1. Agreement to Terms

By using this Site, you agree to these Terms, our Privacy Policy, Shipping Policy, and Return Policy, all of which are incorporated herein by reference. These Terms apply to all visitors, users, and customers of the Site.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to use this Site or make purchases. By using this Site, you represent and warrant that you meet these eligibility requirements.

You must be a resident of the United States to make purchases. We do not sell to, or ship to, addresses outside the contiguous United States.

3. Account Registration

You may be required to create an account to make purchases or access certain features. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

We reserve the right to suspend, terminate, or refuse to create any account at our sole discretion, without notice or liability, for any reason, including if we believe you have violated these Terms.

4. Important Disclaimer: Not Investment Advice

BYRD IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, BROKER, OR DEALER. NOTHING ON THIS SITE OR IN ANY BYRD COMMUNICATION CONSTITUTES FINANCIAL ADVICE, INVESTMENT ADVICE, TAX ADVICE, OR LEGAL ADVICE.

BYRD products, including gold jewelry and gold bullion, are sold as jewelry, collectibles, and tangible goods—not as investment instruments, securities, or financial products. Any decision to purchase gold or precious metals should be based on your own research and judgment.

You acknowledge and agree that:

• The value of gold and precious metals fluctuates and may go down as well as up
• You may lose money on your purchase
• Past performance of gold prices is not indicative of future results
• BYRD makes no representations or guarantees regarding the future value of any product
• You should consult a qualified financial advisor, tax professional, or attorney before making any financial decisions
• BYRD is not responsible for any financial losses you may incur

Any market data, price information, commentary, or educational content provided on the Site is for informational purposes only and should not be construed as a recommendation to buy, sell, or hold any product.

5. Products & Pricing

Product Descriptions: We make reasonable efforts to accurately display and describe our products. However, we do not warrant that product descriptions, photographs, pricing, or other content is accurate, complete, reliable, current, or error-free. Colors and appearance may vary due to monitor settings and photography.

Pricing: All prices are in U.S. dollars. Due to the nature of precious metals markets, prices are subject to change at any time without notice. The price at checkout is the price you will be charged, subject to order acceptance.

Pricing Errors: We reserve the right to correct any errors, inaccuracies, or omissions in pricing or product information, and to cancel any orders placed at incorrect prices, even after your order has been confirmed. If an item is listed at an incorrect price due to typographical error or error in pricing information, we have the right to refuse or cancel any orders placed for that item.

Availability: All products are subject to availability. We reserve the right to limit quantities and to discontinue any product at any time without notice.

6. Orders & Acceptance

Order Confirmation: Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, at any time, even after your order has been confirmed.

Right to Cancel: We reserve the right to cancel any order, in whole or in part, at our sole discretion, including but not limited to cases where:

• There is a pricing or product description error
• The product is out of stock or discontinued
• We are unable to verify your identity or payment information
• We suspect fraud or unauthorized activity
• The shipping address cannot be verified or is restricted
• Market conditions or pricing volatility create undue risk
• The order appears to be for resale or commercial purposes

If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

Order Limits: We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit card, or orders that use the same billing or shipping address.

7. Payment Terms

Payment is due in full at the time of purchase. We accept major credit cards and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge the full amount of your order.

All payments are processed through secure, PCI-DSS compliant third-party payment processors. BYRD does not store your full credit card information on our servers.

You are responsible for any applicable sales tax, use tax, duties, or other taxes or fees associated with your purchase.

8. Product Authenticity & Quality

All BYRD gold products are guaranteed to meet stated purity standards. Our 18-karat gold jewelry contains 75% pure gold (750 fineness). Our 24-karat gold bullion is 99.99% pure gold (9999 fineness).

Certificates of authenticity and assay documentation are provided where applicable. Weight specifications refer to the total gold content as stated in the product description.

9. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, photographs, product designs, trademarks, trade dress, and software, is the exclusive property of Fly With Byrd, Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any content from this Site without our prior written consent.

The BYRD name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fly With Byrd, Inc. You may not use such marks without our prior written permission.

10. Prohibited Uses

You agree not to use the Site:

• For any unlawful purpose or in violation of any applicable law or regulation
• To engage in any fraudulent, deceptive, or manipulative activity
• To interfere with or disrupt the Site or servers or networks connected to the Site
• To attempt to gain unauthorized access to any portion of the Site or any systems or networks
• To harvest, collect, or store personal information about other users
• To impersonate any person or entity or misrepresent your affiliation
• To use any automated system, including bots, scrapers, or spiders, to access the Site
• To purchase products for resale without our written authorization

11. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, BYRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BYRD DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BYRD MAKES NO WARRANTY OR REPRESENTATION REGARDING THE VALUE, FUTURE VALUE, LIQUIDITY, OR INVESTMENT POTENTIAL OF ANY PRODUCT. THE PURCHASE OF GOLD OR PRECIOUS METALS INVOLVES SUBSTANTIAL RISK AND MAY NOT BE SUITABLE FOR ALL PURCHASERS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYRD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or goodwill
• Financial losses from market fluctuations or changes in gold prices
• Losses resulting from your reliance on any information provided on the Site
• Any other intangible losses

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PURCHASE OF ANY PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF BYRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BYRD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR ANY PRODUCT EXCEED THE AMOUNT YOU ACTUALLY PAID TO BYRD FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fly With Byrd, Inc., its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site or any products purchased
• Your violation of these Terms
• Your violation of any law or the rights of any third party
• Any content you submit or transmit through the Site
• Your negligent or wrongful conduct

14. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact us at clientservices@flywithbyrd.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

Binding Arbitration: If the dispute cannot be resolved informally, you and BYRD agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products purchased (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Blaine County, Idaho, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND BYRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Jury Trial Waiver: BY AGREEING TO ARBITRATION, YOU AND BYRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to clientservices@flywithbyrd.com within thirty (30) days of your first purchase, stating your name, address, and clear intent to opt out of arbitration. If you opt out, you and BYRD may pursue claims in court.

15. Governing Law & Jurisdiction

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law principles.

For any matters not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Blaine County, Idaho, and waive any objection to venue in such courts.

16. Third-Party Services

The Site may contain links to third-party websites or services, including our Buy Back Program partner APMEX. We are not responsible for the content, policies, or practices of any third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

BYRD makes no representations or warranties regarding third-party services, including APMEX's Buy Back Program pricing, availability, or performance.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and BYRD regarding your use of the Site and purchase of products, and supersede all prior agreements, representations, and understandings.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

For questions about these Terms of Service, please contact us:

Email: clientservices@flywithbyrd.com

Fly With Byrd, Inc.
PO Box 642
Ketchum, ID 83340