User Agreement

By using the Website www.APMEX.com and other services provided by APMEX, including placing Sales Orders from APMEX, placing Purchase Orders to 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 Sales and all Purchases, whether made through the Website, by telephone or otherwise.

This agreement contains 12 sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in section 12 (Definitions). Underlined words in this Agreement and on our website hyperlink to relevant information.

  1. Buying from Us
  2. Sending Your Payment
  3. Shipping Your Product
  4. QuickShip™ Program
  5. International Orders
  6. Return Policy
  7. Risks
  8. Selling to Us
  9. Market Loss Policy
  10. Binding Contract
  11. General Provisions
  12. Definitions

This User Agreement governs your Sale and Purchase transactions, including placement of Sales Orders from APMEX and Purchase Orders to APMEX, as applicable, and are incorporated by reference into and made part of the APMEX Website.

1. Buying from Us

  • A. Minimum Sales Orders

    • There is no minimum Sales Order for shipments within the U.S., regardless of the payment method. For any Sales Orders shipped to Canada, our minimum is $250.00 (USD) per transaction. The minimum Sales Order amount for shipments to Europe, Asia, Australia and New Zealand is $1,500.00 (USD) per transaction.
    • There is no maximum Sales Order. However, APMEX reserves the right to request a ten percent (10%) deposit on Sales Orders deemed “significant” by APMEX in its sole discretion, before we will accept and confirm the Sales Order and lock in prices. On Sales Orders greater than $500,000.00 (USD), we recommend that you contact our Sales Department at (800) 375-9006 (Press 1 for Sales) to determine if a deposit will apply.
  • B. Sales Order Price Confirmations

    • When buying online from us, the price at which your Sales Order is submitted is the locked-in price. There are no added commissions. The only charges APMEX adds are for shipping, handling and insurance. Your confirmation number will be in your return email. The Sales Order price is locked-in for 5 Business Days on Sales Order under $25,000.00 (USD) and for 3 Business Days on Sales Orders of more than $25,000.00 (USD). That is the time you have to make your payment to APMEX. You must ensure that your payment is dated within 24 hours of the time of your confirmed Sale and received by APMEX within 5 Business Days of your confirmed Sale on Sales Orders under $25,000 (USD) and 3 Business Days of your confirmed Sale on Sales Orders more than $25,000.00 (USD) to realize your locked-in price.
  • C. Cancellations of Sales Orders with APMEX

    • Once we have issued a Sales Order confirmation, (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Sales Order is confirmed. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with APMEX. You have no right to cancel your Sales Order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your Sales Order(s). We reserve the right to cancel any Sales Order at any time and for any reason.
    • Any Sales Order cancellations are subject to our Market Loss Policy plus a thirty-five dollar ($35.00 USD) cancellation fee. Sales Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to APMEX has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you agree you have full responsibility and liability to APMEX for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to APMEX good funds for any cancellation fee and/or Market Loss. No future Orders by you may be permitted unless and until any Market Loss is paid in full. Any Market Gain on Sales Order cancellations vests in and shall remain the property of APMEX. Upon written confirmation by APMEX of your payment of the $35.00 cancellation fee plus the Market Loss, we will forgive further action against and your responsibility for any breach by you and all resulting damages owed to APMEX.
  • D. Sales Order Changes

    • Because a Sales Order may not be changed, we suggest you take the time up front to make sure what you want is exactly what you request from us as reflected in your Sales Order.
  • E. Sales Order Payment Requirements

    • When you buy from us, you must ensure that your payment is received by APMEX within 5 Business Days from the date your Sales Order is placed for Sales Orders under $25,000.00 (USD) and within 3 Business Days from the date your Sales Order is placed for Sales Orders of more than $25,000.00 (USD) to realize your locked-in price. If you default and payment is not timely received by APMEX, APMEX reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Sales Order; (c) close your account; and/or (d) preclude you from placing future trades or from making future Sales from APMEX.
    • It is always best to send us your payment immediately to complete your transaction with APMEX and avoid any possible default so you can realize the locked-in price as of your confirmation time. When making payment by mail or wire, we recommend making payment the same day your Sales Order is placed and, when mailing payment, that you use a courier service that offers priority delivery and which provides you with a tracking number to ensure timely delivery and tracking capabilities.
    • If you default and your payment is not timely received by APMEX and a decline in the market price occurs, you will be liable for any Market Loss per our Market Loss Policy. You agree you have full responsibility and liability to APMEX for any cancellation fee and/or Market Loss. Any Market Gain on cancellations shall vest in and remain the property of APMEX.

2. Sending Your Payment

    • Payment instructions will be issued online on the final page of the online Sales Order process and again by email after you place your Sales Order. Payment must be dated within 24 hours of your Sales Order date. If you default and you do not meet these requirements, APMEX reserves the right to cancel Sales Orders. APMEX does not accept C.O.D. Sales Orders. We reserve the right to refuse or cancel any Sales Order at any time, including if it is deemed questionable or of significant risk to APMEX regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever.
  • A. Payment Options

    • Depending upon the Sales Order amount, you may pay by some or all of the following payment methods: credit card, bank wire, certified check, cashier’s check or personal check. More specifically:
    • Sales Order AmountAccepted Payment TypesPayment Due (from date Sales Order placed)
      Up to $1,500 (USD) Credit Card, Certified Check, Cashier’s Check or Personal Check 5 Business Days
      $1,501 to $5,000 (USD) Credit Card, Bank Wire, Certified Check, Cashier’s Check or Personal Check 5 Business Days
      $5,001 - $25,000 (USD) Bank Wire, Certified Check, Cashier’s Check or Personal Check 5 Business Days
      $25,001 - $250,000 (USD) Bank Wire or Personal Check 3 Business Days
      $250,001 + (USD) Bank Wire 3 Business Days
    • Credit card Sales Orders for any amount(s) are reviewed on an order by order basis. In APMEX’s sole discretion, your credit card Sales Order(s) may be subject to additional documentation or screening and are subject to our pre-approval, in our sole discretion. APMEX has the right to refuse any credit card payment in its sole discretion.
  • B. Cash Discounts

    • If you pay for Sales Order(s) by bank wire, certified check, cashier’s check or personal check, we provide a 3.5% cash discount off our list price. The prices shown for each Product on the Website are the list prices which already reflect the 3.5% cash discount. The price is higher if you choose and we approve credit card payment.
  • C. Collection Period on Checks

    • We deposit all certified checks and cashier's checks for collection and the typical period before we authorize shipment is from 5-10 Business Days. Personal checks are deposited for collection and the typical period before we authorize shipment is from 5-10 Business Days, regardless of when such checks may clear the banking system.
  • D. Wiring Funds

    • Once you have placed a Sales Order and we have issued a confirmation number, we will provide you wire instructions, including our bank name, ABA routing number and account number.
  • E. Good Funds Policy

    • Good funds is the day we receive your direct bank wire, and from 5-10 Business Days from the day we receive your cashier's check, certified check or personal check. Additional delays may occur for checks if your bank does not cooperate in assisting us with the information needed to verify your transaction.
  • F. Credit Cards

    • We may accept, but are not obligated to accept, credit card payments for Sales Order(s). We do recommend paying for smaller Sales Orders by credit card. All credit card Sales Order requests are reviewed on an order by order basis. In addition, we will only ship to the credit card billing address. Please confirm that the ship to address is the same as the mailing address in your online account before placing credit card Sales Orders. We reserve the right to refuse any Sales Order deemed questionable or of significant risk to APMEX regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever. We do not accept credit card payments for international Sales Orders. APMEX has the right to refuse any credit card payment in its sole discretion.
  • G. ACH or Online Payments for Sales Orders

    • We do not accept ACH transactions for Sales Orders. We do accept online bill payments in check form only. They will be treated the same as a personal check regarding shipment date. We will ship the Products(s) 5-10 Business Days after we receive the check.
  • H. Currencies

    • We currently accept payments for Sales Orders in US Dollars, Canadian Dollars, Euros, and British Pounds. Payment amounts must equal prices quoted in USD.

3. Shipping Your Product

    • Your Sales Orders are shipped by us, in our discretion, by Registered/Insured U.S. Mail, UPS, Federal Express or another common carrier. Each package is fully insured. Packages sent registered and insured mail can take on average 5-10 Business Days to receive.
  • A. Estimated U.S. Shipping, Handling and Insurance Charges

  • B. Insurance for Sales Orders

    • APMEX insures all of its Sales Order shipments to you for the sale value of the enclosed Product purchased from APMEX, subject to the following limitations. We must be notified of a lost package within thirty (30) days from the ship date of your order. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our insurance policy provided that you directly receive the package from the common carrier. Neither we, nor our insurance company, accepts (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In any such case, your package will not be covered for insurance by APMEX or our insurance carrier. If you do not receive the package directly from the common carrier, you agree to take all reasonable actions to assist in recovery of the package, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither APMEX, nor our insurance company or carrier, will have any liability to you.
    • When we ship to you, if Products are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we 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 APMEX shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with us in any investigation or claim process and to take every reasonable action requested of you in the process. Failure to fully cooperate will jeopardize coverage that may be provided to you.
  • C. Back Ordered Items

    • Supply and demand problems occasionally occur in our business. From time to time, we have more buyers than sellers. If this should happen, we reserve the right to delay delivery of your Sales Order(s) up to 28 calendar days (from your expected shipping date) to fill your Sales Order. Provided that you have not defaulted in any term of your completed transaction, even if the price were to rise, your price is locked-in. We will deliver Bullion (non-Numismatic) Product within 28 calendar days. If your Sales Order included a Numismatic or supply item from APMEX and we are sold out, we will either place it on back order, attempt to locate another or refund your original sales price, in our sole discretion. If a refund is provided or there is any delay in sending your Products, you waive any right to any claim or actual damages of any kind or nature whatsoever.

4. QuickShip™ Program

  • A. QuickShip™ Program

    • APMEX will provide our QuickShip™ Program with next day shipping for domestic orders paid by credit card or bank wires. Sales Orders paid by credit card will be shipped the Business Day following the date your order was placed. Sales Orders paid by bank wire will be shipped the Business Day following the date your bank wire was received. Federal holidays are not considered business days for the purposes of the QuickShip™ Program. The QuickShip™ program does not apply to Sales Orders shipped to our Citadel subsidiary.
    • The QuickShip™ Program does not apply to:
      1. International orders
      2. Sales Orders that include Pre-1933 US Gold Coins or Jewelry
      3. Sales Orders for Pre-sale items
    • In addition, if your Sales Orders is placed on hold at your request, or if we experience payment issues related to insufficient funds or fraud, or if we experience issues with your credit card that require additional research on our part, the QuickShip™ Program will not apply.
  • B. The QuickShip™ Guarantee

    • If your Sales Orders does qualify for the QuickShip™ Program and we fail to ship your credit card Sales Orders the Business Day following the date your Sales Orders was placed or the Business Day following the date your bank wire was received, you will receive a free shipping coupon that you can redeem on your next Sales Orders. Free shipping coupons will expire 60 days after issuance. Please note that free shipping coupons can only be redeemed by the customer they were originally issued to.

5. International Orders

  • A. Duties and Taxes

    • All duties and taxes must be paid by the customer on Sales Order(s) delivery. You may be subject to taxes and/or duties for your Sales Order from APMEX. Please consult your local customs broker for more information on duty and tax rates.
    • All shipping amounts listed below are approximations. Please call us for the most current shipping charges.
    • APMEX always declares the full value of the shipment on any customs form. There are no exceptions to this rule.
  • B. International Delivery Requirements

    • If your Sales Order is returned to APMEX due to your refusal to pay duties or taxes, or if the carrier (for example, Federal Express or UPS) was unable to deliver your Sales Order, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to APMEX. In addition, if your package is returned to APMEX, we will not reship your Sales Order unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-ship fees back to you.
    • International returns on Sales Orders are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company so your package is not returned to APMEX, subjecting you to unnecessary taxes, duties, shipping costs or delays. Delays for Sales Order re-ships could take 4-6 weeks or longer to complete when packages are not received as they should be. If you have any questions about your international shipment, please send an inquiry to info@APMEX.com.
  • C. Canada

    • Shipping charges for Sales Orders to Canada are approximately $34.95 (USD) plus an additional estimated $0.15 (USD) per troy ounce weight surcharge. Currently, all of our shipments to Canada must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Sales Orders by or to international customers using freight forwarding services, such as Vpost addresses. If Sales Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such Sales Orders is borne by you once APMEX delivers your product to the freight forwarding service or Vpost.
    • You may find this link to Revenue Canada documentation helpful when researching Canadian tax policies.
    • Canadian minimum Sales Order: $250.00 (USD)
  • D. Europe

    • We currently ship Sales Orders to Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Ireland, Isle of Man, Italy, Jersey, Luxembourg, Netherlands, Northern Ireland, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweeden, Switzerland and United Kingdom.
    • Shipping charges for Sales Orders to Europe are approximately $49.95 (USD) plus an additional estimated $0.25 (USD) per troy ounce weight surcharge. Currently, all of our Sales Order shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Sales Orders by or to international customers using freight forwarding services, such as Vpost addresses. If Sales Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such Sales Orders is borne by you once APMEX delivers your product to the freight forwarding service or Vpost.
    • Europe minimum Sales Orders: $1,500.00 (USD)
  • E. Asia

    • We currently ship Sales Orders to Brunei, Hong Kong, Japan, Macau, Malaysia, Philippines, Singapore, South Korea, Taiwan and Thailand.
    • Shipping charges for Sales Orders to Asia are approximately $49.95 (USD) plus an additional estimated $0.25 to $0.30 (USD) per troy ounce weight surcharge, depending upon the country. Currently, all of our Sales Order shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Sales Orders by or to international customers using freight forwarding services, such as Vpost addresses. If Sales Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such Sales Orders is borne by you once APMEX delivers your product to the freight forwarding service or Vpost.
    • Asia minimum Sales Orders: $1,500.00 (USD)
  • F. Australia

    • Shipping charges for Sales Orders to Australia are approximately $49.95 (USD) plus an additional estimated $0.25 (USD) per troy ounce weight surcharge. Currently, all of our Sales Order shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Sales Orders by or to international customers using freight forwarding services, such as Vpost addresses. If Sales Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such Sales Orders is borne by you once APMEX delivers your product to the freight forwarding service or Vpost.
    • Australia minimum Sales Orders: $1,500.00 (USD)
  • G. New Zealand

    • Shipping charges for Sales Orders to New Zealand are approximately $49.95 (USD) plus an additional estimated $0.30 (USD) per troy ounce weight surcharge. Currently, all of our Sales Order shipments must be shipped to a physical address and a delivery zone surcharge may apply. We do not typically accept Sales Orders by or to international customers using freight forwarding services, such as Vpost addresses. If Sales Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such Sales Orders is borne by you once APMEX delivers your product to the freight forwarding service or Vpost.
    • New Zealand minimum Sales Orders: $1,500.00 (USD)

6. Return Policy

    • We want our customers to be satisfied with their sales at APMEX. 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 Customer Service Department by telephone at (800) 375-9006, and who receive written confirmation that the exchange request has been approved. If approved, the Customer Service Department 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 and the risk of loss during the return shipment as part of the exchange. APMEX 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 APMEX.

7. Risks

    • All investments involve risk; Coins and Bullion are no exception. The value of a Bullion Coin (e.g., American Eagles or Canadian Maple Leafs) is affected by many economic factors, including the current market price of Bullion 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 in price as well as up, investing in them may not be suitable for everyone. Because 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. Please consult your financial advisor.
    • APMEX does guarantee that every item that we sell is genuine and that all Precious Metal items do contain the weight, fineness, and purity that we have advertised. However, all investments, of every type, involve some level of risk and Precious Metals are no exception. Like many markets, the Precious Metals market is speculative, and it is unregulated. The value of any Bullion item is generally determined by current spot price of the underlying Precious Metal, and by the supply and demand for these particular items. These prices will fluctuate throughout the day while the Precious Metals market is open. If you are considering purchasing Precious Metals as an investment, you should assess the stability of the current market and contact your financial advisor for all advice.

8. Selling to Us

  • A. Minimum Transaction Size for Purchase Orders

    • When you sell your items to us, our minimum Purchase Order amount is $1,000.00 (USD).
  • B. Physical Delivery for Purchase Orders

    • You may deliver your Precious Metals to one of our pre-approved depositories or drop off locations by pre-arranged appointment only. To make a delivery appointment, please call us at (800) 375-9006.
  • C. Delivery Terms for Purchase Orders

    • Once your Purchase Order is confirmed, you may not cancel and are obligated to send the agreed to quality and quantity of Precious Metals to APMEX. After confirmation, your Purchase transaction to APMEX may be cancelled by APMEX if you default in the performance of any of these requirements: (a) you do not call and provide us with the registered mail or other tracking number by the end of Business Day following confirmation of the Purchase Order to us; (b) we do not receive the Precious Metals which are part of such Purchase Order to us within 5 Business Days; and/or (c) Precious Metals are received but do not meet the quality standards, agreed quantity and/or for other non-compliance by you. Additionally, if your Purchase Order transaction obligation(s) are not met and/or your Purchase Order transaction is cancelled by APMEX, you agree you are responsible for and liable to cover any Market Loss we might or do incur by accepting the Purchase Order to buy from you. This is covered in our Market Loss Policy. Furthermore, in our sole discretion, you may not be permitted to buy from or sell to us in the future. If you call and provide us with the registered mail or tracking number as required, and we do not receive the items within 5 Business Days from the date the delivery to us was initiated and the delay is due to the USPS, UPS or Federal Express, we may, but are not obligated to, extend the deadline on a case by case basis and in our sole discretion. We reserve the right to cancel any Purchase Order at any time and for any reason. All risk of loss in any Purchase Order transaction is borne by you until APMEX takes actual physical custody and control of each and all of the Product(s) that are the subject of the Purchase Order.
  • D. APMEX’s Payments to You for Purchase Orders

    • When we receive the package containing your Purchase Order items, and after we have confirmed the quality, quantity and otherwise the entire accuracy of the transaction, we will typically send you the payment due within 3-5 Business Days in one of the following ways. You can select the payment method as described below that best suits your needs. Payment options for Purchase Orders of less than $5,000.00 (USD) are:
      1. Check sent priority mail (you are responsible for a $7.95 (USD) priority fee which will be applied);
      2. Check sent first class mail; or
      3. Funds sent by ACH
    • Payment options for Purchase Orders of $5,000.00 (USD) or more are:
      1. Bank Wire (you are responsible for a $25.00 (USD) priority fee which will be applied);
      2. Check sent priority mail (you are responsible for a $7.95 (USD) priority fee which will be applied);
      3. Check sent first class mail; or
      4. Funds sent by ACH
  • E. Cancellation of Purchase Orders

    • Once we have issued a Purchase Order confirmation number (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Purchase Order is confirmed. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with APMEX. You have no right to cancel Purchase Order(s). However, if you default in your performance of shipment, quality, quantity or any other act required to complete the Purchase Order transaction as required, we may cancel your Purchase Order(s). We reserve the right to cancel any Purchase Order at any time and for any reason.
    • All Purchase Order cancellations are subject to our Market Loss Policy plus a thirty-five dollar ($35.00 USD) cancellation fee. Purchase Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to APMEX has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you agree you have full responsibility and liability to APMEX for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to APMEX good funds for any cancellation fee and/or Market Loss. No future Orders may be permitted until any Market Loss is paid in full. Any Market Gain on Purchase Order cancellations vests in and shall remain the property of APMEX, and APMEX shall have no responsibility to you for Market Gain. Upon written confirmation by APMEX of your payment of the $35.00 cancellation fee plus the Market Loss, we will forgive further action against you and your responsibility for any breach by you and all resulting damages owed to APMEX.
  • F. Purchase Order Fees

    • When you sell your items to us there are no hidden fees or charges. The prices quoted are the prices we will pay.

9. Market Loss Policy

    • When you buy from APMEX, once we have issued a Sales Order confirmation number, you have a binding contract, the transaction price is locked-in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with APMEX. If you default in your performance of payment, shipment or any other act required by you, we may cancel your Sales Order(s). If your Sales Order(s) is cancelled, you agree you have full responsibility and liability to APMEX for any Market Loss, plus a thirty-five dollar ($35.00 USD) cancellation fee. You must also pay, and have full responsibility and liability to, APMEX for all fees and costs associated with APMEX’s efforts in collecting from you. Any Market Gain on Sales Order cancellations shall vest in and remain the property of APMEX, and APMEX shall have no responsibility to you for Market Gain. We reserve the right to cancel any Sales Order at any time and for any reason. All future Sales Orders will be held for shipment until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
    • When you sell to APMEX, once we have issued a Purchase Order confirmation number, you have a binding contract, the transaction price is locked-in and the corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with APMEX. If you default in your performance of shipment, quality or quantity or any other act required by you, we may cancel your Purchase Order(s). If your Purchase Order(s) is cancelled, you agree you have full responsibility and liability to APMEX for any Market Loss, plus a thirty-five dollar ($35.00 USD) cancellation fee. You must also pay, and have full responsibility and liability to, APMEX for all fees and costs associated with APMEX’s efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of APMEX, and APMEX shall have no responsibility to you for Market Gain. We reserve the right to cancel any Purchase Order at any time and for any reason.

10. Binding Contract

11. General Provisions

  • A. Absence of Relationship

    • The sole relationship between APMEX and you is that of buyer-seller. 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.
  • B. Additional Items

    • Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the Products.
  • C. Assignment

    • You may not assign any of your rights or 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 contract, including but not limited to the User Agreement, shall be binding on all permitted assigns and successors of APMEX and you.
  • D. Confidentiality

    • You shall hold the existence and terms of all your transactions with APMEX, including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, APMEX and you shall cooperate, in good faith, with APMEX in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.
  • E. Dispute Resolution

    • It is APMEX’s goal that any disagreement or dispute be resolved expeditiously. We encourage you to contact Customer Service at (800) 375-9006 if you have any concerns and to try to resolve this amicably between us. If an amicable resolution cannot be reached, you agree that any and all disagreements and disputes between us shall be resolved in accordance with the following paragraphs:
    • 1. Forum Selection and Governing Law.
      • The federal and state courts located in Oklahoma County, Oklahoma, shall have exclusive jurisdiction of all actions arising out of or relating to the transactions between you and APMEX, including but not limited to the User Agreement. All such disputes shall be resolved exclusively in such federal and state courts, as appropriate, in that jurisdiction. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and waive all objections to the jurisdiction of such federal and state courts. Any action arising out of or relating to the 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.
    • 2. Waiver of Jury Trial; Arbitration.
      • Both APMEX and you hereby waive the right to a trial by jury in connection with any dispute arising out of or relating to the User Agreement and the transactions between them. Both APMEX and you also waive any arbitration requirements to which they might otherwise be subject.
  • F. Force Majeure

    • If APMEX cannot 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.
  • G. 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 your obligations under the User Agreement.
  • H. Notices

    • Except as otherwise provided herein, all notices and other communications to APMEX shall be directed to APMEX, c/o Chief Financial Officer, 226 Dean A. McGee Avenue, Oklahoma City, OK 73102, and all other 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.
  • I. Recording of Phone Conversations

    • APMEX may record phone conversations between us, and you expressly consent to the recording of such phone conversations.
  • J. Absence of Waivers

    • A decision or a failure by APMEX to take action with respect to any non-compliance by you of your obligations to APMEX or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of APMEX with respect to any other non-compliance by you, and does not waive or limit APMEX’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
  • K. Pricing or Typographical Errors

    • We work hard to provide accurate Product and pricing information to you. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, APMEX shall have the right, at our sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Sales Order or Purchase Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your Products or your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
  • L. Security

    • APMEX takes security very seriously. Our security measures protect the loss, misuse and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to APMEX. Furthermore all of the customer data we collect is protected against unauthorized access. See our Privacy Policy for additional information.
  • M. Section Headings

    • The section headings are included for ease of reference and do not affect the interpretation or the scope of the User Agreement.
  • N. Severability

    • The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
  • O. Amendment

    • APMEX may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.
  • P. Entire Agreement

    • The User Agreement, the Privacy Policy and confirmations of the Sale or Purchase transactions hereunder set forth the entire understanding between APMEX and you with respect to the subject matter of our transactions.
  • Q. User Content and Conduct

    • At times, if and where applicable at the Website, you may be invited to post User Content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another or to us, is your sole responsibility. Though the Website is designed to be a safe place to share such User Content, APMEX cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential or do not want others to use, do not post it to the Website. Under no circumstances will APMEX be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. The APMEX entities are not responsible for a user’s misuse or misappropriation of any User Content you posted at the Website.
    • By posting any User Content at the Website, you hereby grant APMEX and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license set forth in this section; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you post at the Website.
    • You acknowledge and agree that APMEX may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of APMEX, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
    • You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to APMEX worldwide. Posting of User Content to or through the Website, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. APMEX shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. APMEX shall be entitled to unrestricted use of any User Content it may receive from you at the Website, for any purpose whatsoever, commercial or otherwise, without compensation to you as the provider of the User Content.
    • You agree that you will not use the Website to:
      1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to a representative of APMEX, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
      5. upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
      8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
      10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
      11. "stalk" or otherwise harass another; or
      12. collect or store personal data about other Website users.
    • You understand that by using the Website, you may be exposed to User Content created by others that is offensive, indecent or objectionable. APMEX does not endorse or have control over User Content. User Content is not reviewed by APMEX prior to posting and does not reflect the opinions or policies of APMEX. APMEX makes no representations or warranties, express or implied as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website. APMEX assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time APMEX chooses, in its sole discretion, to monitor the Website, APMEX nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Website users submitting any such User Content. Notwithstanding the foregoing, APMEX and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in APMEX’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
    • You are solely responsible for your interactions with other Website users. APMEX reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if APMEX determines, in its sole discretion, that doing so is prudent.

12. Definitions

    • The following terms have the following meanings in the User Agreement:
  • A. APMEX

    • The term "APMEX" means APMEX, Inc., a Delaware corporation.
  • B. Bullion

    • The term “Bullion” means the term that is used to describe (1) Gold, Silver, Platinum or Palladium Coin(s), bar(s) or round(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and (2) the form in which metal is shaped such as bars, ingots or wafers.
  • C. Business Day(s)

    • The term "Business Day(s)" means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Oklahoma.
  • D. Coin(s)

    • The term “Coin(s)” means a stamped piece of metal of a known weight and fineness issued by a sovereign government.
  • E. Fair Market Value

    • The term “Fair Market Value” means the Fair Market Value of the Product as determined by APMEX, in its reasonable discretion, as of 5:00 p.m., Central Time, on the date of cancellation of the Sales Order or the Purchase Order.
  • F. Market Gain

  • G. Market Loss

  • H. Numismatic Coins

    • The term “Numismatic Coins” means a Coin, the price of which depends more in its (their) rarity, condition, dates, and mint marks than on their gold or silver content, if any.
  • I. Numismatic

    • The term “Numismatic” means the study or collection of anything used as a medium of exchange – especially Coins and paper money.
  • J. Order(s)

    • The term "Order(s)" means, as applicable, a confirmed Sale by a customer or Purchase by APMEX, whether such Order was made through the Website, by telephone, in person or otherwise.
  • K. Precious Metal(s)

    • The term “Precious Metal(s)” means Gold, Silver and Platinum along with the Platinum group of elements: rhodium, osmium, ruthenium, Palladium and iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.
  • L. Product(s)

  • M. Purchase(s)

    • The term "Purchase(s)” means the acquisition of Product(s) by APMEX from a customer, whether made through the Website, by telephone, in person or otherwise, with the number, quality and price confirmed. A Purchase is distinct from the acquisition by a customer from APMEX of a Product, which is treated as a Sale hereunder.
  • N. Purchase Order(s)

    • The term “Purchase Order(s)” means an Order placed by APMEX with a customer for the acquisition by APMEX of Product(s) from the customer.
  • O. Sale(s)

    • The term "Sale(s)” means the acquisition of Product(s) by a customer from APMEX, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed. A Sale is distinct from the acquisition by APMEX from a customer of a Product, which is treated as Purchase hereunder.
  • P. Sale Order(s)

    • The term “Sale Order(s)” means an Order placed by a customer with APMEX for the acquisition by the customer of Product(s) from APMEX.
  • Q. Semi-Numismatic

  • R. User Content

    • The term “User Content” means content posted by you on the Website, including without limitation any images or testimonials.
  • S. Website

    • The term "Website” means the websites located at www.APMEX.com and mobile.APMEX.com
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