By electing to access and/or use our Website, purchasing items from, and/or entering into transactions with, NATIONWIDE COIN & BULLION RESERVE, INC., a Texas corporation (“NCBR”), you agree to each of the terms and conditions herein set forth (collectively, “Terms and Conditions”), which wholly supersede any oral or written statement made by NCBR, any agent of NCBR, or any combination thereof, and you expressly disclaim any reliance on any representations, opinions or statements made by NCBR, any agent of NCBR, or any combination thereof, during, related to, or in association with, your transaction and/or an NCBR service. These Terms and Conditions apply to all orders, purchases, sales and transactions made between you and NCBR via telephone, through our Website or otherwise.
Before you may place an order to purchase, sell or trade coins with NCBR through our Website, you must read and accept all of the terms included in these Terms and Conditions. If you have placed an order to purchase, sell or trade coins with NCBR via telephone and these Terms and Conditions are unacceptable to you, you may be eligible to utilize our return policy as herein contained under Section 11. Otherwise, you agree to, and further acknowledge your full acceptance of, these Terms and Conditions.
“You”, “your” and “yours” refer to the party who is accessing or attempting to access the Website, using the Services, purchasing items from and/or entering into transactions with NCBR.
“We”, “us”, “our” and NCBR refer to Nationwide Coin & Bullion Reserve, Inc. and its affiliates.
Content – All information contained on the Website.
Marks – This term is defined in Section 10 below.
Service(s) – The service(s) offered by NCBR through the Website, including but not limited to, accessing information regarding your purchase and/or sale of coins and currency and managing preferences with respect to notifications related to same, and all orders, purchases, sales and transactions made between you and NCBR via telephone, through our Website or otherwise.
NCBR grants you a non-transferable and limited license to access and make use of the Website to utilize the Service. The license granted in this Paragraph 3 does not include any resale or commercial use of the Website or the Content; any derivative use of this site or the Content; any downloading or copying of information or Content; or any use of data mining, robots, or similar data gathering and extraction tools.
If your Account is expired or closed for any reason, you may only access the Service by contacting NCBR and receiving its authorization. Your User ID and Password will not allow you to access the Service for an expired Account.
You acknowledge and agree that, without the prior written consent of NCBR, which consent may be withheld at NCBR’s sole discretion, you will not:
(a) Copy, reproduce, duplicate, reverse engineer, reverse assemble, adapt, translate, modify, decompile, disassemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any Content, publish, license, create derivative works from, transfer, sell, resell, publish or in any other way commercially exploit any information, application, software, programs, products, Marks, Content or services obtained through the Service or on the Website;
(b) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;
(c) Use the Service for illegal, fraudulent or defamatory purposes or take any steps that could undermine the security or integrity of the Website or the Service;
We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Website, and/or the Service, or any portion thereof, at any time, if we believe that you are violating these Terms and Conditions, and you agree that (a) if your authorization to enter the Website and/or use the Service is terminated, you will not thereafter enter, use and/or access the Website and/or the Service or attempt to do so, directly or indirectly, and (b) if your authorization to enter the Website, and/or use the Service is suspended, you will not thereafter enter, use and/or access the Website, and/or the Service, or attempt to do so, directly or indirectly. In the event of such termination you may still access information available on the Website by calling the toll-free number found in the “Contact Us” section of the Website.
For the avoidance of doubt, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Website including, without limitation, the availability of any Content contained on the Website at any time for any reason (or for no reason) and without notice or liability, and (b) we may, with or without notice to you, change any of the Services offered by NCBR whether presented on the Website or otherwise.
By using the Website, you authorize us to accept electronic submission of the data that you transmit to us through the Website including, but not limited to, your data and payment information. You agree to comply with U.S. and Canadian law, as applicable, regarding the transmission/export of data through the use of the Website or Service. You are solely and expressly responsible for the accuracy of the data you submit electronically through the Website, via telephone or otherwise to NCBR. Transmission and telephonic records and files will be conclusive proof of use of the Website and/or the Service and will be considered your submission of your data to NCBR through the Website, via telephone or otherwise.
We are committed to protecting the privacy of your personal information or personal information transmitted by you. For complete details, see our Privacy Statement linked at the bottom of the Website’s homepage.
When you use the Website, contact us via telephone, or send emails to us, you are communicating with us electronically. The term “electronic communication” means any communication of instructions by telex, telephone, Internet, mobile device, wire or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer. We will consider any electronic communication received from you, or in your name, to be duly authorized by you. You authorize us to rely and act on any such communication. If the communication is by facsimile transmission, we will be entitled to act upon any signature purporting to be your signature. If we try to verify the signature on a facsimile transmission or the validity of any instructions electronically communicated (though we are not obligated to do so) and are unable to do so to our satisfaction, we may delay in acting on or refuse to act on such instructions. We may, at your request, forward to you copies of any statements, instruments or other documents by facsimile or other electronic transmission to the number or address provided by you. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using the Service or the Website. You agree that our records regarding any electronic communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. Our records will be conclusive proof of the information contained in such electronic communications. You consent to receive communications from us electronically. We may communicate with you by email or, if specifically authorized by you, by SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you elect to receive SMS alerts, you may terminate those alerts at any time by opting out on the Website or by replying “STOP” to any SMS alert; you may also obtain more information regarding the alerts by replying “HELP” to any SMS alert. Message and data rates may apply to SMS alerts. For more information, please contact customer service using the “Contact Us” section of the Website. The frequency of SMS alerts you receive will depend on the type of alerts for which you subscribe: daily, weekly, in response to account activity, and/or as otherwise specified when you opt-in to the alerts.
If you elect to receive e-mail alerts, you may terminate those alerts by opting out at any time on the Website. However, as we will occasionally need to send you certain email messages that are important to your use of our Website, we retain the right to provide service updates to you via email. Because this information may be important to your use of our Website, you will not be able to opt out of receiving such messages.
We receive names and mailing addresses from third parties for direct mail marketing purposes. We share personal data with 3rd party marketing partners for the sole use of developing commonly used marketing profiles for commercial use only. If you wish to opt out of your data being shared with 3rd parties, please email us at email@example.com.
All Content contained on the Website is the property of NCBR and/or its licensors. The trademarks, logos, and service marks used on the Website are the property of NCBR and its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of NCBR and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. The trademarks, logos, service marks, and trade dress described herein are collectively referred to as the “Marks.”
Content posted by NCBR on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the intellectual property of NCBR and its licensors and is protected by United States and international copyright laws, with all rights reserved unless otherwise noted.
Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of, as applicable, NCBR or the owner of the intellectual property. Without limiting the generality of the foregoing, your use, copying, republication or redistribution of the Content or Marks, including by caching, framing or similar means, is expressly prohibited without the prior written consent of NCBR or as otherwise permitted by the Service. You agree not to reproduce, modify, alter, deface, create derivative works or publicly display any of the Marks or Content made available through the Website without first receiving our express written permission. You further agree not to use the Content for any purpose other than the purpose for which such Content is made available to users through the Website.
You shall not distribute, either internally or to the public, any materials (including but not limited to advertisements, Internet notices or web pages, brochures and posters) that refer directly or indirectly to NCBR, NCBR’s registered Marks, NCBR’s merchant partners and their Marks, or the NCBR products or services without the prior review and written approval from NCBR.
NCBR recommends that coins, rare currency and bullion should, at all times, only be part of a diversified portfolio.
(B) HOLDING PERIOD.
If you are purchasing coins, rare currency or bullion for investment purposes, they should be considered a long-term investment. NCBR believes that rare coins and currency should be held for at least 3-5 years and, preferably, 5-10 years to maximize your potential for any possible, but not guaranteed, gains. Any specific holding period may be affected by current market conditions which may require a longer or shorter holding period.
(C) LIQUIDATION/BUY-BACK POLICY.
When you decide to sell your coins or currency, NCBR appreciates the opportunity to purchase them at our current bid/buy price. NCBR is familiar with the quality and marketability of the items sold by NCBR, and does not charge any additional fees or commissions when making such purchases. Depending upon market conditions and your original purchase price, you may receive less than what you paid for the coins and currency.
The law prohibits guaranteeing to repurchase coins. Therefore, NCBR’s buy-back policy is not to be construed as a guarantee and is subject to change without notice.
All packages shipped to NCBR’s clients are insured. Your acquisitions will be delivered within twenty-eight (28) days of payment of good funds (unless your State requires a different delivery period). If a shipment is lost or damaged, NCBR will, at NCBR’s sole election, either (i) replace the items or (ii) refund your purchase price.
Please inspect the shipment thoroughly upon receipt to ensure you have received your order and that the items track the description on your delivery invoice. Any variance from your order must be reported to NCBR in writing within five (5) days of receipt of your shipment and you must have all original packing materials intact. Unless otherwise herein indicated, all sales are considered final.
All investments involve risk. Coins, currency and bullion are no exception. The precious metals, rare coin and rare currency markets are speculative, unregulated and volatile. Prices for these items may rise or fall over time. The value of a bullion coin is largely determined by the current spot or market price of bullion. This price fluctuates throughout the trading day. NCBR does not guarantee any client buying for investment purposes, or otherwise, will be able to sell for a profit in the future. Bullion, rare coins and currency can go down as well as up in value. These items may not be suitable for everyone. NCBR does not determine the suitability of any specific person to purchase rare coins or currency or bullion.
The value of a numismatic or rare coin is determined by multiple factors which can and do fluctuate independently from bullion prices. These factors include: the perceived scarcity of the coin, its quality, current demand, market sentiment and economic factors.
You should consult with your independent financial advisor regarding whether an investment in rare coins or currency or bullion is right for you. You should not acquire any products from NCBR if you are not competent or qualified to make your own financial decisions. You should obtain a thorough understanding of the coin and bullion items before you acquire these items as a collector, investor or otherwise. You should evaluate its current market value, potential for appreciation and liquidity. Since rare coins, currency and bullion can decline and vary in value, you should have adequate cash reserves and disposable income before you consider acquiring coin, currency or precious metals. Early withdrawal from accounts or securities which may result in substantial penalties or fees is not recommended under any circumstances. You should consult with your independent financial advisor before disposing of any security, annuity, Certificate of Deposit or other investment to acquire rare coins, currency or bullion.
The prices charged by NCBR are subject to change based on market conditions. Prices are set internally based upon analysis of a variety of factors and are not necessarily tied to the prices quoted by any other organization. The price differential or “spread” between NCBR’s selling price (the “ask” price) and the buy-back price (the “bid” price) is often referred to as a “transaction cost.” The profit before operating expenses may be more or less than the spread based on various factors including, but not limited to, the following: quantity purchasing, favorable or unfavorable purchases and positive and negative market conditions. NCBR acts as a principal, not as a broker, and generally owns the coins and precious metals it buys and sells.
NCBR does not recommend exchanging rare coins and/or currency (trading one coin or currency for another) unless you fully understand the costs involved in the buy and the sell transactions including, among other things, the spread for each item involved in any exchange transaction, since you must overcome both spreads before you possibly may make a profit.
(F) RETURN POLICY.
For your protection and convenience, NCBR provides clients with the opportunity to a refund on their first transaction for coins and currency without any reason whatsoever. Notwithstanding anything herein contained to the contrary, this refund policy does not apply to bullion purchases or special orders. All bullion and special-order products are non-refundable. To be eligible to receive a first transaction refund, the client must notify NCBR in writing of his or her cancellation of their first transaction within ten (10) calendar days from the date the written trade confirmation is mailed to the client (based upon the postmark) or delivered to a third-party carrier such as Federal Express. Notice must be in writing via US Postal Service, facsimile or email and sent no later than the last day of the aforementioned refund period as determined by the postmark if mailed, date of fax transmission if faxed, or date of email as set forth in the email header. All other transactions are final upon taped confirmation by a NCBR representative and are not subject to cancellation. (Your State may have additional refund and cancellation rules which supersede NCBR’s refund policy, above; please consult the terms and conditions set forth on the back of your invoice for specific rules which may apply to your purchase.)
(G) ACCOUNT MANAGERS.
The Account Managers at NCBR are generally commissioned salespersons. Their commissions are usually greatest on rare coins and semi-numismatic coins and least on bullion related items. Their work experience, knowledge, background and training vary widely. They and/or NCBR may receive, from time to time, undisclosed compensation for recommending specific coin or currency items (including but not limited to contests, cooperative advertising, and trading profits in coins that they may own and/or sell). NCBR’s personnel are not licensed as investment advisors and are not authorized to recommend the purchase or sale of any product as an investment or sell any other product other than the items specifically sold by NCBR. Always check with a licensed professional with expertise in a particular market before making a decision to buy or sell any security, bond, annuity, financial instrument or financial product. Further, NCBR’s personnel are not tax advisors and may not provide any advice regarding taxability, tax rates or related issues for any product NCBR sells. You should always consult with your tax advisor regarding any questions about the tax implications of buying or selling bullion, rare coins or currency.
NCBR uses the numerical Sheldon Scale grading system which rates uncirculated rare currency and uncirculated coins from 1 to 70. Typically, the higher the grade, the more a coin or currency is priced. The grade assigned to a coin reflects its strike, luster, marks, scratches and overall eye appeal. Grading is a subjective art and is always subject to the opinion of the person grading the coin or currency. Thus, grading can and does vary from rare coin firm to rare coin firm, from grading service to grading service and from expert to expert. A difference of one grade (e.g., MS64 to MS65) can result in a significant change in the valuation of a rare coin or currency. Grading standards may continue to change, becoming more or less stringent. Grades and descriptions of rare coins and currency are opinions based on standards and interpretations that can and do change over time, and they are in no way intended to be, nor should be interpreted to be, statements of fact or guarantees.
When you acquire a coin or currency from NCBR that is independently graded by a third party grading service, such as Professional Coin Grading Service (PCGS) or Numismatic Guaranty Corporation (NGC) for coins and Currency Grading & Certification Incorporated (CGC), Paper Money Guaranty (PMG) or PCGS Currency for rare currency, please note that NCBR relies entirely on the expertise/determination of the grading service and upon definitions provided by these independent grading services, including definitions of such terms as PCGS’ “First Strike®” which refers to coins packaged and delivered by the US Mint in the thirty (30) day period following the initial sales date of a new product. NCBR does not re-grade or independently evaluate the product’s grade in its sealed holder, although from time to time NCBR does remove items from their sealed holder and re-submits them to the grading services. NCBR reserves the right to deliver independently graded coins that have been graded by an independent grading service of its choice, such as PCGS or NGC. NCBR guarantees that the rare coins and other items it sells are genuine. NCBR EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO COINS OR OTHER ITEMS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You represent and warrant to NCBR that you have sufficient experience and knowledge to make informed decisions to purchase coins from NCBR. You acknowledge you are making your own decision to purchase coins from NCBR and/or conduct transactions with NCBR. Additionally, you acknowledge all statements, opinions, and pricing relayed to you by NCBR representatives are believed to be reliable, truthful and accurate, but they are not guaranteed in any way and are subject to change without notice. You acknowledge that NCBR advises, and you have had the opportunity to perform your own due diligence in deciding the amount and type of your coin transaction. You understand and acknowledge that past performance is not a guarantee of future returns.
YOU ACKNOWLEDGE THAT NCBR IS NOT LIABLE FOR ANY CLAIMS OR LOSSES WHICH MIGHT BE INCURRED WHILE RELYING ON INFORMATION PUBLISHED AND/OR DISSEMINATED BY NCBR. YOU FURTHER EXPRESSLY DISCLAIM ANY RELIANCE ON ANY REPRESENTATIONS, OPINIONS OR STATEMENTS MADE BY NCBR, ANY AGENT OF NCBR, OR ANY COMBINATION THEREOF, DURING, RELATED TO, OR IN ASSOCIATION WITH, YOUR TRANSACTION, AND/OR NCBR SERVICE, INCLUDING, BUT NOT LIMITED TO, RELATED TO THE VALUE OF ANY COIN OR BULLION PRODUCTS.
Telephone calls may be, but under no obligation to be, monitored and/or recorded by NCBR in an effort to assure quality control and policy compliance. You accept and acknowledge these Terms and Conditions for NCBR customers, potential customers and Website visitors.
Your privacy is important to NCBR. If at any time you no longer wish to be contacted by a NCBR representative, please call or write and ask to be placed on NCBR’s Do Not Call list.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NCBR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEBSITE, ITS CONTENT, AND ANY SERVICE AND/OR ITEM FURNISHED OR, TO BE FURNISHED BY, NCBR. THE WEBSITE, ITEMS AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, THE ITEMS OR THE SERVICES. TO THE MAXIMUM. NCBR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, ITS CONTENT, THE SERVICES OR THAT ANY ERRORS IN ITS CONTENT AND/OR THE SERVICES WILL BE CORRECTED. NCBR DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE SECURE OR FREE OF INTERRUPTIONS, ERRORS OR VIRUSES.
IN NO EVENT WILL NCBR BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT OR THE SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR ITS CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT, EVEN IF NCBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ITS CONTENT, OR WITH THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
WITH RESPECT TO ANY COIN TRANSACTION OR SERVICE, NCBR’S LIABILITY SHALL, AT ALL TIMES AND IN ALL EVENTS, BE LIMITED TO A REFUND/REPLACEMENT OF THE COIN UNDER NCBR’S THEN CURRENT AND ELIGIBLE RETURN POLICY, IF ANY, AS SET FORTH IN THESE TERMS AND CONDITIONS, AND SHALL IN NO EVENT EXCEED THE ORIGINAL PURCHASE PRICE OF THE COIN. FURTHER, NCBR DISCLAIMS LIABILITY FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, WITH RESPECT TO ANY COIN TRANSACTION, SERVICE AND/OR THESE TERMS AND CONDITIONS, EVEN IF NCBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NCBR’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Our Website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience and NCBR is not responsible for, and we do not give, any warranties or make any representations regarding, any such websites and/or services, and we are not responsible for or liable in relation to the content or your use of such websites.
Any claims and disputes arising, under, out of, relating to, or connected with, the Website, these Terms and Conditions and/or the Service must be asserted individually and in writing. All claims and disputes arising under, out of, relating to, or connected with, the Website, these Terms and Conditions and/or the Service (including, but not limited to, its interpretation, application, validity, performance and breach and matters pertaining to arbitration) are to first be settled by any then current and applicable NCBR buy back policy subject to any then current NCBR return policy. ANY AND ALL CLAIMS AND DISPUTES THAT MAY ARISE BETWEEN CUSTOMER AND NATIONWIDE COIN & BULLION RESERVE, INCLUDING ITS EMPLOYEES, ARE TO BE SETTLED BY ARBITRATION IN THE STATE OF TEXAS, COUNTY OF HARRIS. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT AND SHALL INCLUDE THE ASSESSMENT OF COSTS, EXPENSES AND REASONABLE ATTORNEYS’ FEES. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR EXPERIENCED IN PRECIOUS METALS AND SHALL INCLUDE A WRITTEN RECORD OF THE ARBITRATION HEARING. THE PARTIES RESERVE THE RIGHT TO OBJECT TO ANY INDIVIDUAL WHO SHALL BE EMPLOYED BY OR AFFILIATED WITH A COMPETING ORGANIZATION OR ENTITY. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
NOTWITHSTANDING ANY OTHER APPLICABLE STATUTES OF LIMITATIONS OR PROVISIONS WITHIN THESE TERMS AND CONDITIONS, THE PARTIES AGREE THAT NO ACTION MAY BE BROUGHT BY EITHER PARTY IF FILED MORE THAN TWO (2) YEARS SUBSEQUENT TO THE DATE OF THE RESPECTIVE TRANSACTION(S) FROM WHICH THE ACTION ARISES.
(A) ENTIRE AGREEMENT/NO WAIVER.
These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by NCBR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(B) ENFORCEMENT/CHOICE OF LAW.
If any part(s) of these Terms and Conditions is or are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Conditions, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Conditions, (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to its conflicts of law principles. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and exclusive venue of a court of subject matter jurisdiction located in Houston, Harris County, Texas. In the event that litigation results from or arises out of these Terms of Conditions or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
(C) MODIFICATIONS TO TERMS AND CONDITIONS.