Website Terms of Use

EFFECTIVE DATE:   January 1, 2021

Please read the following terms of use (the “Terms of Use”) carefully. These Terms of Use govern your use of our website, ssgccoin.ca, associated content (“Content”) and functionality contained on the Website (collectively, the “Site”). The Site is the property of Seven Seas Grading Company (“SSGC” as defined below) and its licensors.  By accessing, browsing, downloading or using any part of the Site or registering an account to receive any Services (defined below), you acknowledge that you have read and understood the Terms of Use and that you accept and agree to be bound by the Terms of Use. Any use of the Site is at your sole risk.

INTERPRETATION

Definitions

In these Terms of Use, the following definitions apply:

1. “SSGC” means Seven Seas Grading Company and all of its respective directors, officers, agents, and employees.

2. “Member” means any person who opens and maintains an account with SSGC.

3. “We,” “us,” or “our” refers to SSGC.

4. “Personal Information” means information provided by you when opening an account with SSGC, which may include your name, username, password, email address, phone number, mailing address, or any other demographic or identifying information.

5.  “you” and “your” refer to any individual accessing the Site or any Member.

SERVICES

General

2.1  SSGC provides coin grading and authentication services, coin appraisals and coin sales to persons located in Canada and the United States of America  (the “Services”).  Through use of the Site you may ship coins, metal tokens of coin (disc) format to us so we may provide our Services to you.  All such coins and tokens are referred to as “Coins”.  Our Services and pricing may change without notice so you should regularly view our Site for up-to-date Services and pricing. SSGC reserves the right to refuse to provide Services, or to limit the Services provided, refuse service or refuse access of any visitor to our Site.   Prior to providing Services to you, we may verify the information provided by you.

Payment Processing:

2.2   SSGC uses the services of a third party payment processor to process your payment for Services.  We refer you to our Privacy Policy that governs use of your personal information.

SSGC will not provide Services until payment has been authorized.

If SSGC is unable to process your payment on the first attempt, we have the right, but are under no obligation, to attempt a second try to process the payment and you authorize us to do so.

In the event payment is unable to be processed, SSGC will attempt to contact you and inform you that payment was unsuccessful and could not be processed. We are not responsible or liable in the event payment could not be processed.

In the event you place an order to purchase a Coin and your payment could not be processed, SSGC may sell the Coin to a third party without notice or any liability to you.

Shipping & Handling:

2.3  When submitting Coins to SSGC, the shipping costs shall be at the Member’s expense. The Member is responsible to insure the Coins in transit to and from SSGC. Under no circumstances will SSGC accept C.O.D. shipping charges.

Coins will be returned to you with a minimum insurance coverage of $100 CDN which is included in the shipping costs via Canada Post. High valued Coins will be sent to you by a secured, bonded carrier which will require a signature of receipt.   International shipments and high valued coins require quotes. The Member will be responsible to pay the shipping costs, and will require a quotation for shipping/insurance rates.

Shipping costs includes insurance coverage on the declared coin value, weight of parcel, packaging costs, signature fee (tracking) and transportation fee as set by Canada Parcel Post for registered Parcel service, signature required.

Hand written address on submission forms instructing a forwarding address will not be accepted.  The Member’s mailing address on the Member’s account will be the default address for shipping.  It shall be the Member’s responsibility to keep account information up-dated on a regular basis.

Use of Website

2.4   SSGC grants you a personal, non-transferable, non-exclusive, limited license to use the Site to view, order and pay for the Services.   Use of the Site is subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, or any other Content available via the Site. You further agree not to modify the Site, or any part thereof, in any form or manner, nor to use any modified versions of the Site, for any reason whatsoever.   You may not attempt to gain any unauthorized access to the Site or any of its Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the Site is permitted, unless expressly provided for under these Terms of Use or otherwise specified in a prior written agreement between you and SSGC.

Modification of Terms of Use

2.5   SSGC reserves the right to modify these Terms of Use at any time upon 7 days’ notice.   We will provide notice by changing the “Effective Date” at the top of this page so you can tell if these Terms of Use have changed since your last visit.  Please review these Terms of Use regularly because 7 days after we post any changes, your continued use of the Site constitutes your acceptance of the revised Terms of Use.

Site Maintenance

2.6   We reserve the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

YOUR RESPONSIBILITIES

General

3.1   You retain the right to terminate your account with us at any time.  Upon termination, you will no longer be able to order Services from us.

3.2   SSGC reserves the right to terminate the Terms of Use, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, materials, functionalities, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with the Terms of Use may, among other things, result in the immediate termination of your access to and use of the Site.

Member Accounts, Passwords and Security

3.4   In order to purchase our Services, you will be required to open an account (including establishing a username and password).   The account will include information such as your name, shipping address, phone number, email address and payment information (such as credit card).   If you choose to open an account with us, you agree to provide accurate personal information and to update your account if any of your personal information changes, so we can provide you the best possible Services.  By creating an account, you explicitly agree to the Terms of Use, including the Privacy Policy and any amendments made to the Terms of Use and Privacy Policy.

3.5   You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account or username. You agree to notify SSGC immediately upon learning of any unauthorized use of your account, username, or password or any other breach of security. However, you may be held liable for losses incurred by SSGC or any other user of, or visitor to, the Site due to another person using your account, username or password.

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

No Unlawful or Prohibited Use

3.7   You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of any municipal, provincial, state or federal laws that govern you or that govern these Terms of Use. You further agree to reimburse SSGC for any damage, loss, cost, or expense that SSGC incurs, including any legal fees, because of your use of the Site or the Services for any unlawful or prohibited purpose.

3.8   Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer Sites or networks connected to any server or Sites through hacking, password mining or any other means; (v) to access Sites, data or information not intended by SSGC to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

3.9   In addition, in connection with your use of the Site, you agree you will not:

1. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

2. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SSGC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

4. upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;

5. upload or transmit any material that infringes any patent, copyright, trademark, design, trade secret, confidential business information or other proprietary rights of any party;

6. probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;

7. use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any Content or information on the Site. 

3.10   SSGC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. SSGC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, SSGC reserves the right at all times to disclose any information as SSGC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SSGC’s sole discretion. You also agree to reimburse SSGC for any damage, loss, cost or expense SSGC incurs (including fees or costs of lawyers, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.

PRIVACY POLICY

4.1   The terms of the SSGC privacy policy (the “Privacy Policy”) also apply to your access and use of the Site and Services, and the terms of the Privacy Policy are expressly incorporated into and form a part of the Terms of Use.

OWNERSHIP OF PROPRIETARY CONTENT

Ownership of Content

5.1   You understand and agree that SSGC owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, computer code, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

5.2   You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of Canada and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, unregistered trademarks, registered trademarks, trade secrets, and confidential business information, and all such rights are and shall remain the property of SSGC or its licensors and content-providers.

Copying Content is Prohibited

5.3   Except as expressly provided in these Terms of Use, no part of the Site, and no Content, materials, or other information on the Site, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without SSGC’s express prior written consent.

DISCLAIMER OF WARRANTIES

No Warranties

6.1   EXCEPT AS EXPRESSLY PROVIDED IN WRITING OTHERWISE BY SSGC, THE INFORMATION, SOFTWARE, CONTENT, OR MATERIALS AVAILABLE FROM OR PROVIDED ON OR VIA THE SITE, AND THE SERVICES PROVIDED BY SSGC (INCLUDING COINS SOLD BY SSGC),  ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SSGC SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.

6.2   SSGC AND/OR OUR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT (A)  THE SITE, OR ANY PART THEREOF ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, (B) RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, (C) THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED (D) THE QUALITY OF ANY SERVICES OR COINS YOU PURCHASE WILL MEET YOUR REQUIREMENTS. SSGC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SITE WITHOUT NOTICE. FURTHER, SSGC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. SSGC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE.  SSGC AND/OR OUR LICENSORS

Disclaimer of Typographical Errors

6.1   The Site could include technical inaccuracies or typographical errors. SSGC shall have no liability in connection with any such inaccuracies or errors, nor shall SSGC have any obligation to identify and/or correct any such inaccuracies or errors.

Disclaimer of Viruses

6.2   All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the Site is disclaimed.

LIMITATION OF LIABILITY

7.1   TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SSGC IN RESPECT OF ANY DIRECT LOSSES, DAMAGES AND COSTS INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR YOUR PURCHASE OF SERVICES OR COINS EXCEED $500.00.  NOTWITHSTANDING THE FOREGOING, IF ANY DIRECT LOSSES, DAMAGES OR COSTS INCURRED BY YOU ARE COVERED BY THE SHIPPING INSURANCE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SSGC EXCEED THE AMOUNT OF THE INSURANCE PAID ON THE CLAIM.

7.2   IN NO EVENT WILL SSGC OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY PROPERTY LOSS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR PURCHASE OF SERVICES, OR YOUR ATTEMPT TO PURCHASE SERVICES, OR YOUR USE OF, OR INABILITY TO USE, THE SITE,  WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

8.1   You agree to indemnify, defend, and hold SSGC harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including lawyers’ fees), brought by any third party in connection with or arising out of Content, data, or information that you submit, post to, or transmit through the Site or SSGC, your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and SSGC, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

FEES AND PAYMENT

9.1   You agree that by any Services, you agree to pay all applicable fees and taxes related to the Services.

9.2   In the event that you fail to make payment of any amount owed under your SSGC account, SSGC reserves the right to suspend or terminate your account.

GENERAL

Assignment

10.1   Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and SSGC.  SSGC may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of SSGC.

Enurement

10.2   These Terms of Use shall be binding on and enure to the benefit of the parties hereto and their respective successors and assigns.

Irreparable Harm

10.3   You agree that any violation, or threatened violation, by you of these Terms of Use, or the Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. You agree we may ask a court for preliminary injunctive relief in aid of arbitration without waiving our right to individual arbitration of any and all disputes arising under these Terms or Use or the Privacy Policy.

Severability

10.4   If any provision, or part of a provision, of the Terms of Use us found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part thereof is deemed severable from the Terms of Use and will be enforceable to the maximum extent permissible, and all other provisions of the Terms of Use will remain in full force and effect.

Choice of Law and Forum

10.5   The Terms of Use are governed by the applicable legislation of the Province of Alberta, as well as any applicable federal legislation of Canada. The courts of the Province of Alberta, including the federal courts sitting in Alberta, without regard to their conflicts of law provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the Site or Services. Regardless of your physical location, residence, or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta identified above.

Entire Agreement

10.6   The Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you, SSGC, its users, or any third party. The Terms of Use, including the Privacy Policy incorporated herein, constitute the entire agreement between you and SSGC. If there is any conflict between the Terms of Use and any such fully-executed separate agreement, the fully-executed separate agreement shall prevail.

Non Waiver

10.7   If, in any circumstances, SSGC chooses not to enforce any provision of the Terms of Use, that choice does not constitute a waiver of SSGC’s rights under that provision. Any rights not expressly granted herein are reserved.