Terms of Service
By using the website www.MonarchMint.com or www.MonarchSilver.com or www.MonarchPreciousMetals.com and other services provided by Monarch Precious Metals LLC, including placing orders with Monarch Precious Metals LLC, you are agreeing to the following terms. 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 from Monarch Precious Metals LLC you must read and accept all of the terms in the Terms of Service.
These Terms of Service are effective on January 1, 2009, 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.
Price Confirmations and Binding Agreement
Once you have placed an order to buy with Monarch Precious Metals LLC, you have entered into a binding agreement.
When ordering online, the price at which your order is submitted is the locked-in price. Your confirmation number will be in your return email.
Monarch Precious Metals LLC reserves the right to refuse an order when the confirmed price is incorrect due to computer-related problems, pricing error, incorrect item descriptions or sudden movements in the precious metals market. Furthermore, we reserve the right to refuse or cancel any order deemed questionable, suspicious or of significant risk to Monarch Precious Metals LLC regardless of payment method and price confirmation.
Payment to Monarch Precious Metals LLC must be provided using a credit card, debit card, bank wire, cashiers check, money order, personal check, bill pay check, or cash in U.S. funds. Credit card orders for any amounts are reviewed on an order by order basis. Large credit card orders may be subject to additional documentation or screening and are subject to our approval.
Payment instructions will be issued on the final page of your ordering process and again by email after you place your order. Monarch Precious Metals LLC does not accept C.O.D. orders.
You are subject to the following disclaimers and policies adopted by Monarch Precious Metals LLC.
You represent and warrant to Monarch Precious Metals LLC that you have sufficient experience and knowledge to make informed decisions to purchase from Monarch Precious Metals LLC. You expressly acknowledge that you are making all of your own decisions in connection with purchases and that Monarch Precious Metals LLC is not making any recommendation with respect to such purchases. You also expressly acknowledge that you are subject to a variety of risks which are beyond the control of Monarch Precious Metals LLC and you expressly acknowledge that Monarch Precious Metals LLC 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.
Electronic order entry risk disclosure and disclaimer
Monarch Precious Metals LLC specifically disclaims any liability or responsibility for orders placed via the Monarch Precious Metals LLC online order entry system, for any losses or direct, indirect, consequential or incidental damages which you may recognize or incur as a result of the use of the Monarch Precious Metals LLC online order entry system. Further, Monarch Precious Metals LLC specifically disclaims any liability for the interruption, cancellation or other termination of the Monarch Precious Metals LLC online order entry system.
Limitation of Liability
All orders placed through the order entry system are taken on a best efforts basis. Monarch Precious Metals LLC shall not be responsible for errors, negligence or inability to execute orders. Nor shall Monarch Precious Metals LLC be responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Monarch Precious Metals LLC reasonable control or anticipation.
Possible system failure
Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Monarch Precious Metals LLC. The customer acknowledges having read and understands the order entry system risk disclosure and disclaimer.
Use of "cookies"
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.
If you are having problems logging in or the system cannot seem to find your username or password, please check your browser settings and/or any kind of cookie blocker you may have installed on your system and make sure it is allowing our website to set a cookie on your browser. This is the most common problem customers have when they are not able to log in to websites.
All investments involve risk - coins and bullion are no exception. The value of a bullion coin 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.
You shall indemnify and hold harmless Monarch Precious Metals LLC 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 Monarch Precious Metals LLC or (b) your failure to comply with this Terms of Service or the policies adopted by Monarch Precious Metals LLC.
Limitation of Liability
You are subject to the limitations of liability contained in these Terms of Service and the other policies adopted by Monarch Precious Metals LLC.
In the event that, notwithstanding such limitations of liability, Monarch Precious Metals LLC is determined to be liable to you in connection with any transaction between Monarch Precious Metals LLC and you pursuant to this Terms of Service, the liability of Monarch Precious Metals LLC to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $50. Monarch Precious Metals LLC shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Monarch Precious Metals LLC respects your privacy. Monarch Precious Metals LLC does not sell, rent, or loan any identifiable information regarding its customers to any third party. Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented.
Monarch Precious Metals LLC has security measures in place to protect the loss, misuse and alteration of the information under our control. We use only the highest industry standard secure server (SSL) for transferring information across the internet. All Monarch Precious Metals LLC employees are aware of our security policies. Customer information is made available only to selected employees who need to have access to it in order to complete your order.
Use of Information Gathered
Monarch Precious Metals LLC will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. Examples of such information are: name, postal address, email address, and phone number. This is needed in order to complete your orders.
Subject to Applicable Laws and Regulations
Monarch Precious Metals LLC may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from Monarch Precious Metals LLC. All of these policies may be amended or terminated, at any time and from time to time, by Monarch Precious Metals LLC and such amendments and such terminations will take effect when posted on the website. By purchasing from or ordering from Monarch Precious Metals LLC, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Either Monarch Precious Metals LLC or you may terminate these Terms of Service, with or without cause, at any time by written notice to the other party. The termination of these Terms of Service shall not affect the rights and the obligations of Monarch Precious Metals LLC 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 Monarch Precious Metals LLC, Monarch Precious Metals LLC shall have all of the rights and the remedies available to Monarch Precious Metals LLC, whether at law, in equity or otherwise, including, without limitation, rights and remedies under these Terms of Service. Without limiting its rights and its remedies, Monarch Precious Metals LLC may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Monarch Precious Metals LLC 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 Monarch Precious Metals LLC 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 remedies available to Monarch Precious Metals LLC, Monarch Precious Metals LLC may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Monarch Precious Metals LLC and may offset any monetary obligations that Monarch Precious Metals LLC has to you against your monetary obligations to Monarch Precious Metals LLC. Monarch Precious Metals LLC 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 Monarch Precious Metals LLC in such manner as Monarch Precious Metals LLC determines to be appropriate.
Absence of Relationship
The sole relationship between Monarch Precious Metals LLC and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Monarch Precious Metals LLC and you exists.
You may not assign these Terms of Service or any of your rights or your obligations under these Terms of Service without the prior written consent of Monarch Precious Metals LLC, which may be granted or withheld by Monarch Precious Metals LLC in its sole discretion. These Terms of Service shall be binding on all permitted assigns and successors of Monarch Precious Metals LLC and you.
Costs and Expenses of Collection
In the event that Monarch Precious Metals LLC must take any action against you to enforce your obligations under these Terms of Service, 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 Monarch Precious Metals LLC, including, without limitation, reasonable attorneys’ fees, in connection with such action.
It is the common goal of Monarch Precious Metals LLC and you that any disagreement or dispute between Monarch Precious Metals LLC and you be resolved expeditiously. Monarch Precious Metals LLC and you agree that all disagreements and disputes between Monarch Precious Metals LLC and you be resolved in accordance with the following paragraphs:
The federal and state courts located in Jackson County, Oregon 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.
These Terms of Service shall be governed by, and interpreted in accordance with, the laws of the State of Oregon, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration
BOTH Monarch Precious Metals LLC AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION WITH, THESE TERMS OF SERVICE AND THE TRANSACTIONS UNDER THESE TERMS OF SERVICE. Both Monarch Precious Metals LLC and you also waive any arbitration requirements to which they might otherwise be subject.
If Monarch Precious Metals LLC cannot perform any obligation hereunder as a result of any event that is beyond its control, Monarch Precious Metals LLC’s delay or failure to perform such obligation shall be excused and Monarch Precious Metals LLC shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Monarch Precious Metals LLC to carry out these Terms of Service.
Absence of Waivers
A decision or a failure by Monarch Precious Metals LLC to take action with respect to any non-compliance with these Terms of Service does not affect the ability of Monarch Precious Metals LLC with respect to any other non-compliance with these Terms of Service, whether of a similar or dissimilar nature.
The section headings are included for ease of reference and do not affect the interpretation or the scope of these Terms of Service.
These Terms of Service are intended to be enforceable to the fullest extent permitted by applicable law. If any term of these Terms of Service are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of these Terms of Service and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Monarch Precious Metals LLC may amend these Terms of Service at any time by posting the amended terms on the website. Except as otherwise provided in the Terms of Service, the amended terms will become automatically effective 30 days after their initial posting on the website. These Terms of Service may not be otherwise amended except by written agreement between Monarch Precious Metals LLC and you.
These Terms of Service set forth the entire understanding between Monarch Precious Metals LLC and you with respect to the subject matter of these Terms of Service.