ModernCoinMart, is a Delaware limited liability ("Company"). These Terms and Conditions (this "Agreement" or "Terms and Conditions") state the terms and conditions of (a) your access and use of the Company Website (the "Website" or "Site"); (b) your communications and transactions with the Company; and (c) the Company's communications to you. As used herein, "Company" includes ModernCoinMart and its affiliates, subsidiaries, parents, officers, directors, agents and employees.
THIS IS A CONTRACT BETWEEN YOU AND THE COMPANY; PLEASE REVIEW CAREFULLY. If you object to anything in this Agreement, or any other Policy referred to and incorporated into this Agreement, you should immediately discontinue all use of the Website; and you should not keep an account or profile with the Company, purchase products from or sell products to the Company; nor should you otherwise communicate with the Company. You should also notify Customer Service of your intent to not receive communications from the Company, by calling 1-800-362-9004, or emailing email@example.com.
Your Interaction With Company (as defined below) after notice of this Agreement constitutes your acceptance to the terms contained herein.
ACCEPTANCE OF TERMS AND CONDITIONS
ELIGIBILITY. You must be at least eighteen (18) years of age to Interact With Company. By Interacting With Company, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and all other agreements incorporated herein by reference; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your Interaction With Company does not violate any applicable law or regulation.
WEBSITE/PROMOTIONAL MATERIALS; CONTENTS. The content of the Website and Promotional Materials is intended for information purposes only. Although Company exercises reasonable efforts to ensure quality and accuracy, occasionally information contained in the Website or Promotional Materials 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 Website or Promotional Materials may have been provided by contract writers and mints from around the world. 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 in the Promotional Materials of the Company.
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, and may not be applied to sales tax, shipping or handling charges. Offer not valid for purchase of bullion products. 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.
ELECTRONIC COMMUNICATIONS WITH THE COMPANY. When you visit the Website or Interact With Company via electronic methods, you are communicating electronically. You thereby consent to receive communications from Company electronically. You acknowledge that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
CONSENT TO RECEIVE PROMOTIONAL MATERIALS FROM COMPANY. You agree that your Interaction With Company constitutes your agreement and consent to receive Promotional Materials from Company, including but not limited to promotional email, catalogs, direct mail, telephone calls, or other advertising or promotional content from Company or its affiliated brands, which includes ModernCoinMart and GovMint.com.
CONSENT TO RECEIVE TELEPHONE COMMUNICATIONS AND TEXT MESSAGES FROM COMPANY. When you provide your telephone number(s) to Company (including any cellular number(s) you provide to us) you are consenting to receiving telephone calls and/or text messages from, by or on behalf of Company relating to this Agreement, any purchase or transaction with Company, matters related to your account (including Split Pay transactions, or debt collection), and promotions regarding Company products. These telephone and/or text communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for the telephone and/ or text communications by your telephone carrier, and that Company will not be responsible for these charges.
If you accept a cellular telephone number from a third party, you may receive telephone and/or text communications from Company. You acknowledge that Company has no knowledge or control over the transfer of cellular telephone numbers and therefore is not liable for any damages which may result from Company calling and/or a cellular telephone number from which it initially received consent to call. If you do not wish to be contacted by Company, you may follow the Opt-Out procedures set forth in this Agreement.
RECORDING OF TELEPHONE CALLS AND TEXT MESSAGES. You acknowledge that telephone communications and text messages to and from Company are monitored and recorded; and you agree to such monitoring and recording without further notice or the requirement of additional consent or agreement from you. You further consent to the monitoring or recording of your conversation or communications with the Company, and acknowledge that you do not have a reasonable expectation of privacy during any conversation or communication with Company. You further understand that not all telephone lines, calls or communications are recorded, and therefore, Company does not guarantee that any recordings of any particular telephone calls or communications will be retained or be capable of being retrieved.
Your consent to receive text communications is not required to make any purchase from Company. If you wish to opt-out of receiving text messages from Company, please email Company at firstname.lastname@example.org or call us at 1-800-362-9004 and state that you wish to opt-out of receiving text messages from the Company.
OPTING OUT OF COMMUNICATIONS WITH COMPANY. You may opt-out of receiving communications, advertising and Promotional Materials from Company, by updating your account information on the Website. If you do not have an account set up with us, you may opt-out of receiving communications, advertising and Promotional Materials by emailing us at email@example.com or calling us at 1-800-362-9004 and communicating your contact preferences. Please provide us with all of the email addresses, telephone numbers and mailing addresses at which you receive communications, advertising and Promotional Materials from us, so that we may reflect your account status accurately. Please note that you may continue to receive catalogs from us for 6-8 weeks after your request, due to the nature of the mailing cycle.
INTERACTIONS WITH COMPANY AFTER OPTING-OUT RESET YOUR COMMUNICATION PREFERENCES. Also note that in the event you initiate a new transaction with the Company or access or use the Website, or Interact With Company, after you have opted out of receiving communications from Company, your communication preferences will reset to the default communication activities set forth in this Agreement. If this is not your preference, please call us at 1-800-362-9004 and we will update your communication preferences.
PRICING INFORMATION. The prices displayed on the Website, mobile Website; in emails, texts, telephone calls or other communications with Company; or in Promotional Materials of the Company 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, coin availability, and/or typographical errors. All orders will be confirmed prior to finalizing the sale. As the markets are constantly moving, the final price for an item will be determined at the time you place your order.
PRODUCT RETURN POLICY. View the Company's Product Return Policy, which is incorporated into this Agreement by reference.
PAYMENT USING SPLIT PAY. View the Company's Split Pay Policy, which is incorporated into this Agreement by reference.
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 Website 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 Website 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 Website, promotional, informational or social media materials, as well as the selection, arrangement and organization of the foregoing and the Website, 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 Website 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 Website 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 Website 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 Website. Company does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Website 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 Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other commercial users of the Website who have a username and password. 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 Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content, the Website 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 Website, constitutes unfair competition. Linking to the Website, 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 Website or its content with any other site, advertisement, link or other information or materials not originating from this Website 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 Websites. You should review those policies before providing any personal information. Company is not responsible for the content or practices of any linked Websites 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 Website, 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 Website or Contents in violation of this Agreement and/or arising from any use of this Website or the Contents.
FORCE MAJEURE. Company shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Company, breach of this Agreement by users, and any other events reasonably beyond the control of Company.
SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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. Company may freely assign its rights and obligations under this Agreement.
RELATIONSHIP. By using the website or purchasing/selling products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
WAIVER. Any failure by Company to enforce or exercise any provision of these Terms and Conditions or related rights will not constitute a waiver of that right or provision.
CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.
STATE-SPECIFIC REQUIREMENTS; NOTICE OF CANCELLATION. In addition to any other right to revoke an order, you may cancel your order from Company up to midnight on the third day of after your receipt of merchandise from Company. Notice of cancellation must be in writing, and post-marked no later than the third business day after receipt of merchandise. Notice of cancellation may be mailed to Company at 5260 Paylor Lane, Lakewood Ranch, FL 34240 Company shall, upon receipt of the buyer's written notice of cancellation within the time required by law, and receipt of all of the merchandise in the same condition as it was delivered, issue a full refund within thirty (30) days from the date of cancellation or Company's receipt of the returned merchandise, whichever is later.
This is the end of the Terms and Conditions. This Agreement was last revised effective October 31, 2017. Click to view the previous version.