Terms & Conditions
Last Updated: 2026-02-17
1. Binding Agreement
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "your") and Factor Holdings LLC, doing business as Factor Holdings Capital ("we," "us," or "our"), governing your access to and use of the website located at factorholdingscapital.com (the "Site") and all related services, content, and communications. By accessing or using the Site, subscribing to Smart Alerts, or submitting any form on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site immediately.
2. Eligibility
You must be at least 18 years of age to use the Site, subscribe to Smart Alerts, or submit information through any form on the Site. By using the Site, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into this agreement.
3. Description of Services
Factor Holdings Capital is an educational platform that provides informational content, market analysis, and research-backed insights related to inflation trends and precious metals. We deliver this content through our Site and through our Smart Alerts program via email and SMS. We do not provide personalized investment advice, sell financial products or securities, or manage client funds.
4. SMS Consent and Communications
By providing your mobile phone number and clicking "Get Smart Alerts," you are providing your prior express written consent, as defined under the Telephone Consumer Protection Act (TCPA), to receive recurring automated marketing and informational text messages from Factor Holdings Capital. Messages may be sent using an Automatic Telephone Dialing System (ATDS) or prerecorded voice technology to the mobile number you provide.
Message frequency varies depending on market activity, new research publications, and educational content releases. Standard message and data rates may apply depending on your mobile carrier and service plan. Consent to receive SMS messages is not a condition of any purchase or use of our services.
You may opt out of SMS messages at any time by replying STOP, END, QUIT, or UNSUBSCRIBE to any message you receive from us. After opting out, you will receive a one-time confirmation message verifying that you have been unsubscribed. Reply HELP to any message for assistance or contact us at support@factorholdingscapital.com.
5. Carrier Liability
T-Mobile and all other wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and network conditions. Factor Holdings Capital is not responsible for messages that are not received due to carrier issues, device incompatibility, or incorrect contact information provided by you.
6. Email Communications
By providing your email address, you consent to receive educational and informational emails from Factor Holdings Capital, including Smart Alerts content, market updates, and related communications. Every email includes an unsubscribe link. You may opt out of email communications at any time by clicking the unsubscribe link or by contacting us directly.
7. Intellectual Property
All content on the Site, including but not limited to text, graphics, images, logos, data compilations, research materials, and software, is the property of Factor Holdings LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Site without our prior written consent.
8. User Conduct
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
- Attempt to gain unauthorized access to any part of the Site, its servers, or any systems or networks connected to the Site.
- Use any automated system, including robots, spiders, or scrapers, to access the Site for any purpose without our express written permission.
- Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
- Provide false or misleading information when submitting forms on the Site.
9. Important Finance Disclaimer
No Investment Advice
The content provided on this Site and through Smart Alerts is for informational and educational purposes only. Factor Holdings Capital is not a registered investment advisor, broker-dealer, or financial planner. Nothing on this Site constitutes personalized investment advice, a recommendation to buy or sell any security or financial instrument, or an offer or solicitation of any kind. You should consult with a qualified, licensed financial advisor before making any investment decisions based on information obtained from this Site.
High Risk and Total Loss Warning
All investments, including investments in gold and precious metals, involve substantial risk of loss and are speculative in nature. The value of investments can fluctuate significantly, and you may lose some or all of your invested capital. Past performance of any asset class, investment strategy, or market is not indicative of future results. You should only invest funds that you can afford to lose entirely, and you should be prepared for the possibility of total loss of your investment.
Forward-Looking Statements
Certain content on this Site or in Smart Alerts communications may contain forward-looking statements, including projections, opinions, expectations, or estimates regarding future market conditions, economic trends, or asset performance. These forward-looking statements are based on current assumptions and beliefs, which may prove to be inaccurate. Actual results and outcomes may differ materially from those expressed or implied in any forward-looking statements. Factor Holdings Capital undertakes no obligation to update or revise any forward-looking statements to reflect actual results or changes in expectations.
10. No Warranties
The Site and all content, information, and services provided through the Site are offered on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Factor Holdings LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Factor Holdings LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, investment losses, or business opportunities, arising out of or related to your use of or inability to use the Site, reliance on any content provided through the Site, or any transaction or investment decision made based on information obtained from the Site, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Factor Holdings LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any investment decisions you make based on content from the Site; or (e) any information you submit through the Site that is inaccurate, misleading, or in violation of any third-party rights.
13. Arbitration and Class Action Waiver
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by a nationally recognized arbitration organization under its applicable rules. The arbitration shall take place in Aurora, Colorado, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class Action Waiver: You and Factor Holdings LLC agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against Factor Holdings LLC. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision in this section shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the applicable federal laws of the United States, without regard to conflict of law principles.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Factor Holdings LLC regarding your use of the Site and supersede all prior agreements, understandings, and communications, whether oral or written.
18. Contact and Notices
For questions, concerns, or legal notices regarding these Terms, you may contact us by:
- Email: support@factorholdingscapital.com
- Contact form: factorholdingscapital.com
- Mail: Factor Holdings LLC, 1497 S Lansing St, Aurora, CO 80012, United States
All legal notices must be sent to the mailing address above to be considered received by Factor Holdings LLC.
19. SMS Terms
This section governs the Factor Holdings Capital SMS messaging program and supplements the SMS-related provisions in Section 4 of these Terms.
Program Description: Factor Holdings Capital offers an SMS alert service ("Smart Alerts") that delivers educational content about inflation trends, gold market analysis, and related financial topics directly to your mobile device.
Consent: By entering your mobile phone number and clicking "Get Smart Alerts," you provide your prior express written consent under the Telephone Consumer Protection Act (TCPA) to receive recurring automated text messages from Factor Holdings Capital at the mobile number provided. Consent is not a condition of any purchase.
Message Frequency: Message frequency varies. You may receive multiple messages per week depending on market activity and content publication schedule.
Costs: Message and data rates may apply. Factor Holdings Capital does not charge for SMS messages, but your mobile carrier may apply standard messaging fees according to your service plan.
Opt-Out: Text STOP, END, QUIT, or UNSUBSCRIBE to any message to opt out. You will receive a single confirmation message. No further messages will be sent unless you re-subscribe.
Help: Text HELP for assistance, or contact support@factorholdingscapital.com.
Carrier Disclaimer: T-Mobile and all other wireless carriers are not liable for delayed or undelivered messages. Carriers and Factor Holdings Capital are not responsible for messages not received due to network issues, device limitations, or outdated contact information.
Supported Carriers: The SMS program is compatible with major U.S. carriers. Coverage and delivery may vary by carrier and location.