Conditions and Terms of Use

Last updated: September 30, 2010

Welcome to MintStateGold.com, a division of Stuppler & Company, Inc. ("SCI"). MintStateGold.com (the "Site"), SCI and its affiliates provide website features to you subject to the following conditions. Please read these terms and conditions of use ("Terms and Conditions") carefully before using the Site, as these Terms and Conditions constitute a binding contract between SCI and you (the "Customer"). By accessing the Site or placing an order for products at the Site, you agree to be bound by and accept these Terms and Conditions. If you are not willing to be bound by these Terms and Conditions, including the disclaimers contained herein, you must immediately cease all use of the Site. We will post a notice on the Site any time these Terms and Conditions have been changed or otherwise updated.

1. Our Business.

SCI is one of the major wholesalers of precious metals and rare coins in the United States. While we specialize in all U.S. gold and silver coins, we take pride in offering a wide range of Gold, Silver, Platinum and Palladium bullion products, bullion plus products, investment grade coins and rare coins.

2. Our Prices

The prices of bullion and bullion plus products are based on actively traded bullion markets within the U.S. and around the world. These prices fluctuate daily. The value of a bullion coin and a bullion plus coin (e.g. Maple Leaf, French 20 Franc Rooster, American Eagle) is determined by the current spot or market price of bullion. The value of an investment grade or rare coin is determined by a multitude of factors which can and do fluctuate independently from bullion prices, including but not limited to the perceived scarcity of the coin, its quality, current demand and market sentiment.

The description and prices of the inventory listed on the Site shall not constitute a legally binding offer, but rather an invitation to place an order pursuant to Section 7 below.

3. Our Commission.

When buying or selling gold, silver, platinum and palladium bullion coins and bars, our commissions range from 1% to 5%, depending on the size of your trade. Based on the scarcity of the bullion plus, investment grade and rare coins we offer for sale, our commissions range from 5% to 18%.

4. Limitations of Site.

All investments involve risk; coins and bullion are no exception. Historically coins have produced excellent gains. However, they may not be suitable for everyone. For that reason, all Customers agree to be responsible for their own due diligence and the financial suitability of any investment they make. Further, SCI makes no representations or assurances that any product purchased from through the Site will increase in value.

5. Authentication

SCI uses independent 3rd party grading services such as Professional Coin Grading Service (http://www.pcgs.com/), Numismatic Guaranty Corporation (http://www.ngccoin.com/), ANACS and ICGS to verify the authenticity of the coins sold through the Site. SCI relies upon the guarantees of these grading services for products that require grading to guarantee their authenticity and grade. Some items do not need to be graded to be purchased or sold. Whether a particular item requires grading shall be decided at the discretion of SCI.

6. Shipping/Delivery.

All our packages are shipped fully insured by Federal Express. Federal Express does not ship to P.O. Boxes. If you prefer to have your order shipped to a P.O. Box, it will be shipped insured through the United States Postal Service. When your order is shipped, you will receive an e-mail notification from us, which will contain your FedEx or USPS tracking code. All packages will require a signature however, SCI is not responsible items that are lost, stolen or otherwise damaged due to FedEx's failure to require a signature upon delivery. Should you be unavailable to sign at delivery, you'll receive a delivery notification slip that allows you to pick up your order at the nearest U.S. Post Office or Federal Express branch. Most orders are shipped either one or two-day Federal Express, but please allow up to 10 days for delivery. SCI will bear the shipping costs for bullion plus, numismatic, investment grade and rare coins (which, for purposes of Sections 6 – 9, shall be collectively referred to as "Numismatic Coins"). Bullion coins are shipped at the Customer's expensive. The risk of loss shifts to the Customer once SCI has delivered the order to the carrier pursuant to this section.

7. Payment

Customer agrees to pay the total purchase price for the product(s). Payment can be made by cashier's check, wire, and credit card for Numismatic Coins. However, we DO NOT accept credit card payments for bullion items. Payment for bullion items can be made by cashier's check, or wire. Please make your check payable to "Stuppler & Company, Inc" or "Mint State Gold". Once funds have cleared, your order will be shipped the next business day. Please be advised that it may take up to 10 days for cashier's checks or personal checks to clear. Orders are not binding upon SCI until your funds have cleared.

8. Taxes

Applicable California sales tax for all orders under $1,500.00 will be applied at checkout unless Customer provides an exemption certificate acceptable to the taxing authorities.

9. Return Policy

SCI offers a 15 day return policy on all Numismatic Coin orders. Customers have 15 days from the recorded date of delivery to return the item and receive a refund via check or credit card chargeback. SCI will pay any return shipping costs by providing you with a FedEx account number to use. This return policy does not apply to bullion orders. All bullion orders are FINAL. However, SCI may opt to buy back bullion from Customers pursuant to Section 11 below. If you are not fully satisfied with an item upon delivery, we urge you to contact us at sales@stuppler.com to resolve any issues.

10. Exchange Policy

SCI, at its sole and absolute discretion, may exchange one coin for another, or apply a particular coin toward the purchase of another. The value of such coin shall be based on the current market bid price, but the ultimate determination of the coin's value shall be at SCI's discretion.

11. Repurchase Policy

SCI may repurchase bullion at the current bid/buy price based on market price and demand. While we encourage you to sell the bullion back to us, you are in no way obligated to do so.

12. Individual Retirement Accounts

Only certain coins may be held in a precious metals Individual Retirement Account ("IRA"). While SCI may refer a Customer to an IRA company that provides trustee and custodial services for IRAs, such a referral does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring of such company. It is your sole responsibility to select the IRA company you want to work with, and we hereby disclaim any losses or damage incurred in connection therewith.

13. Intellectual Property; Copyright

The contents of the Site, including the Site's likeness, text, graphics, logos, button icons, images, audio and video clips (if any) and software, are the property of SCI, and are subject to the copyright or other intellectual property rights of SCI and to the terms of any licenses held by SCI. Such intellectual property is protected by federal and state law. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on the Site, or of any products or services sold by SCI, is strictly prohibited. Customers may copy information from the Site only as may be strictly necessary for Customer's own use to view, save, print, or transmit it. Otherwise, no portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by SCI.

You agree that you will not and will not allow others to decompile, disassemble, reverse engineer copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of SCI's technology. You shall use the Site solely for your own use and shall not allow others to use the Site under or through your account.

Nothing on the Site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Site without the written permission of SCI or the third party owner of the mark. SCI reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others.

14. Hyperlink Policy

The Site may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SCI of any information contained in any third party websites. In no event shall SCI be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website's privacy policy may be different from those applicable to your use of the Site.

15. Disclaimers

Any material downloaded, accessed or otherwise obtained through the Site is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results there from. SCI AND ALL OF ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY AND All WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, INCLUDING THE INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USAGE AS TO THE PERFOMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING , AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS.

NONE OF SCI, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "SCI PARTIES") MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SCI SITE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. NONE OF THE SCI PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE A SOLELY AT YOUR OWN RISK.

EACH USER OF THE SITE MAKE HIS OR HER OWN DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL FINANCIAL CRITERIA. SCI IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SITE. AS A CONDITION TO YOUR USE OF OUR THE SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE SCI PARTIES ARISING OUT OF OR RELATING TO THE PURHCASE OF ANY ITEMS THROUGH THE SITE.

SCI DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY.

IN NO EVENT SHALL ANY SCI PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE SITE, OR THE SUBMISSION OF ANY MATERIALS VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A SCI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Force Majeure

SCI shall not be liable to Customer or any third party if SCI fails to fulfill an order by a specific date if such failure is caused by supply shortage or an event of Force Majeure. "Force Majeure" includes, without limitation, an event caused by or resulting from an act of God; labor strike, lockout or other industrial disturbance; war (declared or undeclared); riot; epidemic; fire, flood, earthquake or other natural disaster or catastrophe; act of any government; and any other similar cause which is not within a party's control.

17. Indemnity

You agree to indemnify and hold SCI and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys' fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of this Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

18. Choice of Law; Disputes

This Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions and as if this Agreement was a contract wholly entered into and wholly performed within the State of California. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California, for any and all disputes, claims and actions arising from or in connection with these Terms and Conditions. In any dispute arising under these Terms and Conditions, the prevailing party will be entitled to reasonable attorneys' fees and expenses.

19. Arbitration

Any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to this Agreement or the Site, including whether the claims asserted are arbitrable, shall be exclusively and finally determined by a single-arbiter arbitration held in Los Angeles, California under the rules of the American Arbitration Association in effect from time to time. The claims shall be governed by laws of the State of California, without regard to conflict of law rules, and the enforceability of this arbitration agreement shall be governed by the Federal Arbitration Act. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Arbitrations arising from the same or related claims may be consolidated in one arbitral proceeding.

20. Termination

SCI reserves the right to refuse service, terminate relationships and/or cancel orders in its discretion.

21. Miscellaneous

This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter herein. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. A failure to act with respect to a breach by you or others does not waive SCI's right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect.

If you do not agree with any part of these terms and conditions, or you have dispute or claim against SCI or its supplier or affiliates with respect to this agreement, you should immediately refrain from using the Site.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SCI WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SCI RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Should you have any questions concerning this Agreement, please e-mail info@stuppler.com.

Stuppler & Company, Inc.
5855 Topanga Canyon Boulevard, #330
Woodland Hill, CA 91367
818-592-2800