Registry Collector

Last Modified September 1, 2008
INTRODUCTION

Welcome to this website, and other websites owned or controlled by Quantify Corporation. (we shall refer to these websites together as the "Site"). Quantify Corporation ("QC" or "we") provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (the "TOU"). By using the Site, you agree to be bound by the TOU. QC may modify the TOU at any time by posting the modified TOU on the Site along with a notice that the TOU have been modified on the homepage of each website comprising the Site. By continuing to access and use the Site after the modified TOU have been posted, you are agreeing to such modifications.

In addition, when using particular QC services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. For example, if you would like to become a member of the Registry Collector, you will be subject to the Registry Collector Membership Agreement. All such guidelines or rules, together with our Privacy Policy, are hereby incorporated by reference into the TOU.


DESCRIPTION OF SERVICE

The Site offers a wealth of information and services relating to coins and the coin market. The Site and all of the information, features and services available on or through the Site may be referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to the TOU.


REGISTRATION

You may be required to register for an account on the Site to access certain information, products or services offered on the Site. As part of the registration process, we will ask you to provide us with certain information about yourself, and you may be required to select a username and password. You are solely responsible for maintaining the confidentiality of your password and for all usage or activity on your account, including the use of your account by any person using your password. In addition, to obtain information, products or services through the Site for which we require a membership, subscription or other fee or charge, you may be required to provide credit card information.

If you choose to register on the Site or otherwise provide personal or payment information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, order form or other areas of the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to QC that is untrue, inaccurate, not current or incomplete, or if QC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Any personal and other information you provide to QC is subject to our Privacy Policy.


INFORMATIONAL PURPOSES ONLY

The Service is provided for informational purposes only. QC shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information, advice, data, text, URLs, graphics, advertising or any other materials or content transmitted or made available via the Service (collectively, the "Content"). QC shall not be responsible or liable for any decisions made in reliance on the Content. With respect to any financial or investment information regarding QC provided on the Site, such information is provided for informational purposes only and is not intended as investment advice. Such information is provided on a "let the investor beware" basis, meaning that you assume all risk for any investment, trading or other decisions you make based on such information. We advise that you consult a stock broker or other authorized financial advisor or representative before making any investment or other financial decisions.


THIRD PARTY WEB SITES

The Service may provide links to websites or resources outside of the Site. Because QC has no control over external sites and resources, you acknowledge and agree that QC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that QC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.


SUBMISSIONS

Any information, comments, ideas, graphics or other materials submitted by you to QC through the Site may be used or published by QC for any purpose, in any media, throughout the world and in perpetuity and without restriction or compensation or attribution to you.


PRODUCT SALES TERMS AND CONDITIONS

Unless otherwise expressly provided on the Site, the following terms will govern your purchase of any membership, subscription, publication or other products or services offered by QC (but not by other users of the Service) through the Site (together, "Products"). Additional terms may be posted on the Site, including on the online order or submission forms available on the Site.

Billing. If you wish to purchase Products on the Site, you must provide valid credit card information on the Site's order form. By submitting such credit card information, you give us permission to charge your purchases to the credit card that you designate on the order form.

Shipping and Handling. For transactions that require the use of regular or overnight mail, a shipping and handling charge will be applied. You agree to pay for any shipping and handling charges, as well as any and all applicable local and/or state taxes (if any) which are required to be collected by law in connection with the purchase of any Products by you. In addition, users who require that orders be shipped to international addresses will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders.

Cancellation and Refund Policy. We are unable to cancel or change any Product orders once they have been placed. We do not accept returns of Products, and all Product payments are non-refundable.


BUYING, SELLING AND TRADING COLLECTIBLES

The following terms will apply in the event that you choose to buy, sell or trade any collectibles or other items with any dealers, bidders, buyers, sellers, traders or any other third party participants on the Site or that you may encounter or learn about on or through the Site (collectively, "Participants"):

The Site acts as a venue between the buyer and the seller (or traders, as applicable) only, and is not a party to the sale or trade transaction. QC has no control over the items and services listed on the Site or purchased or traded through the Site, the quality of such items, or whether such items correspond to their description on the Site. QC also cannot ensure that a buyer, seller or trader will pay the money or send the goods or perform the services promised, and QC makes no warranty, express or implied, with respect to the performance of any Participant. You hereby release QC and its parents, affiliates, subsidiaries, and their respective officers, directors, agents and employees (collectively, the "QC Parties"), from any and all claims, disputes, demands, suits, liabilities and damages of every kind arising out of or connected with any transaction or other dealings you may have with any Participant. You understand that you offer, bid for, and agree to buy, sell and trade collectibles on or through the Site at your own risk.

In the event you participate in any online auction or other online transactions offered through the Site, you represent and warrant that (1) you are at least 18 years of age, (2) you own any item you are offering for sale or are otherwise fully authorized to engage in the transaction, (3) any description of an item or other statements that you make in connection with the transaction (whether made on the Site or otherwise) are accurate and not misleading, and (4) upon agreement on the terms of any transaction, you will promptly deliver the item(s) that are the subject of the transaction or deliver payment for such item(s), as applicable, and comply with any other agreed-upon terms of such transaction.

The collectibles market is volatile and thinly capitalized. Significant short-term price swings are always possible. In addition, the difference between the prices at which a dealer sells collectible items and the prices at which dealers will buy such items often can be large. QC does not guarantee members or other Participants a profit on any purchases or sales they make with any other Participants, or any purchase or sale made anywhere on the basis of information contained on the Site.


MODIFICATIONS TO SERVICE

QC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


TERMINATION

QC reserves the right, at its sole discretion, immediately and without notice to suspend or terminate the TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of the TOU or conduct by you that QC determines to be inappropriate.


QC’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by QC, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part.


INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless the QC Parties from any and all claims, disputes, demands, suits, liabilities and damages (including but not limited to reasonable attorneys’ fees) of every kind arising out of your failure to comply with your representations and warranties contained in the TOU or any other terms of the TOU, or your violation of any law or the rights of any third party.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND QC PRODUCTS AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIQCLAR PURPOSE AND NON-INFRINGEMENT.

QC MAKES NO WARRANTY THAT (i) THE QC PRODUCTS OR ANY OTHER PORTION OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SEQCRE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY QC PRODUCTS OR ANY OTHER PORTION OF THE SERVICE WILL BE ACQCRATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.


LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY QC PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.


EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


COPYRIGHTS AND COPYRIGHT AGENTS

QC respects the intellectual property of others, and we ask our visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by materials on the Site, please provide QC’s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. QC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Quantify Corporation, Inc.
183 Valencia Drive
Monroe, NJ
Telephone:
By e-mail: info@quantifycorp.com


GENERAL INFORMATION

The TOU constitute the entire agreement between you and QC and govern your use of the Service, superceding any prior agreements between you and QC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and QC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and QC agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Orange County in the state of California. The parties irrevocably waive their rights to a trial by jury with respect to any controversy or claim arising out of or relating to the TOU. The court shall award to the prevailing party, in addition to any other relief deemed appropriate, the prevailing party's attorneys' fees and costs of litigation, whether or not those are otherwise available to the prevailing party by statute.

The failure of QC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.


CONTACTING US

If you have any questions or comments about these terms, please contact us at info@quantifycorp.com. Please report any violations of the TOU to info@quantifycorp.com.