Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
AM&ST Associates, LLC dba Silver Towne Mint (“Silver Towne Mint”) operates this website (the “Website”) to provide online access to information about Silver Towne Mint and its products. By accessing and using this Website, you agree to each of the terms and conditions set forth herein (“Terms of Service” or “TOS”). Your use of the Website is subject to the Silver Towne Mint Privacy Policy (the “Privacy Policy”) which is incorporated by reference. Our collection, purchase, license, use and resale of personal information in the course of our business are governed by the Privacy Policy. Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to as this “Agreement”.
Silver Towne Mint reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Silver Towne Mint will be pleased to assist you with any queries, explanations, or questions concerning these Terms of Service. You can reach us at:
Phone: (877) 277-3090
Website: https://silvertownemint.com/privacy-policy
Email: privacy@amark.com
Address: Silver Towne Mint, PO Box 28, Winchester, IN 47394
I. Use of Website
Silver Towne Mint hereby grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Website, and the information, writings, images, reports, data, charts, graphics, logos, buttons, icons, photographs, audio and video programs, and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Silver Towne Mint products. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Silver Towne Mint reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not (and may not permit any third party to) use, alter, copy, distribute, transmit, reproduce, upload, publicly display, modify, reverse engineer or derive another work from any Content obtained from the Website except as expressly permitted by the Terms of Service.
II. Copyright
The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to Silver Towne Mint, its licensors, contributors or third parties. The copyrights in the Content are owned by Silver Towne Mint or other copyright owners who have authorized their use on the Website.
III. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner. “Silver Towne Mint”, “Silver Towne Mint International”, Silver Towne Mint, page headers, custom graphics, button icons, scripts, and all trademarks, service marks, design marks, trade names, are trade dress are owned by Silver Towne Mint. You may not copy, download, or otherwise use any of these trademarks, trade dress, or trade names without our express written permission.
IV. Links to Third-Party Websites
Links on the Website to third party Websites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Silver Towne Mint of the third party, the third-party website, or the information contained therein. Silver Towne Mint is not responsible for the availability of any such website. Silver Towne Mint is not responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any such website or the content thereon.
V. Linking to this Website
If you would like to link to the Website, you must first obtain Silver Towne Mint’s written permission. Requests to link to the Website should be sent to sales@SilverTowneMint.com. Unless specifically authorized by Silver Towne Mint, you may not connect “deep links” to the Website, i.e., create links to this Website that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other website or web page.
VI. Downloading Files
Silver Towne Mint cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
VII. Disclaimer of Warranties
SILVER TOWNE MINT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE CONTENT. SILVER TOWNE MINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. SILVER TOWNE MINT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. SILVER TOWNE MINT DOES NOT WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SILVER TOWNE MINT MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SILVER TOWNE MINT OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VIII. Limitation of Liability
IN NO EVENT WILL SILVER TOWNE MINT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF SILVER TOWNE MINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SILVER TOWNE MINT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
IX. Indemnification
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Silver Towne Mint, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation by you of this Agreement.
X. Privacy
You agree that information transmitted by you to Silver Towne Mint is not confidential and you acknowledge that you have no expectation of privacy with respect to such information, except as provided under the Privacy Policy. You agree that Silver Towne Mint and its affiliates shall not be liable for any direct, indirect, special, incidental, punitive, consequential, or other damages or losses caused by the unauthorized use or misappropriate of any and all information that you transmit to Silver Towne Mint.
XI. User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on our Website. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website. Our Website is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Website. You represent and warrant that you are at least eighteen years of age. Use of the Website by persons under eighteen years of age is strictly forbidden. You agree to be solely responsible for your actions and the contents of your transmissions through the Website. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You further represent, warrant and covenant that any and all personal information that you provide through this Website to Silver Towne Mint, is and shall be current, complete and accurate.
XII. Unsolicited Idea Submission Policy
Silver Towne Mint or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Please do not send your unsolicited ideas to Silver Towne Mint or anyone at Silver Towne Mint. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Silver Towne Mint, without any compensation to you; (2) Silver Towne Mint will have no obligation to return your idea to you or respond to you in any way; (3) Silver Towne Mint will have no obligation to keep your idea confidential; and (4) Silver Towne Mint may use your idea for any purpose whatsoever, including giving your idea to others. However, Silver Towne Mint does welcome feedback regarding many areas of Silver Towne Mint’s existing business that will help satisfy clients’ needs, and feedback can be provided through the many listed contact areas on the Website. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.
XIII. User Supplied Information
Silver Towne Mint does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to us or post to the Website (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Silver Towne Mint the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You agree that your Submissions will not: (a) be libelous or defamatory; (b) be obscene, pornographic or otherwise offensive; (c) be abusive or harmful (or threatens to abuse or harm) any person or entity; (d) infringe another person’s or entity’s intellectual property rights or any other rights, including, without limitation, copyrights, trademark or the right of publicity or privacy; (e) violate any law or regulation; (f) advocate illegal activity; (g) advertise a product or service; or (h) solicit funds or solicits goods or services.
XIV. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Silver Towne Mint the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact:
Phone: (877) 277-3090
Email: privacy@amark.com
Address: Silver Towne Mint, PO Box 28, Winchester, IN 47394
XV. Domestic Use
We control the Website from our offices within the United States of America. We make no representation that the Website or its content are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from the Website may be downloaded in violation of United States law.
XVI. Accuracy of Information
The Website may contain technical inaccuracies or typographical errors or omissions. We are not responsible for typographical, pricing, product information, advertising or other errors on the Website. Advertised prices and available quantities are subject to change without notice. We reserve the right to make changes, corrections and/or improvements to the products and programs described on the Website at any time without notice.
XVII. Miscommunications/Lost Transactions
We are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Website, or by any technical or human error that may occur in the processing of any information related to the Website. We are not responsible for any damages that may arise as a result of any orders you request or make on this Website which are not processed or accepted for any reason.
XVIII. No Legal, Tax or Financial Advice
The Website and Content are not intended to and do not constitute legal, tax or financial advice. Silver Towne Mint employees are not authorized to give you any such advice and you agree that you will not solicit or rely upon any such advice from Silver Towne Mint or any of its employees. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website. You should consult with your appropriate legal, financial or tax advisor regarding issues arising from the acquisition or disposition of precious metals, rare coins, rare currency and any financial investment. You agree that any financial decisions you make will be based solely on your own evaluable of your financial circumstances, investment objectives, risk tolerance and liquidity needs. The information on this Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
XIX. Timeliness of Information
All materials that are contained on the Website were, to the best of our knowledge, timely and accurate when first presented. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. We have no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Website.
XX. ARBITRATION
ALL DISPUTES ARISING OUT OF OR RELATING TO THIS TOS (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH) OR YOUR USE OF THE WEB WEBSITE WILL BE EXCLUSIVELY RESOLVED PURSUANT TO CONFIDENTIAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (THE “RULES”) AND HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR APPOINTED PURSUANT TO THE RULES. THE ARBITRATOR SHALL USE CALIFORNIA LAW TO DETERMINE THE DISPUTE. THE ARBITRATOR’S AWARD WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE EXISTENCE AND OUTCOME OF THE ARBITRATION SHALL REMAIN CONFIDENTIAL UNLESS BOTH PARTIES AGREE TO ITS DISCLOSURE. THE PREVAILING PARTY SHALL BE ENTITLED TO FULL AND PROMPT REIMBURSEMENT FROM THE OTHER PARTY FOR ALL THE PREVAILING PARTY’S REASONABLE OUT-OF-POCKET EXPENSES AND COSTS ASSOCIATED WITH THE ARBITRATION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND INSTITUTIONAL OR ARBITRATOR FEES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS TOS WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS TOS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, WE WILL HAVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN STATE OR FEDERAL COURT LOCATED IN LOS ANGELES, CALIFORNIA TO ENFORCE THIS TOS OR PREVENT AN INFRINGEMENT OF A THIRD PARTY’S RIGHTS. IN THE EVENT EQUITABLE RELIEF IS SOUGHT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURT.
XXI. WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THIS TOS, 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 THIS TOS MUST BE ASSERTED INDIVIDUALLY.
XXII. Limitation of Actions
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 Web Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
XXIII. Termination
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding product orders. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
XXIV. General Provisions
- Entire Agreement/ No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Silver Towne Mint of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Silver Towne Mint therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Silver Towne Mint does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Silver Towne Mint’s Privacy Policy, your use of the Website, any other Silver Towne Mint web Website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws’ provisions.
March 25, 2021