Terms of Service
The last date these Terms of Service were revised is set forth below:
April, 17 2014
These terms and conditions (“Agreement”) govern your use of ChineseCoins.com (“Site”), an online information service operated by Coinex, a California DBA, (“Coinex”, “we”, “our”, “us”, etc.). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Service” or “TOS”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to as this “Agreement”.
If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.
1. Use of Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Coinex products. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Coinex reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site except as expressly permitted by the Terms of Service.
Coinex respects the intellectual property of others. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Coinex, its licensors, contributors or third parties.
3. Links to Third-Party Sites
Links on the Site to third party Sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Coinex of the third party, the third-party website, or the information contained therein. Coinex is not responsible for the availability of any such website. Coinex is not responsible or liable for any such website or the content thereon.
4. Linking to this Site
Coinex encourages linking, however, you may not not knowingly link Coinex with: (a) any content or feature which violates or infringes the rights of any person or which a reasonable person would consider abusive, profane or offensive, which is false or misleading, defamatory or harassing, excessively violent, or which violates or encourages others to violate any applicable law, (b) any obscene, pornographic or sexually explicit materials.
You may not mirror or frame the home page or any other pages of this Site on any other website or web page.
You may not present the link in a manner that diminishes Coinex’s goodwill.
5. Downloading Files
Coinex cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
6. Disclaimer of Warranties
COINEX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. COINEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED VIA THE SITE. COINEX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. COINEX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Limitation of Liability
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COINEX’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Coinex, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. Our Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Site. You agree to be solely responsible for your actions and the contents of your transmissions through the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
11. Domestic Use
We control the Site from our offices within the United States of America. We make no representation that the Site or its content are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from the Site may be downloaded in violation of United States law.
12. Accuracy of Information
The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for typographical, pricing, product information, advertising or other errors on the Site. Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements to the products and programs described on the Site at any time without notice.
13. Miscommunications/Lost Transactions
We are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. We are not responsible for any damages that may arise as a result of any orders you request or make on this Site which are not processed or accepted for any reason.
14. No Legal, Tax or Financial Advice
The Site and Content are not intended to and do not constitute legal, tax or financial advice. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Site. You should consult with your appropriate legal, financial or tax advisor regarding issues arising from the acquisition or disposition of precious metals, rare coins, rare currency and any financial investment. The information on this Site is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
15. Timeliness of Information
All materials that are contained on the Site were, to the best of our knowledge, timely and accurate when first presented. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. We have no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.
ALL DISPUTES ARISING OUT OF OR RELATING TO THIS TOS (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH) OR YOUR USE OF THE WEB SITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION HELD IN WALNUT CREEK, CALIFORNIA. 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 THIS TOS WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS TOS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, WE WILL HAVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO, CALIFORNIA TO ENFORCE THIS TOS OR PREVENT AN INFRINGEMENT OF A THIRD PARTY’S RIGHTS. IN THE EVENT EQUITABLE RELIEF IS SOUGHT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURT.
17. Waiver Of Class Action Rights
BY ENTERING INTO THIS TOS, 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 THIS TOS MUST BE ASSERTED INDIVIDUALLY.
18. Limitation of Actions
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 Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
We will have the right to terminate your access to the Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Site and we may, in our discretion, cancel any outstanding product orders. If your access to the Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site.
20. General Provisions
Correction of Errors and Inaccuracies. The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Coinex therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Coinex does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.