Terms and Conditions
By using and placing an order for products through the Kearney Coin Center 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 Kearney Coin Center (“Kearney Coin Center”, “CLIENT”, “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 Kearney Coin Center, making sales to Kearney Coin Center, and placing orders with Kearney Coin Center.
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 KEARNEY COIN CENTER. KEARNEY COIN CENTER 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, Kearney Coin Center 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 be controlled.
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 Kearney Coin Center, 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.
Purchases, Sales, and Orders - Policies and Procedures
You may make purchases, sell to, and order from Kearney Coin Center only in accordance with these Terms and Conditions and accompanying policies and procedures. Upon placing an order to purchase or sell with Kearney Coin Center, 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. In order to reserve your guaranteed price, your payment must be received by Kearney Coin Center within two (2) business days for wire 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, cashiers check, or money order, payments MUST be postmarked within two (2) business days of order placement and MUST be received within seven (7) business days of order placement.
In most cases, 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 $45 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 Kearney Coin Center’ fault or otherwise, we reserve the right to cancel the order.
When selling to Kearney Coin Center the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at Kearney Coin Center’ current purchase price. Sales to Kearney Coin Center must be shipped within two (2) business day and you must contact Kearney Coin Center via email at info@kearneycoincenter.com or telephone at 308-455-1550 to provide a tracking number so that we can confirm that the product has been shipped and is en route.
All products sold to Kearney Coin Center must be received by Kearney Coin Center within seven (7) business days, else the customer will be charged any Market Losses as well as a $45 administrative fee. If Kearney Coin Center does not receive the product within seven (7) business days but the delay is attributable to the carrier, Kearney Coin Center 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 Kearney Coin Center, in the event of any failure by you to comply with these Terms and Conditions, Kearney Coin Center 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 prosecute offenders to the fullest extent of the law.
Payment Options
Kearney Coin Center requires that all payments be made via check, money order, cash (in person only), PayPal and credit cards for payments up to $2,500 unless prior business has been conducted or references are provided. Bank wire is accepted for orders over $2000. Depending upon the amount of an order, Kearney Coin Center reserves the right to request additional documentation. Kearney Coin Center 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 for large purchases. By choosing to pay with a credit, you expressly authorize Kearney Coin Center to authorize and capture your credit card payment prior to shipment. We do not accept cash payment in excess of $10,000.
Kearney Coin Center 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), Kearney Coin Center 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.
Payment Instructions
Kearney Coin Center will issue payment instructions to you during the ordering process and via email following completion of your order. Kearney Coin Center does not accept Cash on Delivery orders. Kearney Coin Center reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (2) business day for paper check orders.
Cancellation Policy
Once you have placed an order to buy with Kearney Coin Center 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 Kearney Coin Center) at Kearney Coin Center’ 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, 9:00AM to 5:00 PM Central. Kearney Coin Center 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 $45.00 (USD) administrative fee. As applicable, the difference between the Purchase Price and our Buy Price will be added to the $45.00 (USD) administrative fee. In the event of a confirmed cancelled order, you expressly authorize Kearney Coin Center to automatically bill the credit card on file for the difference between the Purchase Price and the Asking Price, plus the $45.00 (USD) administrative fee. Alternatively, in the event that your credit card is denied, Kearney Coin Center 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. Any and all market gains on cancellations shall belong solely to Kearney Coin Center.
For cancelled/offsetting orders, $45.00, plus the difference between the Purchase Price and Kearney Coin Center’s Buy Price will be charged.
After Kearney Coin Center 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 $45 cancellation fee.
Kearney Coin Center 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 Kearney Coin Center deems questionable or suspicious, for orders Kearney Coin Center deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Kearney Coin Center does not receive payment within the allotted time frame. Kearney Coin Center 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 Kearney Coin Center will contact you directly with notification of the cancellation.
Return Policy
Numismatic Items
Return numismatic items within 14 days if not satisfied. Buyer pays return shipping charges. Any Returned Item(s) must be unaltered from original sale condition. Any Returned Item(s) must remain in the original container unopened, unless approved beforehand. A 5% restocking charge will be charged unless authorized by Kearney Coin Center. When returning items, please package securely- Kearney Coin Center cannot assume responsibility for items lost or damaged in delivery. Upon receipt of returns, all refunds will be issued promptly.
Bullion Items
All sales for bullion products by Kearney Coin Center are FINAL. Products can be sold back to Kearney Coin Center at any time by calling us on 308-455-1550 and the price of that sale back to Kearney Coin Center will be determined by the Kearney Coin Center Buy Price.
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 Kearney Coin Center reshipping and the risk of loss during the return shipment as part of the exchange. Kearney Coin Center 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 at 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 Kearney Coin Center.
Kearney Coin Center Market Loss Policy
Upon issuance of an order number following a purchase from Kearney Coin Center, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Kearney Coin Center’ current buy price. If your item is cancelled, you are responsible for any deficit between the price at which Kearney Coin Center 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 $45.00 (USD) administrative fee. Market gains on cancellations or returns shall remain the property of Kearney Coin Center.
Without limiting any other legal or equitable rights and remedies that may be available to Kearney Coin Center, Kearney Coin Center may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Kearney Coin Center may have to you. Kearney Coin Center 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 Kearney Coin Center.
Shipment and Delivery
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.There are some instances that there will be a 7-10 day delay on shipment when our inventory and personnel are at a major coin show.
Items are shipped using known and insured carriers. The vast majority of orders will be shipped via the US Postal Service First Class, Priority or Express Mail. UPS or Fedex may also be used and either ground or second day air are the most common ways items are shipped, depending upon the total value of the shipment and the weight of the shipment. Consideration on shipping service will depend on what part of the country you are located in; we may use Fedex to offset USPS delays.
Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Packages whose totals are over $1,000 will require a signature upon delivery, if your package is under the stated amount but you would still like signature added to your shipment, please contact info@kearneycoincenter or call 308-455-1550 (additional fees may be applied). Kearney Coin Center fully insures all of 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, Kearney Coin Center 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. Kearney Coin Center, at its sole discretion, may decide to ship you a lost product(s) before the insurance investigations have concluded.
Please note that Kearney Coin Center will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases 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 Kearney Coin Center may have to refute any claims.
Export Compliance
Each product that Kearney Coin Center sells is subject to all United States export laws. Therefore, 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 United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
Termination
Either Kearney Coin Center 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 Kearney Coin Center or you with respect to the period prior to the date of termination.
Disclaimers, Exclusions and Limitations
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 Kearney Coin Center. You, and not Kearney Coin Center, 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 Kearney Coin Center that you have sufficient experience and knowledge to make informed financial decisions and that Kearney Coin Center is not making any recommendation with respect to such purchases and/or such sales.
Disclaimer of Warranties
KEARNEY COIN CENTER PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS”AND “AS AVAILABLE” BASIS. KEARNEY COIN CENTER 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. KEARNEY COIN CENTER 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 KEARNEY COIN CENTERS 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 Kearney Coin Center 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, KEARNEY COIN CENTER 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.
Limitation of Liability
Kearney Coin Center SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE Kearney Coin Center 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 Kearney Coin Center ONLINE ORDER ENTRY SYSTEM, A TELEPHONE ORDER, IN PERSON IN ONE OF OUR OFFICES, OR OUR WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. Kearney Coin Center SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, Kearney Coin Center 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 Kearney Coin Center’s REASONABLE CONTROL. Kearney Coin Center SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE Kearney Coin Center ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnity and Release
You agree to defend, indemnify and hold Kearney Coin Center 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 Kearney Coin Center, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Kearney Coin Center 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 Kearney Coin Center’ consent.
You are hereby agreeing to release the Kearney Coin Center 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.
Relationship
The sole relationship between you and Kearney Coin Center 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.
No Waiver
Upon your failure to comply with your duties and obligations to Kearney Coin Center, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Kearney Coin Center 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 Kearney Coin Center 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 Kearney Coin Center the right to charge your credit card for any and all market losses incurred by Kearney Coin Center, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Kearney Coin Center as a result of price and market fluctuations for which you did not fulfill.
No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of Kearney Coin Center. Such consent may be granted or withheld by Kearney Coin Center 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 Kearney Coin Center.
Force Majeure
You acknowledge and understand that if Kearney Coin Center and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Kearney Coin Center 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 Kearney Coin Center and/or the Website. Kearney Coin Center 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.
Website Use and Restrictions
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 of 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 Kearney Coin Center 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.
Miscellaneous
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 Kearney Coin Center 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 held in San Francisco, CA 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, Kearney Coin Center 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. In the event that Kearney Coin Center 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 Kearney Coin Center, 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 Kearney Coin Center to carry out these Terms and Conditions.
Severability
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.
Entire Agreement
This Agreement constitutes the entire agreement between you and Kearney Coin Center and governs your use of the Website, telephone orders, or in person orders superseding any prior agreements.
Statute of Limitations
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.
Privacy
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.