RISK DISCLOSURES

Please read this carefully and consult with your qualified legal, financial, and/or tax advisor(s) before investing in precious metals.

Any performance data quoted represents and is based upon past performance only, and is neither a prediction nor a guarantee of future performance or results Precious metals may increase and/or decrease in value, and investments in precious metals, like all investments, carry a risk of loss, so you should seek the advice of qualified legal, financial and/or tax advisors before investing in precious metals. SmartGold.com nor its principals or representatives collectively provide investment advice.

CUSTOMER’S ASSUMPTION OF RISK OF INVESTMENT

The customer assumes the risk of all investment decisions and acknowledges and understands that SmartGold.com has not made and will not make any guarantee, promise, representation, or prediction regarding the Customer’s ability to profit from any transaction, or any tax consequences or implications of any transaction. In no event shall SmartGold.com be liable for any direct or indirect damages resulting from any transaction involving the Customer. SmartGold.com expressly disclaims any express or implied warranties, including without limitation any warranty of merchantability or fitness for any particular purpose, and any warranty as to the grade or description of any precious metal. The customer alone decides what precious metals to purchase and if and when to sell precious metals, and SmartGold.com guarantees neither the profitability of any transaction nor that Customer will be able to sell any precious metal for a profit.

CUSTOMER’S INVESTMENT OBJECTIVES

Though SmartGold.com may assist Customer in selecting precious metals, Customer acknowledges and understands the decision to purchase precious metals, and which ones to purchase, is Customer’s decision alone and SmartGold.com is not responsible for Customer’s decisions. Customer further acknowledges and understands that any assistance SmartGold.com may offer to Customer, does not create a fiduciary or special relationship between Customer and SmartGold.com and that SmartGold.com is not authorized to offer or provide, and does not offer or provide, legal, investment or tax advice. Any written or oral statements by SmartGold.com regarding future events are statements of opinion only, and the Customer will not and may not rely upon such statements in connection with any investment or related decision. The customer acknowledges having been afforded the opportunity to discuss the risks of all investment decisions with SmartGold.com and/or the Customer’s own independent advisors and has not been coerced or pressured into any investment decision(s).

HOLDING PERIOD

Precious metals should be considered a long-term investment, and Customers should be prepared and willing to hold any purchased precious metal for several years, preferably five to ten years. Therefore, the Customer should not invest capital that cannot be held for at least this estimated period of time. The customer acknowledges and understands SmartGold.com makes no guarantee or prediction that Customer will make a profit, or will not sustain a loss, at the expiration of such period of time.

VOLATILITY OF MARKET

The performance of a precious metals investment depends in substantial part upon often-unpredictable extrinsic market forces, including without limitation supply and demand, international monetary markets, inflation, and general economic conditions and expectations. The impact of these forces, or any of them, on the values of precious metals, cannot be predicted with any degree of certainty. The customer acknowledges and understands the precious metals market(s) can be volatile and that prices may rise or fall over time, and that past performance is no indication of future performance. Moreover, precious metals are not suitable investments for anyone seeking current income. SmartGold.com shall not be liable for any loss caused directly or indirectly by any exchange or market ruling, government restriction, force majeure (i. e., the act of God, war, terrorism, embargos, labor dispute, etc.), or any other cause beyond SmartGold.com’s reasonable control.

DISCLAIMER OF DAMAGES

In no event, and under no legal theory, whether in contract, tort, or otherwise, shall SmartGold.com be liable for any direct, indirect, incidental, consequential, economic, non-economic, or punitive damages of any kind whatsoever, including without limitation damages resulting from any loss of profits, earnings or business, even if SmartGold.com is advised of the possibility of such damages.

RETIREMENT ACCOUNTS (IRAS)

Though SmartGold.com has made every effort to comply with current federal laws governing IRAs, SmartGold.com expressly disclaims any responsibility or obligation for any tax consequence or impact Customer incurs as a result of any Internal Revenue Code regulations or interpretations. The customer acknowledges and understands that the Customer has been advised to seek independent tax advice and SmartGold.com has not made, and will not make, any representations regarding the tax impact or consequences of precious metals held as an investment in an IRA.

NO REFUNDS

Except as expressly stated in the SmartGold.com transaction agreement, all sales are final and precious metals cannot be exchanged or returned for a refund. The customer agrees to carefully inspect each delivery upon receipt, and if for any reason the Customer is not fully satisfied with the quality of any precious metal purchased from SmartGold.com, the Customer will immediately notify SmartGold.com. If the Customer notifies SmartGold.com of the Customer’s dissatisfaction within fifteen calendar days after delivery of the subject precious metal and the original holder in which the subject precious metal was delivered has not been opened, removed, tampered with, or damaged, SmartGold.com will replace the subject precious metal with another precious metal of the same denomination/type and grade.

DISCLAIMER OF EXPRESS WARRANTIES

SmartGold.com warrants that the nature and precious metals content of purchased precious metals is as described and genuine, but no other express warranty is or will be made with respect thereto. Grades and descriptions of precious metals are solely expressions of opinion, are not statements or representations of fact or guarantees, and are based upon standards and interpretations that may and do change over time. SmartGold.com uses contemporary grading standards and interpretations to grade precious metals or relies upon the opinions of recognized independent grading services like Professional Coin Grading Service, Inc., Numismatic Guaranty Corporation of America, and American Numismatic Association Certification Service (ANACS). SmartGold.com does not guarantee or predict the precious metals it sells will achieve the same grades from SmartGold.com or from any independent grading service in the future.