By using and placing an order for products through the AU Capital Management, LLC website (the “Website”), telephone order, or in person order, you agree to the terms and conditions set forth below (the “Terms and Conditions”). The Terms and Conditions is a legally binding agreement made by and between AU Capital Management, LLC (herein described as “AUCM,” “our,” ”we” or “us”), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from AUCM, making sales to AUCM, and placing orders with AUCM.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, IN PERSON, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH AUCM. AUCM STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. In addition, AUCM may require you to submit to us copies of government issued identification. We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into these Terms and Conditions, by reference. In the event of a conflict between the terms set forth in these Terms and Conditions and our Privacy Policy, the terms of the Privacy Policy will control.
Please carefully review our Privacy Policy, regarding personal information provided by you, for further information regarding our data collection, use, and disclosure practices.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
By purchasing from, making sales to or ordering from AUCM, whether by telephone, through the Website, in person, or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
If you have any legal questions regarding these Terms and Conditions, please confer with your legal counsel.
You may make a numismatic or other collectible purchase, sale to, or order from, AUCM only in
accordance with these Terms and Conditions and accompanying policies and procedures. Upon
placing an order to purchase or sale of numismatic or other collectibles with AUCM, you have
entered into a binding and legally enforceable agreement. Prices and availability are subject to
change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed
price. An “order number” will subsequently be forwarded to you via email and may be shown to you
on the final website confirmation page. Your credit card information is required to guarantee all
orders other than orders that are using a credit card as the payment method. To reserve your
guaranteed price, your payment must be received by AUCM within seven (3) business days for wire,
ACH, Zelle, PayPal, Venmo, or other electronic payments or any payment method when “pick up in
person” is selected as the delivery method. Any additional payment fees added to the invoice price
will be offset by the purchaser by the same amount. For orders that will be shipped, and you are
sending us a personal check, cashier’s check, or money order, payments MUST be postmarked
within three (3) business day of order placement and MUST be received within seven (7) business
days of order placement. We are NOT responsible for delays in receiving your payment by any
carrier. If not received AND the postmark is within three (3) business days of your order date, we, at
our sole discretion, have the right to cancel your order and execute our market loss policy.
If payment is received after the designated time period, most numismatic and collectible orders will
be subject to review. Should any order be found inaccurate, whether due to AUCM’s error or other
reasons, we reserve the right to cancel it.
When selling to AUCM the price is guaranteed. Sales to AUCM must be shipped within three (3)
business days and you must contact AUCM via email at info@aucm.com or telephone at 630-280-
7300 to provide a tracking number so that we can confirm that the product has been shipped and is
enroute.
All products sold to AUCM must be received by AUCM within seven (7) business days. If AUCM
does not receive the product within seven (7) business days, but the delay is attributable to the
carrier, AUCM may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to AUCM, in
the event of any failure by you to comply with these Terms and Conditions, AUCM may suspend or
terminate your account. The suspension or the termination of your account shall not affect your
obligations as set forth in these Terms and Conditions. Additional terms, including, without limitation,
prices, payment methods, refund and cancellation policies, and exchange policies may be posted
from time to time on the Website.
You may make a bullion purchase, sale to, or order from AUCM only in accordance with these Terms
and Conditions and accompanying policies and procedures. Upon placing an order to purchase or
sell bullion-related products with AUCM, you have entered into a binding and legally enforceable
agreement. Prices and availability are subject to change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed
price. An “order number” will subsequently be forwarded to you via email and may be shown to you
on the final website confirmation page. Your credit card information is required to guarantee all
orders other than orders that are using a credit card as the payment method. To reserve your
guaranteed price, your payment must be received by AUCM within one (1) business day for wire or
other electronic payment method that does not charge a percentage fee. Payments or any payment
method when “pick up in person” is selected as the delivery method. For orders that will be shipped,
and you are sending us a personal check, cashier’s check, or money order, payments MUST be
postmarked within one (1) business day of order placement and MUST be received within three (3)
business days of order placement. We are NOT responsible for delays in receiving your payment by
any carrier. If not received AND the postmark is within one (1) business day of your order date, we,
at our sole discretion, have the right to cancel your order and execute our market loss policy.
In most cases, bullion and bullion-related orders will be canceled if payment is received after the
allotted time frame. When an order is canceled, our market loss policy will go into effect and, in
addition, a $95 cancelation fee will be applied. If we do choose to accept late payment, a $45 late
payment fee will be applied and must be paid before the order can be picked up or shipped. There
are no exceptions to this policy. If any order is in error, due to AUCM’ fault or otherwise, we
reserve the right to cancel the order.
When selling to AUCM the price is guaranteed. As a general policy, the transaction may not be
cancelled but may be offset at AUCM’ current purchase price. Sales to AUCM must be shipped
within one (1) business day and you must contact AUCM via email at info@aucm.com or telephone
at 630-280-7300 to provide a tracking number so that we can confirm that the product has been
shipped and is enroute.
All products sold to AUCM must be received by AUCM within five (5) business days, else the
customer will be charged any Market Losses as well as a $95 administrative fee. If AUCM does not
receive the product within five (5) business days, but the delay is attributable to the carrier, AUCM
may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to AUCM, in
the event of any failure by you to comply with these Terms and Conditions, AUCM may suspend or
terminate your account. The suspension or the termination of your account shall not affect your
obligations as set forth in these Terms and Conditions. Additional terms, including, without limitation,
prices, payment methods, refund and cancellation policies, and exchange policies may be posted
from time to time on the Website.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and
suspected credit card fraud, or any other type of fraud that we detect or suspect to the appropriate
authorities. We may, in our discretion, require further authorization from you such as a telephone
confirmation of your order and other information, such as a copy of a government issued ID. We
reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is
suspected. We capture certain information during the order process, including, without limitation,
information that will be used to locate and identify individuals committing fraud. If any Website order
is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records,
with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to fully prosecute offenders of the
law.
AUCM requires that all payments be made via credit card, debit card (in person only), bank wire,
personal check, certified check, cashier’s check, money order, or cash (in person only). Credit card
PayPal and other electronic payment methods cannot be used for bullion and bullion-related
purchases. AUCM also reserves the right to hold certified checks, personal checks, cashier’s
checks, or money orders for up to ten (10) banking days prior to shipping but typically holds them for
4-6 business days. In cases of suspected fraud, certified checks, personal checks, cashier’s checks,
or money orders may be held up to 45 calendar days, although this is rare. Bank wire is always
recommended. By choosing to pay with a credit or debit card, you expressly authorize AUCM to
authorize and capture your credit card payment prior to shipment. We do not accept cash payments
of more than $10,000 from the same source within a 365-day period.
AUCM expressly reserves the right to refuse or cancel any order, for any reason, at its sole
discretion, regardless of payment method and price confirmation.
In the instance of a paper check payment that is returned as NSF (not sufficient funds), AUCM
reserves the right to cancel the order and charge administrative fees and market losses and bill the
payable balance to the credit card on file.
AUCM will issue payment instructions to you during the ordering process and via email following completion of your order. AUCM does not accept Cash on Delivery orders. AUCM reserves the right to cancel orders where payment is not dated within three (3) business day for bank wire orders or seven (7) business day for paper check orders.
Once you have placed an order to buy with AUCM you have entered into a binding legal agreement
and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior
to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (i.e. the product
can be sold back to AUCM) at AUCM’s current Buy Price on the day that we receive your email or
telephone request for such an offsetting transaction. Credit card orders may not be offset 48 hours
following the time of order creation.
All order offset requests must be made during normal business hours, Monday-Friday, 10:00 AM to
5:00 PM CST. AUCM reserves the right, in its sole discretion, to permit cancellation and/or offsetting
your order.
Offsetting orders are subject to our market loss policy, described below, plus a $95.00 (USD)
administrative fee. As applicable, the difference between the Purchase Price and our Buy Price will
be added to the $95.00 (USD) administrative fee. In the event of a confirmed cancelled order, you
expressly authorize AUCM to automatically bill the credit card on file for the difference between the
Purchase Price and the Asking Price, plus the $95.00 (USD) administrative fee. Alternatively, if your
credit card is denied, AUCM reserves the right to invoice you, in which case, you expressly agree to
pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless
and until any cancellation and other related fees are paid in full. All market gains on cancellations
shall belong solely to AUCM.
For cancelled/offsetting orders, $95.00, plus the difference between the Purchase Price and AUCM’s
Buy Price will be charged.
After AUCM has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us, and you can either pay to have it reshipped or accept Market Loss fees upon return plus a standard $95 cancellation fee.
AUCM reserves the right to refuse or cancel an order for any reason or for no reason at all,
regardless of payment method or price confirmation, including without limitation, for orders AUCM
deems questionable or suspicious, for orders AUCM deems to be a significant risk, when the
confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when
AUCM does not receive payment within the allotted time frame. AUCM is not responsible for pricing
or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel
any and all orders placed with respect to such items. In the event of a cancelled order AUCM will
contact you directly with notification of the cancellation.
All sales for bullion products by AUCMs are FINAL. Products can be sold back to AUCM at any time
by calling us on 630-280-7300 and the price of that sale back to AUCM will be determined by the
AUCM Buy Price indicated on our website at the time of the sale back to AUCM.
However, AUCM wants our customers to be satisfied with their purchases from AUCM. At your
request, we may, but are not obligated to, provide you with an opportunity to exchange a product for
an identical product in the event of a material defect. If we agree to do so, such exchange must be
made within fourteen (14) Business Days from the date on which the customer receives his or her
product(s) and only to those customers who timely and properly notify our support representatives
by telephone at 630-280-7300, and who receive written confirmation that the exchange request has
been approved. If approved, the support representatives will give you instructions on how to
exchange your items.
Shipping and handling charges are non-refundable. For approved exchanges, you must follow all
instructions provided by Customer Service, including carefully packaging the Product. You are
responsible for the cost of return shipping, the cost or AUCM reshipping and the risk of loss during
the return shipment as part of the exchange. AUCM reserves the right, at its sole discretion, to reject
any exchange that does not comply with these requirements. If an exchange is requested, we
reserve the right to accept or refuse the exchange request in our sole discretion, and to require you
to pay for any market loss on approved exchanges. Any market gain on refunds shall vest in and
remain the property of AUCM.
Upon issuance of an order number following a purchase from AUCM, the price is guaranteed, and
you may not cancel the transaction. The transaction may only be offset at AUCM’ current buy price.
If your item is cancelled, you are responsible for any deficit between the price at which AUCM sold
the item to you and the offsetting buy price. As set forth above, all cancellations are subject to our
market loss policy, in addition to a $95.00 (USD) administrative fee. Market gains on cancellations or
returns shall remain the property of AUCM.
Without limiting any other legal or equitable rights and remedies that may be available to AUCM,
AUCM may elect to apply all of your funds in its possession to satisfy your monetary obligations
and/or may offset any obligations that AUCM may have to you. AUCM also reserves the right, in its
sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your
obligations to AUCM.
Product availability is indicated on each item listed on our website. There may be slight differences in
delivery times between items that are being shipped versus items that will be picked up in person.
These delivery times are indicated on each coin’s individual shopping page.
When a product is indicated as “in stock”, then it will ship 1-3 business days from the date of the
cleared payment.
When a product is indicated as delayed, the information on how long that delay will be is estimated
during the checkout process on the website, if available. This normally only happens when demand
spikes and manufacturers/distributors get backlogged. Our experience indicates that these backlogs
can range from a few days to up to 60 days.
Items are shipped using known carriers. Most orders will be shipped via FedEx. The USPS may be
used for Post Office Box shipments, but extra insurance fees may be assessed. Second Day Air or
Ground are the most common ways items are shipped, depending upon the total value of the
shipment and the weight of the shipment. In some cases, we ship FedEx Priority overnight.
Applicable taxes, as well as shipping and handling charges are not reflected. You are fully
responsible for applicable taxes, and shipping and handling charges. Each package requires a
signature upon delivery. AUCM fully insures all its shipments. Should anything happen while your
package is in transit to you it will be covered by our insurance policy.
However, we will not accept responsibility if you have left instructions with any carriers or delivery
service to leave parcels unattended for you without the need for a signature or if you have given
them instructions to leave your package with a third party. When we ship to you, if metals are lost or
damaged in transit, AUCM assumes responsibility to pursue any claim with the insurance company.
If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we
reserve the right to re-ship your items or refund your money at our discretion and may do so only
once the insurance investigation has been concluded, which usually takes sixty to ninety (60-90)
days. AUCM, at its sole discretions, may decide to ship you a lost product(s) before the insurance
investigations has concluded.
Please note that AUCM will not be responsible for reimbursements or insurance claims on packages
that are successfully delivered as addressed. Our liability and insurance cease the moment the
package is signed for or left at the specified delivery address. Any issues or problems with a
shipment MUST be reported within 2 business days, else AUCM may have to refute any claims.
Either AUCM or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of AUCM or you with respect to the period prior to the date of termination.
CAUTION:
All investments, including coins and bullion, involve some degree of risk and are affected by
numerous economic factors, all of which are beyond the control of AUCM. You, and not AUCM, are
responsible for such risk, including, without limitation, market volatility and inability to liquidate the
products at an acceptable price, or at all. Consult your investment or financial advisor prior to
purchasing/selling and fully assess whether you possess adequate savings and income prior to
considering such an investment. You represent and warrant to AUCM that you have sufficient
experience and knowledge to make informed financial decisions and that AUCM is not making any
recommendation with respect to such purchases and/or such sales.
AUCM PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS”AND “AS
AVAILABLE” BASIS. AUCM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS
USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE
OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV)
WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU
USE. AUCM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE
TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT
Forward Looking Statements. THIS WEBSITE MAY CONTAIN FORWARD LOOKING
STATEMENTS THAT REFLECT AUCM’ CURRENT EXPECTATION REGARDING FUTURE
EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE
RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM
THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF
WHICH, ARE OUTSIDE OF AUCM’ CONTROL.PLEASE REMEMBER TO ALWAYS CONSULT
WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AUCM HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE,
CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES,
OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the
disclaimers herein may not apply to you insofar as they relate to implied warranties.
AUCM SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED
VIA THE AUCM ONLINE ORDER ENTRY SYSTEM, ON THE TELEPHONE, OR IN PERSON IN
ONE OF OUR OFFICES, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF
THE AUCM ONLINE ORDER ENTRY SYSEM, A TELEPHONE ODER, IN PERSON IN ONE OF
OUR OFFICES, OR OUR WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. AUCM SHALL
NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS.
FURTHER, AUCM SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION,
DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF
TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND
AUCM’ REASONABLE CONTROL. AUCM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE
INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE AUCM ONLINE ORDER
ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing
limitation may not apply to you.
You agree to defend, indemnify and hold AUCM and its parents, subsidiaries, affiliates, officers,
directors, agents, employees, licensors, members, shareholders, co-branders or other partners,
employees, and advertising partners harmless from any and all claims and expenses, liabilities,
losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any
third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or
otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or
sale of the products and/or services, (c) your connection to the products and/or services, (d) your
violation of these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of
any representation or warranty me by you to AUCM, or (g) your failure to perform your obligations
hereunder. If you are obligated to provide indemnification pursuant to this provision, AUCM may, in
its sole and absolute discretion, control the disposition of any claim at your sole cost and expense.
Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose
of any claim without AUCM’ consent.
You are hereby agreeing to release the AUCM and its parents, subsidiaries, affiliates, officers,
directors, agents, employees, licensors, members, shareholders, co-branders or other partners,
employees, and advertising partners from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known,
suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of
or in any way related to, without limitation, such disputes and/or to the Website and related products
and services.
The sole relationship between you and AUCM is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee- franchisor, joint venture, or any partnership relationship exists.
Upon your failure to comply with your duties and obligations to AUCM, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of AUCM in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by AUCM of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with these Terms and Conditions, you expressly authorize and grant to AUCM the right to charge your credit card for any and all market losses incurred by AUCM, including, without limitation, administrative fees for accepting your orders to either buy from or sell to AUCM as a result of price and market fluctuations for which you did not fulfill.
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of AUCM. Such consent may be granted or withheld by AUCM at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and AUCM.
You acknowledge and understand that if AUCM and/or the Website are unable to provide the products and/or services because of a force majeure event, AUCM and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of AUCM and/or the Website. AUCM SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Except as expressly provided below, the purchase and/or sale of related products/services may only
be consummated by, and is expressly limited to, individuals who can form legally binding contracts
under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or
related services.
You must comply with all the terms set forth in these Terms and Conditions, the policies referred to
herein, and all applicable laws, rules and regulations when you use the Website.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use
the content and materials on the Website in the normal course of your use of the Website. You may
not use any third-party intellectual property without the express written permission of the applicable
third-party, except as permitted by law. The Website will retain ownership of its intellectual property
rights, and you may not obtain any rights therein by virtue of these Terms and Conditions or
otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use,
copy, display, perform, create derivative works from, distribute, have distributed, transmit or
sublicense from materials or content available on the Website, except as expressly set forth in these
Terms and Conditions. You may not attempt to reverse engineer any of the technology used to
provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent,
trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse,
harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or
services, the Website or any websites linked to the Website; (iii) interfere with or damage the
Website or products and/or services, including, without limitation, through the use of viruses, cancel
bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or technology; (iv) attempt to
use another user’s account, impersonate another person or entity, misrepresent your affiliation with a
person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt
to obtain unauthorized access to the Website or portions of the Website that are restricted from
general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail
or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process,
information about other users without their express consent or other information relating to the
Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing
the AUCM name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or
services, except as expressly permitted by the Website; (x) engage in any activity that interferes with
any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any
third party in engaging in any activity prohibited by these Terms and Conditions.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against AUCM with respect to these Terms and Conditions and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration by the Professional Numismatists Guild (PNG) in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, AUCM will have the right to seek injunctive or other equitable relief in state or federal court located in the San Francisco Bay Area to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of CA, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, telephone order, or in person order, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. If AUCM takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by AUCM, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by AUCM to carry out these Terms and Conditions.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and AUCM and governs your use of the Website, telephone orders, or in person orders superseding any prior agreements.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.