As used in this User Agreement, the term "Gainesville" or "we" or "us" shall mean Gainesville Coins, LLC and the term “you” or “user” or “customer” shall mean any customer who orders from us and any user of this website.
Before you may place orders to purchase and/or to sell with us, you must read and accept all of the terms in this User Agreement.
We reserve the right to change this User Agreement at any time. Any changes will be posted on our website and, except when otherwise noted, all changes will take effect immediately upon their posting.
Many coins are graded and authenticated by third party services. However, certification does not eliminate market risk nor guarantee associated risk with the grading of coins.
You expressly acknowledge that we do not give any investment advice, recommendations and/or guarantee profits and you shall be solely responsible for making any decision to purchase and/or sell coins. In addition, you represent and warrant to Gainesville that you have sufficient knowledge and experience to make informed decisions to purchase from and/or sell to Gainesville. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Gainesville, and you expressly acknowledge that Gainesville 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, you understand and acknowledge that you may not be able to liquidate any purchased products or liquidate the purchased products at prices acceptable to you.
We advise you that prior performance cannot be used to predict future value of coins. In making any decision to buy coins you should view such decision strictly in context of purchasing such coins as a collector of coins and any investment advice should be obtained by your own financial expert.
All investments involve risks – coins and bullion are no exception. You are reminded that the coin market is volatile and coin prices will fluctuate. The value of a coin is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins among other factors. Consequently, you can lose or gain on your principal and the resale value of your coin(s) may or may not be equal to the original purchase price. Therefore, investing in these coins may not be suitable for everyone. You should consult with your advisors to ensure you have adequate cash reserves and disposable income before considering a bullion or coin investment.
While we strive to keep our prices and inventory current, variances may occur due to changing market conditions, coin availability, and/or typographical errors. All orders will be confirmed prior to finalizing the sale.
Coin prices based upon spot price are automatically recalibrated as often as every minute and at checkout.
As the markets are constantly moving, the final price for an item will be determined at the time of checkout.
Please Note: All coins are subject to market fluctuation prior to sale. We are not responsible for typographical errors and reserve the right to refuse, void or cancel a sale at our discretion, including if an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Market volatility or problems updating this website may result in inaccurate pricing resulting in a canceled transaction. By using our services, you acknowledge that certain market conditions or other disruptions, such as technological difficulties, may result in you being unable to buy or sell products on a timetable or at a price that is acceptable to you. You agree not to hold Gainesville liable or responsible for any orders placed via its online order system, disruptions, or termination of that system, or for any losses, or damages you may incur as a result of using Gainesville’s order system.
If you do not receive an order confirmation number for a website order, the order did not go through and it is not confirmed.
If an order is placed for an item that is out of stock, Gainesville will refund to you the full value of the purchased item(s).
Orders may not be combined for shipping purposes.
Gainesville Coins reserves the right to cancel or refuse any order.
If you receive an error message on the website when trying to submit an order, this is due to your credit card being rejected by our merchant processor. When this occurs your order is not processed and Gainesville DOES NOT have a record of your attempted transaction. Even though this charge did not go through our processor, there is a chance that your issuing bank has still approved the charge. When your issuing bank approves a charge that has been rejected by our processing company, they will hold the funds as pending for forty-eight (48) to seventy-two (72) hours. After this time, they will release the funds back into your account. If you attempt to place your order again and it still does not go through, each failed attempt may result in pending money being held by your issuing bank for the normal time period. When this occurs, Gainesville at NO time has access to your funds and we will not have a record of your attempted purchase. If you still wish to make a purchase, you will need to contact us by phone and lock in a new order at current website prices.
When purchasing from Gainesville, 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 if your item(s) is cancelled or returned (the “Market Loss Policy”). That amount will be charged to you, plus a five percent (5%) cancellation/restocking fee for domestic U.S. transactions (and a ten percent (10%) cancellation/restocking fee for international transactions), along with any applicable shipping charges. You understand and agree that any market gain on cancellations or returns shall remain the property of Gainesville.
Gainesville DOES NOT accept checks, ACH transfers or cash. The only exception is payments made in our showroom which can be made in cash if paid in full at the time of purchase.
If a customer places multiple orders and pays for one of the orders and not the others, Gainesville reserves the right to use the money that was paid to us for any of your orders and apply these funds to all unpaid orders to cover the five percent (5%) restocking fees (or ten percent (10%) for international transactions) as well as any and all market loss in accordance with our Market Loss Policy. Any remaining balance will be returned to the customer. Customer is not entitled to any market gain.
If payment is not made in the allotted time frame, or the customer cancels the order, Gainesville may turn the account over to our collection agency and you acknowledge and agree that you will be responsible for all fees and expenses associated with the collection of the owed debt, including attorneys’ fees and court costs.
Gainesville accepts payment by either credit card (for domestic transactions only) or payment by bank wire.
Credit Card Payments.
All orders placed with credit cards must be shipped to the verified credit card billing address. Orders will be held until this information is verified.
Due to high levels of credit card fraud, Gainesville reserves the right to deny or cancel any order that does not clear/meet our credit card security requirements. Furthermore, any order that is deemed fraudulent or of suspicious origin will be reported to authorities and the responsible individual(s) may be prosecuted to the fullest extent of the law.
Please note: for Credit Purchases our internal security department may request further information to verify your charge prior to the order being processed and shipped from our facility. This information may include a faxed copy of the credit card used at the time of purchase and/or a valid driver's license. In addition, we may request a Utility Bill or bank/credit card statement to validate the billing address associated with the charge. If this information is requested by Gainesville Coins and the customer refuses to provide documentation, Gainesville Coins reserves the right to cancel the order and all applicable cancellation fees apply. The customer will be responsible for the 5% cancellation fee in addition to any market loss associated with the order.
If the customer delays providing any documentation requested, your order will be delayed past the estimated processing and shipping time listed on each individual product. If the customer refuses to provide the documentation requested or fails to cooperate with the verification process, the customer will have the ability to send a bank wire transfer within 24 business hours for the order. The bank wire must be initiated within 24 business hours after receiving the approval/email from Gainesville Coins. The prices will not be adjusted due to the processing fees associated with the credit card charge. If the customer refuses to send the bank wire, the order will be cancelled and the applicable cancellation fees with apply.
In addition, the Gainesville Coin's security department performs routine calls to credit card companies to verify charges. Most of the time, a conference call is not required to complete the verification. If a conference call is required to verify the charge, the customer must cooperate until the verification process is complete. If the customer refuses to verify the charge on a conference call, the customer then has the option to send a bank wire for the purchase. If the charge is not verified and the bank wire payment not sent, the order will be cancelled and all applicable cancellation fees applied.
Bank Wire Payments.
If you choose to pay by bank wire, Gainesville requires a five percent (5%) credit card authorization for domestic transactions (see below for international transactions). Gainesville must receive bank wire payments for the full order amount within the earlier of twenty-four (24) hours of sale confirmation or the following business day. Once the bank wire is received for the full amount, the five percent (5%) credit card authorization will be voided. NO coins will be shipped from Gainesville until payment for said coins is received in full. If the bank wire payment is not received within the stated time frame, Gainesville Coins reserves the right to cancel the order confirmation. Due to non-payment, the five percent (5%) authorization will be captured in accordance with our cancellation policy. This will represent the five percent (5%) cancellation fee and the customer will still be responsible for the market loss that associated with the order.
Bank wire transfers must include your name as well as your address (including city, state, and zip code). If for whatever reason an address is not present on the wire transfer, your order will not be authorized by our security department for shipment and your money will be immediately refunded unless a notarized document is sent confirming the information.
PLEASE NOTE OUR LEGAL DEPARTMENT REQUIRES GAINESVILLE COINS TO SHIP TO THE ADDRESS REFERENCED ON YOUR ORDER CONFIRMATION. IF YOU SELECTED AN ALTERNATE SHIPPING ADDRESS ON CHECKOUT STEP 1 "PERSONAL INFO", YOUR ORDER WILL BE SHIPPED ACCORDING TO YOUR REQUEST. IF YOU SELECTED SAME AS BILLING THE ORDER WILL BE SHIPPED TO THE BILLING ADDRESS PROVIDED. ONCE YOUR ORDER IS CONFIRMED, GAINESVILLE COINS WILL NOT ADJUST THE SHIPPING ADDRESS IN ANY WAY.
Gainesville does NOT accept International credit cards as a form of payment, but only as an authorization at the time of purchase. All international orders must be paid via Bank Wire Transfer in full.
When an order is submitted online for an international transaction, your credit card will be authorized for ten percent (10%) of the total order value. Once Gainesville receives the Bank Wire Transfer for the full order amount, your credit card authorization will be voided and the funds will be returned to your credit card. If the bank wire payment is not received within the stated time frame, Gainesville Coins reserves the right to cancel the order confirmation. Due to non-payment, the ten percent (10%) authorization will be captured in accordance with our cancellation policy. This will represent the ten percent (10%) cancellation fee and the customer will still be responsible for the market loss that associated with the order.
If you are an international customer and you cancel or do not pay for an order, you will NOT be able to purchase from Gainesville again! If you have any money on account or pay for a future order, that money will be applied to the previous unpaid order, less a ten percent (10%) restocking fee and applicable market loss in accordance with our Market Loss Policy. You are not entitled to any market gain.
For international orders, we require that you pay all wire fees associated with sending a wire to Gainesville.
The International shipping rate is calculated based on location, dollar value and weight of the package. If a package is unclaimed by you and sent back to Gainesville, we will refund the purchase price minus ten percent (10%), any applicable market loss in accordance with our Market Loss Policy, and all shipping and insurance costs incurred by Gainesville.
You are responsible for all duties and taxes that may be charged. Gainesville is NOT responsible for any duties and or taxes.
Our Insurance policy covers all UPS and USPS shipments while the package is in transit. Once the package has been marked delivered by either USPS or UPS our insurance coverage ceases and Gainesville Coins assumes no further responsibility.
This website is based in the United States. If you access this website from a foreign jurisdiction or send or transmit any content to a foreign jurisdiction, you are responsible for complying with such law or foreign jurisdiction.
All sales are final with the exception of NGC/PCGS certified PF70 and MS70 coins. When you place an order, all prices are locked-in. Any cancellations not in accordance with our return policy, including by way of non-payment (which includes failure to provide information necessary to complete a credit card transaction), refusal of delivery or attempting to return bullion type coins, will be subject to our Market Loss Policy, a five percent (5%) restocking/cancellation fee for domestic transactions (and ten percent (10%) restocking/cancellation fee for international transactions), plus any applicable shipping and handling expenses.
In addition, any customer who cancels or does not pay for an order in any way, will NOT be able to purchase from Gainesville again! If you have any money on account or pay for a future order, that money will be applied to the previous unpaid order, less the five percent (5%) restocking/cancellation fee for domestic transactions (ten percent (10%) for international transactions) and applicable market loss per our Market Loss Policy. You are not entitled to any market gain.
Gainesville offers a two (2) business day return policy on NGC/PCGS certified PF70 and MS70 coins only. You must notify Gainesville within two (2) business days of receipt of your order if you wish to return any other items and any returns must be approved and confirmed by email in advance by Gainesville. Gainesville will at that time provide instructions on how to return your items.
In the event you return any coins, then you acknowledge and agree that all shipping and handling charges are non-refundable. Any coin returned to Gainesville must be shipped via US Post Office at your expense and insured for its full value.
All coins shipped to Gainesville, whether for return or resale purposes, will be videotaped via our security system to insure that the contents of the package matches the included paperwork. Should a discrepancy arise, you will be notified immediately via phone or email.
When you return or send coins to Gainesville, we will NOT assume any responsibility while coins are in transit, and will only assume responsibility while coins are in the physical care, custody and control of Gainesville.
Certified non-bullion coins will NOT be accepted for return if the protective case has been damaged or tampered with. If the case has NOT been damaged or tampered with, returns will be accepted on certified coins only IF the original order is shipped to Gainesville via US Post Office, insured for their full value and post marked no later than two (2) business days from the time the order is received by you.
Gainesville reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.
Rates can be found by adding your selected items to your shopping cart and entering your zip code into the shipping calculator.
The prices shown include the cost of shipping and full insurance. Should anything happen while your package is in transit to you, it will be covered by our insurance policy. However, by making a purchase from us, you agree that you understand the valuable nature of precious metals and numismatic items and have a secure delivery location. It is not the responsibility of Gainesville to verify or otherwise ensure that its customers possess a secure delivery location. You agree to provide us with a secure delivery location and either be present to sign for the package, or to authorize someone at that address to act as your agent in your absence to accept delivery of the package. We will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature, or, if you have given them instructions to leave your package with someone else such as a building manager, neighbor, or drop-off location. Furthermore, you acknowledge and agree that once the postal service, courier, customs office or other third party delivery or handling agency certifies or otherwise claims that an item is delivered, it is for all intents and purposes delivered and is no longer covered by any insurance, and we will not be responsible for any such items.
In addition, in order for us to work with our insurance carrier, should your package be lost in transit, or should you fail to receive your package, you must notify Gainesville immediately. Failure to notify Gainesville of such loss or failure in a timely manner and/or any credit card reversals without notification may result in additional charges, such as market loss per our Market Loss Policy, attorneys’ fees and costs of collections.
In the event that a package has not been delivered, Gainesville will not be able refund or reship the purchased product until the appropriate carrier has notified Gainesville in writing that said package has been declared lost. At that point in time Gainesville will, in our sole discretion, either replace the original product or refund the full purchase price.
Shipping times seen on the individual product pages are calculated from the time after your full payment via wire is received and/or your full payment via credit card has been validated by our security department.
Estimated shipping times are not guaranteed or warranted in any way. Gainesville will make its best efforts to meet the estimated delivery times. However, shipping times will be extended if we are not able to reach you via phone or email to obtain further information regarding your payment, including information during the credit card verification process. In addition, omitting the web order number on wire payments may delay your shipping time. Furthermore, unexpected delays due to weather conditions or product delays may also cause potential shipping delays. All orders may take up to five (5) business days for processing before shipping.
All orders are shipped in full once every product on the order is in stock and once we receive full payment and required information for the order. If a customer would like an order to be partially shipped, the customer shall be responsible to pay an additional shipping and insurance charge.
UPS makes up to three (3) attempts to make a successful delivery and will then return the package to Gainesville if delivery attempts are unsuccessful. UPS will NOT hold packages at their distribution centers after three (3) unsuccessful delivery attempts.
USPS will make one (1) delivery attempt. Per USPS policy, packages will be held at your local post office for up to fifteen (15) business days from the date of the first delivery attempt. Packages that are not picked up from the USPS during that time will be returned to Gainesville.
If a customer's order is returned to Gainesville for any reason, the customer will not be refunded and will remain responsible for any shipping charges incurred, the five percent (5%) restocking/cancellation fee for domestic transactions (and ten percent (10%) for international transactions) and any market loss incurred in accordance with our Market Loss Policy. In addition, if the customer requests reshipment of the order, the customer will be responsible to pay another shipping charge (equal to the original shipping charge) before Gainesville reships the package.
If you feel a package is damaged or has been tampered upon arrival, DO NOT accept the package and notify Gainesville immediately. Once you have signed for the package Gainesville assumes no further responsibility/liability. In the event that a package has been damaged in delivery, Gainesville will not be able refund or reship the purchased product until the appropriate carrier has notified Gainesville in writing that said package has been damaged in shipping. At that point in time Gainesville will, in our sole discretion, either replace the original product or refund the full purchase price.
At Gainesville, we use a stringent packing and shipping procedure to ensure all products are sent as ordered, which includes continuous videotaping of all aspects of the packing and shipping process, photos of each product, and detailed tracking information.
However, in the event you believe there is a problem with any order, including any missing or damaged items, the problem must be reported to Gainesville within two (2) business days of receipt of the order. Your failure to report a problem of any kind within two (2) business days of receipt of an order will constitute your acceptance of the order as received.
See above under International Transactions.
Hold For Pickup
When your order is ready for pickup, you will be contacted by our accounting department. You will then have 5 business days to pick up your order from our showroom located at 17860 N. US Hwy 41 Lutz, FL 33549.
NOTE: When a customer comes into the Gainesville Coins showroom to pick up an order he/she must have a valid drivers license and the name and address on the drivers license must match the name and address on the order being picked up. If the order was paid via credit card, the customer must also bring the credit card used at the time of purchase for verification.
If your order is not picked up within the 5 business days, there will be applicable charges applied to hold your order.
To be eligible for Fast Track processing, an order must be:
Orders submitted after the cutoff time or where payment did not clear by the bank wire deadline will ship the next business day. If your order meets the Fast Track prerequisites and we do not process your order that day, your entire shipping charge will be refunded.
Please note: Shipping charges are NOT refundable if the bank wire has not been received by Gainesville Coins before the deadline.
|SAME DAY PROCESSING IF...||DELAYED PROCESSING IF...|
Fast Track Shipping Options:
Available shipping options with Fast Track processing are UPS 3 Day Select; UPS 2 Day Air; and UPS Next Day Air. Fast Track Orders cannot ship to PO/APO/FPO addresses.
Sales may be made to Gainesville by contacting our trading department at (813) 482-9300 extension 3. All items must be sent to us via U.S. registered mail, and must include our form of packing slip, which can be downloaded on the Sell Your Coins page of our website. We recommend that you obtain shipping insurance covering your items. We will not be responsible for items in shipment to us. We cannot lock in your prices or make payment to you until we receive your items. Once we receive your items, we will send you a notice of your price, and you must respond to confirm the price. We will not send payment until we receive your items and you respond affirmatively to confirm the sale price. We charge a $25 fee for any payments made by Gainesville to you via wire payment.
All promotional codes offered by Gainesville apply only to our standard shipping rates. These codes do not apply to the cost of the actual product that is being purchased. These codes are not valid for in store purchases or order pick-up.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. If you purchase a product from us or sell a product to us, we request certain personal information from you (such as your name, email, billing and shipping addresses, and financial information).
Email Addresses. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Shipping Information. We use the information you provide about yourself when placing an order only to bill, process, complete, deliver and ship that order and to provide customer service. We do not share this information with outside parties except to the extent necessary to complete that order (i.e., charge your credit card, fill and deliver your order, and provide customer service).
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Opt-Out. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Children. Our website is intended for general audiences and we do not knowingly collect any personal information from or sell to children. By purchasing products from our website, you confirm that you are of legal age.
User Accounts and Price Level Alerts. As a user of this website, you may establish an account, by providing us with certain information such as your email address, name, birth date, place of birth, address, telephone and facsimile number, and you will choose a password to be used in conjunction with your email address to access features and services on this website. In order to use this website, you must enter your email address and password to access your account. Once you have authenticated your account, you will have access. As part of creating your account, you may also be requested to provide questions and/or secret answers which we use to help verify your identity and assist in resetting your password.
You should not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify this website of any security breach of your account. This website shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for all use of this website using your email address, user name and password. You may not access or use any other user’s account at any time without the permission of Gainesville. Do not attempt to access the password protected area if you do not have an authorized user name and password from us. This website may revoke your password and access to this website for any reason at its sole discretion, without notice to you.
You agree to provide accurate and complete information when you register with, and as you use, this website. You agree to update your registration data to keep it accurate and complete. You agree that this website may store and use the data you provide for use in maintaining and billing fees to your account.
For our customers’ protection Gainesville has no access to your user account password. Furthermore, by creating a price level alert you are agreeing to be notified of certain prices. Should you desire to cancel and no longer receive these alerts it is the user's responsibility to access their account and disable this feature. Gainesville is unable to disable these alerts as all user account passwords are known only to the user.
This website has the right, but not the obligation, to monitor any materials submitted by you and to investigate any reported or apparent violation of this User Agreement, and to take any action that this website in its sole discretion deems appropriate, including, without limitation, termination under this User Agreement.
Authorization. You represent that you are of legal age and that you are fully authorized to contract with us. If you are using this website on behalf of a business entity or other organization, you represent and warrant to Gainesville that you have the legal authority to legally bind such business entity or other organization to this User Agreement. In such event, both you, acting on behalf of the business entity or other organization, and the business entity or organization for whom you act, are bound by this User Agreement.
Voice Recording. You understand and agree that Gainesville may, in its sole discretion, but is not obligated to, monitor or record your telephone conversations with Gainesville for quality control and our protection. You hereby consent to the recording of such phone conversations. Gainesville does not consent to the recording of telephone conversation by you or any third party.
Contact. You expressly authorize Gainesville to contact you at the email, text messaging, facsimile, or telephone numbers provided by you regardless of whether these phone numbers are listed on any state or federal Do Not Call list. If you request that Gainesville no longer contact you, we will promptly place your name on our Do Not Call list.
GAINESVILLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS WEBSITE’S SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU AGREE THAT FROM TIME TO TIME GAINESVILLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THIS WEBSITE’S SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAINESVILLE DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS WEBSITE OR THE CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THIS WEBSITE, YOUR USE OF THIS WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE’S SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THIS WEBSITE ARE PROVIDED BY OR MADE AVAILABLE BY THIS WEBSITE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS.
IN NO EVENT WILL GAINESVILLE OR ITS AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY TRANSCTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSION OR DATA OR ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY THIS WEBSITE OR ANY THIRD PARTY PROVIDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIS WEBSITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that we may provide notice to you by posting it on our website, emailing it to the email address you provided, or mailing it to the street address you provided. Such notice shall be considered to be received by you within twenty-four (24) hours of posting to our website, or emailed to you, or if mailed, three (3) business days after mailing. Notice to Gainesville must be sent by postal mail to Gainesville at 17860 N. US Hwy 41 Lutz, FL 33549.
Electronic Transactions. Your use of the services and purchase of products on this website includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Facsimile signatures shall be considered for all purposes as originals. Electronic signatures in accordance with Chapter 668, Florida Statutes, shall be binding upon the party electronically acknowledging the document.
Attorneys’ Fees and Costs. You agree that if any action at law or equity is required to enforce or interpret the provisions of this User Agreement, the prevailing party shall be entitled to recover all costs, including without limitation, reasonable attorneys' fees and costs incurred in any litigation, mediation, arbitration, or administrative or bankruptcy proceedings, and any appeals there from, in addition to any other relief to which they may be entitled.
Indemnification. You agree to indemnify and hold harmless Gainesville, its subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against any and all liability, loss, injury, damage, cost, or expense including, but not limited to, reasonable attorneys’ fees and costs, which an Indemnified Person may incur, directly or indirectly, as a result of or arising from any claim or demand made by you or a third party, that arises out of, is connected with, or is in any manner related to your use of this website or any service provided by this website, your conduct in relation to this website, or any service provided by this website, your violation of this User Agreement, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives this User Agreement and any termination of your account or registration.
Severability. In case any one or more provisions contained in this User Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision herein and this User Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Entire Agreement. This User Agreement coupled with our Invoice constitutes the entire agreement between the parties and there are no agreements, understandings, restrictions, warranties, or representations, expressed or implied, oral or written, between the parties other than those herein contained.
Force Majeure. Gainesville shall not be liable or responsible to you, nor be deemed to have defaulted or breached this User Agreement, for any failure or delay in fulfilling or performing any term of this User Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Gainesville including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Rights and Remedies. Upon failure by you to comply with your obligations to Gainesville, Gainesville shall have all of the rights and the remedies available to Gainesville, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Gainesville may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Gainesville 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 Gainesville 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 other remedy.
In addition to the other rights and remedies available to Gainesville, in the event of any failure by you to comply with this User Agreement, Gainesville may charge the credit card on which you have provided Gainesville including, without limitation, any and all market losses incurred by Gainesville in accordance with our Market Loss Policy, cancellation and restocking fees and shipping charges associated with orders for which you did not fulfill.
Governing Law; Venue. This User Agreement and any legal proceedings between you and Gainesville shall be governed by, and interpreted in accordance with, the laws of the State of Florida, without regard to conflicts of laws principals. Any legal proceeding brought against either of the parties hereto with respect to this User Agreement shall be brought in the federal and state courts in and for Hillsborough County, Florida, and each of the parties to this User Agreement hereby consents to the exclusive jurisdiction of any such court and waives any defense or opposition to such jurisdiction. The parties further agree that the mailing of any process shall constitute valid and lawful process against them, without the necessity for service by any other means otherwise provided by statute or rule of court.
WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS USER AGREEMENT AND ANY TRANSACTION CONTEMPLATED HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
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In addition, all spot price information available on our website is for informational purposes only and is not intended, and should not be relied on, for investment or any other purposes. Historical and current spot price information is not indicative of future performance. All spot price information has been provided by a third party source and not by Gainesville, and Gainesville makes no representation or warranty regarding the accuracy or completeness of spot price information or other related data displayed on this website. Neither Gainesville, nor its employees, directors or agents, shall be responsible or liable in any way to you for any delays, inaccuracies, errors in, or omissions of any such spot price information or related data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby or by reason of nonperformance or interruption or termination of the spot price information for any cause whatsoever.
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Last Updated: May, 2014.