Terms and Conditions for MistyMountainCoins.com
Recitals and Conditions of Use
Thank you for choosing MistyMountainCoins.com. MistyMountainCoins.com provides its services to you subject to the following conditions. Please read them carefully. MistyMountainCoins.com (the “Website”) is a website operated by Misty Mountain Marketing LLC (the “Company”) for trading in coins, metals, and like collectibles. By accessing and viewing the Website, you (the “Customer”) are accepting the Terms and Conditions herein.
Intellectual Property, License, and Site Access
Unless otherwise specified, the Website and the Company own the copyright in information, content, and materials included on the Website or otherwise made available through the Website copyright.
Various marks used throughout the Website are protected as trademarks, including MISTY MOUNTAIN COINS and the composite mark for MISTY MOUNTAIN COINS including snowcapped mountains. These marks may or may not be identified with a TM or ® symbol on the Website. The absence of either of these symbols is not an indication that the mark is not claimed as a trademark, and the Company may claim rights in marks which do not carry these symbols.
The Website grants the Customer a limited license to access and make personal use of the Website and not to copy or modify any portion of it. The limited license does not include the right to resell, use commercially, data mine, or collect or extract information through other similar data gathering methods. No portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The Customer may not use meta tags or other hidden text using the Website’s name, the Company’s name, or any trademarks of the Website or Company. Any unauthorized use of the Website terminates this limited license. The Customer is granted a limited, nonexclusive, revocable right to link to the Website, as long as the link does not portray the Website or the Company in a false, misleading, or derogatory manner. The right to link does not include the right to use any of the trademarks of the Website or the Company.
Electronic Communications, Comments, Reviews, and Other Content
When the Customer accesses the Website, places an order through the Website, or sends an e-mail to the Website or the Company, the Customer is communicating to the Website and the Company electronically. The Customer consents to receive communications from the Website and the Company electronically. The Website will communicate with the Customer by e-mail; one of several email address may be used depending on the reason for communication. The Customer agrees that all agreements, notices, disclosures, and other communications that the Website and the Company provide to the Customer electronically satisfy any legal requirement that such communications be in writing.
Web pages which are linked to from the Website are not monitored and cannot be controlled. Opinions appearing on such web pages are those of the respective owners and cannot be attributed to the Website or the Company. The Website and the Company make no representations or warranties of any kind, express or implied, as to the information, content, materials, products, or services included on web pages which are linked to from the Website. The Website, the Company, and its suppliers will not be liable for any damages of any kind arising from the use of links from the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The Customer expressly agrees that its use of links to web pages from the Website is at the Customer’s sole risk, and the Customer is encouraged to read and follow the terms and conditions on such other web pages.
Risk of Loss
The risk of loss and title for items purchased passes to the Customer upon delivery from the Company to the carrier. Neither the Website nor the Company bear a risk of loss on items once delivered to the carrier.
Payment, Pricing, Returns, and Refunds
The price displayed for an item on the Website, unless otherwise noted, is the full retail price of the item, as estimated in accordance with standard industry practice and the prevailing market. The Website accepts all major credit cards and debit cards. ACH check and wire transfers are also acceptable as methods of payment. The Website and the Company do not offer lines of credit or other credit terms. The Company strives to ship items soon after ordering; however, from time to time, delays are inevitable. If delivery will be delayed, the Company will attempt to notify the Customer of the anticipated delay and reason for the delay. The Company maintains ownership of all items until an item is paid for in full. Checks returned for insufficient funds will incur a service charge of USD $25.00. If a second check is returned for insufficient funds, the Company may terminate the transaction and demand cash payment in that transaction and future transactions.
The Website, the Company, and the Customer each have the right to terminate any order prior to shipping for any reason. In the event that an item is oversold, the Website and the Company have the right to terminate the order at any time. The Company will ship only to the billing address provided with the order. The Company reserves the right to verify the billing address and delay shipment as necessary to verify the address. Full refunds will be issued to the Customer for amounts paid on orders which are terminated prior to shipping.
Returns may be made except as otherwise specified. Items returned must be received by the Company within 30 days of receipt and in the same condition and quality as shipped. Refunds made on returns will be full refunds less any shipping and handling. Bullion sales are final, non-returnable, and non-refundable.
Item and Product Descriptions
The Website and the Company strive to be as accurate as possible. In describing the items and products on the Website, inaccuracies and omissions may occur, and the Website and the Company do not warrant that item and product descriptions are accurate, complete, reliable, current, or error-free.
Limitation of Liability and Disclaimer of Warranties
The Website and the information, content, materials, products, and services included on the Website or otherwise made available through the Website are provided on an “as is” and “as available” basis, unless otherwise specified. The Website and the Company make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on the Website or otherwise made available through the Website, or as to any links from the Website or content appearing on web pages linked to from the Website, including inaccuracies or omissions in information. The Customer expressly agrees that its use of the Website is at the Customer’s sole risk.
To the fullest extent permissible by applicable law, the Website and its suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Website and its suppliers do not warrant the Website, information, content, materials, products, and services included on the Website or otherwise made available through the Website, or e-mail sent from the Website are free of viruses or other harmful items. The Website, the Company, and its suppliers will not be liable for any damages of any kind arising from the use of the Website or from the information, content, materials, products, or services included on the Website or otherwise made available through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to the Customer, some or all of the above disclaimers, exclusions, or limitations may not apply to the Customer, and the Customer may have additional rights.
By accessing the Website, the Customer agrees that the laws of the state of Arizona will govern these Terms and Conditions.
Disputes not resolved by agreement of the parties arising out of these Terms and Conditions will be submitted to binding arbitration in metropolitan Phoenix, Arizona in the United States of America, before a single arbitrator or, if the parties cannot agree upon a single arbitrator, before a panel of three arbitrators, one selected by each party (within 10 days after notice of a dispute and failure to agree upon a single arbitrator) and a third arbitrator selected by the selected two arbitrators. The selection of arbitrators and all arbitration proceedings will be in accordance with the rules of the American Arbitration Association, as amended to the date of the proceedings, and judgment upon the award may be entered in any court having jurisdiction. The arbitrators must render a decision within 30 days after their appointment and may award the costs of arbitration as they see fit. In any proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and other expenses incurred in connection with such proceeding.
Site Policies, Modification, and Severability
The Website and the Company reserve the right to change these Terms and Conditions, and other policies, at any time. The Customer’s continued use of the Website will act as consent to the changes to the Terms and Conditions. If any section of these Terms and Conditions is deemed invalid or unreasonable by a court or arbitrator, such section shall be severable from the remainder of these Terms and Conditions, which shall be enforced according to its terms irrespective of the enforceability of the invalid or unreasonable section, provided such enforcement is consistent with the general intent of the parties as evidenced by these Terms and Conditions as a whole.