By using the website www. MarengoCoins.com and other services provided by Marengo Coin, including making purchases from Marengo Coin, making sales to Marengo Coin and placing orders with Marengo Coin, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with Marengo Coin you must read and accept all of the terms in the User Agreement. Marengo Coin strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available by hyperlink.
This User Agreement is effective on January 1, 2010, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders. You may make purchases, sell to and order from Marengo Coin only in accordance with the Ordering Policy and Procedures.
Disclaimers. You are subject to the Disclaimers that have been made by Marengo Coin, which Marengo Coin encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Marengo Coin.
In addition, you represent and warrant to Marengo Coin that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Marengo Coin. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Marengo Coin is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Marengo Coin, and you expressly acknowledge that Marengo Coin is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Risks. All investments involve risk - coins and bullion are no exception. The value of a bullion coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Indemnification. You shall indemnify and hold harmless Marengo Coin and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Marengo Coin or (b) your failure to comply with this User Agreement or the policies adopted by Marengo Coin.
Limitation of Liability. You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Marengo Coin.
In the event that, notwithstanding such limitations of liability, Marengo Coin is determined to be liable to you in connection with any transaction between Marengo Coin and you pursuant to this User Agreement, the liability of Marengo Coin to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Marengo Coin shall not, in any event, be liable for any consequential, exemplary or indirect damages.
By purchasing from, making sales to or ordering from Marengo Coin, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Termination. Either Marengo Coin or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Marengo Coin and you with respect to the period prior to the termination.
Default; Rights and Remedies. Upon any failure by you to comply with your obligations to Marengo Coin, Marengo Coin shall have all of the rights and the remedies available to Marengo Coin, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Marengo Coin may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Marengo Coin in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Marengo Coin of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to Marengo Coin, in the event of any failure by you to comply with this User Agreement, Marengo Coin may charge the credit card on which you have provided Marengo Coin including, without limitation, any and all market losses incurred by Marengo Coin including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize Marengo Coin to charge your credit card for all of such amounts.
Our “Market Loss Policy” (Ask to ask policy).
When purchasing from Marengo Coin, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Marengo Coin.
When selling to Marengo Coin, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $35.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Marengo Coin.
In addition to the other rights and remedies available to Marengo Coin, in the event of any failure by you to comply with this User Agreement, Marengo Coin may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
In addition to the other rights and remedies available to Marengo Coin, Marengo Coin may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Marengo Coin and may offset any monetary obligations that Marengo Coin has to you against your monetary obligations to Marengo Coin. Marengo Coin may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Marengo Coin in such manner as Marengo Coin determines to be appropriate.
Absence of Relationship. The sole relationship between Marengo Coin and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchiser relationship, any joint venture relationship or any partnership relationship, between Marengo Coin and you exists.
Assignment. You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Marengo Coin, which may be granted or withheld by Marengo Coin in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Marengo Coin and you.
Costs and Expenses of Collection. In the event that Marengo Coin must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Marengo Coin, including, without limitation, reasonable attorneys’ fees, in connection with such action.
Dispute Resolution. It is the common goal of Marengo Coin and you that any disagreement or dispute between Marengo Coin and you be resolved expeditiously. Marengo Coin and you agree that all disagreements and disputes between Marengo Coin and you be resolved in accordance with the following paragraphs:
Forum Selection. The federal and state courts located in McHenry County, Illinois shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law. This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Illinois, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration. BOTH MARENGO COIN AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Marengo Coin and you also waive any arbitration requirements to which they might otherwise be subject.
Force Majeure. If Marengo Coin can not perform any obligation hereunder as a result of any event that is beyond its control, Marengo Coin delay or failure to perform such obligation shall be excused and Marengo Coin shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances. You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Marengo Coin to carry out this User Agreement.
Notices. Except as otherwise provided in this User Agreement, all notices and other communications to Marengo Coin shall be directed to the registered agent of Marengo Coin Shop in the State of Illinois and all notices and other communications to you shall be directed, at the option of Marengo Coin, to the address that you provided to Marengo Coin at the time of your registration.or to the email address that you provided to Marengo Coin at the time of your registration.
Recording of Phone Conversations. Marengo Coin may record phone conversations between Marengo Coin and you. You consent to the recording of such phone conversations.
Absence of Waivers. A decision or a failure by Marengo Coin to take action with respect to any non-compliance with this User Agreement does not affect the ability of Marengo Coin with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
Section Headings. The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
Severability. This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment. Marengo Coin may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
This User Agreement may not be otherwise amended except by written agreement between Marengo Coin and you.
This User Agreement sets forth the entire understanding between Marengo Coin and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Marengo Coin at 1-800-308-4307.