The following terms and conditions form an Agreement between you (“Customer”) and Meridian Coin, Inc., and its parents, subsidiaries, affiliates, directors, agents and employees (“Meridian”) in connection with the sale to Customer of tangible, physical precious metals, antiques and numismatic products (“Product”) directly from Meridian or any website operated by Meridian (“Website”). This Agreement may change from time to time without notice and it is Customer’s responsibility to check for updates. Customer acknowledges and agrees to the following:
MERIDIAN IS NOT AN INVESTMENT ADVISOR, CONSULTANCY, BANKING INSTITUTION, CFA/CFP AND IS NOT REGULATED BY THE SEC, CFTC, OR NFA. INVESTMENTS IN PRECIOUS METALS, ANTIQUES AND NUMISMATICS INVOLVE RISK AS WELL AS OPPORTUNITY. HISTORICALLY, THERE HAVE BEEN PERIODS OF VARYING LENGTH DURING WHICH PRICES OF PRECIOUS METALS, ANTIQUES AND NUMISMATICS HAVE MOVED ADVERSELY. MARKET PRICES ARE VOLATILE AND UNPREDICTABLE AND MAY BE AFFECTED BY A VARIETY OF FACTORS INCLUDING, AMONG OTHERS, GENERAL ECONOMIC CONDITIONS, POLITICAL EVENTS, MONETARY POLICIES OF VARIOUS COUNTRIES, FLUCTUATIONS IN PRODUCTION AND DEMAND, STOCKPILES, SPECULATIVE ACTIVITY AND THE DEGREE OF CONCERN PEOPLE HAVE ABOUT THESE MATTERS. IT IS IMPOSSIBLE TO FORECAST ACCURATELY HOW OR TO WHAT DEGREE THESE OR OTHER FACTORS WILL AFFECT PRICES. INVESTMENTS IN PRECIOUS METALS, ANTIQUES AND NUMISMATICS SHOULD ONLY BE MADE WITH DISCRETIONARY FUNDS AND NOT WITH MONIES NECESSARY TO COVER OR PRODUCE AN INVESTOR’S DAY-TO-DAY LIVING EXPENSES. WHAT IS SUITABLE FOR ONE CUSTOMER WITH A GIVEN FINANCIAL MEANS MAY NOT BE SUITABLE FOR THE INVESTMENT GOALS OR EMOTIONAL MAKEUP OF A SECOND CUSTOMER OF THE SAME MEANS. BEFORE YOU CHOOSE TO INVEST, YOU MUST DETERMINE IN YOUR OWN MIND YOUR ABILITY TO UNDERSTAND THE INVESTMENT IN PRECIOUS METALS, ANTIQUES AND NUMISMATICS AND TO MEET ALL FINANCIAL COMMITMENTS TO BE MADE, PURSUANT TO THIS AGREEMENT. PERSONS WITH LIMITED INVESTMENT EXPERIENCE OR LOW INCOMES OR ASSETS SHOULD BE PARTICULARLY SENSITIVE TO THE RISK AND REQUIREMENTS INVOLVED IN INVESTING IN PRECIOUS METALS, ANTIQUES AND NUMISMATICS.
Restrictions on Use. Meridian grants you a limited non-exclusive, non-transferable, revocable license to use, display on your computer, download and print short extracts of the Information of the Website for your own personal and non-commercial purposes only, provided that (a) you do not modify any of the Information, (b) you do not download any of the Information for use in third party programs, (c) all copyright and other proprietary notices of Meridian are retained, (d) you abide by this Agreement, and (d) you do not make the information available to third parties. No other use of the Information is permitted. Without limiting the generality of the foregoing, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivative works from, transfer or sell any of the Information, use any of the Information for any commercial purpose, or for any public display (commercial or non-commercial), include any of the Information or reference thereto in or with any information, product or service that you create, distribute or provide, copy or transfer any of the Information onto your own web site or any other web site or server. Meridian retains the right to terminate at any time, and without cause, access to our services.
Customer Purchases. Customer must be at least eighteen (18) years of age in order to conduct business with Meridian. Product may be purchased directly from Meridian through its physical retail locations or Website, and the purchase price will be the quoted or listed price. Due to volatility and fluctuations in the marketplace, until Customer’s purchase price is confirmed by Meridian, Meridian reserves the right to adjust prices from any quoted or listed price. At the time of confirmation of a purchase, Customer will be advised of the full amount due, including shipping costs. The amount due is immediately payable to Meridian upon confirmation of Customer’s purchase, or will become payable according to a credit payment plan upon Meridian’s sole discretionary approval. Checks are held until verification of funds by Customer’s bank, and no Product will be delivered to Customer until funds are verified. Customer will pay all obligations owing under this Agreement in the currency of the United States of America. Meridian does not give up any rights under this Agreement if Meridian accepts a payment marked “payment in full” or given with any other conditions or limitations. Meridian is not responsible for any changes or price fluctuations in the Product marketplace after the purchase is completed.
Returns and Exchanges. All Product sales are final except in rare circumstances in the sole discretion of Meridian. To qualify for a return or exchange, the Product must be returned to Meridian within three (3) days in its original condition, with original receipt, all packing material, and the original Product holder must not have been opened. Meridian reserves the right to reject a return or exchange. Customer shall be responsible for a restocking fee of seven percent (7%) of the purchase price of the Product, which will be deducted from the amount refunded to Customer by Meridian or credited to Customer for an exchanged Product.
Dispute of Authenticity. Customer has ten (10) days from receipt of the Product to return the Product to Meridian in a dispute over authenticity. All Product must be returned in its original condition, and the original holder must not have been opened. Meridian will at its election either (a) refund Customer’s purchase price of the Product and shipping costs, or (b) submit the Product in question to an independent authenticator for determination if the Product is genuine or not. If the Product is deemed genuine, Customer will be responsible for all costs associated with grading and shipping, plus a seven percent (7%) authentication fee, and Meridian will ship the Product back to Customer. If the Product is deemed to not be genuine, Meridian will refund Customer’s purchase price of the Product and shipping costs.
Credit and Charges. Meridian may in its sole discretion provide Customer with a credit payment plan for the purchase of Product, however, in no event will Meridian provide credit on bullion transactions. All bullion transactions are cash sales only. Customer agrees that to the extent that any finance or other charges imposed by Meridian are held to be in excess of those allowable under any law, such charges will be reduced to the legal maximum.
Consumer Report Authorization. Customer authorizes Meridian to obtain consumer reports and/or investigative consumer reports about Customer for credit investigative purposes. Customer understands that these reports might include, but are not limited to, a search of criminal background, prior employment, educational background, reference checks, driving record checks, and verification of identification and Social Security Number.
Default. Customer will be in default upon failure to pay any amount currently due, including without limitation, payments, fees or taxes, upon failure to abide by the terms of this Agreement, or upon bankruptcy or insolvency. Upon default by Customer, Meridian will be relieved of all obligations hereunder and Meridian may, at its sole election, (a) declare any or all of Customer’s obligations immediately due and payable, (b) take legal action to collect amounts owed and Customer will be responsible for court costs and reasonable attorney’s fees, (c) recover from Customer as liquidated damages the difference between the purchase price agreed to by Customer and Meridian’s cover price at market for the Product at the time of default, plus Meridian’s buy and sell charges, a five percent (5%) penalty fee, and reasonable attorney’s fees, if necessary, (d) take any other action allowed by this Agreement, and/or (e) take any other action allowed by California law. Customer will in no event be entitled to any market gains on a transaction on which Customer is in default.
Title and Security Interest. Legal title to Product purchased by Customer will pass to Customer upon delivery to Customer, or Customer’s appointed agent or designee, provided that Meridian has received full payment for the Product. All Product remains the property of Meridian until paid in full. In the event that Meridian has extended credit to Customer, legal title to Product will remain solely with Meridian until Meridian’s receipt of full payment for the Product and all associated financing charges. Customer hereby grants Meridian a first priority lien and security interest as security for the performance of all of Customer’s obligations under this Agreement, whether now existing or hereafter incurred, in the course of Customer’s dealings with Meridian, in each and every Product purchased by Customer from or through Meridian and in all other sums, property and rights Customer may have under this Agreement, whether individually or jointly held, at any time standing to Customer’s credit on Meridian’s books or at any time in Meridian’s possession. Upon default under this Agreement, Meridian will have, in addition to all other rights and remedies under this Agreement, all rights and remedies of a secured Party under California law.
Delivery to Customer. Upon receipt of funds or other acceptable consideration from Customer or on Customer’s behalf in full payment for the purchase of Product, Meridian will, as agreed, either deliver the Product to Customer, or Customer’s appointed agent or designee. In the absence of other instructions, Meridian will ship to the current address as provided by Customer. Any change in address or delivery instructions of any kind must be provided to Meridian in advance of the applicable transaction. Customer agrees to the additional shipping fees for changed and returned orders. Customers receiving Product from Meridian agree to indemnify, defend and hold Meridian harmless for any loss that occurs after delivery to Customer’s current address, including without limitation, packages lost or stolen after being delivered to Customer’s current address or pursuant to Customer’s instructions. Customer agrees to hold Meridian harmless for acts and omissions of third-party delivery services, including the United States Postal Service as well as private carriers. Customer acknowledges that Meridian has no control over such carriers and Customer expressly agrees to assume the risks of their use.
Force Majeure. In the event of adverse conditions in the marketplace or other factors beyond the control of Meridian, including, but not limited to, acts of God, national emergencies, adverse governmental actions, or suspension of trading of silver, gold, platinum or palladium futures contracts by U.S. commodity exchanges, or the delivery of the precious metals underlying such contracts, or the failure or delay of suppliers, the maximum time for delivery of such Product may be extended indefinitely during the period of such adverse circumstances. Meridian will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to the incapacity or failure of computer, transmission or communication facilities which are beyond the control of Meridian.
Warranty. Unless otherwise specified in the terms of an order or purchase, Meridian warrants that Product delivered to Customer will be of good quality or at least of a quality commensurate with the industry standard for that product. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, OR SATISFACTORY QUALITY REGARDLESS OF WHETHER IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OR OTHERWISE ARE EXPRESSLY DISCLAIMED. Meridian does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information or of any product or services referenced on the Website. Meridian assumes no obligation to update the Information or advise you on further developments concerning topics mentioned. The Website and the Information may be changed from time to time without notice. The Website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. MERIDIAN PROVIDES THE INFORMATION ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE INFORMATION OR WITH RESPECT TO THE USE OR SUITABILITY OF THE WEBSITE OR THE INFORMATION FOR ANY PURPOSE. THE INFORMATION MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS. Meridian disclaims all warranties, representations and conditions regarding the Website and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from a course of dealing, usage or trade practice.
Assumption of Risk. Because of the unpredictable nature of the market for Product, as defined in this Agreement, the purchase and sale of same involve a high degree of risk and are not suitable for all persons. Customer represents that he has read and understands this Agreement and represents that he is aware of the nature and extent of his rights and the risks involved with the purchase and sale of Product, as defined in this Agreement. Customer further acknowledges his understanding that transactions subject to this Agreement are not subject to regulation by the Commodity Futures Trading Commission or the National Futures Association.
Disclaimer. All material, opinions and analyses (“Information”) provided by Meridian is for general informational purposes only, and is not intended as financial or investment advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, coin, precious metal or other merchandise. The Information is based from sources believed to be reliable and in good faith, but no representation or warranty, expressed or implied is made as to its accuracy, completeness or correctness. Meridian cannot and does not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear sole responsibility for your own investment research and decisions, and should perform your own due diligence before making any investment. You may lose part or all of your investment, and your loss may exceed the amount invested. Further, performance in the past is no guarantee of future performance. Meridian and any other parties involved in the creation, production or delivery or marketing of the Website or the Information disclaim any responsibility and shall not, in any event, be liable for any damages, claims, liabilities, costs or obligations including any indirect, punitive, special, incidental or consequential damages, including without limitation, loss of use, loss of data, loss of business profits, loss of opportunity, business interruption, personal injury or any other pecuniary loss (collectively the “Damages”) whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the Website or the Information or with the delay or inability to use the Website or the Information, whether such Damages arise in contract, tort, strict liability, negligence, equity or statute law or by way of any other legal theory, even if Meridian has been advised of the possibility of damages liability.
Links/No Endorsement. This Website may contain links to other web sites. Such links are provided for reference only and were independently developed by parties other than Meridian, and as such Meridian is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained at such sites. The inclusion of any link does not imply endorsement by Meridian of the site. Use of any such linked site is at your own risk. Reference to any third party information, product, process or services at this Website or any linked site is not an expressed or implied endorsement by Meridian.
No Financial Advice. The Information is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice. The Information is general in nature and is not specific to you. You should not make any decision, financial or otherwise, based on any of the Information without undertaking your own due diligence. You agree that any and all use of the Information, which you make, is solely at your own risk and without recourse to Meridian and/or its content providers. Further, you acknowledge that you understand that Meridian is not a licensed Financial Analyst, Financial Bank, Securities Broker nor Financial Planner.
Entire Agreement. This Agreement constitutes the entire Agreement among the parties and is intended as a complete and exclusive statement of the terms of their agreement. This Agreement will supersede any oral representations between the parties.
Assignment. Meridian may sell, assign or transfer any or all of its rights and duties under this Agreement, including Meridian’s right to payments. Meridian does not have to give Customer prior notice of such action. Customer may not sell, assign or transfer any of Customer’s rights or duties under this Agreement. The provisions of this Agreement will be continuous and will inure to the benefit of Meridian, its successors and assigns, and will be binding upon Customer and/or the estate, personal representatives, administrators and successors of Customer.
No Class Action. Customer agrees not to participate in a class, representative or private attorney general action against Meridian in court or arbitration.
Waiver. Failure to exercise or delay in exercising any right, power or remedy hereunder by Meridian will not operate as a waiver thereof, nor will any single or partial exercise of any right, power or remedy of Meridian’s hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy. If Meridian waives any of its rights in one situation, it does not waive the same right in another situation.
Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
Jurisdiction and Governing Law. Any dispute relating to or arising out of Customer’s transaction(s) with Meridian will be conclusively resolved by arbitration in the state of California under the commercial arbitration rules of the American Arbitration Association then existing, and any judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The laws of the State of California, without regard to its conflict of law rules, will govern the resolution of any dispute relating to or arising out of Customer’s transaction(s) with Meridian.