Updated: February 7, 2012

These Terms and Conditions shall govern the relationship between you and Kitco Metals Inc. (“Kitco”) with respect to your use of all aspects of the Kcast Alerts service (the “Service”).  By subscribing to and using the Service, you agree to be bound by these Terms and Conditions, as well as by Kitco’s Website Terms of Use and by Kitco’s Privacy Policy. 

The Service delivers current precious metals prices and currency exchange rate alerts directly to your desktop or mobile via email or text message (SMS).

1. No Advice

The information and content provided in the Service is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice.  Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional.

2. Use of the Service

You acknowledge and agree that the Service is for personal, non-commercial use only, and that you will not copy, share, transfer, distribute or re-sell the Services, or alter, modify, create derivative works of or publicly display the content of the Service.  If you are uncertain as to whether your intended use of the Service is permissible, please contact Kitco. 
You are responsible for any fees of any kind whatsoever imposed by your cellular phone service and your Internet service provider.

3. Transmission of Information

The transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues, (i) third party telecommunications operators and (ii) the proper maintenance of your receiving equipment.  Kitco does not guarantee the delivery, quality of reception, or the accuracy of the contents of the Service.

4. SMS Alerts Service

The following section applies should you chose to subscribe to the Service using the text message (SMS) option (the “Pay Service”), which is subject to fees charged by Kitco (the "Messaging Fee"). 

4.1. Pay Service Description

Your subscription to the Pay Service (the “Pay Service Subscription”) entitles you to receive 150 mobile message alerts for a Messaging Fee of $2.49 USD in the U.S. or $2.50 CDN in Canada per 30 days. Message and data rates may apply.  At this time, the Pay Service is only available for U.S. and Canadian mobile numbers. Additional messages may be purchased in the U.S. for a one-time charge of $0.99 USD for 50 additional messages.

The Pay Service Subscription shall begin on the date you receive your first alert and will remain in effect for 30 days.  Your Pay Service Subscription will be renewed automatically each month for an additional 30 days and a new Messaging Fee shall become due for each new subscription period. The Pay Service Subscription shall remain in effect until terminated and/or cancelled by you.

4.2. Payment of Fees

The Messaging Fee shall be billed every 30 days irrespective of whether or not you actually view the SMS messages on your mobile device.  The consideration for the messaging fee shall solely be the monthly provision of the right to receive SMS Kcast alerts.  Each SMS Kcast alert may incur standard message rates, as determined by your wireless carrier.  All fees are due immediately and are non-refundable, except as otherwise expressly noted.

Messaging Fees will be billed to your regular wireless carrier invoice or deducted from your prepaid account on T-Mobile, AT&T, Verizon Wireless, Sprint, Virgin Mobile USA, Alltel, U.S. Cellular, Cellular One, Cincinnati Bell, Centennial Wireless, Unicel, Boost, Rogers, Bell Mobility, Fido, Vidéotron, Telus, Koodo, SasktTel Mobility, MTS, Aliant Mobility, Virgin Mobile, NothernTel Mobility and Télébec Mobilité. Each 30-day Messaging Fee will appear as a unique item on your regular wireless carrier invoice. Your phone must have text messaging capability. You must be the account holder or have permission from the account holder.

All Messaging Fees are subject to change upon notice, and Kitco will provide you with reasonable notice of such changes.  If you do not accept the new Messaging Fees (which will be applicable on your next regular billing date), you will have 14 days from the date of sending of the notice of new Messaging Fees to cancel your Pay Service Subscription, effective at the end of the then current billing date.  

4.3. Cancellation of Pay Service

You may cancel your Pay Service Subscription at any time by texting STOP to 54826, or by contacting Kitco at 1-877-775-4826.  Any unused SMS alerts that you have left in your 30 day package will be lost.  You will not get a refund for unused SMS alerts.

For help or additional information, text HELP to 54826 or contact Kitco at alertssupport@kitco.com. 

4.4. Content Provided by Partners

Certain activities related to the Pay Service, including, without limitation, customer billing, are performed for Kitco by Motricity and are subject to the Motricity Terms of Service and Privacy Policy.  Said Terms of Service and Privacy Policy are available at the Motricity website at http://www.motricity.com/terms-of-use and at http://www.motricity.com/privacy-policy.

5. Termination

Kitco reserves the right to suspend or terminate your use of the Service at any time, without prior notice, at its sole discretion, for any reason, including, without limitation, where Kitco believes you have violated any of these Terms and Conditions or the Website Terms of Use.   

Should you not sign in to the Service for a period greater than three months, Kitco will send you an email reminding you to keep your account enabled.  Should you fail to sign in to the Service after receipt of said email notification, Kitco will terminate your use of the Service.

Upon termination of a Pay Service Subscription, any unused SMS alerts that you have left in your 30 day package will be lost.  You will not get a refund for unused SMS alerts.

You acknowledge and agree that Kitco will not be responsible or liable for any damages or claims arising out of such a suspension or termination.

6. Modifications

Kitco reserves the right, at its sole discretion, to add to, remove or change these Terms and Conditions without notice at any time.  Except as otherwise expressly provided, changes will be effective immediately upon posting.  Review these Terms and Conditions regularly.  Your continued use of the Service after any such changes are posted will mean you accept the changes.

Kitco also reserves the right to unilaterally amend or withdraw the Service without notice at any time.

7. Miscellaneous

7.1. Applicable Law and Jurisdiction

The Terms and Conditions are construed in accordance with and governed by the laws applicable in the Province of Quebec and the laws of Canada applicable therein. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the province of Quebec in respect of all matters or disputes arising from the use of the Websites or of any of the Services, except as otherwise specifically stated herein.

7.2. Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.  Les parties aux présentes ont expressément convenu que cette entente et tout autre acte, document ou avis y afférent soient rédigés en anglais.

Kcast Alerts Terms and Conditions-v5

This document contains confidential and proprietary information of Kitco Metals Inc.