1. Payment: Customer agrees to satisfy all payments for PMCcoin (“Tokens”). Customer is also responsible for any other cost imposed by any government or jurisdiction in taxing or assessments relating to Tokens purchased from DG Capital.

  2. PMCcoin: PMCcoin is an Ethereum token offered by DG Capital through an agreement with the vendor to be used solely to facilitate the purchase of vendor’s products and services through a secure clearance and settlement system. PMCcoin is fractional, digital gold and its value as a commodity is backed 100% by physical gold.

  3. Delivery: Tokens purchased from DG Capital will be delivered directly to the vendor’s blockchain wallet to facilitate customer’s purchase of vendor products and services.

  4. Refunds or Returns: All Token sales are final and not subject to cancellation unless the state in which the customer resides provides for otherwise. 

  5. Returns: All disputes or customer concerns as to Tokens must be made to DG Capital immediately, as ALL SALES OF TOKENS ARE FINAL AND NONREFUNDABLE.

  6. Token Pricing: Token pricing is determined by the current spot price of gold. It is understood that DG Capital will charge a spread of between 6-10% above the spot price of gold. Moreover, DG Capital will always retain 100% of the sale price of any Token in the form of physical gold or a direct derivative of gold.

  7. Relationships: DG Capital will not be responsible for any delays, defaults or loss due to circumstances which are outside its ability to control. DG Capital’s representatives are not licensed investment advisors and are not making any recommendations for Tokens. No DG Capital representation shall ever act as an agent for any customer. Customer agrees that no fiduciary relationship exists between DG Capital and customer and that the customer’s decision to purchase Tokens solely for use in the vendor’s established settlement and clearance system are customer’s decision alone.

  8. Warranties and Guaranties: DG Capital expressly disclaims and rebukes any other warranties for Tokens. Customer agrees and confirms that no warranties or guarantees have been made pertaining to the value of any Token. 

  9. Risk Disclosures and Other Important Disclaimers: Digital tokens are a new asset class with a limited track record. DG Capital believes that Tokens, like physical precious metals, are commodities. There is no legal requirement that any provider of goods and services will accept it as payment. Further, the regulatory framework governing digital tokens is constantly evolving, both in the U.S. and around the globe. Regulatory developments could impact availability or pricing. Technological advances and other developments may impact the Token’s use in vendor’s ecosystem as well. DG Capital does not mine Tokens or operate as an exchange.  DG Capital is not in the money services business or engaged in Initial Coin Offering activities.  

  10. Dispute Resolution Policy All disputes which may arise regarding Tokens shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (“AAA”). Customer and DG Capital will bear its own costs and attorneys’ fees incurred in connection with the AAA arbitration proceeding. All of the parties understand and agree that they are waiving the right to a jury trial before a judge. Neither the customer nor DG Capital shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (the “FAA”), and, to the extent any provision of the FAA is inapplicable, the laws of the State of Utah.

  11. Jurisdiction and Venue: Jurisdiction and venue for any dispute, claim, or controversy arising out of or relating to these terms and conditions or the breach, termination, enforcement, interpretation validity thereof, or any other interaction between DG Capital and customer, shall be in Salt Lake City, Utah and any party making a claim against DG Capital in whatever form hereby submits to personal jurisdiction in that forum for any and all purposes.

  12. Purchase of PMCcoin: Customer understands that it is purchasing Tokens solely to facilitate purchases of products and services offered by vendor. It is understood that this is a purchase of Tokens from DG Capital, not any other product or service.  IN NO EVENT SHALL DG CAPITAL OR ITS AFFILIATES HAVE ANY OBLIGATION OR LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED OR ARISING FROM OR RELATED TO ANY PRODUCTS AND SERVICES PURCHASED FROM VENDOR WITH THE TOKENS.

  13. Direct Transfer of Tokens: Customer understands and agrees to the direct transfer of the purchased Tokens into the vendor’s digital wallet provided to DG Capital specifically and solely for facilitating the purchase of its products and services, and not for any other purpose.