USER AGREEMENT
User’s Acknowledgment and Acceptance of Terms and Conditions
Presston Mint (“Presston”) provides the website www.PresstonMint.com (the “Website”) and other services, including services offered on the Website and services not available directly from the Website, subject to Your compliance with and Your agreement to all the terms, conditions, and notices contained or referenced herein (the “User Agreement”), as well as any other written agreement between Presston and You or Your company. The terms “You” and “Your” as used herein refer to the visitor to the Website and/or any person or entity who uses Presston’s services. These terms and conditions apply to all orders, purchases, and sales, whether made through the Website, by telephone, or otherwise. In addition, when using particular services or materials on this Website, You shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.
Before You place any orders to purchase from and/or sell to Presston, You must read and accept all of the terms in this User Agreement. Your use of this Website and/or Your placement of any order to purchase from and/or sell to Presston, whether through the Website or otherwise, constitutes a representation by You that You have read this User Agreement and agree to bound by the terms and conditions contained herein.
This User Agreement is effective as of November 23, 2009 for all existing customers and all existing users of this Website, and will be effective upon acceptance, as set forth above, for all new customers and all new users of this Website or Presston’s services. Presston reserves the right to change the terms and conditions of this User Agreement from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review the Website and this 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 Presston after such modifications will constitute Your acknowledgement of the modified User Agreement and Your agreement to abide and be bound by the modified User Agreement.
As used in this User Agreement, references to our “Affiliates” include our owners, subsidiaries, parent companies, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.
Risks and User Representations
Investing involves risks and may not be suitable for everyone. You are urged to consult with your own financial advisors before making any investment decision. The value of coins and/or precious Mint is affected by many factors, including, but not limited to, the market price of precious Mint and the perceived rarity of certain coins. Since all investments, including coins and precious Mint, can decline in value, investing in coins and/or precious Mint often involves a degree of risk that makes them unsuitable for certain individuals. Presston makes no recommendations, projections, representations, or guarantees with respect to the future price of any coin or precious metal.
By purchasing from, making sales to, or ordering from Presston, You represent and warrant to Presston that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Presston. You expressly acknowledge that You are making all of Your own decisions in connection with purchases and/or sales, and that Presston is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that You are subject to a variety of risks, which risks are beyond the control of Presston, and You expressly acknowledge that Presston is not liable or responsible for those risks, for which You have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of coins and precious Mint. You further acknowledge and understand that, under certain market or other conditions, You may not be able to liquidate the purchased products and/or that You may not be able to liquidate the purchased products at prices acceptable to You.
Disclaimer of Warranties
Presston makes no warranty whatsoever and makes no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and any materials or services provided by or through the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied.
This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any informational materials through this Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Order Entry Risk – Disclaimer and Limitation of Liability
Presston disclaims any liability or responsibility for orders placed through the Presston online order entry system, including, but not limited to, any loss or damage, whether direct, indirect, consequential, or incidental, that You or any third-party may suffer or incur as a result of the use of the Presston online order entry system, whether such loss or damage is caused by the Presston online order entry system or otherwise. Further, Presston disclaims any liability or responsibility for the interruption, cancellation, or other termination of the Presston online order entry system.
All orders placed through the Presston online order entry system are taken on a best efforts basis. Presston shall not be responsible for errors, negligence, or inability to execute such orders. Further, You understand and agree that the services available on this Website are provided “AS IS” and that Presston shall not be responsible for any delays in the transmission, delivery, mis-delivery, deletion, or execution of customer’s orders, due to failure of transmission, or breakdown or failure of communication facilities, or due to any other cause beyond Presston’s reasonable control.
Indemnification
You shall indemnify and hold harmless Presston and its affiliates, subsidiaries, parent companies, directors, officers, managers, and members from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys’ fees that Presston and/or You may incur as a result of, or in connection with any breach of any representation or warranty made by You to Presston, or Your failure to comply with this User Agreement or any policy adopted by Presston.
Market Loss Policy
When purchasing from Presston, once Your order is confirmed with a confirmation number, the price for the product(s) included in Your confirmed order (the “Confirmed Purchase Price”) is established for You. You cannot cancel the confirmed order. At any time before Your confirmed order has been shipped, however, the Confirmed Purchase Price may be offset (product sold back to Presston) at Presston’s lowest bid price on the day that Presston receives Your written request for such an offsetting transaction (the “Offset Amount”). An email from the email address in your account information will be accepted as a written request. If payment in full for Your confirmed order is not postmarked within 1 business day after Your order is confirmed for Personal Check, Cashier’s Check, or Money Order transactions, or received within 1 business day after Your order is confirmed for Bank Wire transactions, Your confirmed order may be offset and the Offset Amount will be determined as of the last day upon which payment would have been timely. If the Offset Amount is less than the Confirmed Purchase Price, such deficiency is your responsibility, and You shall remain liable to Presston for that amount. For any offsetting transaction, a $35 administrative fee will be charged to You and Presston shall have no liability to You for the product(s) included in Your confirmed order. Any market gain on any offsetting transactions shall remain the sole property of Presston.
When selling to Presston, once Your sell offer is confirmed with a confirmation number, the price for the product(s) included in Your confirmed sell (the “Confirmed Sell Price”) is established for You, and You cannot cancel the confirmed sell. If Presston does not receive from You a tracking number for the shipment of the product(s) within I business day after the sell is confirmed, the Confirmed Sell Price may be offset (product repurchased by You) at Presston’s highest buy price on the first business day following the day Your sell offer was confirmed (the “Offset Repurchase Price”). If the Offset Repurchase Price is greater than the Confirmed Sell Price, You shall be liable to Presston for the difference. For any offsetting transaction, a $35 administrative fee will be charged to You. Any market gain on any offsetting transaction shall remain the sole property of Presston.
In addition to those rights and remedies available to Presston under this User Agreement and/or otherwise, if, at any time, You fail to comply with any term of this User Agreement, Presston may cancel any pending order from You, whether such pending order be for a purchase or sell order and whether confirmed or not. In the event that Presston chooses to cancel an order from You, Your exclusive remedy and Presston’s entire liability, if any, in connection with such cancellation is, in the case of a purchase order, a refund of the amount that You paid in the transaction, if any, or (2) in the case of a sell order, return of the items received by Presston that were included in the transaction, if any