Terms and Conditions
Last updated: June 28, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.apache-coins.com website (the "Service") operated by Apache Coins LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Apache Coins LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Apache Coins LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Apache Coins LLC.
Apache Coins LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Apache Coins LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Apache Coins LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Apache Coins LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Apache Coins LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
ACCEPTANCE OF TERMS
The prices displayed on the Site are quoted in U.S. Dollars and are subject to change at any time. We reserve the right to refuse any order you place with us and we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made in the event we make a change to or cancel an order. The creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product. An order can be cancelled for various reasons pursuant to the terms of our cancellation policy and we reserve the right to accept or decline your order for any reason up until the time the product is actually shipped to you. If you are unsatisfied with a product, you may return it in accordance with the terms of our return policy
OUR SITE FEATURES AND CONTENT
Unless otherwise noted, the features and our content on the Site, including our software, text, images, illustrations, designs, photographs, videos and other materials, is owned or licensed by Apache Investments LLC. You may use these features and content for your personal, non-commercial use only. No right, title or interest in any of our features or content is transferred to you as a result of accessing or using them. All intellectual property rights in the Site features and our content, including copyright, patent, trademark and trade dress rights, are expressly reserved by Apache Investments LLC or Legacy Inc.
We reserve the right at any time to change, modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order.
LINKS TO OTHER WEB SITES AND SERVICES
Our Site may contain links to other websites that we do not own or control. We have no responsibility for these sites nor does linking to them necessarily constitute an affiliation, recommendation or endorsement.
You are prohibited from violating or attempting to violate the security of this Site, or attempting to use the Site to gain unauthorized access to any other computer system. Such violations may result in civil or criminal liability. We may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, AND THE PRODUCTS, INFORMATION, DATA AND CONTENT FOUND ON THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVERS MAKING CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold Apache Investments LLC its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of this Site, your content, or your violation of these terms.
In the event of any claim, action or dispute arising out of or related to any transaction conducted on this Site, or the breach, enforcement, interpretation, or validity of these terms, we agree first to communicate by in writing to the contact address used in connection with this Site, and describe the facts and circumstances, and allow the recipient at least thirty days to respond or settle the dispute prior to taking any other form of action, including legal action.
CHOICE OF LAW
These terms shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under these terms shall be resolved exclusively by the Minnesota state or federal courts located in the State of Minnesota. No modification or waiver of these terms shall be enforceable unless in writing signed by us. These terms are severable, and if anyone is deemed unenforceable, all other terms shall remain in full force and effect. These terms constitute the entire agreement between us relating to your use of the Site.
CHANGES TO THESE TERMS