TERMS OF USE
Please review the following terms of use that govern your use of, and purchase of products on (collectively, ‘Use’), our website (“Site”) (“Terms of Use”). When you use our Site, or when you purchase products on our Site, you are signifying your agreement to follow and be bound by the Terms of Use.
Asset Marketing Services, LLC d/b/a GovMint®, Scarce & Unique® and (“Company”) reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.
NOTE: This is a binding agreement; it contains an agreement to arbitrate claims, a contractual limitation on the time within which you may bring a claim, and a requirement that claims be brought in an individual capacity. If you do not agree with these Terms of Use, you must refrain from purchasing a product from our website, using our website, and interacting with us.
SITE/PROMOTIONAL MATERIALS; CONTENTS. The content of the Site is intended for information purposes only. Although Company exercises reasonable efforts to ensure quality and accuracy, occasionally information contained in the Site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Further, some of the information contained in the Site may have been provided by contract writers, suppliers, vendors or other third parties. Company assumes no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content contained on the Site.
PHOTO POLICY. Company attempts to display product images shown on the site as accurately as possible. We take all of our coin and numismatic photos in house and due to reflections on the mirrored or proof surfaces of a coin there may appear to be ‘black’ when there is not. If a coin has a color on it at all it will be described as ‘colorized’ in the description or title. Due to the large inventory we sell, we sometimes use stock photos. Products may vary from the image shown unless specifically stated in the product listing that the item pictured is the item you will receive. Serial numbers on coins or numismatic products will vary from the image shown unless specifically stated in the product listing that the item pictured is the item you will receive.
PROMOTIONS; DISCOUNTS; COUPONS. Unless stated otherwise on the face of a coupon, discount or promotional offer (“Offer”), any Offer is valid for a single use; limit one Offer per household. Unless stated otherwise on the Offer, Offer may only be used toward the purchase of a single product purchase. Offer may not be applied on prior purchases, to sales tax, shipping or handling charges. Void if copied, transferred, sold or where prohibited by law. Not redeemable for cash except where required by law. Cash value .01. Offer expires on the date listed. Company reserves the right to cancel an order due to unauthorized use or other unexpected error, or to modify or cancel an Offer due to system error or unforeseen problems, without additional or advance notice to you.
PRICING INFORMATION. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. While we strive to keep our prices and inventory current, variances may occur due to changing market conditions, product availability, and/or typographical errors. As the markets are constantly moving, the final price for an item will be determined at the time you place your order.
SALE OF AUTOGRAPHED SPORTS MEMORABILIA. AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COMPANY’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
CLAIMS 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 against the other, including but not limited to those involving (a) the making, execution, performance, interpretation, applicability, validity, or enforceability of this Agreement and (b) the making, execution, performance, or validity of any transaction between You and the Company, is barred if not commenced within one (1) year 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, whichever is sooner.
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 transaction between the parties that occurs after the Effective Date shall be resolved by binding arbitration and shall take place in Minneapolis, Minnesota. 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.
CLAIMS IN INDIVIDUAL CAPACITY ONLY. 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.
CHOICE OF LAW. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Minnesota, including its statutes of limitations.
PASSWORD/ACCOUNT SETTINGS. When you create a profile or register an account with Company, you will also be asked to choose a username and password. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Site using your username or password, and any other unauthorized use of your account. You agree to (a) immediately notify Company of any unauthorized use of your account or password or any other breach of security involving Company, and (b) ensure that you exit from your account at the end of each session. Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password, account information or other personal information. All assignments of your account or password shall be void.
INTELLECTUAL PROPERTY. Company owns and retains all proprietary, intellectual property and ownership rights in the information and materials it publishes on its Site and in its promotional, informational and social media content. Except as otherwise expressly noted, all products, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Site, promotional, informational or social media materials, as well as the selection, arrangement and organization of the foregoing and the Site, promotional, informational or social media materials as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Company or its suppliers. All software used on this Site is the property of Company or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Company’s names, and other Content are copyrights, trademarks, registered trademarks or trade dress of Company, either in the U.S. and/or other countries. Company’s copyrights, trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits Company. All other copyrights, trademarks or trade dress not owned by Company that appear on the Site or in other Company marketing or promotional materials or social media are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. References on the Site or in other Company marketing or promotional materials or social media to the copyrights, trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Company.
LICENSE/SITE ACCESS/PROHIBITED USE. Company grants you a limited license to access and make personal use of the Site. Company does not allow you to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any content, including, but not limited to, products, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content of the Site, the Site as a whole, and the software are intended solely for personal, non-commercial use by you and other Users of the Site. The Content of other Company marketing or promotional materials and Company social media is also intended solely for personal, non-commercial use by you.
You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Site or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content, the Site or software. Company reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Company expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Company trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines or otherwise redirecting consumers from the Site, constitutes unfair competition. Linking to the Site, or any page or portion thereof, without the prior written consent of Company is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Site or its content with any other site, advertisement, link or other information or materials not originating from this Site is expressly prohibited, unless specifically authorized or required in writing by Company.
LINKS TO THIRD PARTY SITES. Company or third parties may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Company does not control the privacy policies or practices of these Sites. You should review those policies before providing any personal information. Company is not responsible for the content or practices of any linked Sites and provides these links solely for navigation convenience to visitors.
USER-GENERATED CONTENT. Users who download Contents from the Site are required to cite the author and source of the Contents as they would material from any printed work, and should include the source URL. Any such personal use is subject to additional terms and restrictions as noted herein or in the Contents themselves. Company does not warrant that use of the Contents displayed will not infringe the rights of third parties not owned by or affiliated with Company.
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Company using this Site, on social media, or otherwise (collectively, ‘Comments’) are not confidential and will become and remain Company’s property. As such, Company may use Comments in any way it deems appropriate, or not use them at all. The disclosure, submission or offer of any Comments will constitute an assignment to Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
INDEMNIFICATION. You agree to indemnify and hold Company, its officers, partners, directors, managers, members, shareholders, distributors, affiliates, parents, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Contents in violation of this Agreement and/or arising from any use of this Site or the Contents.
TERMINATION OF USE. You agree that Company may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
DENIAL OF ACCESS. These Terms of Use constitute an agreement that is effective unless and until terminated by Company. If in Company’s sole discretion you fail to comply with any term or provision of this agreement, Company may deny you access to the Site. Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Site. Company will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
CONSENT TO BE CONTACTED FOR MARKETING OR OTHER PURPOSES. You are providing your consent to Company to contact you by any method, including email, telephone, text, SMS, and regular mail. This consent authorizes Company (and Company’s affiliates, agents, assigns, service providers, or anyone calling on our behalf, collectively, “we”, “us” and “our”) to contact you at any phone or mobile number you provide us or that we can reasonably associate with your account (for example, through a skip trace or caller ID), including by using automated, autodialed, or prerecorded (including artificial prerecorded) phone calls even if you have opted into the Do Not Call List administered by the Federal Trade Commission or any state equivalent. You also authorize us to send you SMS/text messages, including through an automated texting system with information or questions about your Use of the Site. You understand that anyone with access to your mail, telephone or email account may listen to or read the messages we leave or send you, and you agree that we will have no liability for anyone accessing such messages.
By providing us a mobile number, you represent and warrant you are the owner or regular user of that number and acknowledge that your carrier’s message and data rates will apply. You also agree to notify us immediately whenever you stop using the mobile number. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.
Consent to receive SMS/text messages are not required as a condition of purchase. You may withdraw your consent to receive SMS/text messages from us by replying to any SMS/text message we have sent you with the message STOP. This withdrawal will be limited to text messages for the product to which the text message relates.
If you provide consent to be contacted by phone or text for marketing purposes, you agree that we may call, email or text you to describe products or services that may be of interest to you, including by using automated, autodialed, prerecorded (including artificial prerecorded) phone calls even if you have opted into the Do Not Call List administered by the Federal Trade Commission or any state equivalent. This consent is not a condition of using the Services and may be revoked at any time.
OPTING OUT. You can revoke your consent in accordance with our Privacy Policy, which is incorporated herein by reference.
CALL RECORDING AND MONITORING. You consent and expressly authorize us to record and monitor any call between you and us.
These Terms of Use constitute the entire agreement between you and Company relating to the subject matter addressed herein, and your Use of the Site.
This is the end of the Terms of Use Policy