| RARE COIN WHOLESALERS' TERMS OF USE OF www.rcw1.com |
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This is a binding agreement. By using the Internet site
located at www.rcw1.com (the "Site") or any services provided in connection with the Site (the
"Service"), you agree to abide by these Terms of Use, as they may be amended by Rare Coin
Wholesalers ("Company") from time to time in its sole discretion. Company will post a notice
on the Site any time these Terms of Use have been changed or otherwise updated. It is your
responsibility to review these Terms of Use periodically, and if at any time you find these Terms
of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the
Site. COMPANY RESERVES THE RIGHT TO RESTRICT ACCESS TO THIS SITE AT
ITS SOLE DISCRETION. VIOLATION OF ANY OF THE TERMS OF USE OF THIS
SITE MAY RESULT IN A LOSS OF ACCESS TO THE SITE. YOU AGREE THAT BY
USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS
OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT
AND ANY TRANSACTIONS ON THE SITE.
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Company respects your privacy and permits you to control
the treatment of your personal information. A complete statement of Company's current privacy
policy is expressly incorporated into this Agreement by this reference
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When you are required to open an account to use or access
the Site or Service, you must complete the registration process by providing complete and
accurate information requested on the registration form. You will also be asked to provide a user
name and password. You are entirely responsible for maintaining the confidentiality of your
password. You may not use the account, username, or password of someone else at any time.
You agree to notify Company immediately of any unauthorized use of your account, user name,
or password. Company shall not be liable for any loss that you incur as a result of someone else
using your password, either with or without your knowledge. You may be held liable for any
losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and
representatives due to someone else's use of your account or password. Company reserves the
right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole
discretion.
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Company may make certain software available to you
from the Site. If you download software from the Site, the software, including all files and
images contained in or generated by the software, and accompanying data (collectively,
"Software") are deemed to be licensed to you by Company, for your personal, noncommercial,
home use only. Company does not transfer either the title or the intellectual property rights to the
Software, and Company retains full and complete title to the Software as well as all intellectual
property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you
decompile, reverse engineer, disassemble, or otherwise convert the Software to a humanperceivable
form. All trademarks and logos are owned by the Company or its licensors and you
may not copy or use them in any manner.
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You grant Company a license to use the materials you post
to the Site or Service. By posting, downloading, displaying, performing, transmitting, or
otherwise distributing information or other content ("User Content") to the Site or Service, you
are granting Company, its affiliates, officers, directors, employees, consultants, agents, and
representatives a license to use User Content in connection with the operation of the business of
Company, its affiliates, officers, directors, employees, consultants, agents, and representatives,
including without limitation, a right to copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for
any User Content. You agree that Company may publish or otherwise disclose you name in
connection with your User Content. By posting User Content on the Site or Service, you warrant
and represent that you own the rights to the User Content or are otherwise authorized to post,
distribute, display, perform, transmit, or otherwise distribute User Content.
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When
accessing the Site or using the Service, you agree to obey the law and to respect the intellectual
property rights of others. Your use of the Service and the Site is at all times governed by and
subject to laws regarding copyright ownership and use of intellectual property. You agree not to
upload, download, display, perform, transmit, or otherwise distribute any information or content
(collectively "Content") in violation of Company's or any third party's copyrights, trademarks, or
other intellectual property or proprietary rights. You agree to abide by laws regarding copyright
ownership and use of intellectual property, and you shall be solely responsible for any violations
of any relevant laws and for any infringements of Company's or third party's rights caused by any
Content you provide or transmit, or that is provided or transmitted using your User ID. The
burden of proving that any Content does not violate any laws or third party rights rests solely
with you.
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You shall not make the following types of
Content available. You agree not to upload, download, display, perform, transmit, or otherwise
distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or
regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
Company reserves the right to terminate your receipt, transmission, or other distribution of any
such material using the Service, and, if applicable, to delete any such material from its servers.
Company intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of these Terms of Use or of any applicable laws.
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Company has in place certain legally
mandated procedures regarding allegations of copyright infringement occurring on the Site or
with the Service. Company has adopted a policy that provides for the immediate suspension
and/or termination of any Site or Service user who is found to have infringed on the rights of
Company or of a third party, or otherwise violated any intellectual property laws or regulations.
Company's policy is to investigate any allegations or copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your rights or the rights of
a third party have been violated and you want Company to delete, edit, or disable the material in
question, you must provide Company with all of the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed; (b) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single notification, a representative
list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information
reasonably sufficient to permit Company to contact you, such as an address, telephone number,
and if available, and electronic mail address at which you may be contacted; (e) a statement that
you have 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 (f) a statement that the information
in the notification is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be
effective, you must provide it to Company's designated agent at:
Customer Service
Rare Coin Wholesalers
8105 Irvine Center Drive
Suite 440
Irvine, CA 92618
Telephone: (949) 679-1222 or toll free at (800) 347-3250
Facsimile: (949) 679-2227
RCWcoins@rcw1.com
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Company reserves the right to terminate your use
of the Service and/or the Site. To ensure that Company provides a high quality experience for
you and for other users of the Site and the Service, you agree that Company or its representatives
may access your account and records on a case-by-case basis to investigate complaints or
allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or
Service. Company does not intend to disclose the existence or occurrence of such investigation
unless required by law, but Company reserves the right to terminate your account or your access
to the Site immediately, with or without notice to you, and without liability to you, if Company
believes that you have violated any of the Terms of Use, furnished Company with false or
misleading information, or interfered with use of the Site or Service by others.
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COMPANY HEREBY DISCLAIMS ALL
WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT
WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE
OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
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COMPANY'S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY
BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST
DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS
OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless
of whether the damages arise out of breach of contract, tort, or any other legal theory or form of
action.
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Company has no control over, and no liability for any
third party websites or materials. Company works with a number of partners and affiliates whose
Internet sites may be linked with the Site. Because neither Company nor the Site has control
over the content and performance of these partner and affiliate sites, Company makes no
guarantees about the accuracy, currency, content, or quality of the information provided by such
sites, and Company assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites. Similarly, from time to time in
connection with your use of the Site, you may have access to content items (including but not
limited to websites) that are owned by third parties. You acknowledge and agree that Company
makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or
quality of this third party content, and that, unless expressly provided otherwise, these Terms of
Use shall govern your use of any and all third party content.
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Company imposes certain restrictions on your
permissible use of the Site and the Service. You are prohibited from violating or attempting to
violate any security features of the Site or Service, including, without limitation, (a) accessing
content or data not intended for you, or logging onto a server or account that you are not
authorized to access; (b)attempting to probe, scan, or test the vulnerability of the Service, the
Site, or any associated system or network, or to breach security or authentication measures
without proper authorization; (c) interfering or attempting to interfere with service to any user,
host, or network, including , without limitation, by means of submitting a virus to the Site or
Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site
or Service to send unsolicited e-mail, including without limitation, promotions or advertisements
for products or services; (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or in any posting using the Service; or (f) attempting to modify,
reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a humanperceivable
form any of the source code used by Company in providing the Site or Service. Any
violation of system or network security may subject you to civil and/or criminal liability.
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You agree to indemnify Company for certain of your acts and
omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers,
directors, employees, consultants, agents, and representatives from any and all third party claims,
losses, liability, damages, and/or costs (including reasonable attorney's fees and costs) arising
from your access to or use of the Site, your violation of these Terms of Use, or your
infringement, or infringement by any other user of your account, of any intellectual property or
other right of any person or entity. Company will notify you promptly of any such claim, loss,
liability, or demand, and will provide you with reasonable assistance, at your expense, in
defending any such claim, loss, liability, damage or cost.
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All contents of the Site or Service, including but not limited to
text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations
are: Copyright © 2008 Rare Coin Wholesalers, 8105 Irvine Center Drive, Suite 440, Irvine, CA 92618. All
rights reserved.
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These Terms of Use shall be construed in accordance with
and governed by the laws of the United States and the State of California, without reference to
their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive
jurisdiction of the state or federal courts in Orange County, California, USA, in all disputes
arising out of or related to the use of the Site or Service.
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If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and effect. No waiver of any
breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent,
or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective
unless made in writing and signed by an authorized representative of the waiving party.
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Nothing contained on the Site should be understood as granting
you a license to use any of the trademarks, service marks, or logos owned by Company or by any
third party. You may not download (other than page caching) or modify the website, or any
portion thereof, without the express written consent of Company. You may not use the Site or
any of the contents thereof for resale, republication, or other commercial uses, including but not
limited to: any collection and use of any product listings, descriptions, or prices; any derivative
use of the Site or its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering and extraction
tools. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or
otherwise exploited for any commercial purpose without express written consent of Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including but not limited to images, text, page layout, or form) of
Company or its affiliates without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Company's name or trademarks without the express written consent
of Company. You are granted a limited, revocable, non-exclusive right to create a hyperlink to
the home page of Company so long as the link does not portray Company or its products or
services in a false, misleading, derogatory, or otherwise offensive manner. No "deep-linking" is
permitted. You may not use any Company logo or other proprietary graphic or trademark as part
of the link without express written consent of Company.
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Company makes every effort to
ensure that the information contained on the Site, including but not limited to product
descriptions and pricing, are accurate. However, Company does not warrant that information
contained on the Site, including such product descriptions and pricing, are accurate, complete,
reliable, current, or error-free. Prices set forth in the Site may not reflect current market prices of
certain items.
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Company makes every effort to
ensure that the information contained on the Site, including but not limited to product
descriptions and pricing, are accurate. However, Company does not warrant that information
contained on the Site, including such product descriptions and pricing, are accurate, complete,
reliable, current, or error-free. Prices set forth in the Site may not reflect current market prices of
certain items.
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The Site is controlled and operated by Company
from its offices in the State of California. Company makes no representation that any of the
materials or the services to which you have been given access are available or appropriate for use
in other locations. Your use of or access to the Site should not be construed as Company's
purposefully availing itself of the benefits or privilege of doing business in any state or
jurisdiction other than California.
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Company may, in its sole discretion and without prior
notice, (a) revise these Terms of Use; (b) modify the Site and/or Service; and (c) discontinue the
Site and/or Service at any time. Company shall post any revision to these Terms of Use to the
Site, and the revision shall be effective immediately on such posting. You agree to review these
Terms of Use and other online policies posted on the Site periodically to be aware of any
revisions. You agree that, by continuing to use or access the Site following notice of any
revision, you shall abide by any such revision. Terms of Use were last updated on February 13,
2008.
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