Terms and conditions  - Web User Agreement

General Terms of AMC Web User Agreement

The appraisemycoins.com (AMC) website (hereafter the “Website”) is maintained to provide users (hereafter “You” or “Your”) with: data about the value of your coins and collectibles; opportunities to sell your coins and collectibles; information about various aspects of collecting, valuation, and grading; advertising, and services provided by appraisemycoins.com or its affiliated companies (hereafter “We” or “AMC”).

This Agreement governs Your use of this Website. By browsing, viewing, or in any way accessing any part of the Website, You agree to accept this Agreement and to be bound by all of its terms without limitation or qualification. If You do not accept this Agreement and all of its terms, You may not use the Website in any manner for any purpose. We may change this Agreement from time to time without specifically notifying You; the latest Agreement will always be posted at the AMC Website, and Your continued usage of the website confirms Your continued assent to this Agreement.

License for Limited Uses of AMC Website

The Website and its contents, features, and services are available for use only if You have the legal capacity to form contracts under applicable law. You agree to all applicable laws and regulations regarding visitation to, and usage of, the Website. You may copy or print content only for Your personal use, and services are available only for Your personal use.

AMC Web User Information

Certain usages of this Website require You to provide personal information about Yourself and Your collections. You are solely responsible for such user data and its accuracy. Our usage of such data is set forth in the Website’s Privacy Policy, which is hereby incorporated. You agree not to impersonate any person or legal entity, or create a fictitious person or entity, or misrepresent Your association with any person or entity.

Sales of Coins or Collectibles

You acknowledge that you are over the age of 18 and have legal capacity to sell coins or collectibles. You acknowledge that you hold full and complete title to such coins and collectibles and have authority to sell without notice to, or consent of, any third party. You agree to be responsible for and pay applicable income, sales, use or other taxes due to the U.S. or your State in connection with any items offered or sold on this site or through AMC or its affiliates. You acknowledge that any sales of coins shall be governed by AMC’s “Seller Terms and Conditions” in addition to these Terms and Conditions.

Disclaimer of Warranties

All services, programs, content, data, advertising, and features of Website, without limitation, are provided “as is,” without warranty, express or implied under any construction of statute, common law, or custom. AMC disclaims all warranties regarding accuracy, usefulness, availability, merchantability, fitness, or security for any purpose of pricing data or other information contained on the Website. AMC assumes no liability for any damages that may arise from the transmission of viruses. AMC does not warrant that Website or any features will be available, timely, correct, secure, or that Website will meet your requirements at any particular time for any particular purpose. Your sole remedy to any claim is to cease using the Website.

Release of Liability and Indemnification

Through Your use of Website, You disclaim and/or waive any claims regarding any and all warranties or representations, and release AMC, its affiliates, Officers, employees, advertisers or agents from any claim or liability in any action, including but not limited to contract indemnification, tort, negligence, or any cause. You hereby release AMC from any claim for damages, including but not limited to loss of profits or revenue, business, or goodwill, in connection with any transaction or occurrence arising from use of this Website.

Prohibited AMC Website Uses

You may not republish, commercially distribute, duplicate, or exploit any aspect of the Website, either code or content. Other than the Fair Usage specified in the License for Limited Uses, You may not download, reproduce, modify, distribute, transfer, sell, or create derivative works of any code, contents, data, whether specifically copyrighted or not. Any unauthorized usage of the Website may subject You to civil or criminal prosecution. By accessing the Website, You agree not to:

  1. attempt to gain unauthorized access to any programs, code, systems, advertising, or data through any means, on any server or database used on the Website;
  2. engage in any collection of data, through such practices as “screen scraping,” “database scraping,” “robot,” “spider” or other automatic means;
  3. attempt to gain unauthorized access to database information and descriptions, images, email addresses, or contact information of any kind;
  4. use the Website or its contents or code in violation of our intellectual property or proprietary rights;
  5. make any attempt, or support any attempt, to reverse engineer, decompile, disassemble, or in any manner attempt to ascertain any code supporting the Website and its services;
  6. attempt to insert any content, materials, advertising, or business content into this Website, on behalf of yourself or any other party, or to copy any aspect of this Website’s content, services, descriptions, images, or code into any other Website for commercial or malicious purposes, or to distribute any such content for commercial gain;
  7. attempt to gain unauthorized access to this Website or network, or any other website or computer network through this Website;
  8. remove, or attempt to remove any image; and
  9. attempt any actions whatsoever that could serve to overburden, interrupt, slow, alter, damage, or disable the Website, or impair in any manner the Website’s ability to deliver its services and content, including but not limited to such malicious practices as sending mass messages or “flooding” systems and servers with requests, data, or similar communications.

Trademarks

Trademarks, service marks, and logos (collectively the "Trademarks") appearing on this Website are the property of their owners, and may not be used unless authorized in writing by the owner. No license or right to use any Trademark appearing on the Website is granted by implication or estoppel or otherwise. AMC and other Trademark holders will enforce their rights to the fullest extent possible under the law, including seeking criminal prosecution.

Materials or Ideas Submitted

AMC or RCI solicits no proprietary information or creative works. Any suggestions sent to AMC or RCI regarding suggestions for improvement, plans, new features, or concepts may be used by us in any manner we deem fit. Any such submission is deemed to not be secret, and the sender disclaims any intellectual property rights, and asserts that no intellectual property rights of any other party have been violated. Any material submitted becomes the property of RCI, and consistent with its Privacy Policy, may be used in any commercial manner desired without compensation or consideration.

If you believe that Your intellectual property appears on the Website without Your permission, immediately contact the RCI Copyright Agent in writing (pursuant to 17 U.S.C. § 512(c)(2), including: 1) Your contact information; 2) a description of the copyrighted material for which You claim infringement; 3) the specific URL where the alleged material is located; 4) Your statement of Your good faith belief that the disputed usage has not been authorized by You, or by Your principal if You are an agent; 5) electronic or actual signature of the individual authorized to act on behalf of the alleged owner of the copyright interest; and 6) Your statement, under penalty of perjury, that the above submission and Notice is accurate, and that You are either the copyright owner or authorized to act as agent on their behalf.

RCI/AMC Copyright Agent
Michael S. Fey, Ph.D.
RCI
P.O. Box C
Ironia, NJ 07845
Voice: 201-859-2337  FAX 973-252--0481  
Email: sellmycoins@appraisemycoins.com

Links to AMC and Affiliated Sites

If You include a link to appraisemycoins.com (or any of its affiliated sites) from any other website, You agree that such link shall not contain any logo or Trademark, but simply read “appraisemycoins.com”.” Such link must open in a new browser window which contains the complete HTML version of the page as seen on Website. You may not link directly to any content or image using an “in-line” methodology to make it appear that our content is part of another website. The Website content may not be framed or surrounded or made to appear as part of any other website or webpage. We reserve the right to insist at any time that any link be discontinued for any reason.

Changes to Website

AMC reserves the right to make changes and corrections to any of the content or programs available at this Website, at any time, without notification. We do not guarantee the accuracy of any information available, and disclaim all liability for any inaccuracy, omission, or error. AMC reserves the right to terminate any section or service at its discretion without notice, or to terminate Your right to access or use Website without notice or explanation.

Release of Liability and Indemnification

Through Your use of Website, You disclaim and/or waive any claims regarding any and all warranties or representations, and in no event shall You attempt to assign any liability to AMC, its affiliates, Officers, employees, advertisers or agents in any action, including but not limited to contract indemnification, tort, negligence, or any cause. You hereby release AMC from any claim for damages, including but not limited to loss of profits or revenue, business, or goodwill. In no event shall any claim or any award in any jurisdiction exceed the amount, if any, You paid to AMC to use the Website.

Choice of Law and Venue for Dispute Resolution

By Your use of the website you agree that any claim, dispute, or controversy in connection with AMC and its affiliates shall:

  1. if presented by a consumer, be exclusively heard by, and the parties consent to, exclusive in person jurisdiction in the State District Courts of Morris County, New Jersey. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any appeals shall be solely pursued in the appellate courts of the State of New Jersey; or
  2. for any claimant other than a consumer, the claim shall be presented in confidential binding arbitration before a single arbitrator, that the parties may agree upon, selected from the JAMS list of New Jersey arbitrators. The case is not to be administrated by JAMS; however, if the parties cannot agree on an arbitrator, then JAMS shall appoint the arbitrator and it shall be conducted under JAMS rules. The locale shall be Morristown, New Jersey. The arbitrator’s award may be enforced in any court of competent jurisdiction. Claims, disputes, or controversies in connection with AMC shall be the construed in the broadest possible terms and include, but are not limited to, any matter or transaction relating to and /or arising out of any purchase, any offer to sell, any offer to buy, usage of Website, or any amendment to this Agreement, any advances, purchased or properties, any interpretation of this Agreement, any alleged verbal modification and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation or otherwise. Any party on any claim involving the purchase or sale of numismatic or related items or collectible may elect arbitration through ANA Mediation. Any claim must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. This agreement and any claims shall be determined and construed under New Jersey law. The prevailing party (party that is awarded substantial and material relief on its claim or defense) may be awarded its reasonable attorneys’ fees and costs.

Warning

The Website may include images of coins or other collectibles, photographs, or other representations or depictions of nudity or other images that may not be suitable for minors. You agree to limit your access, and that of minors who use your computer, to the Website as appropriate. Collectible guns, firearms, knives, or other collectibles which are inherently dangerous may also be sold, and appropriate caution is advised.

Revocation

If You violate any part of this Agreement, We immediately revoke permission for You to use the Website, and you must hereby agree to immediately destroy any copies You have made of any and all content

Statement of Ownership

The Website is solely and exclusively owned and maintained by Rare Coin Investments (RCI), herianfter called “RCI”, including but not limited to rights, title, interests, trademarks (registered or not), copyrights (registered or not), database rights, rights of authorship, trade secrets, sui generis, and all intellectual property and proprietary rights. RCI is the exclusive owner of all Website content, appearance, organization, and underlying software, code, and stored data, including but not limited to images, descriptions, text, prices, lists, articles, logos, audio and video. Your visitation to the Website, or usage of any features therein, does not grant You ownership of any feature or content contained therein

AMC SELLER TERMS AND CONDITIONS
These Terms and Conditions (and the appraisemycoins.com website Terms and Conditions) govern this and any other sales transactions involving appraisemycoins.com (AMC) or its affiliates, including Rare Coin Investments (RCI).

 

  1. All persons selling coins or other collectibles to AMC or RCI, or to buyers identified through AMC or RCI represent and warrant that they:
    1. that they are over the age of 18 and have legal capacity to sell coins or collectibles;
    2. hold full and complete title to such coins and collectibles and have authority to sell without notice to, or consent of, any third party;
    3. are not selling coins and collectibles for personal, family or household purposes;
    4. are truthful in their descriptions of any items offered to or through AMC or RCI, particularly with respect to the items’ origin, condition, storage, and provenance, and are not failing to disclose any material aspect of those items;
    5. shall comply with all terms and conditions of any sale or other transaction they conclude with AMC or RCI, or any third party identified through AMC or RCI, including but not limited to delivery and payment terms and conditions;
    6. shall be fully responsible for and pay applicable income, sales, use or other taxes due to the U.S. or any State in connection with any items offered or sold to or through AMC or RCI.
  2. Sellers agree to indemnify and hold AMC and RCI harmless for any claims or costs whatsoever (including attorney’s fees) incurred as a result of any breach or alleged breach of the above representations and warranties.
  3. Seller acknowledges that in certain cases AMC and RCI may introduce Seller to third parties for purchase of their coins or collectibles, and in such case neither AMC nor RCI (a) is involved in the actual transaction between Seller and the buyer(s); (b) guarantees that a buyer will actually complete a transaction; (c) transfers legal ownership of items from Seller to buyer; (d) guarantees continuous or secure access to the AMC site. In the event of a dispute with any such buyer, Seller releases AMC and RCI (and their officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. California residents waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  4. Seller further agrees that, to the extent legally permitted, AMC and RCI disclaim all implied warranties, terms and conditions and that neither company is liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Seller’s use of the AMC site or RCI’s services in connection with the sale of coins or collectibles. If AMC or RCI is nevertheless found to be liable in connection with any sale to or through AMC or RCI, Seller agrees that this liability is limited to the amount of the purchase.
  5. Grades and descriptions of coins and collectibles are opinions, not statements of fact or guarantees, and are based on standards and interpretations that can and do change over time. AMC and RCI use contemporary grading standards and interpretations to grade coins, or rely upon the opinions of grading services such as PCGS and NGC. AMC and RCI do not guarantee that Seller’s coins or collectibles will be graded or evaluated the same way by any buyers identified through AMC or RCI, or any other grading or appraisal service in the future. AMC and RCI expressly disclaim any other warranties with respect to their opinions regarding coins or collectibles, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
  6. Seller acknowledges that the coin and collectibles markets are speculative, unregulated and volatile, and that prices may rise or fall over time. AMC and RCI do not guarantee that any Seller will be able to sell their items for the appraised values given by AMC or RCI, now or in the future. While AMC or RCI may voluntarily make an offer to purchase items from Seller, they are under no legal obligation to make such an offer, and AMC and RCI do not guarantee to make a market in any coin or collectible items. Seller acknowledges and agrees that AMC and RCI are in business for a profit, are not in a fiduciary relationship with Seller, and are buying coins and collectibles from Seller for re-sale at a profit.
  7. Seller acknowledges that AMC and RCI may be compensated by buyers, in the form of finder’s fees or otherwise, in connection with sales made by Seller through AMC or RCI, and Seller waives any conflict of interest or potential conflict of interest created thereby.
  8. Customer agrees that any legal action with respect to any AMC or RCI-related transaction shall be governed by New Jersey law, without regard to choice of law rules, and that any claim, dispute, or controversy in connection with any transaction Seller may have with AMC or RCI shall be presented to the American Numismatic Association, Colorado Springs, Colorado for mediation within one (1) year of the transaction or else waived. Should mediation be unsuccessful, Seller agrees that exclusive jurisdiction of any dispute shall be in the state courts of New Jersey sitting in Morris County, New Jersey. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The prevailing party in any court action (party that is awarded substantial and material relief on its claim or defense) shall be awarded its reasonable attorneys’ fees and costs.

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