By using the website www.APMEX.com and other services provided by the American Precious Metals Exchange ("APMEX"), including making purchases from APMEX, making sales to APMEX and placing orders with APMEX, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the "User Agreement"). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with APMEX you must read and accept all of the terms in the User Agreement. APMEX strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available by hyperlink.
This User Agreement is effective on August 1, 2006, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders. You may make purchases, sell to and order from APMEX only in accordance with the Ordering Policy and Procedures.
Disclaimers. You are subject to the Disclaimers (Available by hyperlink) that have been made by APMEX, which APMEX encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by APMEX.
In addition, you represent and warrant to APMEX that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to APMEX. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that APMEX is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of APMEX, and you expressly acknowledge that APMEX is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Risks. All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Indemnification. You shall indemnify and hold harmless APMEX and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to APMEX or (b) your failure to comply with this User Agreement or the policies adopted by APMEX.
Limitation of Liability. You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by APMEX.
In the event that, notwithstanding such limitations of liability, APMEX is determined to be liable to you in connection with any transaction between APMEX and you pursuant to this User Agreement, the liability of APMEX to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. APMEX shall not, in any event, be liable for any consequential, exemplary or indirect damages.
By purchasing from, making sales to or ordering from APMEX, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Export Compliance. Every product tat APMEX sells is subject to all U.S export laws.No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the U.S has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the U.S Treasury Department's list of Specially designated Nationals or the U.S Commerce Department's Table of Denial Orders.
Termination. Either APMEX or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of APMEX and you with respect to the period prior to the termination.
Default; Rights and Remedies. Upon any failure by you to comply with your obligations to APMEX, APMEX shall have all of the rights and the remedies available to APMEX, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, APMEX may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of APMEX in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by APMEX of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to APMEX, in the event of any failure by you to comply with this User Agreement, APMEX may charge the credit card on which you have provided APMEX including, without limitation, any and all market losses incurred by APMEX including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize APMEX to charge your credit card for all of such amounts.
Our "Market Loss Policy" (Ask to ask policy).
When purchasing from APMEX, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 (USD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of APMEX.
When selling to APMEX, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $35.00 (USD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of APMEX.
In addition to the other rights and remedies available to APMEX, in the event of any failure by you to comply with this User Agreement, APMEX may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
In addition to the other rights and remedies available to APMEX, APMEX may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to APMEX and may offset any monetary obligations that APMEX has to you against your monetary obligations to APMEX. APMEX may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to APMEX in such manner as APMEX determines to be appropriate.
Absence of Relationship. The sole relationship between APMEX and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between APMEX and you exists.
Assignment. You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of APMEX, which may be granted or withheld by APMEX in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of APMEX and you.
Costs and Expenses of Collection. In the event that APMEX must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by APMEX, including, without limitation, reasonable attorneys' fees, in connection with such action.
Dispute Resolution. It is the common goal of APMEX and you that any disagreement or dispute between APMEX and you be resolved expeditiously. APMEX and you agree that all disagreements and disputes between APMEX and you be resolved in accordance with the following paragraphs:
Forum Selection. The federal and state courts located in Oklahoma County, Oklahoma shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law. This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Oklahoma, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH APMEX AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both APMEX and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure. If APMEX can not perform any obligation hereunder as a result of any event that is beyond its control, APMEX's delay or failure to perform such obligation shall be excused and APMEX shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances. You shall execute and deliver such other documents and take such other actions as may be reasonably requested by APMEX to carry out this User Agreement.
Notices. Except as otherwise provided in this User Agreement, all notices and other communications to APMEX shall be directed to the registered agent of Edmond Coins Corporation in the State of Oklahoma and all notices and other communications to you shall be directed, at the option of APMEX, to the address that you provided to APMEX at the time of your registration or to the email address that you provided to APMEX at the time of your registration.
Recording of Phone Conversations. APMEX may record phone conversations between APMEX and you. You consent to the recording of such phone conversations.
Absence of Waivers. A decision or a failure by APMEX to take action with respect to any non-compliance with this User Agreement does not affect the ability of APMEX with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
Section Headings. The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
Severability. This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment. APMEX may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
This User Agreement may not be otherwise amended except by written agreement between APMEX and you.
Entire Agreement. This User Agreement sets forth the entire understanding between APMEX and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact American Precious Metals Exchange at 1-800-375-9006.