Terms & Conditions
1. Introduction
Welcome! You have reached a website and/or its subdomains (the “Site”) that is owned and operated by Berkshire Gold Group and/or its affiliates, related entities, divisions, subsidiaries, or parent companies (“Berkshire Gold Group,” “we,” “our,” or “us”). Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a contract between you and Berkshire Gold Group, and if you are using the Site or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms. Our Site is not intended for use by minors under the age of 16.
From time to time, Berkshire Gold Group may decide to modify, add, or delete portions of these Terms and will post those changes here. If Berkshire Gold Group does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Berkshire Gold Group reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Berkshire Gold Group further reserves the right to suspend or terminate the Services for any reason or at any time.
2. Privacy Policy
At Berkshire Gold Group, we are committed to privacy and security, and to providing the best possible user experience for our users. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms.
You understand that through your use of the Site or the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt-out of the sharing of this information depending on the jurisdiction in which you reside.
3. Proprietary Rights
You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Berkshire Gold Group or its licensors own all Content on this Site, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Berkshire Gold Group’s prior written approval.
For permission to use Content from this Site or from marketing material authored and distributed by Berkshire Gold Group, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].
4. Account Creation; Risk of Loss
If you open an investment account with us, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. Berkshire Gold Group will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password, and any information obtained from this Site.
5. Mobile Messaging and SMS Terms
You may receive notifications from Berkshire Gold Group directly to your mobile device via long codes (10DLC A2P), short codes, or Toll-Free numbers. Where required to do so, we have complied with applicable registration requirements. This type of messaging is used by Berkshire Gold Group to provide precious metals alerts, market information, historical perspectives, and promotions that empower both new and experienced investors. To opt into these messages, you may submit a form on our website to receive information. Message frequency may vary (approximately 7 messages per month) and message and data rates may apply. Carrier is not liable for delayed or undeliverable messages. By opting into this service, you consent to receive mobile text alerts using an automatic dialing system. You may also sign up by texting GOLD to 998899. By signing up, you confirm that you are over the age of 16. Please review our Privacy Policy for additional information on our data collection policies and procedures.
To opt out from SMS services, you can text “STOP” to 998899 from your mobile device, or follow instructions received in the text or SMS message. You will be unsubscribed from the text program. You will receive one SMS that confirms that you have successfully opted-out. After that, you will receive no additional messages until you opt-in again. To get help at any time, you may email us at [email protected] or call us toll free at (800) 462-0071. You may also text “HELP” to 998899.
Supported carriers include: AT&T Mobility, Verizon Wireless, Sprint Corporation, T-Mobile, US Cellular, Virgin Mobile, Google Voice, Truphone Limited, Open Mobile Puerto Rico, Claro Puerto Rico, MetroPCS, Boost, Mast Mobile, Associated Carrier Group (ACG), Tier 2/3 Carrier Group, Rural Carrier Group (RCG), Peerless Network.
6. Use of Account; Prohibited Actions
Berkshire Gold Group reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. You agree, represent, and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Site and the Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to civil and/or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Site by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Berkshire Gold Group’s systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage, or otherwise disable Berkshire Gold Group or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, Texas state, and international laws.
7. Security
Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, email header, or any part of a message header (except for the authorized use of aliases or anonymous remailers), and using manual or electronic means to avoid any use limitations.
- Submitted Materials
Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Berkshire Gold Group should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Berkshire Gold Group does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Berkshire Gold Group any information or creative works, including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (“Submitted Material”), you grant Berkshire Gold Group a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, distribute, perform, display, license, and sublicense (through multiple levels) the Submitted Material in any media now known or hereafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name you submit with any review, comment, or other content in connection with such review, comment, or content. If you send Berkshire Gold Group any Submitted Material, you warrant that the Submitted Material is not confidential or secret and that you own it entirely. You also warrant that you have all necessary rights (including rights of privacy and publicity) to authorize Berkshire Gold Group to use the Submitted Material as described. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Submitted Material. We may, but are not obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
9. Third-Party Websites
The Site may contain links to third-party websites (“Linked Sites”) that take you outside of the Berkshire Gold Group website and Services. We do not control, endorse, sponsor, recommend, or accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations regarding their accuracy, currency, or completeness. When you follow a link to another website, you will be governed by its terms of use and privacy policies.
Your dealings with advertisers or third parties found on or through the Site are solely between you and those third parties. Berkshire Gold Group is not responsible for any actions, losses, damages, liabilities, or expenses resulting from such dealings, and you agree to indemnify us for any claims arising from them.
10. Indemnification
You agree to defend, indemnify, and hold harmless Berkshire Gold Group, its affiliates, subsidiaries, officers, directors, employees, and agents from and against any claims, damages, liabilities, penalties, or expenses arising out of: (i) your use of the Site or Services; (ii) your violation of these Terms; or (iii) your violation of any third-party rights, including copyright, trademark, or privacy rights related to your User Content.
10. Disclaimers
The statements made on this website are opinions. Past performance does not guarantee future results. Precious metals, like all investments, carry risk. Gold, silver, and platinum coins and bars may appreciate, depreciate, or remain unchanged depending on various factors. Berkshire Gold Group cannot guarantee, and makes no representation, that any metals purchased will appreciate or be profitable. The decision to purchase or sell precious metals is solely the customer’s responsibility. Berkshire Gold Group does not provide investment, legal, retirement planning, or tax advice. Individuals should consult their advisors for these services.
BERKSHIRE GOLD GROUP MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY, OR CURRENCY OF THE WEBSITE’S CONTENT. THE INFORMATION IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. BERKSHIRE GOLD GROUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL BERKSHIRE GOLD GROUP (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, OR EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR DATA. BERKSHIRE GOLD GROUP’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SITE SHALL NOT EXCEED $100. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OR IT IS FOREVER BARRED.
13. Release
If you have a dispute with another user of the Site or Services, you release Berkshire Gold Group and its affiliates from all claims, demands, and damages related to such disputes.
13. Claims of Infringement
Berkshire Gold Group respects the intellectual property rights of others. If you believe that your work has been infringed, please send a DMCA Notice containing:
- Identification of the copyrighted work
- Identification of the infringing material
- Your mailing address, phone number, and email address
- The following two statements:
- “I have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.”
- “I swear under penalty of perjury that the information in this notice is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner.”
- Your full name and electronic or physical signature
Send this Notice to:
Copyright Agent
Berkshire Gold Group
600 Congress Ave, 14th Floor
Austin, TX 78701
15. Termination
Berkshire Gold Group may restrict, suspend, or terminate your access to the Site or Services at any time, without notice. You may terminate your use of the Services at any time by discontinuing access.
16. Severability
If any provision of these Terms is found to be unenforceable, the remainder shall remain in full force and effect.
17. Notice of Arbitration Provision and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights.
Any disputes arising from these Terms or the Privacy Policy shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Austin, Texas, and will be governed by Texas law. Each party shall bear its own costs. Arbitration constitutes a final and binding waiver of the right to bring a lawsuit or a jury trial.
18. General
These Terms are governed by the laws of the State of Texas. Any legal actions must be brought exclusively in the state or federal courts located in Austin, Texas, and you consent to such jurisdiction. These Terms constitute the entire agreement between you and Berkshire Gold Group. Sections intended to survive termination shall survive.
19. Contact Us
If you have questions about these Terms or the Services, you may contact us at:
Berkshire Gold Group
600 Congress Ave, 14th Floor
Austin, TX 78701
Email: [email protected]
Updated as of May 11, 2025