COIN TRANSACTION/WEBSITE USER AGREEMENT
1. By electing to utilize the services provided by CJMcoins.com including making purchases from CJMcoins.com or making sales to or trades with CJMcoins.com, you are agreeing to the following terms. These terms apply to all orders, all purchases, sales and trades made by telephone, through the website or otherwise.
2. Before you may place an order to purchase, sell or trade coins with CJMcoins.com through an online transaction, you must read and accept all the terms included in this Agreement. If you have placed an order to purchase, sell or trade coins with CJMcoins.com via telephone and the terms of this Agreement are unacceptable to you, please utilize the return privilege referenced in Paragraph 4. Otherwise, you acknowledge acceptance of all terms of this Agreement.
3. You represent and warrant to CJMcoins.com that you have enough experience and knowledge to make informed decisions to purchase from and/or sell and/or trade coins to CJMcoins.com. You acknowledge you are making your own decision to purchase coins from CJMcoins.com or sell or trade coins to CJMcoins.com. You further acknowledge CJMcoins.com is not making any recommendations with respect to your online transactions. Additionally, you acknowledge all statements, opinions, and pricing relayed to you by CJMcoins.com representatives are believed to be reliable, truthful and accurate, but they are not guaranteed in any way and are subject to change without notice. You acknowledge that CJMcoins.com advises, and you have had the opportunity to perform your own due diligence in deciding the amount and type of your coin transaction and numismatic position. You understand and acknowledge that past performance is not a guarantee of future returns. You acknowledge that CJMcoins.com advises, and you have had the opportunity to independently verify all representations made via the CJMcoins.com website, via email, via CJMcoins.com publications or from CJMcoins.com representatives. You acknowledge CJMcoins.com is not liable for any claims or losses which might be incurred while relying on information published by CJMcoins.com.
4. You acknowledge that you are subject to a variety of risks which are beyond the control of CJMcoins.com, and you expressly acknowledge CJMcoins.com is not liable or responsible for those risks, which include, but are not limited to price volatility. You understand and acknowledge as with all coin purchase collections the value of coins could go up or down. You understand and acknowledge the coin market is speculative and unregulated and you could lose money if you sell your coins. You understand and acknowledge coin values are affected in part by economic, market conditions and collect-ability and you are willing to assume the risk associated with your coin transactions. You understand and acknowledge CJMcoins.com does not offer any express, assumed or implied promises regarding future performance, profit or growth of your coin purchase collection. You understand and acknowledge CJMcoins.com does not guarantee a profit or growth in any time frame. You acknowledge and understand third party grading and authentication of numismatics does not eliminate all risks associated with the grading of coins.
You understand if you are not 100% satisfied with your purchase, you may return it in its original holder and or packaging within fourteen (14) days of receipt for a full refund except on bullion orders to CJMcoins.com, P. O. Box 36, Dennis, Texas 76439. You understand returns of numismatic items outside of the fourteen (14) days return privilege may be subject to a restocking fee of up to 20% of the purchase price paid by the purchaser. You understand and accept CJMcoins.com’ policy that payments for refunds on coins received and confirmed for restocking will be processed in 10-15 business days unless otherwise specified by management in writing.
5. You shall independently determine what amount of purchase risk is appropriate for you and your personal circumstances.
6. You understand, acknowledge and accept that there is a price differential or “spread” between CJMcoins.com’ selling price (the “ask price”) and CJMcoins.com’ buyback price (the “bid price”) for coins CJMcoins.com needs. CJMcoins.com’ “bid price” is the price it pays to customers for a coin. CJMcoins.com’ “ask price” is the price it charges customers for a coin. The spread is calculated by subtracting the bid price from the ask price and then dividing the difference by the ask price. ([Ask – Bid] ÷ Ask). You understand, acknowledge and accept CJMcoins.com’ current spread on common bullion coins typically ranges from 2% to 5%. CJMcoins.com’ current spread on the most common date antique coins typically ranges from 10% to 20%. CJMcoins.com’ current spread on the rarest coins typically ranges from 35% to 40%.
7. Although CJMcoins.com takes great care to provide accurate product and pricing information, pricing or typographical errors may occur. In the event an item is listed with incorrect information or an incorrect price due to an error in information or pricing, CJMcoins.com retains the right at their sole discretion to refuse or cancel any order placed for that item. If an item is incorrectly priced, CJMcoins.com will contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability of products are subject to change without notice.
9. You acknowledge that you are personally and financially suited for coin collecting. You understand and acknowledge CJMcoins.com does not recommend financing any coin purchase or spending more than you can afford to lose if your coin collection declines in value. You expressly acknowledge any decision by you to finance coin purchases or spend more than you can afford to lose is solely your decision despite CJMcoins.com recommendations to the contrary. You acknowledge and agree that no warranties or guarantees have been made to you regarding the coins purchased from CJMcoins.com.
10. You expressly acknowledge any decision by you to sell or trade coins from a collection at a loss or gain is solely your decision.
11. You acknowledge and understand CJMcoins.com has the right to refuse an order when the confirmed price is incorrect, due to computer related problems, pricing error, incorrect item descriptions or sudden movements in the precious metal market. Furthermore, CJMcoins.com retains the right to refuse or cancel any order deemed questionable, suspicious, or of significant risk to CJMcoins.com regardless of payment method and price confirmation.
12. You accept and acknowledge CJMcoins.com’ Terms and Conditions for customers and website visitors.
13. THE FORMATION OF THIS AGREEMENT CONSTITUTES THE MAKING OF THIS CONTRACT IN PARKER COUNTY, TEXAS. REGARDLESS OF THE MANNER, TIMING OR LOCATION OF DELIVERY OR RECEIPT OF ACCEPTANCE OF THIS AGREEMENT, THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. SUBJECT TO THE ARBITRATION AGREEMENT IN PARAGRAPH 14, ANY LEGAL ACTION OR PROCEEDING BETWEEN YOU AND CJMCOINS.COM OR WITH RESPECT TO THIS AGREEMENT OR ANY TRANSACTION HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF TEXAS LOCATED IN TARRANT COUNTY OR OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF TEXAS. BY ACCEPTANCE OF THIS AGREEMENT, YOU AND CJMCOINS.COM HEREBY ACCEPT, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF THESE COURTS. YOU AND CJMCOINS.COM WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT YOU OR WORLD AWESOME COINS MAY NOW OR HEREAFTER HAVE TO ANY SUCH ACTION OR PROCEEDING IN SUCH JURISDICTIONS.
14. YOU AND CJMCOINS.COM AGREE TO ARBITRATE IN A FINAL BINDING MANNER PURSUANT TO THE FEDERAL ARBITRATION ACT IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES IN TARRANT COUNTY, TEXAS ALL CONTROVERSIES BETWEEN YOU AND CJMCOINS.COM, ITS OWNERS, REPRESENTATIVES OR AGENTS THAT CANNOT BE AMICABLY RESOLVED BY DIRECT NEGOTIATION OR THROUGH PRE-ARBITRATION MEDIATION, ARISING OUT OF OR RELATING IN ANY WAY TO ANY TRANSACTION WITH CJMCOINS.COM, YOUR ACCOUNT, OR ANY SERVICE PROVIDED BY CJMCOINS.COM TO YOU. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU AND CJMCOINS.COM UNDERSTAND THAT BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
15. IF ANY PARTY UNSUCCESSFULLY RESISTS ARBITRATION UNDER PARAGRAPH 13 OR THE CONFIRMATION OR ENFORCEMENT OF AN ARBITRATION AWARD RENDERED PURSUANT TO THIS AGREEMENT, THEN ALL COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED BY THE OTHER PARTY OR PARTIES IN COMPELLING ARBITRATION OR CONFIRMING OR ENTERING THE AWARD SHALL BE FULLY ASSESSED AGAINST AND PAID BY THE RESISTING PARTY.
16. 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 TO COIN PURCHASES, COIN SALES OR ANY OTHER TRANSACTIONS BETWEEN YOU AND CJMCOINS.COM MUST BE FILED WITHIN ONE MONTH AFTER SUCH TRANSACTION OR FOREVER BE BARRED. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, IF THE LAW OF THE APPLICABLE JURISDICTION HAS A “DISCOVERY RULE” WHEREBY ACCRUAL OF SUCH CLAIM IS DEFERRED WHICH IS APPLICABLE TO ONE OR MORE CLAIMS, THEN THE ONE MONTH LIMITATION PERIOD SPECIFIED HEREIN SHALL BEGIN RUNNING FROM THE DATE OF ACCRUAL FOR SUCH CLAIM OR CLAIMS AS DETERMINED BY THE LAW OF THE APPLICABLE JURISDICTION, IT SHALL REMAIN FULLY ENFORCEABLE AS TO ALL OTHER CLAIMS.
17. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT AWESOME WORLD COIN’S LIABILITY IN ALL CLAIMS WHETHER THEY SOUND IN TORT, CONTRACT, WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE COINS IN DISPUTE LESS THE COINS’ FAIR MARKET VALUE AS OF THE DATE ANY ARBITRATION PROCEEDING IS COMMENCED. UNDER NO CIRCUMSTANCES SHALL CJMCOINS.COM BE LIABLE TO YOU FOR INDIRECT, INCIDENTIAL, ADDITIONAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
18. YOU AND CJMCOINS.COM AGREE THAT ALL CLAIMS SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. You acknowledge and confirm you are of legal age and capacity to enter into this Agreement. If you are acting in a capacity other than as an individual, you represent that you are fully authorized to act on the owner’s behalf.
20. You accept and acknowledge TST Global, LLCs' Disclosures which are included with each Invoice to you and appear on the website.
21. You understand and agree that CJMcoins.com may, in CJMcoins.com’ discretion, but is not obligated to do so, monitor or record your telephone conversations with CJMcoins.com for quality control and CJMcoins.com’ protection.
22. You understand CJMcoins.com employees may from time to time discuss the general direction of coins, silver or gold markets, but neither CJMcoins.com nor its representatives can guarantee or predict any market movement.
23. You understand CJMcoins.com does not offer advice on the tax treatment of purchasing, selling or trading bullion or coins. You understand you must consult with your tax advisor regarding such matters.
24. When you provide a check as payment, you authorize us to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.
25. You authorize representatives from CJMcoins.com to contact you via phone, text or email to discuss items of interest.
26. Market Loss Policy. When you make a bullion purchase through our online store, you have entered into a binding contract for the purchase at the agreed upon price. If you choose to cancel the transaction or default on payment or if you default on any other act required of you, you agree that you have full responsibility to CJMcoins.com for any Market Loss plus a $30 cancellation fee. You will also be fully responsible and liable to CJMcoins.com for any and all fees or costs associated with collecting from you. Any market gain shall belong to the company. All pending or future orders shall be held for shipment until all cancellation fees and Market Loss amounts are fully paid.
27. Payments for transactions are due no later than three (3) business days from the date the order is placed online. (Example 1, order Placed on Monday, payment is due no later than the following Thursday; Example 2, order placed on Friday, payment is due no later than the following Wednesday.)
28. When you choose to pay for an online purchase by using a personal check, we require a credit card on file to enforce our Market Loss Policy, cancellation fee and to verify your identity.
29. Bullion and Special-Order Cancellation Policy. The seventy-two (72) hour refund policy does not apply to bullion or special orders. On bullion or special orders, all prices are locked in at the time of purchase on the online store and upon receipt of good funds for phone orders. If you choose to cancel a purchase of bullion or special-order products, you must do so by contacting us via phone at (817) 361-7603 during regular business hours. Cancellation of an order cannot be accomplished without speaking to a manager. You may not cancel an order by leaving a message with the answering service or voicemail. All cancelled bullion or special-order transactions are subject to our Market Loss Policy plus a $30 cancellation fee. When you speak to the manager regarding the cancellation, any market loss will be calculated and added to the $30 cancellation fee. The cancellation fee and any market loss will be charged to your credit card. Any market gain on cancelled orders shall belong to the company.
30. When you choose to pay for an online purchase by using wire transfer, we require a credit card on file to enforce our Market Loss Policy, cancellation fee and to verify your identity.
31. Force Majeure. If CJMcoins.com is unable to perform any obligation hereunder as a result of any event beyond its control, CJMcoins.com’ delay or failure to perform such obligation shall be excused and CJMcoins.com shall not be liable for any damages as a result of such delay or failure to perform.
32. You shall hold the existence and terms of all your transactions with CJMcoins.com, including, without limitation, the existence of any disagreement or dispute and the existence and terms of any resolution thereof in the strictest confidence and you shall not disclose or publish on the internet or elsewhere, any such information to any person or entity without written consent of CJMcoins.com, or an order by a court of competent jurisdiction. If you become aware you may be required to make a disclosure, you shall promptly notify CJMcoins.com in writing and shall cooperate in good faith with CJMcoins.com in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.
33. Severability. This COIN TRANSACTION/WEBSITE USER AGREEMENT is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement.
34. Amendment. CJMcoins.com may amend this Agreement at any time by posting the amended terms on the website. Except as otherwise provided in this Agreement, the amended terms will become automatically effective thirty (30) days after their initial posting on the website. You acknowledge and agree that it is your responsibility to review the Website and this COIN TRANSACTION/WEBSITE USER AGREEMENT periodically, and to be aware of any modifications. Your continued use of this Website and/or your continued use of any services provided by CJMcoins.com after such modifications will constitute your acknowledgement of the Modified COIN TRANSACTION/WEBSITE USER AGREEMENT and your agreement to abide and be bound by the Modified COIN TRANSACTION/WEBSITE USER AGREEMENT. This Agreement may not be otherwise amended except by written agreement between CJMcoins.com and you.