Terms and Conditions – The Canup Coin Company

WEBSITE TERMS AND CONDITIONS

WWW.CANUPCOINCOMPANY.COM

Please read the following Website Terms and Conditions (“Terms”) carefully before using Canup & Sons, LLC’s (“Company”, “our” or “we”) website, www.canupcoincompany.com, including but not limited to any online features, services and programs offered by (the “Website”). By accessing or using the Website, you agree to the following Terms and Privacy Policy (located in “Exhibit A”). You should review these Terms regularly as they may change at any time at the sole discretion of Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.

WHEREAS

We will make an effort to update this web page with any changes to these Terms or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears in the Consent at the end of these Terms).

Terms related to Online Account Access to your accounts that you have with Company (each an “Account”) is set forth herein.

SECTION I

ACCEPTANCE OF TERMS

By merely providing access to the Website, Company does not warrant or represent that:

(a) the Content is accurate, complete, up-to-date or current;

(b) Company has any obligation to update any Content;

(d) that the Content does not infringe on the intellectual property rights of any third party;

(e) that the Content is free from changes caused by a third party;

(f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or

(g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.

SECTION II

SITE USE AND CONTENT

You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Company. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.

SECTION III

USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES

(a) DEFINITIONS. The following definitions govern the terms of this Section III and as used elsewhere in these Terms:

(i) “Bill Payment Cutoff Time” means the Time on any Business Day set by our transaction processing company and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.

(ii) “Business Day” means every day except Saturdays and Sundays and federal holidays.

(iii) “Payment Account” means your personal or business checking, savings, or money market account from which Company bill payments for your Accounts may be made by you. Company recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (that is, your money market account may permit a limited number of transfers before fees are imposed).

(iv) Payee means Company or its subsidiary to which you direct a payment.

(v) Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).

(vi) Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by Company for your most current bill.

(vii) Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.

(b) ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.canupcoincompany.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or User ID without permission. When your Online Service is linked to one or more Accounts, Company may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Company if an Authorized User should no longer be given access to an Account through the Online Service.

(c) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Company of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by email at customerservice@canupcoincompany.com. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(d) RELIANCE BY COMPANY. You authorize Company to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Company may comply with the Payment Instructions entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.

(e) SECURITY. Company is committed to protecting the security and confidentiality of information about you and your Account and User Account. Company uses, and may in the future use, several different security methods to protect your Account and User Account information, including:

(i) You can only access the Online Service with certain browsers that have high security standards.

(ii) If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.

(iii) The Online Service will automatically log off if prolonged periods of inactivity occur.

(iv) Your session will terminate if you navigate away from the Online Service to another website.

(f) ELECTRONIC COMMUNICATION.

(i) EMAIL AND ONLINE MESSAGE CENTER. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Company for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Accounts with Company. Company will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Company, do not respond to the email and notify Company by forwarding the email to customerservice@canupcoincompany.com.

(ii) USAGE OF ELECTRONIC COMMUNICATION. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Company may respond to any communication you send to Company with an electronic communication, regardless of whether your original communication with Company was an electronic communication. Any electronic communication Company sends to you will be considered received within seven (7) calendar days of the date such communication is sent by Company to the email address you designate in your account profile or posted to Company’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Company will not be effective until Company has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Company immediately and, in no event, should your sole method of communication with Company regarding any emergency be by electronic communication. Company strongly suggests that you report all matters requiring immediate attention to Company by calling 1-800-376-7709. Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company.

(g) PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:

(i) Account Inquiry. You may retrieve Account information (such as a balance due) and view up to three (3) months of transactions.

(ii) Alerts. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.

(iii) Review Statements. You may view electronic version of up to three (3) months of Account statements. Online statements should not be substituted for, nor represented as, your official statement.

(iv) Bill Payments. You may make payments to your Account from your Payment Account. Bill Payments may only be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.

(h) PAYMENTS. You authorize Company to debit your Payment Account and remit funds on your behalf to the Payee. When Company receives a Payment Instruction, you have authorized Company to debit your Payment Account and remit funds on your behalf . If this is for a recurring payment, you have authorized Company to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize Company to credit your Payment Account for payments returned to you.

(i) CANCELLING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments initiated through the Online Service that are pending. There is no charge for cancelling or modifying a Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment three (3) business days before the Payment Due Date. Other than as described above, you may not stop or edit a bill payment.

(j) DISCLOSURE OF ACCOUNT INFORMATION. Company will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in Company’s Privacy Policy located at https://canupcoincompany.com/terms-and-conditions. We will disclose such information:

(i) where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

(ii) to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;

(iii) to persons authorized by law in the course of their official duties;

(iv) to a consumer reporting agency as defined by Applicable Law;

(v) to comply with a government agency or court order, such as a lawful subpoena;

(vi) to Company employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

(vii) if you give Company written permission (including by email).

(k) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to Company’s Returned Payment Fee then in effect will be applied to your Account.

(l) COMPANY’s LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If we debit your Payment Account incorrectly, Company will be responsible for returning the improperly debited funds to your Payment Account. If Company does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, Company will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, Company will not be liable in the following situations:

(i) You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;

(ii) Through no fault of Company, you have insufficient funds in your Payment Account to make a payment;

(iii) Your computer, the software, phone lines, Company’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;

(iv) Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;

(v) Company has reasonable basis to believe that unauthorized use of your User ID, Password, or User Account or Account has occurred or may be occurring;

(vi) Company or you has terminated your Online Service or closed your Account to which the User ID was linked;

(vii) You have supplied your login information to another party; or

(viii) For any other reason specified in these Terms or any other agreement Company has with you.

(m) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to:

(i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and

(ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(n) TERMINATION OF ACCOUNT. Company reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling Company at 1-800-376-7709 or by writing to Company at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by Company, will not affect any of your or company’s rights and obligations under these Terms that have arisen before the effective date of such termination.

(o) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, Company’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

(p) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify Company at once at by calling 1-800-376-7709, by email at customerservice@canupcoincompany.com, or through the online message center (if applicable).

SECTION IV

DISCLAIMERS

(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold Company and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of:

(i) your failure to comply with these Terms;

(ii) your breach of your obligations under these Terms;

(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or

(iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

(c) NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY PRODUCT OR SERVICE IDENTIFIED ON THE WEBSITE. Nevertheless, the Website may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies and commodities. Company cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Website. Accordingly, there can be no assurance that such indicated results will be realized or that the values indicated for the commodities are the current market prices of such commodities. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Website operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.

SECTION V

LIMITATION OF LIABILITY

COMPANY’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY PRODUCT OR GOOD PURCHASED IS SUBJECT ALSO TO THE CANNUP PURCHASE TERMS AND SERVICES. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SECTION VI

PRIVACY

Personal data that you provide regarding yourself will be handled in accordance with Company’s Privacy Policy located at https://canupcoincompany.com/terms-and-conditions.

SECTION VII

THIRD PARTY CONTENT

(a) Company may provide hyperlinks to other websites maintained by third parties, or Company may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Company. In most cases, Company is not even aware that a third party has linked to the Website. A website that links to the Website:

(i) may link to, but not replicate, Company’s Content;

(ii) may not create a browser, border environment or frame Company’s Content;

(iii) may not imply that Company is endorsing it or its products;

(iv) may not misrepresent its relationship with Company;

(v) may not present false or misleading information about Company’s products or services; and

(vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

SECTION VII

COPYRIGHT AND TRADEMARKS

The trademarks, service marks and logos used and displayed on the Website are Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Company is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Company that may be referred to on the Website are the property of Company. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trademarks or service marks without Company’s prior written permission. Company aggressively enforces its intellectual property rights. Neither the name of Company nor any of Company other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Company’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name “Company” in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Company at the address, email address or telephone number set forth at the bottom of these Terms.

SECTION IX

CHOICE OF LAWS

Company makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Texas. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in Tarrant County, Texas. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

SECTION X

AVAILABILITY

Information that Company publishes in the Website may contain references or cross-references to products, programs or services of Company that are not necessarily announced or available in your area. Such references do not mean that Company will announce any of those products, programs or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.

SECTION XI

NON-TRANSFERABILITY OF USER ACCOUNT

User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Company unless acknowledge by Company in writing. Company has no obligation to provide you with written acknowledgment. Company may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

SECTION XII

TERMINATION OF SERVICE

We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Company, to the business of the Website’s Internet service provider, or to other information providers.

SECTION XIII

CUSTOMER COMMENTS

We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the Company Website Privacy Policy located at https://canupcoincompany.com/terms-and-conditions/.

SECTION XIV

MISCELLANEOUS

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Company Website Privacy Policy located in Exhibit A are the entire agreement between you and Company with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Company regarding the Website and the Online Service.

CONSENT TO THIS AGREEMENT

By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email customerservice@canupcoincompany.com.

EFFECTIVE AS OF: June 25^th, 2021

LAST UPDATED: June 25^th, 2021

EXHIBIT A

PRIVACY AND INFORMATION SECURITY POLICY

Canup & Sons, LLC (“Company”) is committed to safeguarding your online privacy with respect to the personally identifiable information that we may obtain from you at the www.canupcoincompany.com (the “Website”). Our Privacy and Information Security Policy (“Privacy Policy”) answers frequently asked questions about your online privacy, including what personally identifiable information we may obtain from you and how it will be used and protected. Company may from time to time change this Privacy Policy, so please check back periodically.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?

If, upon visiting our Website, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:

If you enroll for a subscription through our Website, we may ask that you provide us with certain personal information, including your name, credit card number, expiration date, email address, mailing address and telephone number. Your credit card information will be transferred to the Company’s credit card processing company (Stripe, WooCommerce and Paypal, which may be amended from time to time (each a “Transaction Processor”) for processing (as discussed in more detail below). Each Transaction Processor employs a variety security and risk management technologies to facilitate secure on-line transactions and to protect your credit information.
If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we will need your name, email address and other information as may be required by the rules of the specific contest.
If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, email address and other information as may be required by the particular survey.
If you report a problem or submit a customer review, we will ask that you provide your name, email address, subscription number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.[1]

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?

To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Website. As noted above, we use a Transaction Processor to facilitate confidential online business transactions. Transaction Processor helps prevent your credit information from being read by unauthorized persons as this information is transmitted over the Internet. Transaction Processor employs the Server using SSL (Secure Socket Layer) encryption for the secure exchange of your personal information and the transaction processing system. Transaction Processor transaction system passes your credit information through its system, but does not retain any credit card numbers. Once the transaction is completed, information about the sale (without credit card information) is stored in a password-protected online database maintained by Transaction Processor. Only in an offline and offsite accounting server does Transaction Processor retain the entire transaction record. This eliminates the ability of hackers to gain access to your personal information. In addition, Transaction Processor processes all transactions by private digital lines, and not via the Internet.

HOW DO WE USE YOUR INFORMATION?

Our primary use of your information is to administer, maintain and improve your experience on our Website generally as well as provide you with customized, personalization services and interactive communications.

If you check the “opt-in” feature on our Website, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you emails regarding our Website and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.

We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for subscriptions purchased through our Website. We also use your contact information as necessary to send you information about the memberships that you have purchased on our Website.

When you enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may use your email address to send you status updates.

We use your IP address to help diagnose problems with our server and to administer the services offered on our Website. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.

We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.

CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?

If you change your mind and decide that you no longer want to receive promotional emails and/or direct mailings, you may opt-out at any time by simply sending an email request to customerservice@canupcoincompany.com. Similarly, if you are not receiving our promotional emails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an email request to customerservice@canupcoincompany.com.

PRIVACY POLICIES OF COMPANY PARTNERS

Third parties that have links on our Website may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions.

Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.

WITH WHOM DO WE SHARE INFORMATION?

We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.

As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.

We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and email address with them.

Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.

We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.

CALIFORNIA NOTICE OF THE RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION (CALIFORNIA RESIDENTS ONLY)

We may sell or disclose to a third-party personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.

To opt-out of the sale or disclosure of your personal information, send an email to customerservice@canupcoincompany.com to be removed and put “Opt Out” in the subject line.

HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You may edit your personally identifiable information and your password at any time by sending an email request to customerservice@canupcoincompany.com.

WHAT ARE COOKIES? HOW DO WE USE COOKIES?

Cookies enable us to customize and personalize your experience on our Website, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our Website.

We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products specific to your interests.

Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our Website. In providing you with this service, we use cookies.

We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our Website may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.

We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings.

Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our Website, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third party site.

DO YOU HAVE CHOICES ABOUT COOKIES?

Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Website uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Website and/or use our services or participate in our sweepstakes, contests or promotions.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?

It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our Website or otherwise. All such transmission of information is at your own risk.

Moreover, though we are committed to having our Website comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.

CONTACT US

If you have any questions or comments about this Privacy Statement or the practices of our Website, please feel free to email us at customerservice@canupcoincompany.com. or visit our contact page.

[END OF PRIVACY AND INFORMATION SECURITY POLICY]

Terms and Conditions for Online PURCHASES

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

Applicability of Terms and Conditions. These terms and conditions (these “Terms“) shall apply to your purchase of products and related services through canupcoincompany.com, (the “Site“). These Terms are subject to change at any time without prior written notice by Canup & Sons, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site located at https://canupcoincompany.com/terms-and-conditions/. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms shall constitute your acceptance of and agreement to any changes therein made.
Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to us having sent to you the confirming email referenced herein.
Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
Except as set for the State specific return policies for the States listed in the Special State Refund Policies in Exhibit A, attached hereto and incorporated by reference, if you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within seven (7) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at https://canupcoincompany.com/terms-and-conditions/). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://canupcoincompany.com/privacy-policy and https://canupcoincompany.com/terms-and-conditions/. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
- Buyer’s R&Ws.
  - You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
  - You agree to pay for all metals, coins, currency and other numismatic/collectible items ordered, and all charges for orders, delivery and other services. You also agree to pay any taxes, assessments or other charges imposed by a government concerning your purchased metals, coins, currency, or any sales, use or similar tax associated with delivery, now or in the future.
  - You understand that investment in precious metals, coins and other numismatic/collectible items is speculative, unregulated and volatile, and that prices may rise and fall over time. There may still be a loss despite favorable price movement. Metals, coins and other numismatic/collectible items do not provide interest or current income.
- Manufacturer’s Warranty and Company’s Disclaimers.We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They may, however, be covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreements. You acknowledge and agree that under no circumstances shall we be liable for (i) any express or implied breach of any representation and warranties, or (ii) any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
- Liability Cap.UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
- Grades and descriptions of rare coins and currency are opinions, not statements of fact or guaranties, and are based on standards and interpretations that can, and do, change over time. We use contemporary grading standards and interpretations to grade coins. We do not guarantee that the coins or collectibles we sell will achieve the same grades from us or any third party in the future. We cannot guarantee the existence of a viable precious metals, coin market, or currency market, and we are not obligated to repurchase any items we sell. WE EXPRESSLY DISCLAIM ANY OTHER WARRANTIES WITH RESPECT TO PRECIOUS METALS, COINS, CURRENCY AND NUMISMATIC/COLLECTIBLE ITEMS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OR GUARANTIES HAVE BEEN MADE TO YOU REGARDING ANY OF THE PRECIOUS METALS, COINS, CURRENCY OR OTHER NUMISMATIC/COLLECTIBLE ITEMS PURCHASED FROM US, INCLUDING BUT NOT LIMITED TO FUTURE VALUE. YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF ANYONE SUGGESTS A GUARANTY OF PROFITS OR ABSENCE OF LOSSES, OR MAKES ANY STATEMENT OR REPRESENTATION THAT IS INCONSISTENT WITH THE TERMS IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE CONDUCTED AND WILL CONDUCT YOUR OWN RESEARCH AND ANALYSIS REGARDING PRECIOUS METALS, COINS, CURRENCY AND OTHER NUMISMATIC/COLLECTIBLE ITEMS THAT YOU MAY PURCHASE FROM US AND WILL NOT RELY UPON OR OTHERWISE CLAIM THAT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES HAVE BEEN MADE BY US CONCERNING THE FUTURE VALUE OF THE PRECIOUS METALS, COINS, CURRENCY OR OTHER NUMISMATIC/COLLECTIBLE ITEMS THAT YOU MAY PURCHASE FROM US.
- Our employees may from time to time discuss the general direction of various financial markets. Neither Us nor Our representatives can guarantee any market movement. Further, Our employees are not licensed as investment advisors and they are not making any specific recommendations concerning stocks or any other form of investment. We are not agents for You, We have different financial interests and incentives from You and owe no fiduciary duty to You. You acknowledge and agree to check with a licensed professional with expertise in a particular market before making a decision to buy or sell. We do not offer advice on the tax treatment of purchasing, selling or borrowing precious metals, rare coins and rare currency. You acknowledge and agree to consult with his or your tax advisor regarding such matters
Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to, or shall confer upon, any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.
- Governing Law. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws principles.
- Binding Arbitration.Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in Tarrant County, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by personal delivery, overnight courier, or registered or certified mail to: Canup & Sons LLC (The Canup Coin Company), PO Box 17234, Arlington, Texas 76003-2347.
Entire Agreement. These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

EXHIBIT A

SPECIAL STATE REFUND POLICIES

Nebraska, Maryland, Louisiana, Kansas, Connecticut

Company provides all first time customers the right to a refund for the return of undamaged and unused metal or coins, provided that Company receives written notice of cancellation within seven (7) calendar days after the date you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. Company shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by Company, whichever is later.

Hawaii, Mississippi, West Virginia, Arizona, Colorado, Montana, Oklahoma, Utah, Texas (credit card purchases only), Oregon, Nevada

Company provides you the right to receive a full refund for the return of undamaged and unused metals or coins, provided that Company receives written notice of the return within seven (7) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. Company shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by Company, whichever is later.

Indiana, Pennsylvania, Vermont, Wyoming, South Dakota

Company provides you the right to receive a full refund for the return of undamaged and unused metals or coins, provided that Company receives written notice of the return within ten (10) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. Company shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by Company, whichever is later.

North Dakota

Company provides you the right to receive a full refund for the return of undamaged and unused metals or coins, provided that Company receive written notice of the return within fifteen (15) calendar days after the date that you receive the merchandise. Your “receipt” of metals or coins is deemed to occur at the earliest of: (a) the date that you receive actual possession of the metals or coins; or (b) the date that you receive written confirmation that the metals or coins have been deposited on your behalf in an independent depository. Company shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by Company, whichever is later.

Alaska

Company provides all customers the right to receive a full refund for the return of undamaged and unused metals or coins, provided the customer gives Company timely notice of the return within seven (7) calendar days after the date the customer receives the merchandise. Timely notice is given if the return request is made in person within the seven (7) days or if the return or request is mailed, properly addressed and postmarked, postage prepaid, within the seven (7) days. Receipt of metals or coins is deemed to occur at the earliest of: (a) the date the customer receives actual possession of the metals or coins; or (b) the date the customer receives written confirmation that the metals or coins have been deposited on the customer’s behalf in an independent depository. Company shall, upon written notice of cancellation and receipt of the merchandise in the same condition as delivered, issue a full refund within thirty (30) calendar days from the date of cancellation or, where merchandise has been delivered, the returned merchandise is received by Company, whichever is later.

Terms and Conditions for SUBSCRIPTION SERVICES

Applicability of Terms and Conditions. These terms and conditions (these “Terms“) shall apply to your purchase of products and related services through canupcoincompany.com, (the “Site“). These Terms are subject to change at any time without prior written notice by Canup & Sons, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site located at https://canupcoincompany.com/terms-and-conditions. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms shall constitute your acceptance of and agreement to any changes therein made.
Subscription Services. By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must do one of the following at least 48 hours prior to your next scheduled renewal date to avoid charge: update your user account on the Site or email support at customerservice@canupcoincompany.com. All subscriptions started after the first of the month will be fulfilled for that month with a renewal date on the 1^st of the preceding month and thereafter. If you cancel, you may use your subscription until the end of your then-current subscription term. We may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement.
Payment Terms.In all cases, billing will occur on the 1st of every month unless you cancel or change the date on your account with proper notice. The price of the product delivered is based upon the curation costs of procuring the product and an administrative fee for curation. The fulfillment period ends and all Subscription items ship on the 15th of every month. By utilizing our services or accessing our website you agree to these terms and key operational dates. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time from any person or entity. Returns with the request of a refund will be refunded the paid amount for subscription cost minus the shipping and are at the discretion of customer support representative. Membership is void where prohibited by law. If any subscription is not fulfilled by the 15th of any given month we will not be held liable. Holidays, acts of god and other instances can cause a delay in operations. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping Information. It is our responsibility to ship your accepted order to you at the address you based on the information provided in your. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
Except as set for the State specific return policies for the States listed in the Special State Refund Policies in Exhibit A, attached hereto and incorporated by reference, if you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within seven (7) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://canupcoincompany.com/terms-and-conditions). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://canupcoincompany.com/privacy-policy and https://canupcoincompany.com/terms-and-conditions. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
- Buyer’s R&Ws.
  - You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
  - You agree to pay for all metals, coins, currency and other numismatic/collectible items ordered, and all charges for orders, delivery and other services. You also agree to pay any taxes, assessments or other charges imposed by a government concerning your purchased metals, coins, currency, or any sales, use or similar tax associated with delivery, now or in the future. You acknowledge and agree that the product delivered under this subscription agreement does not contain the value of the subscription price but rather the price of the product delivered is based upon the curation costs of procuring the product and an administrative fee for curation.
  - You understand that investment in precious metals, coins and other numismatic/collectible items is speculative, unregulated and volatile, and that prices may rise and fall over time. There may still be a loss despite favorable price movement. Metals, coins and other numismatic/collectible items do not provide interest or current income.
- Manufacturer’s Warranty and Company’s Disclaimers.We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They may, however, be covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreements. You acknowledge and agree that under no circumstances shall we be liable for (i) any express or implied breach of any representation and warranties, or (ii) any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
- Liability Cap.UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
- Grades and descriptions of rare coins and currency are opinions, not statements of fact or guaranties, and are based on standards and interpretations that can, and do, change over time. We use contemporary grading standards and interpretations to grade coins. We do not guarantee that the coins or collectibles we sell will achieve the same grades from us or any third party in the future. We cannot guarantee the existence of a viable precious metals, coin market, or currency market, and we are not obligated to repurchase any items we sell. WE EXPRESSLY DISCLAIM ANY OTHER WARRANTIES WITH RESPECT TO PRECIOUS METALS, COINS, CURRENCY AND NUMISMATIC/COLLECTIBLE ITEMS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY PRODUCT OR SERVICE IDENTIFIED ON THE WEBSITE. YOU REPRESENT THAT YOUR PURCHASE IS FOR YOUR PERSONAL BENEFIT AND NOT FOR AN INTENT TO RESELL. Nevertheless, the Website may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies and commodities. Company cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Website. Accordingly, there can be no assurance that such indicated results will be realized or that the values indicated for the commodities are the current market prices of such commodities. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Website operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
- YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OR GUARANTIES HAVE BEEN MADE TO YOU REGARDING ANY OF THE PRECIOUS METALS, COINS, CURRENCY OR OTHER NUMISMATIC/COLLECTIBLE ITEMS PURCHASED FROM US, INCLUDING BUT NOT LIMITED TO FUTURE VALUE. YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF ANYONE SUGGESTS A GUARANTY OF PROFITS OR ABSENCE OF LOSSES, OR MAKES ANY STATEMENT OR REPRESENTATION THAT IS INCONSISTENT WITH THE TERMS IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE CONDUCTED AND WILL CONDUCT YOUR OWN RESEARCH AND ANALYSIS REGARDING PRECIOUS METALS, COINS, CURRENCY AND OTHER NUMISMATIC/COLLECTIBLE ITEMS THAT YOU MAY PURCHASE FROM US AND WILL NOT RELY UPON OR OTHERWISE CLAIM THAT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES HAVE BEEN MADE BY US CONCERNING THE FUTURE VALUE OF THE PRECIOUS METALS, COINS, CURRENCY OR OTHER NUMISMATIC/COLLECTIBLE ITEMS THAT YOU MAY PURCHASE FROM US.
- Our employees may from time to time discuss the general direction of various financial markets. Neither Us nor Our representatives can guarantee any market movement. Further, Our employees are not licensed as investment advisors and they are not making any specific recommendations concerning stocks or any other form of investment. We are not agents for You, We have different financial interests and incentives from You and owe no fiduciary duty to You. You acknowledge and agree to check with a licensed professional with expertise in a particular market before making a decision to buy or sell. We do not offer advice on the tax treatment of purchasing, selling or borrowing precious metals, rare coins and rare currency. You acknowledge and agree to consult with his or your tax advisor regarding such matters
Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to, or shall confer upon, any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.
- Governing Law. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws principles.
- Binding Arbitration.Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in Tarrant County, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by personal delivery, overnight courier, or registered or certified mail to: Canup & Sons LLC (The Canup Coin Company), PO Box 17234, Arlington, Texas 76003-2347
Entire Agreement. These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

EXHIBIT A

SPECIAL STATE REFUND POLICIES

Nebraska, Maryland, Louisiana, Kansas, Connecticut

Hawaii, Mississippi, West Virginia, Arizona, Colorado, Montana, Oklahoma, Utah, Texas (credit card purchases only), Oregon, Nevada

Indiana, Pennsylvania, Vermont, Wyoming, South Dakota

North Dakota

Alaska