended that investors only buy coins certified by one of the leading independent coin grading services. Apart from certain uncertified circulated coins, each coin sold by Endeavor that has been graded by either the Professional Coin Grading Service (PCGS), Numismatic Guaranty Corporation (NGC), or American Numismatic Association Certification Service (ANACS). Each of these coin grading services is recognized within the coin grading industry for its superior expertise, and each guarantees unequivocally that coins certified by it are authentic. Endeavor relies upon those guarantees in selling coins and does not independently verify whether certified coins are authentic. Accordingly, Endeavor disclaims any expressed or implied warranties associated with the coins, including that the coins are merchantable.

Grading Risks:

19. The value of a coin is highly dependent upon the condition, or "grade" of that coin. Since grading is a subjective process, there is risk in acquiring coins whose grades have not been independently certified by one of the leading independent coin grading services. The possibility exists that a coin could be misgraded by one of the independent grading services, and it is possible for such services to assign a different grade to the same coin upon resubmission. The guarantees provided by such services provide protection against misgrading, given the continuing solvency of the services. Endeavor cannot be responsible for any of the services' guarantees, or for subsequent changes in their policies and expressly disclaims any express or implied warranties associated with the grades assigned by PCGS, NGC, and ANACS.

Volatility:

20. Precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coin markets are subject to substantial price fluctuations, including significant and rapid increases and decreases in value from time to time. Investors must be able to assume the risk of such price fluctuations. Endeavor does NOT recommend owning precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins if you are unable to handle the volatility and the risk of loss.

Investment Performance:

21. The past performance precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coin is not indicative of future performance; there is no way to predict what the future market may be for numismatic and investment grade coins. The Customer must choose the appropriate precious metals for their portfolio or collection, we will do our best to assist you in acquiring assets that have the best opportunity to accomplish your goals; however, there is no guarantee. You understand that the decision to purchase precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins is ultimately your decision alone.

Unregulated State of the Numismatic Coin Market:

22. The coin market is not subject to some of the forms of governmental regulation applicable to other forms of investment. Conversely, there can be no assurance that, in the future, regulations which materially affect the coin market will not be imposed. At present, there are no restrictions on the ownership of precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins. However, there is no guarantee that, in the future, these benefits will not be restricted or totally removed by government regulation.

Bid Price:

23. Endeavor is a major buyer of precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins in certain segments of the coin market. If you wish to sell your coins in the future, the Endeavor would appreciate the opportunity to provide you with a bid to purchase them from you, although Endeavor cannot guarantee to make a bid on every coin. Should Endeavor make a bid on your coins, it is the Company’s current practice, which is subject to change in its sole discretion, to offer to buy coins that we commonly sell during our normal course of business. The bid price is raised or lowered on a daily, even hourly basis, depending upon various market conditions. Endeavor’s bid or buyback may be higher than what other dealers offer.

Economic Forces:

24. The success of an investment in precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins is dependent, at least in part, upon extrinsic economic forces including supply, demand, international monetary conditions and inflation, or the expectation of inflation. The impact of these forces on the value of coins cannot be predicted with any certainty. No assurance can be given that an investor or collector will be able to sell his or her coins at a price greater than or equal to their acquisition cost. *Please note: All investments involve risk, precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins are no exception. Precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins are speculative, unregulated, and volatile. Prices for these items may rise or fall over time.

Additional Risks & Considerations:

25. Endeavor does not guarantee that any Customer buying for investment purposes will be able to sell for a profit in the future. The value of raw bullion and ungraded bullion coins (e.g., PAMP Suisse gold bar, Gold American Eagle, Silver American Eagle, Canadian Maple Leaf, South African Krugerrand, etc.) is largely determined by the current spot or market price of bullion. This price fluctuates throughout the day.

26. The value of a commemorative, numismatic, or investment grade coins is determined by multiple factors which can and do fluctuate independently from bullion prices. These factors include: the perceived scarcity of the coin, its quality, current demand, market sentiment, and economic factors. Precious metal products can go down as well as up in value. These items may not be suitable for everyone. Endeavor does not determine the suitability of any specific person to purchase precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins. You should consult with your independent financial advisor regarding whether precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins is right for you. You should not acquire any products from Endeavor if you are not qualified to make your own financial decisions. You should obtain a thorough understanding of the precious metals you are interested in purchasing before you acquire these products as a collector or investor.

27. The investment value of precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins depends in large part on the price you pay. If you are acquiring any of the products offered by Endeavor as an investment, you should evaluate its current market value, potential for appreciation and liquidity and consult independent sources regarding these factors. Since precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and independently graded coins can decline in value, you should have adequate cash reserves and disposable income before considering acquiring precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins. We do not recommend early withdrawal from retirement accounts or investments which may result in substantial penalties or fees in order to acquire precious metals.

You should consult with your independent financial advisor:

28. Before disposing of any security, annuity, Certificate of Deposit, or other investment to acquire precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins you should consult with your independent financial advisor. Endeavor is not responsible for any changes in tax laws or other statutes which may affect any profit or salability of your precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins.

29. Endeavor does not claim any product it sells is or will be suitable quality for buying, using and/or selling for any specific purpose. Customer also agrees that no guarantees or warranties of any kind, including future value have been made by Endeavor regarding any  precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins it sells. Customer expressly agrees Endeavor has not made any guarantees or warranties regarding items being purchased. Endeavor is not a grading service. Customer agrees Endeavor will not be held accountable for any variation of grading or quality of coins being sold. Endeavor guarantees the precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade it sells are authentic as stated by various grading services. Endeavor relies upon the opinions of grading services such as the Professional Coin Grading Service (PCGS), Numismatic Guaranty Corporation (NGC), and American Numismatic Association Certification Service (ANACS). Endeavor does not guarantee that the coins it sells will achieve the same grades from PCGS, NGC, ANACS, or any other grading service in the future. Grading is a subjective determination and may vary from dealer to dealer and/or over time.

30. The representatives at Endeavor may be compensated through commissions; however, most staff members are also paid a salary or hourly rate. Their commissions, where applicable, are usually greatest on numismatic, commemorative, and investment grade coins as these products involve much more time and effort to procure, assemble, and maintain in a secure facility over their hold period by the Company. Their commissions are least on bullion metal related products. Their work experience, knowledge, background, and training vary widely. They may receive, from time to time, undisclosed compensation for recommending specific precious metal products.Endeavor’s representatives are not licensed as investment advisors and are not authorized to recommend the purchase or sale of any product or investment other than the products -- specifically precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins -- sold by Endeavor. Check with a licensed professional with expertise in a particular market before deciding to buy or sell any security, bond, annuity, or financial instrument.

31. Further, Endeavor representatives are not tax advisors and may not provide any advice regarding taxability, tax rates or related issues for any product that Endeavor sells. You should consult with your tax advisor regarding any questions about the tax implications of buying or selling precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins.

32. Endeavor suggests Customers do not invest more than 5%-20% of their retirement assets/portfolio in precious metals.  Customer is solely responsible for determining the proper percentage of precious metals acquired in an IRA or portfolio and will notify Endeavor in writing, if he or she intends to invest more than 20% of his or her retirement assets/portfolio prior to finalizing any order. Endeavor recommends Customers consult with his or her financial or tax advisor should he or she have any questions regarding the purchase or sale of precious metals and placing into their IRA account, as Endeavor representatives are not tax or financial advisors and are not authorized to provide tax or financial advice. Additionally, tax laws are complex and can change at any time, therefore any risk should be evaluated independently prior to entering into an Agreement with Endeavor.

33. Some bullion coins and bullion bars may be held in an IRA (Individual Retirement Account). Customer acknowledges there may be a spread as large as a spread/ price differential of 25% for all such bullion coins and bullion bars. Customer also understands numismatic and collectible coins carry a spread of up to 33.333% and their value can increase or decrease by factors by other than the price of metals.

34. Endeavor is not affiliated with any of the companies Endeavor may provide trustee and custodian services information or services for regarding IRA accounts. Customer agrees to be fully and independently responsible for selecting an IRA company suitable for the Customer. Endeavor shall have no liability or responsibility for any loss or damage that may result from his or her transaction with that or any other IRA service company.

35. Price differential or “spread” is the difference between Endeavor’s selling price (the “ask” price) and Endeavor’s buyback price (the “bid” price).  The “bid” price is the amount Endeavor pays to Customers for a coin. Endeavor’s “ask” price is the amount Endeavor charges Customers for a product.  Spread is calculated by subtracting the bid price from the ask price and then dividing the difference by the ask price. (Ask price – Bid price/Ask price).

Example: Endeavor's ask (or selling) price is $300 for a coin, and Endeavor's bid (or buyback) price is $200 for the same coin. The spread for this coin is 33.333%.

In this example, the bid price would have to appreciate $100 or 50% in order to break even.

Endeavor's spread on bullion coins, and bullion bars may be as high as 25%. Customer acknowledges that the Endeavor’s spread will vary based on market conditions and the availability of items.

In example, if Endeavor purchases a one-ounce silver round from a wholesaler at two-dollar premium over the spot market ask price, Endeavor will then sell the one-ounce silver round to the customer at four dollars ahead of the spot market asking price. In this example, Endeavor’s gross profit margin would be two dollars per ounce and the price of silver must increase approximately four dollars from the spot market ask price on the day of purchase before the customer can break even. This does not take liquidation fees, shipping, and other costs into consideration. This paragraph gives examples of Endeavor's current spreads and is subject to change.

36. In general, precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins are sold above their precious metal value. Bullion coins, rounds, and bars usually have the lowest premiums and numismatic, commemorative, and investment grade coins have higher premiums.  Premiums may increase or decrease based upon current market conditions such as supply, demand, and other market factors.  These factors may affect a coin’s pricing beyond changes in spot prices. Pricing is based on many factors including Endeavor’s overhead and other factors. Endeavor cannot control or guarantee a coin can be sold at the original purchase price or a greater amount in the future.

37. Endeavor cannot provide any forecast or prediction regarding increase or decrease in the value of any purchase of precious metals, coins or numismatic/collectible coins. Customer understands that investment in precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins is speculative, volatile and can be unpredictable due to prices rising and falling over time. For a profit to be made, prices must be greater than the spread and costs, as stated in the preceding section. Customer should consider all risks and benefits of profit or loss before making an investment.

38. Endeavor representatives may discuss the general direction of various financial markets but are not certified to make any claims regarding the market moving upward or downward. Endeavor representatives are not investment or tax advisors and may receive compensation from Endeavor when selling precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins. Endeavor suggests that the Customer should consult with an expert in the specific market of the respective product before deciding to buy or sell or any matters regarding investments. Additionally, Endeavor does not sell any precious metals: coins, rounds, bars, commemorative bullion coins, numismatic coins, and investment grade coins product which are exempt from applicable governed taxes. All factors must be taken into consideration prior to making an investment.

39. Other dealers may term, grade, or classify coins differently than Endeavor. Endeavor generally classifies coins as bullion, commemorative, semi-numismatic, numismatic, and investment grade coins. Bullion may come in bar or coin form. Some coins may fall within more than one category depending on their specific grade or condition. Numismatics are coins whose value is principally based upon such factors as condition, grade, scarcity and demand, rather than their precious metal content. Semi-numismatic and commemorative coins are coins that contain precious metals that generally move up and down with the spot price of the precious metal, but also contain additional value above their precious metal content. Investment Grade coins have been certified by a third-party to guarantee their condition and help track their rarity over time. There is a premium for these coins based upon such factors as supply and demand. Its value is principally based upon its precious metal content plus the cost of production. The value of a bullion bar or coin rises and falls with the price of the precious metal. There are a number of objective and subjective factors, including the age of the Precious Metal, its condition, the number of known copies, the likelihood of additional minting, the originating country, relevant historical events or owners (e.g., shipwreck; royalty), relevance to the formation of various Precious Metal collections, and an investor's personal attraction to the piece.  A classification of Precious Metals is only an opinion and may change over time (e.g., if additional quantities of the Precious Metal are discovered). Factors regarding the value of the specific product Customer is purchasing must be considered and Customer should refer to an independent expert in said product before entering into the Agreement.

42. Customer agrees that by entering into this Agreement, Customer hereby authorizes Endeavor to telephone you at telephone number(s) provided in this Agreement, irrespective of whether Customers telephone number(s) appear in the "National Do Not Call Registry." 16 CFR§310.4(b)(1)(iii)(B)(i) and (ii). In the event you do not want to be contacted via telephone, notify Endeavor and we will immediately place your telephone number on our "Do Not Call" list.

43. This Agreement supersedes all prior agreements between Endeavor and Customer. This is the entire agreement between Endeavor and Customer and there are no representations, written, oral or implied, other than those herein. This Agreement cannot be transferred or assigned to any other individual or entity, with the exception of Customer's personal representatives, beneficiaries, executors, successors and assigns as applicable and set forth within this Agreement (See paragraph "Confidentiality and Authorization"). Assignment of this Agreement will be deemed null and void.

44. Endeavor shall not be liable for any loss, delay, or failure to perform due to circumstances beyond Endeavor's respective, reasonable control. This includes, but is not limited to Acts of God, terrorism, earthquake, flood, embargo, riot, war, government restrictions or seizure, change in market conditions, revolutions, failure of Internet or Endeavor's internal computer systems and/or any other cause beyond Endeavor 's reasonable control.

45. In the event Endeavor does not exercise Endeavor's rights in one or more instance, Endeavor's actions will hold no bearing on exercising Endeavor's rights at a later time, nor should Endeavor's actions be deemed as a waiver to this Agreement.

46. Should any term of this Agreement become inconsistent with applicable law, such term will be modified in accordance with such law or removed from the Agreement. All other terms shall remain in effect.

THE PARTIES AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS TRANSACTION AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION OR TRANSACTION OF ANY KIND, REGARDING ANY CUSTOMER, CURRENT OR IN THE FUTURE, BETWEEN CUSTOMER AND ENDEAVOR, INCLUDING ANY OF ENDEAVOR'S CURRENT OR FORMER AGENTS, DIRECTORS, OFFICERS AND CUSTOMERS, SHALL BE BROUGHT AND BE DETERMINED BY ARBITRATION IN WEST PALM BEACH, FLORIDA BEFORE ONE ARBITRATOR. THAT PARTIES AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES AGREE THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR PROCEDING. THE ARBITRATION SHALL BE ADMINISTERED BY AN ARBITRATION SERVICE COMPANY ENDEAVOR ELECTS. ARBITRATION SHALL BE PURSUANT TO COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THE ARBITRATION SHALL BE ADMINISTERED AND SHALL BE PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). ALL PROCEEDINGS SHALL BE KEPT IN STRICTEST CONFIDENCE. CUSTOMER AND ENDEAVOR WAIVE THEIR RIGHTS, IF ANY, TO BRING ANY CLAIM THAT IS SUBJECT TO THIS ARBITRATION PROVISION AS A CLASS ACTION OR OTHERWISE ON A REPRESENTATIVE BASIS. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. UNDER NO CIRCUMSTANCES SHALL ENDEAVOR BE LIABLE TO ANY PERSON OR ENTITY FOR INDIRECT, INCIDENTAL ADDITIONAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF ENDEAVOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENDEAVOR’S LIABILITY IN ALL CLAIMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER, FOR THE ITEMS IN DISPUTE, LESS THE ITEMS FAIR MARKET VALUE AS OF THE DATE ANY ARBITRATION PROCEEDING IS COMMENCED.

CUSTOMER CONFIRMS THAT HE OR SHE HAS READ AND UNDERSTOOD THIS SECTION REGARDING ARBITRATION AND VOLUNTARILY AGREES TO BINDING ARBITRATION. IN DOING SO, CUSTOMER VOLUNTARILY GIVES UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.

Except as prescribed by law or where a shorter applicable statute of limitation exists,  any claim or legal action of any kind arising in connection with or relating in any way to purchases from or sales to Endeavor Metals Group, L.L.C., or otherwise must be brought within one year after the purchase or sale . Any claim or legal action of any kind arising past this time will be considered null and void. If this clause is determined to be unenforceable as to any claim or claims under the law of the applicable jurisdiction, it shall remain fully enforceable as to all other claims.

Throughout this Agreement, Endeavor has highlighted several investment considerations, including risk factors, that should be weighed before buying and selling precious metals, coins, rounds, bars, commemorative bullion coins, numismatic coins and investment grade coins.  For investors that are new to the precious metals market or who are 65 years or older, additional factors should be considered such as the percentage that your investment bears to your total net worth, your investment time horizon and your need for capital.

Endeavor recommends that you invest no more than 20% of your total liquid net worth in the metals market.  In the event that you elect to invest more than 20% of your liquid net worth, you have every right to do so but your risk exposure may increase depending upon the items referenced throughout this Agreement.

Another factor that should be considered is your age, your investment time horizon and your potential need for capital.  Once you reach retirement age and thereafter, events may arise which mandate and/or require the liquidation of your positions at a time that might not be advantageous for you.  Thus, you should make sure that you have sufficient liquid funds available to meet these uncertainties.  Therefore, Endeavor always recommends that you monitor the value of your investments so that you can take appropriate action to maximize your gain or mitigate your potential losses.

This Customer Agreement is intended by Endeavor and Customer as a final expression of their agreement concerning the matters set forth herein and is also intended as a complete and exclusive statement of the terms of their agreement.

Customer acknowledges that by signing below, he or she has read all pages and understands all of the terms and conditions of this Customer Agreement and shall be bound by them. The parties agree to arbitrate all claims and controversies as set forth above.

You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller

Specific State Refund Policies

Alaska, Arizona, Colorado, Montana, Mississippi, Hawaii, Utah, Oregon, Nevada, Oklahoma, Texas(credit card purchases only), Maine-For first time customers, timely notice must be given to Endeavor within ten (10) calendar days of when Customer receives the delivery. For subsequent purchases, timely notice must be given to Endeavor within three (3) business days of the Trade Confirmation is mailed or delivered to Customer.

Florida, West Virginia- timely notice must be given to Endeavor within seven (7) calendar days of when Customer receives the delivery.

Alabama- timely notice must be given to Endeavor within eight (8) calendar days of when Customer receives the delivery.

North Dakota- - timely notice must be given to Endeavor within fifteen (15) calendar days of when Customer receives the delivery.

Arkansas, Michigan, Virginia, Wisconsin- timely notice must be given to Endeavor within three (3) business days after the date that you sign the state specific Addendum.  Addendum is provided with the invoice. Signed Addendum must be sent within the specific time and if sending via mail, addendum must be properly addressed and postage prepaid with postage marked within time period allotted for the specific state in which you reside.

Indiana, Pennsylvania, South Dakota, Vermont, and Wyoming: timely notice must be given to Endeavor within ten (10) calendar days of when Customer receives the delivery.