Terms of Use

AMERICAN CHANGER CORP.’S WEBSITE TERMS OF USE

American Changer Website Terms of Use

Legal Information & Notices

Welcome to AmericanChanger.com.  These Terms and Conditions of Use (“Terms”) apply to the American Changer Corp., a Delaware corporation, (“Changer”) website located at www.americanchanger.com, and all associated sites linked to www.americanchanger.com by Changer, its subsidiaries and affiliates, including Changer sites around the world such as Rowe (www.roweinternational.com), Triad (www.americanchanger.com/triad/), and Hoffman Mint (www.hoffmanmint.com) (collectively, the “Site”). As used in these Terms, “Changer,” “us,” “our,” or “we” refers to Changer which owns and operates the Site.  “User”, “You”, and “Your” mean the user(s) of the Site.

 

Ownership of Site; Agreement to Terms

The Site is the property of Changer and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Changer reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes.

Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Changer grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Changer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Changer’s express prior written consent.

You may use information on Changer products and services (such as sales sheets, manuals, brochures, knowledge base articles, and similar materials) purposely made available by Changer for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Changer reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Changer server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Changer, including any Changer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Changer’s systems or networks, or any systems or networks connected to the Site or to Changer.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Changer on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Changer or others.

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service or product.

Any order placed through this Site are subject to Changer’s terms and conditions of sale.  Any terms or conditions different from or additional to the Changer’s terms and conditions for sales contained in any purchase order or other document you may send to Changer are rejected.

Changer’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Changer may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Changer makes no commitment to update the materials on the Site with respect to such products and services.

Changer is not responsible for failure to fulfill orders due to causes beyond our control.  We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Site by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Changer immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Changer or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Changer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

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Privacy

Changer stores, monitors, or otherwise collects identifying information on the users of this Site  and uses certain information provided by the user to process orders and send emails about programs relating to Changer. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Links to Other Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Changer’s control, and Changer is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Disclaimers

CHANGER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS”, “WHERE-IS”, “AS-AVAILABLE” AND “WHERE-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CHANGER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CHANGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHANGER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CHANGER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CHANGER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Changer reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liabilities

YOU AGREE THAT CHANGER SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, INCLUDING MAKING PURCHASES THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL CHANGER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE OR THE PLACEMENT OF ORDERS THROUGH THIS SITE, REGARDLESS OF WHETHER CHANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms, Changer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content on Site, Changer’s liability shall in no event exceed the greater of (1) any Changer products, or (2) U.S. $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Violation of These Terms

Changer may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Changer’s rights or property, or the rights or property of visitors to or users of the Site, including Changer’s customers. Changer reserves the right at all times to disclose any information that Changer deems necessary to comply with any applicable law, regulation, legal process or governmental request. Changer also may disclose your information when Changer determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Changer may preserve any transmittal or communication by you with Changer through the Site or any service offered on or through the Changer, and may also disclose such data if required to do so by law or Changer determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Changer, its employees, users of or visitors to the Site, and the public.

You agree that Changer may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Changer, for which monetary damages would be inadequate, and you consent to Changer obtaining any injunctive or equitable relief that Changer deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Changer may have at law or in equity.

You agree that Changer may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Changer does take any legal action against you as a result of your violation of these Terms, Changer will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Changer. You agree that Changer will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

 

Governing Law; Dispute Resolution

The Site is operated and administered by Changer. All payment processing for online orders is administered through a PCI certified third party processor. Changer makes no representation that the Site or the Content is appropriate or available for use at other locations outside of the United States and access to the Site or Content from territories where the content is illegal is prohibited. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. The Terms shall be governed by the laws of the State of Florida, USA, without giving effect to its conflict of laws provisions, AND SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALES OF GOODS. Regardless of where you reside or where you transact business with Changer you agree that any transaction with Changer shall be deemed to have occurred solely and completely within the state of Florida and with respect to any dispute you may have with American Changer you irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida, USA. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the occurrence of the fact or circumstance on which the claim or cause of action is based.

 

Void Where Prohibited

Changer administers and operates the Site from its location in Fort Lauderdale, Florida, USA; other Changer sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Changer reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Changer with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Changer with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Changer, Changer will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Changer’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Changer of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Changer and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Changer provides access to Changer international data and, therefore, may contain references or cross references to Changer products, programs and services that are not announced in your country. Such reference does not imply that Changer in your country intends to announce such products, programs or services.

 

Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential and effective only upon actual receipt by Changer. Changer shall be free to use such information on an unrestricted basis. The information contained in this Site is subject to change without notice.

 

Contact Information

If you have any questions or complaints, desire additional information, or need to notify Changer of anything relating to these Terms, please promptly contact Changer as follows: American Changer Corp. 1400 N.W. 65th Place Fort Lauderdale, Florida 33309 – or – info@americanchanger.com.

 


 

 

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