By opening a Customer Account with BULLION UNIVERSE, I acknowledge the following:
That I have received, read, and agree to be bound by the terms and conditions as currently set forth in the BULLION UNIVERSE Customer Agreement and as revised from time to time.
THAT BULLION UNIVERSE DOES NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE.
That BULLION UNIVERSE is not a trader on its own platform, however, it is a party for the administrative functions performed for the customer related transactions.
That the purchase and sale of precious metals involve a high degree of risk and are not suitable for all persons and that transactions subject to this Agreement are cash trades with BULLION UNIVERSE and are not subject to regulation by the Commodities Futures Trading Commission and the National Futures Association.
That trading on this website is not for securities and therefore is not regulated by the Securities Exchange Commission.
That I am aware that Funds or Product held in my account are not insured by the FDIC.
That BULLION UNIVERSE will supply my name to any bank holding the Funds in my account and/or to any depository holding precious metal products for my account.
That I have read and agree to the Fees and Rates for Services in the Fee Schedule presented in the Account Fees section of the website.
That all communication between BULLION UNIVERSE and Customer is electronic (e-mail), including acknowledgement of transactions. Customer accounts are self-directed and have access 24/7 for review of account status. Monthly statements are not issued by BULLION UNIVERSE.
THAT BY CONTINUING TO MAINTAIN MY ACCOUNT WITHOUT OBJECTING TO REVISED TERMS OF THE CUSTOMER AGREEMENT, I AM ACCEPTING AND WILL BE LEGALLY BOUND BY THE REVISED TERMS AND CONDITIONS.
THAT THIS ACCOUNT IS GOVERNED BY AN ARBITRATION CLAUSE which I have read in the Customer Agreement.
This Agreement between BULLION UNIVERSE ("Bu") and Customer(s) ("Customer") establishes an account for the purchase, sale, and storage of precious metals ("Products") through transactions on the Bu website and shall apply to all account transactions between Customer and Bu. In this Agreement, "Customer" refers to the individuals, corporations or parties who are the account holders, have an interest in the account(s) and accept this Agreement. Any Party opening an account as Customer is authorized to deal fully with the account for purposes of placing orders, receiving Funds or Products or otherwise. Any action taken by any such Party shall be binding on all other Parties with an interest in that account. Each such Party shall hold Bu harmless for relying hereon.
I UNDERSTAND THAT OPENING A CUSTOMER ACCOUNT WITH BULLION UNIVERSE IS THE LEGAL EQUIVALENT OF MY MANUALLY SIGNING THIS AGREEMENT AND I WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. I UNDERSTAND THAT Bu RESERVES THE RIGHT TO REVISE, MODIFY OR TERMINATE THIS AGREEMENT AT ANY TIME OR FROM TIME TO TIME WITH REVISED TERMS POSTED ON THE Bu WEBSITE. I ALSO UNDERSTAND BY CONTINUING TO MAINTAIN MY ACCOUNT, I AM ACCEPTING THE TERMS OF THE REVISED AGREEMENT AND I WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS UNTIL ALL MY OBLIGATIONS TO Bu HAVE BEEN FULLY DISCHARGED AND MY ACCOUNT IS CLOSED AT MY REQUEST OR IN Bu'S SOLE DISCRETION.
Power and Authority
If I am a natural person, I represent that I have attained the age of majority and have the legal capacity to enter this Customer Agreement and perform my obligations under it. If I am a legal entity, including a corporation, partnership, estate or trust, I represent that I have all necessary power and authority to execute and perform this Customer Agreement and that the execution and performance of this Customer Agreement will not cause me to violate any provisions in my charter, by-laws, partnership agreement, trust agreement or other constituent agreement or instrument. I further represent that this Customer Agreement, as revised from time to time, is my legal, valid and binding obligation, enforceable against me in accordance with its terms.
The terms and conditions of this Customer Agreement govern all aspects of the Customer relationship with Bu, including all transactions between Bu and Customer and all services now or in the future offered through Bu, beginning on the date the Account is opened.
(a) Right to Terminate
Bu reserves the right to terminate any Account at any time and to decline to provide any service, in each case in its sole discretion. Bu has the right to terminate an Account for any reason upon notice to Customer. Within thirty (30) days of termination Bu will deliver to Customer, at Customer's last designated address in Customer's file, any Funds held on Account for the benefit of Customer and all of Customer's Product held on Account in Depository. Bu shall deduct any costs associated with returning Funds or Product.
The terms and conditions of this Customer Agreement shall survive termination of a Customer Account and will continue to apply to any disputed or other remaining matters involving the Customer relationship with Bu. After the termination of an Account, Customer will remain liable to Bu for payment of any indebtedness or obligation to Bu.
Bu may revise this Agreement unilaterally or by posting such on the Bu website: www.BullionUniverse.com . Customer's continued account activity, constitutes Customer's agreement to be bound by such revisions and Bu may justifiably rely upon such account activity as acceptance of any such revisions.
(c) Service Providers
To ensure the security of Customer Accounts, Funds and Products, various features are offered or processed through a service provider, which may be an unaffiliated company. Customer Funds are held in a U.S. bank in an account dedicated to customer proceeds. Products submitted by Customers to Bu are held by a commodity vaulting entity that is licensed to hold Product per industry standards ("Depository"). Unless otherwise noted, all authority granted to, or limitations of liability of, Bu include their agents and representatives and any service provider. Bu reserves the right to select, change and designate service providers for any aspect of operations.
(d) Applicable Law
Bu may be required by Applicable Law to comply with U.S. government measures to fight the funding of terrorism and money laundering activities by obtaining, verifying, and recording information that identifies any person who opens an Account. In addition, disclosure of Customer information may be required to respond to lawful requests of government and regulatory authorities
(e) Acknowledgement of Risk
The purchase and sale of precious metals involve a high degree of risk and are not suitable for all persons. Transactions subject to this Agreement are for physical Products and are not subject to regulation by the Commodity Futures Trading Commission or the National Futures Association. The Bu website is not for securities trading and therefore it is not regulated by the Securities Exchange Commission. Funds or Products held in Customer Accounts are not insured by the FDIC. Bu shall be obligated only for the bullion value of any Product submitted or transacted.
2. ACCOUNT PROVISIONS
(a) Customer Information
Under penalties of perjury Customer certifies that the identification information submitted on the New Account form is correct and accurate information.
Unless otherwise required by this Customer Agreement, Customer shall update changes to any Account information, including email address. Customer shall maintain a valid e-mail address and continue to have access to the Internet. Customer shall indemnify and hold Bu harmless from and against all errors and losses arising out of or relating to the failure to provide true and accurate information or to update such information as required.
(c) Establishment and Funding of Accounts
After Customer submits all requested information, an account will be established by Bu in the name of the Customer. Customers may deposit Funds into their accounts by check or wire transfer. All transactions must be in United States Dollars. No foreign currency will be accepted. Funds received from Customer are deposited into a U.S. bank account dedicated to Bu customer proceeds. Credit cards may be used for services such as delivery expenses but NOT for purchase of Products. No interest is paid on any cash balance in a Customer Account.
(d) Self Directed
Customer's account with Bu is self-directed. This means Customer makes and is responsible for all trading decisions for Customer's account. Bu has not undertaken a duty to supervise Customer's investment in, or to make any recommendation to Customer with respect to the purchase, sale or other disposition of any Products or Funds or balances maintained in the account.
(e) Joint Accounts
If there is more than one Account holder, the legal ownership of the Account will be as designated on the Account application. If no designation is made, Bu will establish the Account as joint tenants with rights of survivorship.
Each Account holder agrees to be jointly and severally liable for all obligations arising under this Customer Agreement or otherwise relating to the Account, including responsibility for orders entered through the website or using any User ID and Password assigned to the Account, regardless of which Account holder gives such instructions, enters such orders or changes such Password.
Each Account holder has full authority, acting individually and without notice to any other Account holder, to deal with Bu as fully and completely as if such Account holder were the sole Account holder. Each Account holder authorizes Bu to follow the instructions of any one Account holder concerning any matter pertaining to the Account.
Bu is not responsible for determining the purpose or propriety of any instruction received from any Account holder as against any other Account holder, or of any disposition of payments or deliveries of fund withdrawals or sale of Products between or among Account holders. At its sole discretion, Bu reserves the right to require written instructions from one or all Account holders.
If Bu has notice of a dispute between or among Account holders, Bu reserves the right, but is not obligated, to place restrictions on an Account until Bu receives and has a reasonable amount of time to act on appropriate court documentation or a written, notarized instruction signed by all Account holders. All Account holders shall remain liable for any pending transactions that have not yet cleared at the time of the restriction.
Each Account holder agrees that, on the death or disability of an Account holder, divorce of married Account holders, or other event that causes a change in ownership or capacity with respect to the Account, the remaining Account holder(s) will immediately give Bu official written notice of such change of ownership or capacity. Bu is not responsible for any transfers, payments or other transactions in the Account made at the direction of a former Account holder or incapacitated Account holder before Bu received and had a reasonable amount of time to act on such official written notice.
Bu will not notify other Account holders of the actions taken by any one Account holder. Each Account holder agrees that notice provided to any one Account holder will be deemed to be notice to all Account holders for all purposes.
3. PRODUCT PURCHASES AND SALES
OrderMatch is a proprietary software mechanism that automatically matches customer(s)' buy orders to other customer(s)' sell orders electronically without interaction or identification between a buyer and seller.
(b) Customer Seller of Product
Product must be in the Depository and posted to the seller Customer Account before Product can be offered for sale and appear on the website. After completion of an Ordermatch, commissions are deducted and a credit is automatically applied to Seller's Pending Account Funds. Pending Funds are released to Available Funds within a clearing period of 1-7 banking days. Customer can leave the Funds in the Account or request a Funds Withdrawal of Available Funds payment by check or wire transfer.
(c) Customer Buyer of Product
After opening an Account and depositing Funds, Customer can initiate a buy order. After an Ordermatch is completed for the Customer, Funds are debited from the buyer's Customer account and title for the Product is passed to the buyer. At the time of confirmation of an Ordermatch, Customer will be advised of the full amount due and immediately payable to Bu.
A Customer Account must contain sufficient Funds to complete the Ordermatch to purchase Product. Upon completion of the Ordermatch and payment, Bu shall, deliver the Products to Customer Account as held in the Depository. Customer can request delivery or continued storage of Product.
(d) Counterfeit Product
The sale of counterfeit Products on the Bu website by a Customer can lead to legal action and civil and criminal penalties. Bu uses commercial best practices to identify counterfeit Products. If incoming or outgoing Product constitutes or includes Counterfeit Product the authorities (United States Secret Service or Homeland Security) will be engaged immediately and Bu will fully cooperate including providing Customer information. Any claim against Bu relating to Counterfeit Product will be subject to and limited by the Bu general liability policy.
4. DELIVERY OF PRODUCTS
(a) Delivery of Product from Selling Customer
As a security measure for your account, Products are held by a Bu approved Depository. When a Customer makes a paid Product Deposit request, the Depository will send a container, packaging, and pre-paid shipping label for the Product that Customer has selected for Deposit.
The Customer will pack product in the container as instructed and either contact the designated Carrier or deliver to the authorized Carrier for Delivery to the Depository. Customer is responsible for shipping Product to the Depository using the secured packaging and instructions provided for Product to be covered by Bu's 100% Loss Protection service.
If Product is already in the Customer Account and stored at the Depository, Product will be delivered automatically when a corresponding Sell Order has matched.
(b) Delivery of Product to Buying Customer
When Customer makes a paid Product Withdrawal request, it is released to the Depository for processing subject to the bank clearing period for the payment method corresponding to the Product. Once Released to the Depository, processing and shipping of the Product is normally within three (3) business days.
(c) Limits on Shipments
On higher value orders, multiple packages may be shipped on separate days to comply with Depository's risk and liability policies. Customer shall properly and accurately describe the Property in the Shipment to the Depository and declare its actual monetary value.
5. STORAGE AND OWNERSHIP OF PRODUCT
(a) Product Description
Products traded on the Bu website are those precious metal products having the exact same specifications of weight, fineness and maker and can be substituted for one another without any difference in current value and total weight.
(b) Product Ownership
Product ownership is Allocated to the Customer and the Product is stored in a Bu Customer Pool at the Depository. In the Bu Customer Pool Product is un-segregated from other Bu Customers, however the Bu Customer Pool itself is Segregated from other Depository customers and contains only products that have been received specifically into the validated Bu Customer Pool.
(c) Product Received
The Product that Customer receives out of the Bu Customer Pool is not necessarily the exact or specific product that was submitted by the Customer seller and matched to the Customer buyer order. However, the Product will meet the same specifications as indicated on the Product detail page.
6. SHIPPING PRODUCT
To deliver Product to the Depository or receive Product from the Depository, Customer must be the owner or the authorized agent of the owner of the Product being delivered and authorized to accept the terms of the shipping requirements. Depository uses carefully vetted Carriers to ship Product to and from Bu Customers.
When completing a Product Deposit order by delivering Product to the Depository, Customer must provide the Customer address and pack Product per the instructions and packaging containers received from the Depository. Customer is bound by the accuracy of all descriptions and valuations furnished to Bu in the Product Deposit order.
If Product is delivered to a Customer based on a signature release or waiver previously provided to the Carrier, then Bu responsibility shall end when the Product shipment is left at the Customer provided address and shall have no liability for any Product shipment to be delivered without a signature requirement. Bu shall have no liability for a Product shipment if Customer redirects a shipment for delivery to an address other than the address on the shipping label or requests the Carrier to intercept its scheduled delivery.
Depository will submit to all required security controls by air carriers and government entities. By delivering or receiving Product to or from the Depository, Customer consents to a search and/or screening of any delivery if and as required by any air carrier or government entity.
Bu's responsibility for a Product Shipment begins when the Depository or its Carrier physically takes possession of the Product, and signs a receipt or scans the tracking number. Bu's responsibility ends when the Depository Carrier delivers the Product shipment to the Customer address or to Customer's authorized representative.
Bu will only be liable for losses relating to a mysterious disappearance of the Product within any packaging container if the container has been properly sealed and packaged as required by the Depository instructions; the container shows visible signs of tampering or damage; and the delivery document for the Product contains: (a) a notation by the receiving party and (b) acknowledgement by the Depository of such tampering or damage.
If the Depository acknowledges that Product included in a Shipment is lost during the period in which Bu is responsible, Payment for loss shall be contingent upon Customer cooperation with any investigation into the loss and execution of all documentation reasonably requested by Bu or the Depository.
Customer must notify Bu in writing providing details of any claim within twenty-four (24) hours after discovery of any loss of Product. For claims for Product delivery to Customer from the Depository per Customer instructions, notice must occur not more than four (4) days following the anticipated date of delivery to Customer. For claims for Product delivery from customer to the Depository, notice must occur not more than seven (7) days following the anticipated delivery of Product to Depository. Customer hereby waives any claim unless notice is given within these time limits.
7. CHARGES AND FEES
Customer shall pay commissions, charges and other fees promptly as set forth in Bu's then-current fee schedule which is available on the Bu website. Bu may revise such fees, commissions and charges at any time by posting a revised schedule on its website. Bu shall have the right to apply payments from a Customer Account or to charge a Customer credit card for any charges not paid within seven (7) days.
(b) Transaction Fees
Commissions may be charged for transactions according to transaction types and are quoted at the time the order is created prior to confirmation. The commission rate is displayed on the Product detail page. Transaction fees are paid out of the Customer Account Funds.
(c) Delivery Fees
Fees apply to delivery of Product to Customer or from Customer to Depository. Delivery fees will vary depending on weight, value, destination and method of shipment. The delivery fees are automatically computed at the time the Product Withdrawal order is placed. Payments for delivery can be made by credit card or Account Funds. No delivery of Product can be made Collect-on-Delivery ('COD').
(d) Storage Fees
Storage begins when the Product is received and posted to the Customer Account or when a purchase is executed. Storage fees are not incurred for the first thirty (30) days. Storage fees for a Product in storage terminate upon ae Product Withdrawal request for that Product. Storage fees are pro-rated, billable monthly in arears, and payable with credit cards or Account Funds. Bu shall have the right to pay a Customer's overdue storage fees by liquidating Product held in storage by a Customer or by debiting the Customer Account Funds.
(e) Inactive Accounts
An annual maintenance fee of fifty ($50) USD will be charged for any account that has not had activity for at least three (3) years. The fee will be deducted from the Customer Account each year that the Account remains inactive starting on the fourth year. If the Account balance reaches zero, Bu shall close the Account. Product being held in storage by a Customer who is paying storage fees is not considered an inactive account.
8. POSTING AND RECEIPT OF FUNDS
(a) Customer Funds
Checks and wire transfers to Bu are handled by a Bu approved U.S. bank drop-box and upon receipt are deposited directly into an account designated for customer proceeds. Requests for Funds Withdrawal are handled by a Bu approved U.S. Bank that issues check and wire transfers to Customers from the Customer proceeds account. The Customer proceeds account is separate from any account used for company operations.
(b) Post Dated Checks
Bu does not accept postdated checks and shall not be liable for any loss caused by payment of a postdated item before its date. Bu and its bank service provider may retain images of items for a reasonable time.
(c) Posting and Receipt of Items
Bu reserves the right to post all wires and checks within one (1) business day after receipt. Any item received on a Saturday, Sunday or Federal Holiday shall be deemed received on the next business day.
(d) Insufficient or Uncollected Funds
Bu shall impose a service charge for any checks received that are declined by Customer's bank for payment.
(e) Stop Payments
Bu shall impose a service charge for any stop payment request and any returned item from Customer's bank resulting from a stop payment request.
(f) Wire Transfers and Check Disbursements
By sending Bu a Funds Withdrawal request Customer authorizes Bu and its bank service provider to act on Customer's behalf to initiate a wire transfer or check disbursement. Bu also may reject wire transfer or check disbursement requests. A Funds Withdrawal request cannot be revised or canceled after Bu receives it.
Customer indemnifies and holds Bu harmless from and against any losses arising out of or relating to: (i) the processing, clearing, payment or dishonor of any check written or authorized by Customer or believed to have been written or authorized by Customer; (ii) any actions in stopping, or failing to stop, payment on a check; (iii) any losses arising out of or relating to an attempt to revise or cancel a wire transfer or check disbursement request or arising out of or relating to any erroneous, mismatched or incomplete identifying information on an incoming wire.
9. NOTICES AND COMMUNICATIONS
(a) Notices and Account Statements
All communications between Bu and the Customer will be via e-mail or posted on the website and shall be effective when the e-mail is sent to the e-mail address provided by Customer or the posting appears on the website. Bu issues an email for any activities on the Account. Customer has access to the Account on the website 24/7 and is responsible for monitoring Account activity in lieu of monthly Account statements.
10. PERSONAL INFORMATION
(a) Privacy Statement
The respective rights and responsibilities of Bu and Customer regarding the collection, processing and use of personal information and limits to the use and are set forth in the Privacy Statement published on the Bu website, as revised from time to time. Such rights and responsibilities are further defined by Applicable Laws.
(b) Credit Report
If necessary Bu has the right to obtain a current consumer report about Customer or the renewal of Customer's Account. Bu has the right to report its credit experience with Customer. Upon Customer's request, Customer will be informed whether such a report was requested.
(c) Investigating Claims
Customer shall cooperate with Bu in any investigation of claims including providing additional personal information required to respond to lawful requests of government and regulatory authorities.
11. SECURITY AND DATA USE
When Customer is logged into the Customer Account, the Bu website security system automatically protects communications through server authorization and data encryption. Access requires password authentication to log into the Customer Account and to place a trade. Bu maintains adequate procedures to ensure the confidentiality of all account information. All passwords are confidential and are not known to Bu under the website security measures.
(b) Customer Responsibility
Customer is responsible for all acts and omissions relating to the use of the Bu website, including all orders entered through the website using User ID and Passwords. It is Customer's responsibility to maintain the confidentiality of the User ID and Passwords, to change Passwords regularly, and to keep them confidential.
Customer shall notify Bu immediately if: (i) an order is placed and the acknowledgement of the order or of its execution is inaccurate; (ii) Customer receives acknowledgement of an execution of an order which Customer did not place; or (iii) Customer becomes aware of any unauthorized use of Customer User ID and Passwords. Bu will not be liable for any losses with respect to the handling, mishandling or loss of any order.
(c) Market Data
Bu may provide electronic market information from Data Providers as a Customer courtesy. Bu does not guarantee the accuracy or timeliness of such information and will not be liable for any losses arising out of or relating to delayed or failure of issuance or from errors in such information. Customer shall use information for individual use.
As a further measure of security for Customer Accounts, Product stored at the Depository will be included in Depository internal audits and in Bu periodic audits.
12. SALES TAX
The sale of gold, silver, or numismatic coins, or of platinum, gold, or silver bullion is exempted from the taxes imposed by Texas Tax Code (Section 151.336). However, any other tax consequences of transactions with Bu are the sole responsibility of Customer and Customer shall pay to Bu any sales, use or other tax applicable to transactions with Bu.
13. DISPUTE RESOLUTION BY ARBITRATION
Any dispute arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the American Arbitration Association before a panel or three arbitrators selected in accordance with those rules. Arbitration shall be held in Montgomery County Texas. The laws of the state of Texas shall govern the interpretation of the Agreement excluding any provisions on the conflict of laws. Any arbitrated award issued hereunder shall be final and binding and all proceedings shall be confidential.
Bu is not liable to Customer or to any third parties for losses arising out of or relating to technical errors and omissions, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, operator errors, government restrictions, force majeure, exchange or market closings, rulings or suspension of trading; or any special, indirect, incidental or consequential damages that Customer may incur in connection with the use of the Account and website provided by Bu under this Customer Agreement.
The liability of Bu shall not, under any circumstances, include special, incidental, consequential, indirect or punitive losses or damages, or interest, whether caused by the fault or neglect of Bu and whether Bu had knowledge that such losses or damages might be incurred.
(a) U.S. Economic Sanctions
Accounts may be subject to U.S. economic sanction and embargo laws. Customer represents that Customer has not been designated by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") as a Specially Designated National or blocked person, Customer has no reason to believe that Customer would be considered a blocked person by OFAC and does not reside in a restricted country. Customer is not employed by, acting as an agent of, or partially owned or controlled by a government, a government- controlled entity or a government corporation. If Customer application is deemed to fall under OFAC guidelines, the Account may be declined or restricted from certain activity.
If any provisions of this Agreement shall be determined by a court of competent jurisdiction to be unenforceable in any jurisdiction, the remainder of this Agreement shall remain binding upon the parties. The enforceability of such provisions shall otherwise be unaffected and remain enforceable in all other jurisdictions.
The failure of Bu to insist upon strict adherence to any term of this Agreement on one or more occasions will not be considered a waiver or deprive Bu of any future right, power or remedy.
The provisions of this Agreement shall be continuous and shall inure to the benefit of Bu, its successors and assigns, and shall be binding upon Customer and/or the estate, personal representatives, administrators and successors of Customer. Bu may assign its rights and delegate its duties as to any or all transactions under this Agreement. Customer shall not delegate or assign any obligations hereunder without the prior written consent of a duly authorized officer of Bu and any attempt at such assignment or delegation without consent shall be void.
(e) Entire Agreement
This Agreement embodies the entire agreement among the parties and supersedes all previous written or oral communications, representations, or agreements between the parties relating to performance of any obligations in this Agreement.
(f) Choice of Law
Governing Law. This Agreement and all transactions hereunder shall be governed by and construed in accordance with the laws of the state of Texas without regard to any conflict of law rules.
(g) Electronic Copies
The electronically stored copy of this Customer Agreement is the true, complete, valid, authentic and enforceable record of the Customer Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form.
Unless otherwise specified in the terms of an order or purchase, Bu warrants that all Product delivered to Customer will be of a quality commensurate with the industry standard for that product.
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, OR SATISFACTORY QUALITY REGARDLESS OF WHETHER IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OR OTHERWISE ARE EXPRESSLY DISCLAIMED.
(i) Force Majeure
Bu will not be liable for loss of or damage to a Customer's Product related directly or indirectly to earthquake, flood, severe or extraordinary weather conditions, natural disasters or other act of God, fire, acts of war or related military and government activities including use of weapons and devices, acts of foreign or domestic terrorism, insurrection, riot, strikes, labor disputes or similar problems, accident, action of government, communications, system or power failures and equipment or software malfunction.