TERMS AND CONDITIONS
TERMS AND CONDITIONS
These Terms and Conditions (the “Agreement”) are entered into between the Customer (the “Customer”, “you”, or “your”) and Asset Marketing Services, LLC, d/b/a GovMint®, Scarce & Unique®, and its affiliates, subsidiaries, parents, officers, directors, agents, and employees (the “Company”) (collectively, the “parties”) as of the Effective Date written below.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY. You agree and acknowledge that you have carefully read and fully understand all of the provisions of this Agreement and the effects thereof, and that you knowingly and voluntarily agree to be bound by this Agreement and its terms.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON YOUR ABILITY TO ASSERT CLAIMS AGAINST THE COMPANY, INCLUDING AN ARBITRATION PROVISION, CLASS-ACTION WAIVER, AND A 2-YEAR CLAIM LIMITATIONS PERIOD.
SCOPE. This Agreement governs all transactions between you and the Company, whether by telephone, internet, email, catalog, mailer, or otherwise, occurring on or after the Effective Date. You further agree that this Agreement supersedes and modifies all agreements between you and the Company with respect to any transaction between you and the Company occurring prior to the Effective Date.
POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. The following policies and agreements are incorporated by reference as though fully restated in this Agreement: (a) Privacy Policy; (b) Terms of Use; (c) Return Policy; and (d) Split Pay Policy (collectively, the “Additional Agreements”). You may also obtain copies of the Additional Agreements by emailing [email protected], or by calling 1-800-721-0320. In entering into this Agreement, you expressly accept and agree to the terms of the Additional Agreements.
CLAIM LIMITATIONS PERIOD; TIME TO BRING A CLAIM. You and the Company agree that any legal or equitable claim or demand that either party may have arising out of or relating to any interaction between You and the Company, including without limitation (a) any purchase from or other transaction with the Company, and (b) the making, execution, performance, interpretation, applicability, validity, or enforceability of this Agreement, is barred if not commenced within two (2) years from either the date of the interaction giving rise to the claim or demand or the first date upon which the claim or demand could have been made in whole or in part, whichever is sooner.
COMPANY REPRESENTATIONS AND WARRANTIES. The Company represents and warrants that (a) it is a licensed Bullion Products Dealer with the Minnesota Department of Commerce, License #40385245; (b) it is a retail distributor of world coin issues, numismatics, currency, and collectibles; (c) it is not affiliated with the U.S. government; and (d) the products the Company sells are genuine. All other representations and warranties are expressly disclaimed.
DISCLAIMER OF ADDITIONAL WARRANTIES. THE COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR PROMISES AS TO ITS PRODUCTS OTHER THAN THOSE SET FORTH IN THIS AGREEMENT, AND NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE.
LIMITATION OF LIABILITY. IN THE EVENT YOU MAKE ANY CLAIM AGAINST THE COMPANY ARISING FROM, RELATING TO, OR IN CONNECTION WITH ANY PRODUCTS YOU PURCHASE FROM THE COMPANY, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS IN DISPUTE, LESS THOSE PRODUCTS’ FAIR MARKET VALUE AS OF THE DATE YOU INITIATE YOUR CLAIM.
AGREEMENT TO ARBITRATE. Any controversy or claim arising out of, relating to, or in connection with: (a) this Agreement, including the breach or enforceability thereof, or (b) any purchase from or other transaction with the Company, whether occurring prior to the Effective Date or after, shall be resolved by binding arbitration and shall take place in Minneapolis, Minnesota. The arbitrator(s) shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability, validity, or scope of this Agreement. The arbitration proceedings shall be governed by the laws of the State of Minnesota. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this paragraph. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Any claims submitted to arbitration under this paragraph may only be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator(s) may not consolidate more than one party’s claims and may not otherwise preside over any form of a representative or class proceeding.
CLASS-ACTION WAIVER. Claims may be brought only in a person’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
NO INVESTMENTS OR INVESTMENT ADVICE. The Company expresses no opinion regarding the soundness of any collectible coin, metal, or other numismatic product as an investment. You agree and acknowledge that: (a) neither the Company nor any of its employees or representatives acts as your agent or fiduciary; and (b) the Company’s employees are not licensed investment advisors and are not making any specific recommendations regarding any forms of investment. The Company does not and cannot guarantee that you will be able to sell any products you purchase from the Company for a profit in the future.
Any information provided by the Company regarding the coin and collectibles industry, or the products it sells, is for reference use only, and does not constitute the rendering of investment, legal, financial, or professional advice. The retail prices of the products the Company sells are not to be used as a definitive guide to value for a product or the price for which others might purchase the product in the future, nor should any comparable value statement provided in Company communications be construed as an indication that your purchase will perform similarly. The market for collectible coins, metals, and numismatics is highly speculative and involves substantial risk. These risks include price volatility, fluctuations in supply and demand, changing grading standards, and fluctuating populations. It is impossible to predict accurately whether these factors (or other factors) will affect market prices. By purchasing products from the Company, you acknowledge and assume all such risks.
USE OF ARTIFICIAL INTELLIGENCE. The Company may from time to time make use of artificial intelligence services, including AI Assistants available from time to time on GovMint.com. The Company’s artificial intelligence services may respond to inquiries inaccurately or otherwise provide inaccurate information. AI technology is continually evolving, and as it advances, the Company will enhance its AI tools to improve accuracy and reliability in responses. Artificial intelligence services are provided solely for the convenience of the Customer and are not to be relied upon for accurate and complete information about products or services sold by the Company. No statement by any artificial intelligence service states the views of the Company, and no such statement will be binding on the Company.
CUSTOMER REPRESENTATIONS AND WARRANTIES. You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the authority, capacity, and financial ability to enter into this Agreement and the transactions contemplated by this Agreement; (c) the information you provide to the Company is complete and accurate; and (d) your interaction with the Company does not violate any applicable law or regulation.
SEVERABILITY. In the event any portion of this Agreement is held to be invalid or unenforceable, such portion will be construed as nearly as possible to reflect the original intent of the parties hereto, or if such construction cannot be made, such provision or portion thereof will be severable from this Agreement, provided that the same will not affect in any respect whatsoever the remainder of this Agreement.
ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. The Company may freely assign its rights and obligations under this Agreement.
MODIFICATION OF AGREEMENT. The Company may revise this Agreement, including the Additional Agreements incorporated by reference. The most current version will be available at https://www.amsi-corp.com/terms-conditions. If the revision is material, the Company will deliver notice of the revision to the most current e-mail address or, if unknown, mailing address associated with your account. By continuing to purchase products from the Company after such revision, you agree to be bound by the revised Agreement. It is your responsibility to ensure that your contact information on file with the Company always remains current. Any other modifications or amendments to this Agreement are effective only by a signed, written agreement between you and the Chief Executive Officer or President of the Company.
ENTIRE AGREEMENT. This Agreement and the Additional Agreements set forth the entire understanding between you and the Company with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous proposals, communications, agreements, negotiations, and representations, whether written or oral. Neither you nor the Company shall rely on any oral or written statement inconsistent with this Agreement or the Additional Agreements.
Effective Date: November 26, 2024