E.ScottCoins.com Terms-of-Use Agreement/Privacy Policy

E.SCOTTCOINS.COM RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION. 

E.ScottCoins.com is the provider of the Website, which may connect you with sellers of numismatic items as titled in the Website categories list, (hereinafter referred to as "Item(s)") through a posting on the Website (hereinafter referred to as a "Listing") as a service to its users. E.ScottCoins.com cannot be held responsible for any transaction entered into, or not, as a result of any party’s use of the Website, including without limitation any successful or unsuccessful sale of any Item(s). Though E.ScottCoins.com provides tools and services through the Website that may aid you in your purchase of the Item(s) or aid you in finding a listing of any Item(s) for sale, it does not oversee transactions or guarantee the reliability of the representations made including, without limitation, by those listing any Item(s) on the Website.  You use the Website at your own risk and are advised to use caution and common sense when contracting with any party for the purchase of any Item(s) through the Website.

Warranties and Representations

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement.  You warrant and agree that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search-engine spiders.  You warrant and agree that you will access the Website from your own computer or mobile device, or one to which you have lawful access, and that you will not impersonate any person or entity or forge any identifiers of origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply, in good faith, with the terms of this Agreement.

Acceptable Use

E.ScottCoins.com hereby grants you a limited, non-exclusive, royalty-free, revocable, and non-sublicensable license to use the Website for its lawful and intended purposes.  You are expressly prohibited from using the Website outside of the uses stated in this Agreement.

The Website, including but not limited to any text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features, as well as its associated data and services, is the property, by license or otherwise, of E.ScottCoins.com and may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse-engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of E.ScottCoins.com or its rightful owner.  The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly-available archives that appropriately comply with E.ScottCoins.com robots.txt file.

User Accounts

E.ScottCoins.com provides you with the ability to create a User Account with the Website, which may provide you with access to additional areas or features of the Website which are not available to unregistered users.

By creating a User Account, you agree that EScottCoins.com may contact you by any available means, including but not limited to email. 

You are responsible for your User Account and for any and all access thereto, whether authorized or unauthorized.  You agree that it is your responsibility to keep your User Account secure from unauthorized access.  In the event your User Account is accessed without your authorization, you agree to immediately provide notice to E.ScottCoins.com. You have a duty to and agree to ensure that the information that you provide through your User Account is truthful, current, complete, and accurate.  You understand and agree that you have an ongoing duty to update and keep current the information provided through your User Account if and when that information changes.

E.ScottCoins.com reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion.

E.ScottCoins.com may provide owners of User Accounts with services and tools through the Website. EScottCoins.com provides these services and tools on an “as-is” basis and without warranty of any kind. You understand and agree that E.ScottCoins.com makes no representations or warranties as to these services or tools and that you use these services or tools at your own risk.

You represent and warrant that you will not, through your User Account, (i) violate any term or condition of this Agreement; (ii) violate any applicable law, regulation, license limitations, statute, ordinance, or treaty; (iii) contribute false, inaccurate, or misleading information to the Website; or (iv) violate the rights of third parties, including trademark rights, copyright rights, patent rights, and rights of privacy or publicity.

E.ScottCoins.com reserves the right, within its sole and absolute discretion, to disable, delete, restrict access to, or ban any User Account that violates any of the above.  E.ScottCoins.com has the right, but has no obligation, to monitor the information submitted through User Accounts. E.ScottCoins.com may replace, modify, or delete this information at any time and in its sole discretion.

Limitations on Use

You are hereby prohibited from using the trademarks, service marks, designs, and logos of E.ScottCoins.com, or the Website, or any colorable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion, without the prior written consent of E.ScottCoins.com. The Website is subject to all intellectual property laws, including but not limited to trademark, copyright, and trade secret laws.

You are prohibited from using the Website for any use not explicitly stated in this Agreement.  Such unauthorized uses may include, but are not limited to:

·       Any commercial use, such as the resale or republication of the Website, excluding the commercial uses allowed by E.ScottCoins.com.

·       Any modification of the Website, including but not limited to translation into another computer language or the creation of derivative works from the Website;

·       Any use of the Website outside of its customary or intended purposes;

·       Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that threatens or encourages bodily harm or destruction of property;

·       Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual-property infringement, false advertising, or defamation;

·       Any use of the Website to defraud, to impersonate, to harass, to participate in or promulgate Ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial emails, or to collect personal or personally-identifiable information from the users of the Website without their knowledge or consent;

·       Any failure to deliver payment for items purchased by you;

·       Any manipulation of the price of any item or interference with a listing;

·       Any posting or distribution of spam, distribution of viruses, or harvesting of user information or content; or

·       Any other activity that disrupts the Website or its associated services, including but not limited to through hacking or denial of service attacks.

Term and Termination

E.ScottCoins.com may terminate this Agreement without liability at any time, without notice, for any reason, including if the user is in default of this Agreement or if the user does not comply with the terms of this Agreement.

Disclaimer of Warranties

E.SCOTTCOINS.COM PROVIDES THE WEBSITE ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.  E.SCOTTCOINS.COM DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ERRORS, OMISSIONS, OR INACCURACIES.  E.SCOTTCOINS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES.  IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

E.SCOTTCOINS.COM IS NOT RESPONSIBLE FOR, AND WILL NOT BE HELD LIABLE FOR, ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE, WHETHER OR NOT THAT CONTENT IS TRANSMITTED BY OR BETWEEN OWNERS OF MEMBER ACCOUNTS. E.SCOTTCOINS.COM DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. E.SCOTTCOINS.COM RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT E.SCOTTCOINS.COM WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF THE USE AND LICENSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES.  SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES.  IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

E.ScottCoins.com does not transfer legal ownership of items from the seller to the buyer.  Unless the buyer and the seller agree otherwise, California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller.

Indemnification

You understand and agree that you will hold harmless and indemnify E.ScottCoins.com, including its members, agents, successors, assigns, independent contractors, and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorney fees, which may arise from your use of or access to the Website, your violation of any term or condition of this Agreement, your violation of the rights of a third party, or your violation of any applicable law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. This obligation to hold harmless and indemnify E.ScottCoins.com will survive the failure or termination of this Agreement or your use of the Website.

Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. E.ScottCoins.com may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Privacy Policy

E.ScottCoins.com hereby incorporates its Privacy Policy into this Agreement.

Additional Terms and Conditions

You understand and agree that E.ScottCoins.com principal place of business is Temecula, California, United States, for all legal and non-legal purposes.  You also agree that the Website is passive in nature and does not give rise to personal jurisdiction over E.ScottCoins.com in jurisdictions other than California.  The laws and legal principles of the province of California will govern this Agreement without regard to its conflicts-of-laws principles.  Any disputes arising out of or relating to this Agreement or your use of the Website will be decided exclusively by arbitration.

YOU AND E.SCOTTCOINS.COM AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT.  ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CALIFORNIA AND WILL BE HELD IN ACCORDANCE WITH THE MOST- RECENTLY-EFFECTIVE COMMERCIAL-ARBITRATION RULES RELEASED BY THE AMERICAN ARBITRATION ASSOCIATION.  THE ARBITRATOR WILL HAVE THE DISCRETION AND AUTHORITY TO AWARD COSTS AND ATTORNEY FEES TO THE PREVAILING PARTY AND WILL DECIDE THE ARBITRATION PROCEEDING UNDER THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF CALIFORNIA.  YOU AND E.SCOTTCOINS.COM AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT.  YOU AND E.SCOTTCOINS.COM AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement, as well as the Privacy Policy and Copyright Policy, incorporated by reference constitute the entire agreement between you and E.ScottCoins.com with respect to the Website.  You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement.  You understand and agree that any additional provisions that may appear in any communication from you will not bind E.ScottCoins.com.

The Website is not directed to persons under the age of eighteen (18), and E.ScottCoins.com will not knowingly collect personally-identifiable information from children under the age of eighteen (18).  If E.ScottCoins.com inadvertently collects personally-identifiable information, E.ScottCoins.com will delete the personally- identifiable information, upon discovery, in accordance with its security protocols.

E.SCOTTCOINS.COM AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.  FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

All rights not expressly granted herein are reserved to E.ScottCoins.com.

Contact

Any notice to E.ScottCoins.com shall be sent to the following:

E.ScottCoins.com, P. O. Box 37, Temecula, CA  92593-0037

(951) 587-2996

  EJ@EscottCoins.com