By using www.GoldenStateMint.com, and other services provided by Golden State Mint LLC (hereinafter referred to as GSM, or the Website), which includes making purchases from GSM, making sales to GSM and placing orders with GSM, you are agreeing to the following Terms and Conditions. THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH GSM. GSM STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE. These Terms and Conditions are a legally binding agreement made by, and between, Golden State Mint LLC and you, personally, and if applicable, on behalf of the entity for whom you are using the Website. 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.
If there are delays providing any documentation requested, the order will be delayed past the estimated processing and shipping time listed on each individual product. If you refuse to provide the documentation requested, or fail to cooperate with the verification process, you will have the ability to send a bank wire transfer within 36 hours for the order. The bank wire must be initiated within 36 hours after receiving the approval/email from GSM. If you refuse to send the bank wire, the order will be canceled and the applicable cancellation fees will apply. In addition, our security department performs routine calls to processing companies to verify charges. Most of the time, a conference call is not required to complete the verification. If a conference call is required to verify the charge, you must cooperate until the verification process is complete. If the charge is not verified and the bank wire payment not sent, the order will be canceled and all applicable cancellation fees applied.
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 we gather from you 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 control. Please carefully review our Privacy Policy regarding personal information which is provided by you, and 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 GSM, whether by telephone, through the Website 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.
Please direct any legal questions to:
Attn: Legal Dept.
GSM, PO Box 953099 Lake Mary, FL 32795-3099
800-320-8260
sales@goldenstatemint.com
1. Purchase, Sales, and Order Policies and Procedures
Copper, Silver & or Gold
There is no minimum purchase amount for Copper, Silver &/or Gold.
Free Shipping & Insurance Included on orders $199 and over!
You may mix & match products for the $199 cumulative total.
Due to the nature of the precious metals markets, all payments must be made within the minimum days required for that payment type. All orders are non-cancellable.
Once an order is placed with Golden State Mint, you have entered into a legally binding agreement. Once your order is confirmed with a confirmation number, you cannot cancel the confirmed order. However, at any time before your confirmed order has been shipped, you may offset your confirmed order. Doing so will make you subject to Golden State Mint’s Market Loss Policy
Photos of products are a representation of the item you will receive and may or may not be the actual item you will receive. Please use the photos as an indicator of the general quality of the item you will receive, and review the product page for any additional details regarding the condition of the item.
You may make purchases, sell to, and order from GSM only in accordance with these Terms and Conditions and accompanying policies and procedures. Upon placing an order to purchase or sell with GSM, you have entered into a binding and legally enforceable agreement. Prices, availability, designs, and specifications 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 confirmation number" will subsequently be forwarded to you via email. In order to reserve your guaranteed price, your payment must be received by GSM within two (2) days for bank wire orders. Payment for all check orders must be received within ten (10) days. If a check payment is not received in its entirety within ten (10) calendar days of the original order, our market loss policy cancellation fee will be assessed. GSM does not accept Cash on Delivery orders.
A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame.
If any order is in error, due to GSM's fault or otherwise, we reserve the right to cancel the order. When selling to GSM the price is guaranteed. As a general policy, the transaction may not be canceled but may be offset at GSM's current purchase price. Sales to GSM must be shipped within one (1) business day and you must contact GSM via email at sales@goldenstatemint.com or telephone at 800-320-8260 to provide a tracking number so that we can confirm that the product is en route. All products must be received by GSM within five (5) business days, else the customer will be charged any Market Losses as well as a $35 cancellation fee. If GSM does not receive the product within five (5) business days but the delay is attributable to the carrier, GSM 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 GSM, in the event of any failure by you to comply with these Terms and Conditions, GSM 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 fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. 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 banks or processing company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
2. Payment Options
Payment options available are:
1. Mail Check - Please MAIL a CHECK with the following information:
- Payable to "Golden State Mint" *
- Invoice or Order Number **
Further instruction including mailing address and the order ID will be provided at the time of order. Be aware that one we receive your check the 6-10 business days processing time still applies before the bank clears your funds for payment. Please assure that your funds are available and in place before proceeding with your order. If in doubt, please contact your bank for verification prior to proceeding with your transaction. If funds are not available for immediate withdrawal, you will be subject to paying a $20.00 bank fee. We do not accept payments at a later date, and post-dating is not a possibility.
2. Bank Wire- Only accepted for orders of $1,000.00 or greater. Orders of less than $1,000.00 are not eligible for payment via bank wire due to the bank fees incurred. Bank wire payments MUST be received within two business days of order placement. Bank wire instructions/ directions will be supplied as necessary. A credit/ debit card authorization of 5% of the order total will be required to verify good funds on your credit/ debit card. Please assure your card being processed is sufficiently funded prior to order submission. This authorization will be held for 2 business days to allow you time to complete your bank wire payment. Please remember to record your order number in the notes or memo area on the wire form.
If the bank wire is received within 2 business days, the card authorization will be cancelled. If not received within 2 business days, we reserve the right to process the credit/ debit card without a refund. All orders that are not paid within this time-frame will be cancelled and cancellation fees/ market losses will be billed to your credit/ debit card without exception. After your bank has sent the wire, funds are available to us the next business day.
Bank Wire Payment Instructions
GSM will issue bank wire payment instructions to you during the ordering process and via email following completion of your order. Complete bank wire instructions and policies can be found on the Payment Methods page (click here).
3. Credit Cards- Only available for orders of $25,000.00 or less. Accepted cards include Visa & MasterCard. There will be a minimum processing time of 1 business day after your payment has been received and verified. Credit/ debit card orders MUST ship to a matching billing address due to risk of fraud. To place a credit/ debit card order, simply add the desired products to your shopping cart, and select “Credit Card” as your payment method.
4. PayPal, Google Pay & Apple Pay- Only available for orders of $25,000.00 or less. There will be a minimum processing time of 1 business day after your payment has been received and verified. To place a PayPal order, simply add the desired products to your shopping cart, and select “PayPal” as your payment method.
5. Secure Online Payments- Only available for orders of $40,000.00 or less. There will be a minimum processing time of 1 business day after your payment has been received and verified. To place a PayPal order, simply add the desired products to your shopping cart, and select “Secure Online Paymentl” as your payment method.
3. Cancellation Policy
All orders are non-cancellable.
Once an order is placed with Golden State Mint, you have entered into a legally binding agreement. Once your order is confirmed with a confirmation number, you cannot cancel the confirmed order. However, at any time before your confirmed order has been shipped, you may offset your confirmed order. Doing so will make you subject to Golden State Mint’s Market Loss Policy.
It is not our intention to enter into buying and/or selling transactions, accepting the risks involved, only to have them cancelled. Once we have issued a confirmation number, all prices are locked-in whether buying from us or selling to us and may only be offset according to our Market Loss Policy. However, we realize rare situations happen where customers request that orders be cancelled. A cancelled order is one where the product has not yet been shipped. All order cancellation and/or offset requests must be made only by phone during normal business hours, Monday-Friday, 8:30 AM to 5:00 PM Eastern Time. GSM reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order. Cancellations may only be approved over the telephone, at which time GSM shall provide you with a cancellation number. All customer cancellations are subject to our Market Loss Policy which will be calculated and added to a $35.00 cancellation fee. No future orders may be permitted until any market loss is paid in full. Any market gain on cancellations shall remain the property of GSM. GSM may invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. GSM reserves the right to refuse or cancel an order regardless of payment method or price confirmation when GSM deems the order to be questionable or suspicious, to be a significant credit risk, when the confirmed price is incorrect or outside the usual and customary industry market prices, when a price is incorrect due to computer-related problems, and/or when GSM does not receive payment within the allotted timeframe.
GSM is not responsible for erroneous 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. GSM will contact you directly to notify of cancellation.
4. Return Policy
We want you to be happy with your purchase so we provide all our retail customers with a refund, return and/or exchange policy on everything we sell including all bullion and certified coins unless previously specified on an item page. This right is limited to three (3) days from the date on which the customer receives their items. Bullion related items are subject to our Market Loss Policy. For an item to be refunded, returned and/or exchanged a customer must:
- 1.) Notify our Customer Service Department by telephone during normal business hours of 8:30 – 5:00 EST at 800-320-8260 within three (3) days from the date on which the customer receives their item
- 2) The item is only returnable if it is in its original packaging in resalable condition (e.g. Coins in paper rolls must still be unopened, etc.)
- 3) A Returned Merchandise Authorization Number (RMA#) must be obtained from the Customer Service Department who will also give you instructions on how to return your item
Original shipping and handling charges are non-refundable. For returns, you must carefully package the product and you are responsible for the cost of return shipping. We strongly suggest high value items be returned to us with a signature required on receipt. GSM reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.
We do charge a 5% restocking fee on all orders returned. If an exchange is requested, we reserve the right to find a mutually acceptable replacement or give you a refund according to our refund policy guidelines.
On returning bullion related items, the customer may (at GSM's discretion) be required to pay for any market loss on the returned items (Market Loss Policy). Once your return is received if any market loss to GSM has occurred it will be calculated. You will not be charged the $35.00 cancellation fee to return an item or items. If applicable, we will deduct any market loss from the amount to be refunded to you. At our discretion, we may invoice you and allow thirty days to pay the market loss in full. No future orders may be permitted until all market loss charges are paid. Any market gain on cancellations or refunds shall remain the property of GSM.
5. GSM Market Loss Policy
Market Loss Policy - When transacting with GSM, once we have issued a confirmation number, all prices are locked-in whether buying from us or selling to us and may only be offset at the prevailing BQS High Bid Retail Price. Any deficit between the price at which we sold to you (or bought from you) and the offsetting BQS price and/or prices, is your responsibility if those items are cancelled or returned. Any market gain on cancellations shall remain the property of GSM. All cancelled transactions or items returned are subject to this Market Loss Policy. That is our Market Loss Policy.
Cancellations are subject to an additional $35.00 cancellation fee. No future orders may be permitted until any market loss is paid in full.
6. Shipment
All orders (with the exception of orders including MiniMintage items) typically ship within 1-10 business days of receipt of cleared funds. In times of heavy demand, fulfillment times may be slightly longer. We are a mint and manufacture nearly all items on the website with the exception of sovereign mint products and few others. We have the metal in house, your order is locked-in and guaranteed. You will be notified by email as soon as your package(s) ships. The email will include a tracking number(s), and from that point on you can follow the package’s location, progress, estimated delivery date, and shipping notifications.
If you do not receive your shipment within 10 days after receiving the shipped email with the tracking number in it you should contact Golden State Mint.
Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package may require a signature upon delivery depending on the shipping options selected. GSM 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, GSM assumes responsibility to pursue any claim with the insurance company. If you do not receive your shipment within 10 days after receiving the shipped email with the tracking number in it you should contact Golden State Mint. If we determine the package is lost or damaged, we will file a claim. Once the claim is settled, we reserve the right to re-ship your items or refund your money at our discretion. Please note that GSM will not be responsible for reimbursements or insurance claims on packages that the carrier deems successfully delivered. Our liability and insurance ceases without exception, the moment the package is signed for or left at the specified delivery address. Golden State Mint takes no responsibility for incorrect shipping addresses .It is the customer’s responsibility to ensure they have correctly entered in all shipping information, and as such, any incorrectly shipped packages will result in the customer paying the extra shipping fees that may be incurred.
International Buyers - Please Note:
Import duties, taxes, and charges are not included in the item price or shipping price. These charges are your responsibility. Please check with your country's customs office to determine what these additional costs will be.
7. Export Compliance
Each product that GSM 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.
8. Termination
Either GSM 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 GSM or you with respect to the period prior to the date of termination.
9. 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 GSM. You, and not GSM, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at your desired 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 GSM that you have sufficient experience and knowledge to make informed financial decisions and that GSM is not making any recommendation with respect to such purchases and/or such sales.
10. Disclaimer of Warranties
GSM PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. GSM 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. GSM 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.
Disclaimer of Forward Looking Statements: THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT GSM'S 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 GSM'S 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, GSM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED 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.
11. Limitation of Liability
GSM SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE GSM ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE GSM ONLINE ORDER ENTRY SYST-EM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. GSM SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, GSM SHALL NOT BE - 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 GSM'S REASONABLE CONTROL. GSM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE GSM ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
12. Indemnity and Release
You agree to defend, indemnify and hold GSM 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 to GSM, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, GSM 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 GSM's consent. You are hereby agreeing to release the GSM 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.
13. Relationship
The sole relationship between you and GSM is that of purchaser-seller. No other relationship, expressed or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
14. No Waiver
Upon your failure to comply with your duties and obligations to GSM, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of GSM 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 GSM 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 GSM the right to charge you for any and all market losses incurred by GSM, including, without limitation, cancellation fees for accepting your orders to either buy from or sell to GSM as a result of price and market fluctuations for which you did not fulfill.
A decision or a failure by GSM to take action with respect to any non-compliance by you of your obligations to GSM or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of GSM with respect to any other non-compliance by you, and does not waive or limit GSM’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
15. No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of GSM. Such consent may be granted or withheld by GSM 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 GSM.
16. Force Majeure
You acknowledge and understand that if GSM and/or the Website are unable to provide the products and/or services as a result of a force majeure event, GSM 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 GSM and/or the Website. GSM 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.
17. 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 GSM 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.
18. 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 GSM 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 Orlando, FL 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, GSM will have the right to seek injunctive or other equitable relief in state or federal court located in Orlando, FL 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 FL, 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, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that GSM 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 GSM, 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 GSM to carry out these Terms and Conditions.
19. 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.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and GSM and governs your use of the Website, superseding any prior agreements.
21. 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.
22. 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.
23. Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information to you. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, GSM shall have the right, at our sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. We will either contact you for instructions or cancel your Sales Order or Purchase Order and notify you of such cancellation. Prices, availability, designs and specifications are subject to change without notice. If a refund is provided or there is any delay in sending you your Products or your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
24. Security
GSM takes security very seriously. Our security measures protect the loss, misuse and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to GSM. Furthermore all of the customer data we collect is protected against unauthorized access. See our Privacy Policy for additional information.
25. Section Headings
The section headings are included for ease of reference and do not affect the interpretation or the scope of the User Agreement.
26. Translation
Any translation offered by us or by others for your convenience or any other reason will not change the meaning of these terms. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
27. Amendment
GSM may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately. We will use commercially reasonable efforts to notify you of any change in the manner provided by these Terms. However, if you do not receive such notification regardless of cause, all effects and changes are effective immediately and your usage of our services and offerings are bound to the terms in full.
The Golden State Mint Privacy Policy Terms can be located at the following link: https://www.goldenstatemint.com/golden-state-mint-privacy-policy.html
