Terms & Conditions

USER AGREEMENT:

Last updated on July 17, 2023.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCESS TO AND USE OF THE FORTUNE RESERVE WEBSITE (“Website”) AND ITS ASSOCIATED SERVICES AND CONTENT ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Ownership and Agreement Acceptance:
The Fortune Reserve website is owned and operated by FortuneReserve.com Inc. (“Fortune Reserve,” “we,” “us,” or “our”). By accessing or using the Website, including making purchases, sales, or placing orders, you agree to comply with the terms and conditions stated in this User Agreement (“Agreement”). This Agreement establishes a legally binding contract between you and Fortune Reserve. If you do not agree to these terms and conditions, you must refrain from using the Website.

Please direct any legal questions regarding this Agreement to:

J. Austin & Company
attn: Legal Department
1632 Ashland St.
Ashland OR, 97520

541-482-3715
customersupport@fortunereserve.com

About the Website
Fortune Reserve offers an interactive service that enables visitors and users to conveniently purchase and sell physical bullion, such as gold and silver, through online or phone transactions. We take pride in providing high-quality products by collaborating closely with mints and distributors.

The Website and its related content are provided for informational purposes only and may not be considered complete or up to date. Any reliance on the information provided by Fortune Reserve, its contractors and employees, invited individuals on the Website, or other visitors or users of the Website is done at your own risk. Please note that Fortune Reserve is not obligated to provide maintenance, technical support, or other assistance for the Website.

Ownership of Website and License:
You acknowledge and agree that Fortune Reserve is the rightful owner of, or holds rights in and to, the Website and its associated content, including all inherent intellectual property rights. The Website is protected by applicable laws, including intellectual property laws, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, unless otherwise permitted under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, creating derivative works, distributing, publicly performing, or publicly displaying the Website, in whole or in part, without prior written consent from Fortune Reserve.

Fortune Reserve grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Website for its intended purposes. Any violation of the terms and conditions of this Agreement or use of the Website beyond its intended purposes, such as unauthorized downloading or modification of the Website or any part thereof, will result in the termination of this license.

Without prior written permission from Fortune Reserve, you are not permitted to reproduce, create derivative works, distribute copies, publicly perform, publicly display, or use the Website or its content for commercial purposes. This license may be revoked at any time, and all rights not expressly granted herein are reserved by Fortune Reserve.

Trademarks:
All trademarks, whether registered or unregistered, displayed on this Website are the property of their respective owners. Specifically, all Fortune Reserve trademarks, including but not limited to Fortune Reserve® and all Fortune Reserve logos, are the exclusive property of Fortune Reserve. The trade dress of the Website, including its look and feel, color selections, layout, and arrangement, is also the trade dress of Fortune Reserve. You are strictly prohibited from using Fortune Reserve’s trademarks, service marks, trade dress, or any colorable imitations thereof to indicate the source, sponsorship, approval, affiliation, connection, or association with your goods or services without obtaining prior written consent from Fortune Reserve.

Account Registration:
Account registration and use of the Website are free. You have the option to search, view, purchase, and sell products as a guest without creating an account. However, if you choose to register an account and create a User Profile, you must provide the required information. By creating an account, placing an order, or selling on the Website, you agree to receive email and/or text notifications. You may opt out of these notifications at any time.

During the registration process, we may collect personally identifiable information, including but not limited to your name, company name, email address, phone number, mailing address, billing address, shipping address, country of residence, credit card details, and other necessary information. We may also collect certain non-personal information during your visit to enhance our customers’ security, improve the Website’s functionality, and provide better products and services. All information collected by us will be handled in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. We strongly recommend reviewing our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. In case of any conflict between the terms and conditions of this Agreement and our Privacy Policy, the Privacy Policy will take precedence.

You are responsible for providing truthful, current, complete, and accurate information through your account. It is your ongoing duty to update and maintain the accuracy of the information provided. Creating an account that impersonates another person, contains offensive or obscene language, or violates the rights of a third party is strictly prohibited. You agree not to use your account to interfere with or disrupt others’ enjoyment and use of the Website. Fortune Reserve reserves the right to restrict access, monitor, suspend, disable, or delete your account at any time, in its sole discretion, without prior notice.

You are responsible for maintaining the security of your account and should not disclose your password to others. You accept full responsibility for all activities conducted through your account, authorized or unauthorized. In case of unauthorized access to your account, you agree to notify Fortune Reserve immediately. You agree to hold Fortune Reserve harmless and indemnify us for any damages arising from your use of the account.

Order Policies and Procedures:
By creating an account, you consent to Fortune Reserve and its designees and agents contacting you via phone, text messages, and email.

All purchases, sales, and orders made with Fortune Reserve must comply with this Agreement and the associated policies and procedures. Placing an order to purchase or sell with Fortune Reserve constitutes a binding and legally binding agreement. Prices and availability of products are subject to change without notice.

When you place an order on the Website, the submitted price becomes the guaranteed price. An “order number” will be sent to you via email. To secure the guaranteed price, payment must be received by Fortune Reserve within the specified timeframe. For bank wire orders, payment must be received within two (1) business day. For check orders, the check must be postmarked for delivery within one (1) business day. Failure to submit full payment within the specified timeframe may result in assessing market losses between the order date and the time of non-payment.

An order is considered complete once we have received the funds in our bank account (wire) or the payment has cleared (check). In most cases, orders completed after the designated time frame may be denied. If any order is found to be in error, whether due to Fortune Reserve’s fault or other reasons, we reserve the right to cancel the order.

Fraud:
Fortune Reserve reserves the right, but has no obligation, to actively report and prosecute instances of actual or suspected fraud. We may, at our discretion, require additional 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 any order from the shipper if fraud is suspected. During the order process, we capture certain information that will be used to locate and identify individuals committing fraud. If we suspect any fraudulent activity related to a Website order, we reserve the right, but are not obligated, to submit all relevant records to law enforcement agencies, banks, and credit card issuers for fraud investigation. We fully cooperate with authorities to prosecute offenders of the law.

Payment Options:
Fortune Reserve accepts payments via credit card, debit card, bank wire, and ACH/eCheck. We do not accept credit card convenience checks or any third-party checks. Depending on the order amount, we may request additional documentation for certain orders. We also reserve the right to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days before shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders may be held for up to 45 (forty-five) calendar days, although this is uncommon. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you explicitly authorize Fortune Reserve to authorize and capture your credit card payment before shipment.

Credit/debit card payments for products purchased through the Website are processed by third-party payment processors, such as CyberSource and/or PayPal. You acknowledge and agree that a temporary $0.01 charge may appear in your pending transactions when you process an order through Fortune Reserve’s third-party payment processors. This temporary charge will be voided. Fortune Reserve will not be held liable for any overdraws that may occur due to the $0.01 charge. You are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website. You understand and agree that Fortune Reserve will not be held liable for any user’s failure to complete a transaction entered through the Website.

Fortune Reserve explicitly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation. In the event of an insufficient funds paper check payment, Fortune Reserve reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.

For canceled or offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. Once Fortune Reserve has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us, and you may be required to either pay for reshipment or accept Market Loss fees upon return. Fortune Reserve reserves the right to refuse or cancel an order for any reason or no reason at all, regardless of payment method or price confirmation. This includes orders deemed questionable or suspicious, orders posing a significant risk, orders with incorrect confirmed prices, orders affected by abrupt movements in the precious metals market, and orders with non-payment within the specified timeframe.

Fortune Reserve is not responsible for pricing or typographical errors related to merchandise on the Website and expressly reserves the right, at its sole and absolute discretion, to cancel all orders placed for such merchandise. In the event of a canceled order, Fortune Reserve will directly notify you of the cancellation.

In rare cases where an order has been packaged and prepared for shipment but has not been picked up by the shipper, Fortune Reserve may, at its sole and absolute discretion, attempt to intercept the package before shipping. If successful, a $25.00 charge will be applied to the customer’s credit card on file.

Return Policy:
Fortune Reserve’s refund, return, and exchange policy is limited to five (5) business days from the date you receive the item. You must notify Fortune Reserve’s Customer Service Department via email at customersupport@fortunereserve.com within five (5) business days from the date you receive the item and follow the provided instructions. Shipping charges are non-refundable. You are fully responsible for all taxes, as well as return shipping costs, including insuring your return shipment. Fortune Reserve may reject any returned or exchanged item that does not comply with these terms. In the case of an exchange request, Fortune Reserve explicitly reserves the right, at its sole and absolute discretion, to find an acceptable replacement or refund your money if an acceptable replacement is unavailable. Returns, refunds, and exchanges are subject to Fortune Reserve’s Market Loss Policy. All market gains on refunds, returns, and exchanges shall solely belong to Fortune Reserve.

Fortune Reserve Market Loss Policy:
Upon issuance of an order number following a purchase from Fortune Reserve, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at Fortune Reserve’s current asking price. If your item is canceled, you are responsible for any deficit between the price at which Fortune Reserve sold the item to you and the offsetting purchase price. As stated above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of Fortune Reserve. Additionally, to the extent that Fortune Reserve does not have any of your funds in its possession, Fortune Reserve reserves the right, at its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Fortune Reserve.

Without limiting any other legal or equitable rights and remedies that may be available to Fortune Reserve, we may choose to apply any and all funds in our possession to satisfy your monetary obligations and/or offset any obligations that Fortune Reserve may have to you. Fortune Reserve also reserves the right, at its sole and absolute discretion, to apply any and all funds in its possession toward the satisfaction of your obligations to Fortune Reserve.

Shipment:
Once your order ships, you will receive a Shipped email with a tracking number. Please note that in some cases, it may take 24-48 hours for tracking to begin.

Fortune Reserve fully insures all shipments, and any package over $1,000 requires a signature upon delivery. If any issues occur while your package is in transit, it will be covered by our insurance policy, subject to other conditions outlined in this Section. However, once a package is shown to be delivered by the carrier, Fortune Reserve’s responsibility ends.

It is important that you are physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes building managers, neighbors, business mailrooms, drop-off locations such as mailboxes, post office (PO) boxes, the Military Postal Service, etc. Please note that if you use any of these locations as the shipping address, Fortune Reserve is not responsible. Additionally, if the carrier returns the package to the sender due to no one being available to receive it, we will not accept responsibility if any issues occur during the return process. This includes the package not making it back to our distribution center, damage, missing contents, etc.

Furthermore, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service, or any person(s) who is not the addressee listed on the order.

Delivered but not Received – Please note that Fortune Reserve will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to Fortune Reserve within two (2) calendar days of recorded delivery; otherwise, Fortune Reserve may deny any claim.

Lost in Transit – Lost in Transit is defined by the USPS as tracking not updating for 5 or more calendar days. For FedEx, it is 3 calendar days. You must contact us within 7 days of the most recent tracking update for USPS and 3 days for FedEx. Failure to contact us within these timeframes will result in the loss of insurance coverage.

Missing or Damaged Contents – This refers to packages that arrive with missing items, wrong items, or damaged items. You must notify us within 48 hours of the delivery timestamp on the tracking. Failure to do so will result in the loss of insurance coverage.

For any of these issues, Fortune Reserve assumes the responsibility to pursue any claim with the insurance company, provided that you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including signing an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the specified timeframe. If we determine that the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.

Termination:
Either Fortune Reserve or you may terminate this agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this agreement shall not affect the rights and obligations of Fortune Reserve or you with respect to the period prior to the date of termination. Additionally, failure to make timely payments to Fortune Reserve may result in the termination of services as deemed appropriate by Fortune Reserve.
Section 230 of the Communications Decency Act You acknowledge and agree that Fortune Reserve is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Fortune Reserve may edit, remove, or control the content displayed through the website, you agree that Fortune Reserve will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the website or otherwise.

Overall, the website may contain links to third-party websites, applications, or services that Fortune Reserve does not own or control. You agree that Fortune Reserve will not be held responsible or liable for the content of third-party websites, applications, or services.

The views and opinions expressed by users, contributors, and others on this website do not necessarily state or reflect those of Fortune Reserve.

Disclaimers, Exclusions, and Limitations CAUTION:
All investments, including those in coins and bullion, involve some degree of risk and are affected by numerous economic factors, many of which are beyond the control of Fortune Reserve. You, and not Fortune Reserve, are responsible for such risk, including, without limitation, market volatility and the inability to liquidate products at an acceptable price or at all. Consult your investment or financial advisor prior to making any purchases or sales and fully assess whether you possess adequate savings and income before considering such investments. You represent and warrant to Fortune Reserve that you have sufficient experience and knowledge to make informed financial decisions, and Fortune Reserve is not making any recommendations regarding such purchases and/or sales. Disclaimer of Warranties FORTUNE RESERVE PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORTUNE RESERVE 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. FORTUNE RESERVE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

FORTUNE RESERVE WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. FORTUNE RESERVE IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. FORTUNE RESERVE RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

FORTUNE RESERVE WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT FORTUNE RESERVE’S CURRENT EXPECTATIONS 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 FORTUNE RESERVE’S CONTROL.

PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FORTUNE RESERVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS 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.

Limitation of Liability:
FORTUNE RESERVE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR SELLING BACK PRODUCTS PLACED VIA THE FORTUNE RESERVE 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 FORTUNE RESERVE ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. FORTUNE RESERVE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHERMORE, FORTUNE RESERVE SHALL NOT BE RESPONSIBLE 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 FORTUNE RESERVE’S REASONABLE CONTROL. FORTUNE RESERVE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE FORTUNE RESERVE ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. FORTUNE RESERVE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnity and Release:
You agree to defend, indemnify, and hold Fortune Reserve and its parent, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders, or other partners, employees, and advertising partners harmless from any and all claims, 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 this agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Fortune Reserve, or (g) your failure to perform your obligations under this agreement. If you are obligated to provide indemnification pursuant to this provision, Fortune Reserve 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 dispose of any claim without Fortune Reserve’s consent.

You are hereby agreeing to release Fortune Reserve and its parent, 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 the website and related products and services.

Entire Agreement:
This agreement constitutes the entire agreement between you and Fortune Reserve regarding the use of the website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Severability:
If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall remain in full force and effect to the maximum extent permitted by law.

Waiver:
The failure of Fortune Reserve to enforce any right or provision of this agreement shall not be deemed a waiver of such right or provision.

Assignment:
You may not assign or transfer this agreement, by operation of law or otherwise, without Fortune Reserve’s prior written consent. Any attempt by you to assign or transfer this agreement without such consent will be null and void. Fortune Reserve may freely assign or transfer this agreement without restriction. Subject to the foregoing, this agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Contact Information:
If you have any questions or need further information regarding this agreement, please contact Fortune Reserve at customersupport@fortunereserve.com

Relationship:
The sole relationship between you and Fortune Reserve is that of a purchaser and seller. No other relationship, express or implied, including agency, employee-employer, franchisee-franchisor, joint venture, or partnership exists.

No Waiver:
In the event of your failure to comply with your duties and obligations to Fortune Reserve, Fortune Reserve reserves all rights and remedies available at law or in equity. No delay or failure on the part of Fortune Reserve in exercising any right or remedy shall be considered a waiver of that right or remedy. Furthermore, no partial exercise of any right or remedy by Fortune Reserve shall prevent the further exercise of that right or remedy or the exercise of any other right or remedy. If you fail to comply with this Agreement, you expressly authorize and grant Fortune Reserve the right to charge your credit card for any market losses incurred by Fortune Reserve, including administrative fees resulting from price and market fluctuations for which you did not fulfill.

No Assignment:
You may not assign this Agreement, including your related rights and obligations, without the express prior written consent of Fortune Reserve. Fortune Reserve may grant or withhold such consent at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any permitted assignees and successors of both you and Fortune Reserve.

Force Majeure:
You acknowledge and understand that if Fortune Reserve and/or the Website are unable to provide the products and/or services due to a force majeure event, Fortune Reserve and/or the Website will not be in breach of any obligations under this Agreement. A force majeure event refers to any event beyond the control of Fortune Reserve and/or the Website. FORTUNE RESERVE SHALL HAVE NO 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 SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

Warranties, Representations, and Restrictions of Website Use:
You warrant and agree that you have the right and legal capacity to enter into this Agreement and adhere to its terms and conditions. You warrant that you are a human individual who is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your legal guardian for review. Minors under the age of thirteen (13) are prohibited from using the Website and/or related services.

You warrant and represent that any information you provide to Fortune Reserve and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules applicable in your jurisdiction. 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 retains ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense materials or content available on the Website, except as expressly set forth in this Agreement. 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 linked websites; (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 the Website), or create or use a false identity; (v) attempt to obtain unauthorized access to restricted portions of the Website; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail, or any other type of unsolicited solicitation; (vii) collect 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 Fortune Reserve’s 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 this Agreement.

Fortune Reserve hereby incorporates its Privacy Policy into this Agreement. This Agreement, together with the incorporated Privacy Policy, constitutes the entire agreement between the parties regarding the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Fortune Reserve.

Statute of Limitations:
YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Child Online Privacy Protection Act:
The Website is not directed to persons under the age of eighteen (18), and Fortune Reserve will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Fortune Reserve inadvertently collects such personally identifiable information, it will be deleted in accordance with its security protocols.

Reservation of Rights:
All rights not expressly granted herein are reserved to Fortune Reserve.

Privacy:
Your use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

Copyright © 2023 Fortune Reserve.