USER AGREEMENT
Please read the following terms and conditions carefully, as they affect your legal rights. These terms and conditions include an arbitration clause in paragraph 28 that requires the use of mandatory binding arbitration on an individual basis in order to resolve disputes. Except for certain types of disputes referenced in paragraph 28, you agree that disputes with Leif’s Coins will be resolved pursuant to the provisions of paragraph 28 and you waive your rights to participate in a jury trial, any court proceedings or in class actions of any kind.
User’s Acknowledgment and Acceptance of Terms and Conditions
The leifscoins.com website and its associated services and content (collectively, the “website”) is owned and operated by Leif’s Coin & Jewelry, Inc. (“Leif’s Coins”, “our”, “we”, or “us”). By using, placing an order for products, or selling products through the website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This agreement is made by and between Leif’s Coins and you, personally and if applicable, on behalf of the entity for whom you are using the website (“you” or “your”). This agreement governs your use of the website and the products and services we offer on the website, including making purchases from Leif’s Coins, making sales to Leif’s Coins, and placing order with Leif’s Coins. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the website and must immediately discontinue your use of the website.
This agreement applies to all orders, purchases, and sales, whether made via the website, by telephone, or otherwise. By using the website, you represent and warrant, without limitation, that you have read, understood, and agree to the terms and conditions of this agreement. If you do not understand or do not agree to ne bound by and comply with the terms and conditions of this agreement and and other supplemental terms, disclosures, and disclaimers, you must immediately leave the website. Leif’s Coins strongly encourages you to print a copy of this agreement for future reference.
We reserve the right to make changes to this agreement at any time and you agree that we may change the terms and conditions 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 if you continue to use the website after we have posted a change to this agreement, then you are bound by the most recent version of this agreement.
By purchasing from, making sales to or ordering from Leif’s Coins, whether by telephone, through the website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Leif’s Coins provides a buy/sell service that allows visitors and users to purchase and sell precious metals, gold & silver, online, telephone & email. Leif’s Coins provides first quality products as well as previously owned products from wholesalers, direct mint dealers and retail customers.
Account registration and use of the website is free. You may search, view, purchase and sell products from/to the website as a guest, without registering for an account. If you choose to enter an account and
create a user profile, please complete and input the required information. When creating an account, placing an order, or selling to leifscoins.com, you are agreeing to receive email and/or text notifications at any time.
We may request that you submit certain personally identifiable information about yourself, including but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our customers, the website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our privacy policy, which is hereby incorporated into this agreement by reference. 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 the website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between terms and conditions set forth in this agreement and our Privacy Policy, The terms and conditions of the Privacy Policy will control.
You have a duty to ensure the information you provide through your account is truthful, current, complete and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language , or other violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the website. Leif’s Coins reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion , and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact Leif’s Coins immediately. You agree to hold harmless and indemnify Leif’s Coins for any damages that arise out of, or in relationship to, use of the account.
By the creation of an account, you agree that Leifs Coins, and its designees and agents, may contact you by available means, including, but not limited to, by phone, text messaging and/or email.
You can purchase, sell to, and order from Leif’s Coins only in accordance with this agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with Leif’s Coins, you have entered into a binding and legally enforceable agreement. Prices and availability 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 number” will subsequently be forwarded to your email. You credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Leif’s Coins within two (2) business days for bank wire payments. All check orders must be postmarked for delivery within one (1) business day. If check payment is not received in its entirety within
Ten (10) calendar days of original order date, or bank wire payment is not received in its entirety within two (2) business days of the original order date, any market losses between order date and time of non-payment will be assessed.
A complete order is denoted by our receipt of funds in our 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 to Leif’s Coins fault or otherwise, we reserve the right to cancel the order.
When selling to Leif’s Coins through the sell to Leif’s Coins plan, all products sold to Leif’s Coins must have a minimum of $500 for online sale to us. Most sell to Leif’s Coins plan prices will be locked in up front when the customer’s credit card information is collected. Sell to Leif’s Coins prices are calculated Based upon the customer’s good faith representation of the product and the current spot prices. However,
Leif’s Coins reserves the right to require product receipt prior to locking in all sell to Leif’s Coins prices. Upon receipt of the products, Leif’s Coins will inspect the products for authenticity, quality and condition. If the products are not true to the customer’s initial representations, Leif’s Coins reserves the right to make a revised offer or reject the transaction at its discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, the sale to Leif’s Coins orders may not be canceled but may be offset at Leif’s Coins current purchase prices.
Items sold to Leif’s Coins must be shipped within two (2) business days, and you must contact Leif’s Coins via email at leif@leifscoins.com or telephone at 239-325-9943, to provide tracking number so we may confirm the product is enroute. Customers are responsible for all costs related to shipping sell to Leif’s Coins. All products must be received by Leif’s Coins within ten (10) business days, or will be charged any market losses. If Leif’s Coins does not receive the product within ten (10) business days and delay is attributable to the carrier, Leif’s Coins may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the sale of Leif’s Coins products they ship to Leif’s Coins up until Leif’s Coins confirms receipt of such products. Leif’s Coins is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from Leif’s Coins. Packages that arrive damaged to our offices will be rejected.
Without limiting any other legal or equitable rights and remedies that may be available to Leif’s Coins, in the event of any failure by you to comply with this agreement, Leif’s Coins may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this agreement.
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.
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 shipper any order if fraud is suspected. We capture certain information during 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, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
Leif’s Coin requires all payments to be made via credit card, debit card, personal check, certified check, cashier’s check, ACH/echeck or money order. Leif’s Coins does not accept international payments, credit Card convenience checks or any third party checks. Depending upon the amount of the order, Leif’s Coins Reserves the right to request additional documentation for certain orders. Leif’s Coins reserves the right to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In case of suspected fraud, certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders may be held up to forty five (45) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Leif’s Coin to authorize and capture your credit card payment prior to shipment.
Credit/Debit card payment for products purchased through the website are processed through a third party payment processor, such as Zelle and/or paypal. You understand and agree that a $0.01 charge may temporary appear in your pending transactions when you process an order through Leif’s Coins third party payment processors. The temporary charge will be voided. Leif’s Coins will not be held liable for any overdraws that may occur because of the $0.01 charge. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any government entity anywhere in the world in connection with your use of the website and/or purchase of services through the website to that applicable government entity. You understand and agree that Leif’s Coins will not be held liable for any user’s failure to complete a transaction entered through the website.
Leif’s Coins expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
In the instance of an insufficient funds paper check payment, Leif’s Coins reserves the right to cancel the order and charge administration fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.
Leif’s Coins will issue payment instructions to you during the ordering process and via email following completion of your order. Leif’s Coins does not accept cash on deliverable goods. Leif’s Coins reserves the right to cancel orders where payment is not dated with two (2) business days for bank wire orders or one (1) business day for paper check orders.
Once you have placed an order with Leif’s Coins you have entered into a binding legal agreement and you may not cancel the confirmed order. However, after your confirmation order has been placed, prior to it’s being shipped, the confirmed purchase price (“Purchase Price”) may be offset (by product sold to Leif’s Coins) at Leif’s Coins current asking price (Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/Debit card orders may not be offset 24+ hours following the time the order’s creation.
All order offset requests must be made during normal business hours. Monday-Friday 9:00a – 5:00p EST. Leif’s Coins reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over the telephone or email, at which time Leif’s Coins shall provide you with a cancellation confirmation and the total market losses and fees. Offsetting orders are subject to market loss policy, described below. As applicable, the difference between the purchase price and the asking price will determine the fee. In the event of a confirmed canceled order, you expressly authorize Leif’s Coins to automatically bill the credit or debit card on file for the difference between the purchase price and asking price. Alternately, in the event your credit or debit card is denied, Leif Coins reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. All market gains on cancellations shall belong solely to Leif’s Coins.
For canceled/offsetting orders, the difference between the purchase price and asking price will be charged. After Leif’s Coins has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept market loss fees upon return. Leif’s Coins reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Leif’s Coins deems questionable or suspicious, for orders Leif’s Coins deems a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Leif’s Coins does not receive payment within allotted time frame.
Leif’s Coins is not responsible for pricing or typographical errors related to merchandise on the website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a canceled order, Leif’s Coins will contact you directly with notification of the cancellation.
In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, Leif’s Coins may, at its sole and absolute discretion, attempt to intercept the package from shipping.
Leif’s Coins refund, return and exchange policy is limited to five (5) business days from the date you receive the item(s). You must notify Leif’s Coins customer service department via telephone at 239-325-9943 within five (5) business days from the date you receive the items(s) and follow the instructions provided to you at the time. Shipping charges are non-refundable. You are fully responsible for all taxes, as well as return shipping costs, including ensuring your return shipment. Leif’s Coins may reject any returned or exchanged item(s) that does not conform to these terms. Shipments returned to us will not be held more than three (3) days.In case of a request for an exchange, Leif’s Coins expressly reserves the right, in its sole and absolute discretion, to fins an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to Leif’s Coins market loss policy. All market gains on refunds, returns and exchanges shall be long to Leif’s Coins.
Upon issuance of an order number following purchase from Leif’s Coins, the price is guaranteed, and you
may not cancel the transaction’ The transaction may only be offset at Leif’s Coins asking price. If your item is canceled, you are responsible for any deficiency between the price at the which Leif’s Coins sold The item(s) to you offsetting purchase price. As set forth above, all cancellations are subject to market loss policy. Market gains on cancellations or returns shall remain the property of Leif’s Coins ns. Furthermore and to the extent Leif’s Coins does not have any of your funds in its possession, Leif’s Coins reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Leif’s Coins.
Without limiting any other legal or equitable rights and remedies that may be available to Leif’s Coins, Leif’s Coins may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Leif’s Coins may have to you. Leif’s Coins also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Leif’s Coins.
Once your order ships, you will receive a shipped email with a tracking number. Note that in some cases it may take 1-2 days for tracking to begin.
Leif’s Coins fully insures all its shipments, and each package over $1000 requires a signature upon delivery. Should anything happen while your package is in transit to you, it will be covered by our insurance policy subject to the other conditions set forth in this section 11. However, once a package is shown to be delivered by the carrier, Leif’s Coins responsibility ends.
It is important you are prepared to be physically present at the shipping address when shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, the Military Postal Service, etc. Note if you use one of these locations as the shipping address, Leif’s Coins is not responsible. In addition, if the carrier returns the package to the sender due to no one being available to receive your package, we will not accept responsibility if something goes wrong in the return to sender process. This includes the package not making it back to our distribution center, damage or missing contents, etc.
Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.
Delivered but not received – Please note that Leif’s Coins will not be responsible for the reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified address. Any issues or problems with a shipment MUST be reported to Leif’s Coins within two (2) calender days of recorded delivery, else Leifs Coins may deny any claim.
Lost in Transit – Lost in transit is defined for the USPS as tracking not having updated in five (5) or more calendar days. FOr UPS & Fedex, it is three (3) calendar days. You must contact us within seven (7) days of most recent tracking for USPS and three (3) days of most recent tracking for UPS & Fedex. If you do not contact us by these timeframes, insurance will not cover the package.
Missing or Damaged Contents – This is defined as packages that arrive to you with missing items, wrong items, or damaged items. You must notify us within 48 hours of the delivery timestamp on the tracking. Failure to do so will result in loss of insurance coverage.
For any of these issues, Leif’s Coins assumes responsibility to pursue any claim with the insurance company; provided that you agree to cooperate with us in filing s claim for damaged/lost merchandise in any manner we may reasonably request, including signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.
Each product that Leif’s Coins sells is subject to all United States export laws. Therefore, no products may Be exported or re-exported into, or to a national residence of, Cuba, Iran, North Korea, Syria, or and other country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone in the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
Leif’s Coins may provide you with the ability to submit user generated content to the website, which may include but not be limited to product reviews. Except as otherwise licensed herein, you own all the in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the website’s associated services. User Generated Content posted to public areas of the website,
including as product reviews, will be publicly visible to all visitors of the website. You expressly acknowledge, however, that Leif’s Coins does not guarantee confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the website, you grant Leif’s Coins a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes on the website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but not limited to, providing you or third parties with the website or its associated services, improving the website to its associated services, and archiving or making backups of the website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User generated Content to the website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content you submit to the website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statue, ordinance, treaty, or regulation, whether local, state, provincial, national or international.
You agree you are solely responsible for any User Generated Content you submit to the website. Leif’s Coins acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Leif’s Coins does not guarantee the confidentiality of any User Generated Content you share through the website with any third party.
Leif’s Coins reserves the rights to remove User generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates terms and conditions of this agreement. Leif’s Coins also reserves the right to terminate a user’s access to the website for any reason, including, but not limited to, for reportedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this agreement, or for no reason, and without prior notice.
Either Leif’s Coins or you may terminate this agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this agreement shall not affect the rights and the obligations of Leif’s Coins or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Leif’s Coins will result in termination of services as deemed appropriate by Leif’s Coins.
You acknowledge and agree that Leif’s Coins is an interactive computer service provider under Section 230 of the Communications Decency Act. Through Leif’s Coins may edit, remove , or control the content displayed through the website, you agree that Leif’s Coins will not be considered an onfrmation content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the website or otherwise.
Overall, the website may contain links to third party websites, applications, or services that Leif’s Coins does not own or control. You agree that Leif’s Coins will not be held responsible or liable for the content of third-party websites, applications, or services.
The views and opinions of users, contributors, and others expressed on this website do not necessarily state or reflect those of Leif’s Coins.
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 Leif’s Coins. You, and not Leif’s Coins, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable 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 Leif’s Coins that you have sufficient experience and knowledge to make informed financial decisions and that Leif’s Coins is not making and recommendation with respect to such purchases and/or such sales.
Leif’s Coins provides the website, the products, and services on an “as is” and “as available” basis. Leif’s Coins 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. Leif’s Coins makes no warranties other than those made expressly in this agreement, and thereby disclaims and and all implied warranties, including without limitation, warranties of or for a particular purpose, merchantability and non infringement.
Leif’s Coins will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. Leif’s Coins is a retail provider and does not assume responsibility for any error, commission, interruption, delection, defect, destruction of identity, unauthorized access to an account, or alteration thereof. Leif’s Coins reserves the right to discontinue the website at any time.
Leif’s Coins will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time.
This website may contain forward looking statements that reflect Leif’s Coins current expectations 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 Leif’s Coins control.
Please remember to always consult with your investment and financial advisor prior to purchasing.
All products are subject only to any applicable warranties. To the fullest permissible by applicable law, Leif’s Coins hereby disclaims all warranties of any kind, either express 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.
Leif’s Coins specifically disclaims any liability or responsibility for orders or sell-to-us sales placed via the Leif’s Coins 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 Leif’s Coins online order entry system, the website, and/or related products/services. Leif’s Coins shall not be responsible for errors, negligence, or inability to execute orders. Further, Leif’s Coins shall not be responsible 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 Leif’s Coins reasonable control.. Leif’s Coins specifically disclaims any liability for the interruption, cancellation, or other termination of the Leif’s Coins online order entry system.
The website may contain technical inaccuracies or typographical errors or omissions. Leif’s Coins is not responsible for any such typographical, technical, or pricing errors listed on the website.
Some jurisdictions do not allow the exclusion of limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.
You agree to defend, indemnify and hold Leif’s Coins and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from 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 this agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Leif’s Coins, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Leif’s Coins may, in its sole and absolute discretion, control the 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 Leif’s Coins consent.
You are hereby agreeing to release Leif’s Coins and its subsidiaries, affiliates, officers, 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.
The sole relationship between you and Leif’s Coins is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchise-franchisor, joint venture, or any partnership relationship exists.
Upon your failure to comply with your duties and obligations to Leif’s Coins, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Leif’s Coins 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 Leif’s Coins 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 you fail to comply with this agreement, you expressly authorize and grant to Leif’s Coins the right to charge your credit card for any and all market losses incurred by Leif’s Coins, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Leif’s Coins as a result of price and market fluctuations for which you did not fulfill.
You may not assign this agreement, including your related rights and/or obligations, without express prior written consent of Leif’s Coins. Such consent may be granted or withheld by Leif’s Coins at its sole and absolute discretion. This agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and leif’s Coins.
You acknowledge and understand if Leif’s Coins and/or the website are unable to provide the products and/or services as a result of a force majeure event, Leif’s Coins and/or the website will not be in breach of any of its obligations to you under this agreement. A force majeure event means any event beyond the control of Leif’s Coins and/or website. Leif’s Coins 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 such failure is a result of a force Majeure event.
You warrant and agree that you have the right and legal capacity to enter into this agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least (130 years of age, you must present this agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the website and/or related services.
You warrant and represent that any and all information you provide to Leif’s Coins and the website is accurate and valid. You agree to comply in good faith with the terms and conditions of this agreement.
You will not use this website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the internet, you agree to comply with all laws and rules where you reside and here and in the US when you use 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 this agreement or otherwise, except as expressly set forth in this agreement. 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 this agreement. You may attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of this website and 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, 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 bits, trojan horses, harmful code, flood pings, denial of service attacks, packets 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 Leif’s Coins 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 this agreement.
Except as set forth elsewhere in this agreement, this agreement, the entire relationship between you and Leif’s Coins, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this agreement shall be controlled and governed by, and enforced in accordance with, the applicable laws of the United States of America and the State of Florida, including the laws in the State of Florida relating to the statue of limitations, without regard to the State of Florida conflicts of laws provisions.
Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.
Waiver of Jury Trial. You and Leif’s Coins each agree to waive the right to a trial by judge or jury for all disputes, except for disputes relating to the enforcement or infringement of your or our intellectual property Rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets and patents.) Such disputes include, but shall not be limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and Leif’s Coins agree not to combine a dispute that is subject to arbitration under this agreement and a dispute that is not eligible for arbitration under this agreement.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not as a class basis. Claims of more than one customer or user cannot be arbitrated jointly or consolidated with those or any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.
Required Use of JAMS. You agree that the arbitration will be administered by JAMS mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Minimum Standards in effect at the time the arbitration is initiated (collectively the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at www.jamsadr.com. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules.
Initiating Arbitration. If you intend to seek arbitration you must first send a written notice (“the notice”), by certified US mail to the following:
Leif’s Coin & Jewelry, Inc.
Attn: Legal Department
9331 Tamiami Trail N. #8
Naples, FL. 34108
If Leif’s Coins intends to seek arbitration, Leif’s Coins will send notice to the current address on your account with Leif’s Coins. The notice must describe the nature and basis of the claim and the specific relief sought. If you and Leif’s Coins cannot reach an agreement within thirty (30) days from the receipt of notice, either party may initiate arbitration proceedings.
Place File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Leif’s Coins agee and consent that such disputes will be resolved in the federal or state courts in the State of Florida, as applicable, and that you and Leif’s Coins agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of Florida.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Leif’s Coins.
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.
This agreement constitutes the entire agreement between you and Leif’s Coins and governs your use of the website, superseding and prior agreements.
Leif’s Coins hereby incorporates its Privacy Policy and its Copyright Policy into this agreement. This agreement and incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between parties with respect to the use of the website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Leif’s Coins.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This website is not directed to persons under the age of eighteen (18) and Leif’s Coins will not knowingly collect personally identifiable information from children under the age of eighteen (18), In compliance with Children’s Online Privacy Protection Act (COPRA), we do not knowingly collect such information, Leif’s Coins will delete the personal identifiable information in accordance with its security protocols.
All rights not expressly granted herein are reserved to Leif’s Coins.
Use of the website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this agreement. 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.
Certified Coin Dealers
EXT since 2008
9331 Tamiami Trail N, Naples, FL 34108
Leifs Coin shop is located in Naples Florida next to Mercato Shops. Our coin store is not located in Fort Myers or Gulf Coast Town Center Mall.