Overview
American Numismatic Exchange (“ANE”), (“ANE,” “we,” “us,” or “our”), provides access to online services and content through our websites and other digital platforms (collectively, the “Services”). The Services may include market and spot-price information, including third-party data; company and historical information about ANE and its subsidiaries and affiliates; educational materials; news and current events; job postings; and other resources, tools, or features we make available from time to time. By accessing or using the Services, you agree to comply with these Terms of Service (the “Terms of Service”) and any additional terms or policies referenced in the Services.
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 11, WHICH REQUIRES THAT CERTAIN CLAIMS BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS, WITH EXCEPTIONS. YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL OR ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 11.
THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONAL DATA. YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THESE TERMS OF SERVICE IF (1) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (2) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES.
1. Intellectual Property
The Services, including all content, features, and functionality—such as information, software, computer programs, source and object code, text, media, displays, images, video, audio, design, selection, arrangement, organization, layout, look and feel, and other materials available through the Services—together with domain names, trademarks, logos, and other brand elements (collectively, the “Content”), are owned by ANE, its licensors, or other providers of such materials and are protected by U.S. and international copyright, trademark, patent, trade secret, trade dress, moral rights, and other intellectual property and proprietary rights laws.
You may use the Services only for their intended purpose. These Terms of Service allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services, except as follows:
- Your computer may temporarily store copies of these materials in RAM as part of accessing and viewing them.
- You may store files automatically cached by your browser to improve display performance.
- You may print or download one copy of a reasonable number of pages from the Services for your personal, non-commercial use, provided it is not further reproduced, published, or distributed.
- If we offer desktop, mobile, or other downloadable applications, you may download one copy to each personal device solely for your personal, non-commercial use, provided you agree to the applicable end-user license agreement.
- If we provide social media features for certain content, you may take only the actions enabled by those features.
Strictly Prohibited Acts/Actions:
- Copy, duplicate, reuse, or adapt any HTML/CSS, JavaScript, similar code, or visual design elements or concepts from the Services without our express written permission.
- Modify any copies of materials from the Services.
- Use illustrations, photographs, images, video or audio clips, or graphics from the Services separately from their accompanying text.
- Remove or alter any copyright, trademark, or other proprietary-rights notices from copies of materials from the Services.
- Access or use any part of the Services, or any services or materials available through them, for commercial, unauthorized, or unlawful purposes.
- Attempt to reverse engineer, or actually reverse engineer, any technology used to provide the Services.
- Access or use password-protected, secure, or non-public areas of the Services, or access data on the Services that is not intended for you.
- Disrupt, impair, or interfere with the Services or any information, data, or materials posted or displayed through them, or attempt to do so.
- Probe, scan, or test the vulnerability of the Services, or bypass any security or authentication measures, or attempt to do so, regardless of motive or intent.
- Use automated means to access or use the Services, including scripts, bots, robots, spiders, site-search or retrieval tools, or other manual or automated devices to retrieve, index, scrape, data mine, gather Services content, or reproduce or bypass the Services’ navigation or presentation, without our prior written permission. Subject to any instructions in the Services’ robots.txt file, we permit public search-engine operators to use spiders solely to create publicly available, searchable indices of materials from the Services, and only to the extent necessary for that purpose; this permission does not extend to caches or archives and may be revoked at any time, generally or in specific cases, without notice.
- Make any part of the Services available on or through another website, application, or online service, including by framing or similar methods, without our express written permission.
- Systematically download or store Content from the Services.
- Use any Services content to develop or train artificial intelligence, machine learning, or large language model technologies.
Unless we have entered into a separate agreement with you, you may not use our Content without our prior written permission. If you print, copy, modify, download, use, or provide another person access to any part of the Services in violation of these Terms of Service, your right to use the Services will immediately end, and, at our option, you must return or destroy any copies of the Content you made. No right, title, or interest in the Services or any Content is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms of Service violates these Terms of Service and may also violate copyright, trademark, or other laws.
We retain all intellectual property rights in the Services. Except as expressly stated in these Terms of Service, your use of the Services does not give you any rights to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense any information or content available through the Services.
We own several registered trademarks. You may not copy, imitate, or use any of our registered trademarks, in whole or in part, or use hidden text containing our trademarks, without our prior written permission. The look and feel of the Services—including page headers, custom graphics, button icons, and scripts—is ANE’s service mark, trademark, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, and logos mentioned on the Services are the property of their respective owners.
2. Restrictions on Use of Services
You may not use the Services in any way that violates third-party rights, and you agree to comply with all applicable local, state, national, provincial, and international laws, treaties, and regulations. Because the Internet is global, you must comply with the laws and rules that apply where you live and where you use the Services. Except as permitted by law, you may not use any third-party intellectual property without that third party’s express written permission. Deep-linking, embedding, or similar technologies are strictly prohibited. You also may not post to or transmit through the Services any unlawful, threatening, libelous, defamatory, abusive, obscene, indecent, inflammatory, pornographic, profane, or otherwise unlawful material, or any material that could constitute or encourage criminal conduct, create civil liability, or violate any law.
When using the Services, you may not: (a) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; (b) disrupt or interfere with the security or operation of the Services or any linked websites; (c) interfere with or damage the Services, including through viruses, cancel bots, Trojan horses, harmful code, flood pings, DDoS attacks, packet or IP spoofing, forged routing or email information, or similar methods or technologies; (d) impersonate any person or entity, misrepresent your affiliation with any person or entity, including the Services, or create or use a false identity; (e) attempt to access the Services or any restricted portions without authorization; (f) send or facilitate spam, chain letters, junk mail, or other unsolicited solicitations; (g) collect information about other users without their express consent, whether manually or automatically, or collect other information related to the Services; (h) use meta tags or other hidden text containing our name, trademarks, or product names; (i) advertise, offer to sell, or sell goods or services except as expressly permitted by the Services; (j) interfere with any third party’s ability to use or enjoy the Services; or (k) help any third party engage in conduct prohibited by these Terms of Service. We reserve the right to take legal action against any party that violates this Section.
3. Suspension and Termination
We may refuse to provide the Services to any person at our sole discretion. Without limiting any other legal or equitable remedies available to us, we may also suspend or terminate any user’s access to the Services at any time and in our sole discretion. Any refusal, suspension, or termination will not affect your other rights, duties, or obligations under these Terms of Service or the Privacy Policy.
4. Consent to Electronic Communications
By using the Services, emailing us, or otherwise asking us electronically to contact you, you communicate with us electronically and consent to receive electronic communications from us, including emails, texts, mobile push notifications, and other notices or messages through the Services.
We may, but are not required to, monitor the Services electronically. We may also disclose any content, records, or electronic communications, including feedback, if required by law, rule, regulation, or court order, or if disclosure is necessary or appropriate to operate the Services; protect our rights or property; protect the rights of other Services users; or protect our partners, affiliates, parent company, or service providers, as otherwise permitted by our Privacy Policy.
5. Anti-Fraud, Compliance & Export Controls
You agree not to use the Services in any way that violates, evades, or attempts to evade any applicable laws related to fraud, money laundering, corruption, terrorist financing, or unlawful export activity. This includes complying with all applicable Anti-Money-Laundering (“AML”) requirements. We maintain a legally required AML program and may file Suspicious Activity Reports (“SARs”) when appropriate, and you must also comply with all U.S. export-control and embargo laws.
When using the Services, you represent and warrant that you are not located in, a resident or national of, or otherwise connected to any jurisdiction or party subject to U.S. government embargoes, sanctions, or export restrictions, and that you are not listed on any U.S. government prohibited or restricted end-user list. You also agree not to take any action through the Services that would cause or help facilitate a violation of any AML, anti-corruption, counter-terrorist-financing, export-control, or other anti-fraud law or regulation.
6. Digital Millennium Copyright Act (DMCA) Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives copyright owners a process for addressing material on the Internet that they believe infringes their rights under U.S. copyright law. If you believe in good faith that material on the Services infringes your copyright, you or your agent may send us written notice by email at Legal@Gold.com or by mail to Gold.com, 1550 Scenic Ave., Suite 150, Costa Mesa, CA 92626, Attn: Legal Department.
Your notice must include:
- Your address, telephone number, and email address;
- A description of the copyrighted work you claim was infringed;
- A description of where the allegedly infringing material is located;
- A statement that you have a good-faith belief that the disputed use is not authorized by you, the copyright owner, the owner’s agent, or the law;
- The electronic or physical signature of a person authorized to act for the copyright owner; and
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the copyright owner.
If your notice does not meet all requirements of this Section, it may be invalid. You should also be aware that if you materially misrepresent that any material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our reliance on that misrepresentation in removing or disabling access to the material or activity.
We may terminate a user’s access to the Services without prior notice for any reason, including infringement of intellectual property or other third-party rights, violation of these Terms of Service, or no reason.
7. Third Party Links & Content
The Services may include links to third-party websites, applications, or services that ANE does not own or control. We are not responsible or liable for the content of those third-party websites, applications, or services.
Some parts of the Services may be provided by third parties or otherwise outside our direct control. In those cases, we are not responsible for the content, accuracy, delays, interruptions, or errors in those third-party offerings, provided we used reasonable care and diligence in selecting the providers.
When Services Content includes pricing or performance data, that data is obtained from sources believed to be reliable. However, neither we, our affiliates, third parties, nor any information service provider guarantees the data or related calculations, and the data may be incomplete. To the fullest extent permitted by law, we and those providers disclaim all warranties regarding the accuracy, adequacy, quality, fitness, timeliness, non-infringement, title, or suitability of any information for any particular purpose or use. You assume all risks arising from your use of, or reliance on, any Content, and you are responsible for verifying the integrity of any information you receive over the Internet.
8. No Legal, Tax, Financial or Investment Advice
The Services and Content are not legal or tax advice. You should consult qualified professionals as needed when evaluating any Content on the Services. Nothing on the Services is intended as an offer or solicitation to buy any stock, security, financial instrument, or to provide investment services or investment advice in any jurisdiction.
No Investment Advice. Information provided through the Services is general and offered solely for educational and informational purposes, without any express or implied warranty, including warranties of accuracy, completeness, or fitness for a particular purpose. It is not financial, investment, trading, or other advice, and it should not be relied on as such. It also is not a complete statement of the matters discussed or the applicable law. The information is not tailored to you or any other person. You should not make any financial, investment, trading, political, or other decision based on information from the Services without conducting your own due diligence and consulting a financial advisor or other qualified professional. You are solely responsible for evaluating the risks and merits of using any information or content on the Services or placing any Transactions.
Investment Risks. All investments, including precious metals, involve risk and may be affected by economic and geopolitical factors beyond ANE’s control. You, not ANE, are responsible for those risks, including market volatility and the possibility that products cannot be liquidated at an acceptable price, at a particular time, or at all. As noted above, you should consult an investment or financial advisor or other qualified professional before buying or selling precious metals and should determine whether you have sufficient savings and income before making such an investment. You represent and warrant that you have the experience and knowledge needed to make informed financial decisions.
9. Disclaimer of Warranties and Limitation of Liability
ANE provides the Services “as is.” We do not represent or warrant that the Services, your use of them, or any information available through them will be uninterrupted, timely, secure, free from defects, inaccuracies, or errors, meet your requirements, or operate with your hardware, software, or configuration. We make no warranties except those expressly stated in these Terms of Service.
We are not liable or responsible for any third-party content posted on or transmitted through the Services, including user content, third-party advice or marketing, third-party links, or other third-party materials. We reserve the right to discontinue the Services at any time.
To the fullest extent permitted by applicable law, ANE disclaims all express and implied warranties, including any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
We take personal-data security seriously. However, you should use caution when sharing personal data about yourself or anyone for whom you have legal authority. We cannot guarantee the security of personal data you provide, and you acknowledge that you transmit it to us at your own risk. If you believe your interaction with us is no longer secure, please notify us immediately as described in the “Contact Us” section.
To the fullest extent permitted by applicable law, ANE and its affiliates will not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or related to your access to or use of the Services or any Content available through them. Our total aggregate liability for any claim arising from or related to the Services or their Content will not exceed one hundred dollars ($100). Some jurisdictions do not allow certain limits on implied warranties or liability, so some of these limitations may not apply to you.
10. Indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold ANE harmless from and against all claims, demands, damages, injuries, losses, liens, causes of action, lawsuits, judgments, penalties, liabilities, debts, costs, and expenses, including court costs and reasonable attorneys’ fees, that relate to or arise from (a) your access to or use of the Services, the Content, or any materials, products, or services available through the Services, including third-party materials, or (b) your violation or alleged violation of these Terms of Service. If you must provide indemnification under this provision, we may, in our sole discretion, control the resolution of any claim at your sole cost and expense. You may not settle, compromise, or otherwise resolve any claim without our prior written consent.
11. Arbitration Agreement, Class Action Waiver, and Waiver of Jury Trial
Please read this section carefully. Unless you opt out as described below, it requires certain claims between you and ANE to be resolved by arbitration and limits how you may seek relief from us. Class, representative, and class-wide arbitration proceedings are not permitted except as expressly stated in this section. Arbitration also means you generally may not sue in court or have a jury trial.
For purposes of this section, you and ANE are the “Parties.” The Parties intend this section to reduce the financial burdens of resolving claims, not to delay the resolution of any Party’s claim.
Claims Subject to this Section. The dispute-resolution and binding-arbitration terms in this section apply to all Claims between the Parties. A “Claim” means any dispute, claim, cause of action, or controversy between the Parties, except the exclusions below, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, that seeks legal relief and arises from or relates to these Terms of Service, the Services, or the Content. This includes privacy or data-security claims and disputes about the validity, enforceability, or scope of the arbitration requirement or any part of it. “Claim” does not include: (a) individual small-claims disputes brought in small claims court in the county of your billing address; or (b) disputes seeking injunctive or other equitable relief for alleged intellectual-property infringement or misappropriation, or for violations of the Intellectual Property or Restrictions on Use of Services sections.
No Representative Actions. THE PARTIES EACH WAIVE THE RIGHT TO HAVE CLAIMS RESOLVED IN COURT OR BY A JURY TRIAL AS PROVIDED IN THIS SECTION. You and ANE agree that each Claim is personal to you and ANE and will be resolved only through an individual proceeding, not as a class arbitration, class action, or other representative proceeding, except as expressly allowed in this section. If this waiver of class or consolidated actions is found invalid or unenforceable, neither Party may arbitrate the affected Claims, and those Claims must be resolved in court as provided in Section 14.
Opting Out of Binding Arbitration. You may opt out of binding arbitration within 30 days after you first accept this section, such as the first time you visit or use the Services, by emailing contact@american-numismatic-exchange.com. To be effective, your opt-out notice must include your full name and address and clearly state that you intend to opt out of binding arbitration. If you opt out, you agree to resolve Claims under Section 14.
Rejection of Future Changes to This Section. You may reject any future change to this section, except address changes, by emailing your rejection to contact@american-numismatic-exchange.com within 30 days after the change. You may reject changes only as a whole, not in part. If you reject a change, the most recent version of this section that you did not reject will continue to apply.
Arbitration Notice. For any Claim you have against ANE, you agree to first try to resolve it informally by sending us written notice of the Claim (“Notice”) by email at contact@american-numismatic-exchange.com or by certified mail to American Numismatic Exchange, 6460 S Quebec St., Centennial, CO 80111, Attn: Legal Department. Your Notice must include: (a) your name, residence address, email address, and telephone number; (b) the nature and basis of the Claim; and (c) the specific relief sought. If we intend to pursue arbitration, we will send a similar Notice to the address we have on file for you.
Required Use of JAMS. If the Parties do not resolve a Claim within 30 days after Notice is received, either Party may submit the Claim to binding arbitration administered by JAMS or, where permitted above, to court. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect when arbitration begins (collectively, the “JAMS Rules”). A single neutral arbitrator will be selected under the JAMS Rules. The JAMS Rules, arbitration-filing information, and a description of the arbitration process are available at www.jamsadr.com. The arbitration will allow discovery or exchange of non-privileged information relevant to the Claim. The arbitrator’s award will be in writing and will state the disposition of each claim and the essential findings and conclusions supporting the award.
Confidentiality. The arbitrator and the Parties will keep confidential all arbitration proceedings, judgments, awards, and related information gathered, prepared, or presented for the arbitration or Claim. The arbitrator may issue appropriate confidentiality orders unless prohibited by law. Confidentiality does not apply when disclosure is necessary to prepare for or conduct the arbitration hearing, seek a preliminary court remedy, challenge or enforce an arbitration award, or comply with law or a judicial decision.
Federal Arbitration Act. The Parties agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs the enforceability of this section to the fullest extent permitted by law. Subject to the FAA, these Terms of Service, and the JAMS Rules, the arbitrator has exclusive authority to decide all procedural and substantive issues relating to any Claim and may grant any remedy available in court, including deciding arbitrability. The arbitrator may conduct only individual arbitration and may not consolidate claims, preside over a class or representative proceeding, or hear a proceeding involving more than one individual.
Coordinated Filings. If a Party receives 25 or more Notices asserting similar Claims and involving the same or coordinated counsel, those Claims will be treated as “Coordinated Claims” and, if filed in arbitration, as mass or multiple-case filings under the JAMS Rules. Either Party may notify the other that it believes Claims are Coordinated Claims, and the arbitration provider will decide any dispute over that designation as an administrative matter. Coordinated Claims may be filed in arbitration only through the bellwether process described below. Limitations periods for Coordinated Claims are tolled from the time a compliant Claimant Notice is received until this section permits those Claims to be filed in arbitration or court. The bellwether process will not begin until counsel for the Coordinated Claims confirms in writing, including by email, that all or substantially all Claimant Notices have been provided. The Parties’ counsel will then select 10 Coordinated Claims for bellwether arbitration, with each side selecting 5 claimants who submitted compliant Claimant Notices. Only those selected cases may be filed with the arbitration provider. The Parties acknowledge that this process may delay resolution of some Coordinated Claims. A single arbitrator will preside over each bellwether case, and each arbitrator may hear only one Coordinated Claim unless the Parties agree otherwise. After the bellwether arbitrations conclude, or earlier if the claimants and the other Party agree, counsel must participate in one mediation covering all remaining Coordinated Claims, with ANE paying the mediator’s fee. Counsel must agree on a mediator within 30 days after the last bellwether arbitration concludes; if they cannot, the arbitration provider will appoint one as an administrative matter. All Parties will cooperate to schedule mediation as soon as practicable. If mediation does not resolve all remaining Coordinated Claims, the arbitration requirement will no longer apply to unresolved Coordinated Claims supported by compliant Claimant Notices, and those Claims must be resolved under Section 14. To the extent you assert the same Claim as others and are represented by common or coordinated counsel, you waive any objection that joining all such persons is impracticable. If released Coordinated Claims are filed in court, claimants may seek class treatment, but any proposed class may include only claimants whose compliant Claimant Notices were received by the other Party, to the fullest extent permitted by law. Any Party may contest class certification at any stage and on any available basis. A court may enforce the bellwether and mediation processes in this section and may enjoin lawsuits or arbitration demands that do not comply with them.
Payment of Fees. For any arbitration you initiate, you will pay the filing fee, up to $250 if you are a consumer, and we will pay all other costs, including any remaining JAMS filing fees, case-management fees, and arbitrator professional fees. For any arbitration initiated by ANE, ANE will pay all JAMS fees and costs. Fee and cost allocation will otherwise follow the JAMS Rules. To the extent permitted by applicable law and the JAMS Rules, a claimant must pay the defending Party’s costs and fees, including arbitration, attorney, and expert fees, if the arbitrator finds that: (a) the Claim was not supported by existing law or a nonfrivolous argument; or (b) the Claim was filed for an improper purpose, such as harassment, unnecessary delay, or needless increase in dispute-resolution costs. This fee-shifting provision does not apply to California residents.
Jurisdiction. The Parties agree that state or federal courts located in Arapahoe County Colorado have exclusive jurisdiction to enforce any arbitration award. The arbitration will take place in Arapahoe County Colorado.
Offers of Settlement. Either Party may, but is not required to, make a written settlement offer for a Claim. If the arbitration decision or award is less favorable to a Party than the latest written settlement offer that Party rejected, the rejecting Party must pay all arbitration costs and fees the other Party incurred after the offer was made.
Time Limit to Commence Arbitration. Any Claim must be filed within one year and one day after it arose. Otherwise, the Claim is permanently barred, and neither Party may assert it.
Unenforceability/Severability. If any part of this section is found unenforceable or unlawful, that part will be severed from these Terms of Service. The severance will not affect the remainder of this section or the Parties’ ability to compel individual arbitration of remaining Claims. If any Claims must proceed on a class, collective, consolidated, or representative basis, those Claims must be litigated in a court of competent jurisdiction, not in arbitration, and the Parties agree that litigation of those Claims will be stayed pending the outcome of any individual arbitration Claims. If any part of this section is found to prohibit an individual Claim seeking public injunctive relief, that part will be ineffective only to the extent such relief may be sought outside arbitration, and the remainder of this section will remain enforceable.
Arbitration Agreement Survival. This arbitration agreement survives the termination of your relationship with ANE.
12. Privacy
Use of the Services is subject to the terms of our Privacy Policy In the event of a conflict between any provision of these Terms of Service and our Privacy Policy, the provisions of our Privacy Policy shall prevail and control.
13. California Transparency in Supply Chains Act Disclosure
In accordance with the California Transparency in Supply Chains Act of 2010, ANE provides the following disclosure:
We oppose slavery, human trafficking, and forced labor in all forms, and strictly prohibit them throughout our organization.
Our code of ethics and corporate policies prohibit those practices and require compliance with all applicable federal, state, local, and international laws, including laws against human trafficking and forced labor.
Supplier Auditing, Verification and Certification. Our standard supplier agreements require compliance with all applicable laws, including laws addressing human trafficking and forced labor. We do not currently conduct independent third-party verification of our supply chain for human trafficking or slavery risks, but we periodically audit certain raw-material suppliers for compliance issues. Although we do not require a specific supplier certification for human trafficking or forced labor, we will not approve any supplier that engages in those practices in violation of recognized international standards or applicable U.S. law.
Internal Accountability and Training. We maintain internal accountability standards and procedures for employees and contractors regarding compliance with applicable laws. We provide periodic ethics and compliance training to all employees, but we do not currently provide training specific to human trafficking or forced labor. Employees who observe a policy or procedure violation are directed to report it to their supervisor, any company officer, Human Resources, or the Legal Department. Any contractor or employee found to have engaged in human trafficking or forced labor will be subject to immediate disciplinary action, including termination of employment or contract.
Notice to California Consumers. If you have concerns about the Services, we encourage you to contact us. California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Miscellaneous
Telephone Recording. You understand and expressly consent that we may monitor and record telephone calls and conversations between you and us for any lawful purpose.
Force Majeure. ANE is not liable for any failure or delay in performing its obligations caused by events beyond our reasonable control, including fire, flood, earthquake, explosion, natural disaster or other acts of God, war or armed conflict, terrorism, riots, civil disorder, strikes or labor stoppages, raw-material shortages or delays, epidemics, rebellions, embargoes, blockades, or similar causes.
Governing Law. These Terms of Service are governed by and construed under the laws of the State of Colorado, without regard to conflict-of-law principles that would require the application of another jurisdiction’s laws.
Place to File Permitted Court Actions. For disputes involving intellectual property rights, Section 1, or Section 2; disputes for which the arbitration agreement is unenforceable; or disputes for which you have opted out of arbitration, the exclusive venue is the applicable state or federal courts in Arapahoe County, Colorado. You waive any objection to personal jurisdiction or venue in those courts, including any objection based on inconvenience, and agree to their exclusive jurisdiction and venue. Any cause of action arising from or related to these Terms of Service must be brought within one year and one day after the alleged breach occurred.
No Waiver. ANE’s failure or delay in enforcing any provision of these Terms of Service, or in exercising any right, power, or remedy under these Terms of Service or applicable law, does not waive that provision, right, power, or remedy, and does not prevent ANE from enforcing or exercising it later.
Third-Party Beneficiaries or Assignment. These Terms of Service benefit and are enforceable only by the parties and do not create rights, benefits, obligations, or liabilities for any third party. You may not assign, transfer, or sublicense any rights or obligations under these Terms of Service without our prior written consent, which we may withhold in our sole discretion. We may assign, transfer, or sublicense any or all of our rights and obligations without restriction. These Terms of Service bind and benefit you, ANE, and each party’s successors and permitted assigns.
Modification. We may modify these Terms of Service or any Services at any time without notice, and changes are effective when posted. We will use commercially reasonable efforts to notify you electronically or otherwise of any material change that affects you, and the revision date will be updated. You should review these Terms of Service regularly because you are responsible for knowing the current terms. Your continued use of the Services after changes are posted means you accept those changes. Any amendments apply prospectively only and will not apply retroactively.
Survival. Any provision that contemplates performance or observance after these Terms of Service expire or terminate, or that is necessary to interpret the parties’ rights and obligations, will survive expiration or termination and remain in effect.
Severability. If any provision or part of these Terms of Service is invalid or unenforceable, the remaining provisions and parts will remain valid and enforceable. The invalid or unenforceable provision will be replaced automatically with a valid, enforceable provision that most closely reflects the original intent.
15. Entire Agreement
These Terms of Service constitute the entire agreement between you and ANE regarding your use of the Services. They supersede all prior or contemporaneous oral or written covenants, promises, agreements, conditions, and understandings between you and us, except those expressly stated in these Terms of Service.
16. Contact Us
Please direct any legal questions regarding these Terms of Service to the following:
Email address: contact@american-numismatic-exchange.com
Mailing Address:
6460 S Quebec St
Centennial, CO 80111 Attn: Legal Department