Terms of service
This website (the “PCGS Store”) is operated by Collectors Universe, Inc., through its Professional Coin Grading Service division (“PCGS”). Throughout the website, the terms “we”, “us” and “our” refer to PCGS. The PCGS Store offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices provided on the website.
Please read these Terms of Service carefully before accessing or using our website. By visiting, accessing, or using any part of the website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the PCGS Store, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to the Terms of Service, then you may not access the website or use the Service. Your use of the website and Service is at your risk. If you are dissatisfied with the website or Service in any way, your sole and exclusive remedy is to discontinue accessing and using the website and Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS, AS DETAILED BELOW, THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; AND (II) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide the Service and sell products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use the website, any Content (as defined below) our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your access to and use of the website and Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. All content, information, and other materials featured, displayed, contained, and available on the website, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, "Content") are owned by or licensed to PCGS and its affiliates or service providers and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms of Service, you receive a personal, non-exclusive, non-transferable, limited right to access and use the website for noncommercial purposes only. You may view, display, copy, download, and print the Content solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Content must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the website or its Content, without express written permission.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if Content made available on this website is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part, products, or Content thereof) without notice at any time.
We may at any time, for any reason, and without notice or liability: (1) suspend or discontinue operation of or access to any of website or Service (or any products or Content thereof), or any portion thereof; (2) modify the website, Service, the Content, or any portion thereof; (3) interrupt the operation of the website or Service, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the website or Service, in whole or in part; and/or (5) terminate the authorization, rights, and license given above.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any prices or products on the website.
SECTION 5 - PRODUCTS OR SERVICES (if applicable), SHIPPING AND REFUND POLICY
Orders
While we will use our reasonable efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this website. We reserve the right to change or discontinue the sale of any product listed on this website at any time without notice. The prices displayed on this Site are quoted in U.S. dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. Always read labels, warnings, directions, specifications, and other information provided with the product before ordering or using the product. Once an order has been processed, the order is not eligible for modification or cancellation.
Shipping
Shipping is only available to the United States.
Without limiting anything contained in these Terms or policies linked within these Terms, or all shipments, delivery confirmation will be obtained. To the extent a package requires delivery by signature, by accepting delivery of any package (including through signature, or by any person at the delivery address), you acknowledge receipt of the items in good condition and waive any claims that items were not delivered, were delivered damaged, or were not as described, except as provided in the return policy below. For all items for which signature is not required for shipment, the applicable courier marking such item as delivered indicates that the item has been delivered to you. If you refuse to accept delivery or are not available to receive delivery after reasonable attempts, you remain responsible for all charges and the items will be deemed delivered and accepted. PCGS will have no liability for any items which are marked as delivered or which are accepted that do not ultimately get delivered to you, whether due to theft or improperly delivery by the courier, and all associated claims must be made with the applicable courier.
Returns and Refunds
Certain products or services may be available exclusively online through the website (“PCGS Store Exclusives”). PCGS Store Exclusives and certain other products or services may have limited quantities. All items that are sold through the PCGS Store are subject to return or exchange only according to our Refund Policy.
Damaged and Missing Items / Incorrect Items
You should inspect your order and items as soon as you receive an order and contact us at [email protected] immediately if an item is defective, damaged, missing or you receive a wrong item. You have 30 days after your order has been delivered to request a return of any item. To review the return and refund policy and for information on how to start a return for any item, please review the Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the PCGS Store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or access to the services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer, in our sole and absolute discretion. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the website or services will be corrected.
Promotion / Discount Codes. Promotion codes are limited in nature and are void where prohibited by law. Promotion codes may expire or be discontinued and are subject to cancellation or change at any time with or without notice. Promotion codes may not be copied, sold, or otherwise transferred and are not redeemable for cash. We reserve the right in our discretion to impose conditions on the offer or redemption of any promotional code.
Resale Prohibited. Products offered on the PCGS Store bearing any PCGS trademarks, logos or names (“PCGS Products”) are intended solely for personal, non-commercial use. You may not purchase PCGS Products from the PCGS Store for resale, and resale of any such products without PCGS’s prior written consent is strictly prohibited. PCGS reserves the right to cancel orders or suspend access for any user believed to be violating this restriction.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://app.collectors.com/privacypolicy.
SECTION 11 - PAYMENT AUTHORIZATION AND CONSENT
You are responsible for payment of your order by means of a payment option made available through the website and Service at the time of ordering. You represent and warrant that you are the cardholder or authorized user of the payment method(s) you provide, and you authorize PCGS and its designated payment service provider Shopify Inc. (“Shopify”) to (a) use the payment method for the amount due upon checkout in connection with your order and (b) store and use the payment method and certain related information for future orders.
You further acknowledge and agree that PCGS or Shopify may request an authorization when you provide a payment method in connection with any purchase to ensure that the payment method is valid and that you have sufficient funds to complete the transaction. You understand that your card issuer may hold the authorized amount for a period of time as determined by such card issuer.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
To the fullest extent permitted by applicable law, we will be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms of Service, and any decision it makes relating to termination or disabling of the website or Service, user accounts or refusal to transact or fulfill any orders, including those placed through the website, shall be final and binding.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website or Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website or Service will be accurate or reliable. You agree that from time to time we may remove the website or Service for indefinite periods of time or cancel the website or Service at any time, without notice to you.
Personnel and employees of PCGS are not authorized to make any statement, representations, or warranties contrary to these PCGS Terms and any additional statement, including without limitation, statements made by any PCGS personnel or employees or those made in any advertising or presentation materials (oral or written) do not constitute representations and warranties by PCGS and should not be relied upon as such.
You expressly agree that your use of, or inability to use, the website or Service is at your sole risk. The website Service and all products and services delivered to you through the website and Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. IN NO CASE SHALL PCGS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY THAT PCGS SHALL HAVE TO YOU, OR ANY THIRD PARTY FOR WHOM YOU MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF PCGS OR OTHERWISE, SHALL IN NO EVENT EXCEED THE FEES AND OR CHARGES OR LESS ACTUALLY PAID BY YOU FOR THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PCGS, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, franchisees, interns and employees, harmless from and against any claim or demand, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your breach or alleged breach of these Terms of Service or the documents they incorporate by reference, (ii) your activities in connection with use of the website or Services, including without limitation, any violation of these Terms of Service or of any law or the rights of a third-party; or (iii) your negligence, willful misconduct, or fraud.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole and absolute judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service and your access to and use of the website and Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
You acknowledge and agree that the website and Service are delivered and these PCGS Terms of Service are accepted in the State of California and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that State, without regard to conflicts of laws principles.
SECTION 20- DISPUTE RESOLUTION AND ARBITRATION. Please read this section carefully—it affects your rights.
By accepting these Terms of Service, you and PCGS agree to the terms and conditions of this dispute resolution process and arbitration agreement. That means you are agreeing to resolve any and all disputes with us or claims and/or causes of action against us (“Claims”) through binding arbitration or small claims dispute procedures (unless you opt out) and agreeing to waive your rights to a jury trial and to participate in any class action suit. Additional terms and conditions governing a dispute between us, including disclaimers of certain warranties, limitations of liability, your indemnification obligations, and governing law are set out in separate sections in these Terms of Service.
To expedite resolution of disputes and control related costs, you and we agree that any past, present, or future legal or equitable Claims will be resolved as follows.
YOU AND WE EACH AGREE THAT, EXCEPT AS DISCUSSED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, YOUR USE OF ANY SERVICE OR WEBSITE, OR YOUR RELATIONSHIP WITH PCGS WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. You and we each agree that our agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution process. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages as a court.
Your right to opt-out of the Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE DATE YOU BECOME BOUND BY THIS AGREEMENT (the “Opt Out Deadline”). If you do not wish to be bound by this Arbitration Agreement, you must timely notify us by sending an email to [email protected] and providing the following information in your email: (1) your name; (2) your address; (3) your phone number, and (4) a clear statement that you wish to opt out of this Arbitration Agreement. Any opt-out notice received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.
Informal resolution. We will first try to resolve any Claim informally. You and we agree to negotiate to resolve your claim in good faith. You agree that you may not start a formal proceeding for at least 60 days after you notify us of a Claim in writing, consistent with the Notice and Demand requirements below.
If you intend to file a demand for arbitration, in order to give us an opportunity to informally resolve your claim, you must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to Collectors Arbitration, Attn: Legal Department, 1610 E. St. Andrew Pl., Santa Ana, California 92705. If you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon PCGS’s denial of your Claims, you or we may start an arbitration by filing a Demand for Arbitration (“Demand”), as set forth below, or start small claims court proceedings.
Formal resolution. If we cannot resolve a Claim informally, then either you or we may seek to formally resolve any Claim by starting arbitration or small claims proceedings under the following agreed procedure and rules.
To begin arbitration, you must send a Demand to us and to the American Arbitration Association (“AAA”). You and we agree that any and all Claims will be submitted to final, binding, and confidential arbitration before the AAA under its Consumer Arbitration Rules and Commercial Arbitration Rules, as applicable to a particular dispute (“AAA Rules”). Where any of the AAA rules conflict with the terms of this arbitration agreement, however, the terms of our agreement will control. Our agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after the User Agreement and this agreed dispute resolution procedure went into effect.
Our agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive, or declaratory relief, and all claims arising under any federal or state statute, rule, or regulation. ARBITRATION MEANS THAT YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL. WE BOTH UNDERSTAND THAT ARBITRATION IS A DISPUTE-RESOLUTION PROCESS THAT IS DIFFERENT FROM FILING A LAWSUIT IN COURT AND THAT BY AGREEING TO SUBMIT ALL CLAIMS TO ARBITRATION, YOU AND WE ARE EACH GIVING UP OUR RIGHT TO FILE A LAWSUIT AND OUR RIGHT FOR A JURY TO DECIDE OUR CASE. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS ABOVE.
You and we agree that Claims submitted to arbitration will be decided in a single arbitration before a single arbitrator. The arbitrator will be selected using the following procedure: (1) the AAA will send the parties a list of five candidates; (2) if the parties cannot agree to select an arbitrator from that list of five, then within 14 days, each party will return its list to the AAA striking up to two candidates and ranking the remaining candidates by order of preference, (3) the AAA will appoint as arbitrator the candidate with the highest preferred ranking on an aggregated basis; and (4) if for some reason appointment cannot be made under this procedure, the AAA will have discretion to appoint an arbitrator of its choosing.
We will pay or reimburse all AAA filing, administration, and arbitrator fees. If, however, the Arbitrator finds that either the substance of your Claim or the relief sought in the Demand was frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA rules. An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees. For claims under $75,000 as to which you provided Notice and negotiated in good faith before starting an arbitration, if the arbitrator finds you are the prevailing party in the arbitration, then you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek recovery of our attorneys’ fees from you even where it might otherwise be permitted under applicable law.
If the Claims asserted in any request or demand for arbitration could have been brought in small claims court (e.g., for Claims that do not exceed the jurisdictional limit of small claims court), then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
Class action waiver. YOU AND WE AGREE THAT FOR ANY PROCEEDINGS, WHETHER BROUGHT IN ARBITRATION OR COURT, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND WE WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. You and we agree that Claims of two or more persons may not be joined or consolidated in the same arbitration unless arising from the same transaction. Furthermore, you and we agree that neither you nor we may pursue claims in arbitration as a class or collective action, private attorney general action, or other representative action. The arbitrator shall have the authority to award relief only on an individual basis. The AAA Rules for Class Actions will not apply to our arbitration. If you opt out of this dispute resolution process and arbitration agreement as described above, this class action waiver will not apply to you. Neither you, nor any other individual, can be a class representative or class member in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
Jury trial waiver. If a Claim proceeds in court rather than arbitration, YOU AND WE EACH STILL WAIVE ANY RIGHT TO A JURY TRIAL.
Severability. If any part of this dispute resolution process and arbitration agreement is held invalid and unenforceable, then that part may be severed from the rest of the agreement. You and we agree that any ruling by an arbitrator or court allowing any claimant to seek relief for other persons in a representative capacity would be contrary to your and our intent and would require immediate judicial review. If we believe that any Claim you have filed in arbitration or in court is inconsistent with the class action waiver, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. To the fullest extent permitted by applicable law, we reserve the right to update and make changes to the Terms at any time by updating this posting or providing notice to you electronically or as otherwise permitted under applicable law. Updates and changes take effect when we post them, unless we specify an effective date in our notice to you. Your continued access to or use of the PCGS Store after any updates and/or changes indicates your acceptance to the Terms as modified. We may also ask you to acknowledge your acceptance of the Terms through an electronic click-through. It is your responsibility to periodically visit this page and review the Terms for updates.
SECTION 22 - FORCE MAJEURE
PCGS shall not be considered liable or responsible to you or deemed to have defaulted or breach these Terms and PCGS shall be entitled to an extension of the date of any performance required of PCGS under these Terms of Service if the failure of PCGS to perform was because of a Force Majeure Event. “Force Majeure Event” shall be an act of God, riot, war, civil unrest, hostile fire, flood, earthquake, interruption of services (including without limitation transportation and utility services), epidemic, or other cause beyond PCGS’s reasonable control and anticipation (including without limitation, any mechanical, electronic, or communications failure), or any inability due to the aforementioned causes to obtain necessary labor, materials, facilities or products.
SECTION 23 - CONTACT INFORMATION If you have any questions about these Terms, contact us at:
Email: [email protected]
Phone: 1 (800) 447-8848
Written Support: Store Contact Page
SECTION 24 - NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
SECTION 25 - COLLECTORS USER AGREEMENT
To the extent you have opened and registered a collectors.com account and are therefore bound by the terms of the User Agreement, the applicable terms of the User Agreement shall be incorporated herein by this reference and if it is determined that there are any inconsistencies between these Terms of Service and the User Agreement, then the terms of the User Agreement shall prevail.