Terms of service

Effective: June 30, 2026

OVERVIEW

Welcome to assay house! The terms "we", "us" and "our" refer to assay house. assay house operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). assay house is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and a binding arbitration agreement and class action waiver (Section 24), which affect how disputes are resolved.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://assayhouse.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - PRECIOUS METALS, GRADING, AND MARKET RISK

Our inventory consists of precious metals, bullion, graded coins, and other numismatic and collectible items. You acknowledge and agree to the following:

(a) Market-priced products. The value of our products is tied in whole or in part to precious-metals markets and to collector demand, both of which are volatile and fluctuate continuously. Prices in our stores reflect live precious-metals markets and our pricing at the time an order is placed and accepted.

(b) You assume market risk. Once an order is placed and accepted, you assume all market risk associated with the product. assay house does not offer price adjustments, returns, exchanges, or refunds based on any subsequent movement in spot prices or any metals index, or on any change in numismatic or collector value, except as expressly and narrowly provided in our Refund Policy (https://assayhouse.com/policies/refund-policy). You agree not to use any return, refund, cancellation, or payment-dispute mechanism as a means of reversing a completed purchase in response to a change in metal prices or market value.

(c) Third-party grading. Grades, designations, populations, and related opinions are issued by independent third-party grading services (for example, NGC and PCGS). Such grades are the subjective opinions of those services. assay house does not control, issue, or guarantee any grade, and does not warrant any grade beyond accurately conveying the grade and information that appear on the item's holder or label as listed. The grading service's holder and label, not our listing imagery or description, controls.

(d) No investment advice. Numismatic premiums and collectible values are not guaranteed and may rise or fall. Nothing in the Services constitutes investment, tax, or financial advice, and no statement by us should be relied upon as a prediction of future value.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. assay house reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until assay house confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as assay house may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://assayhouse.com/policies/refund-policy).

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - COMPLIANCE, IDENTITY VERIFICATION, AND SANCTIONS

assay house conducts its business in compliance with applicable laws, including anti-money-laundering ("AML") laws, the Bank Secrecy Act, economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and related regulations.

(a) Verification. We may, at our discretion and as a condition of accepting or fulfilling any order, require you to verify your identity and provide documentation or information reasonably necessary to confirm your identity, the source of funds, and your eligibility to transact. This may apply in particular to high-value orders.

(b) Screening and refusal. We may screen customers and transactions against sanctions, denied-party, and watch lists. We may refuse, delay, cancel, hold, or unwind any transaction that we believe, in our sole discretion, may violate applicable law or our policies, or that involves a sanctioned person, entity, or jurisdiction.

(c) Reporting. We may report transactions and related information to governmental authorities as required or permitted by applicable law.

(d) Your representations. You represent and warrant that you are not named on, and are not acting directly or indirectly on behalf of any person or entity named on, any sanctions or denied-party list, and that you are not located in or ordinarily resident in a sanctioned jurisdiction.

(e) Remedy. If we refuse, cancel, or unwind a transaction under this Section, a refund of any amounts you actually paid for the affected order is your sole and exclusive remedy.

SECTION 6 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 7 - CHARGEBACKS AND PAYMENT DISPUTES

If you have any concern about an order, you agree to contact us first at contact@assayhouse.com and to follow our Refund Policy (https://assayhouse.com/policies/refund-policy) before initiating any chargeback or payment dispute with your card issuer or payment provider.

Initiating a chargeback or payment dispute without first contacting us and exhausting the process in our Refund Policy is a breach of these Terms. Because our products are market-priced precious-metals and collectible items, a chargeback or payment dispute is not a valid means of reversing a completed and properly fulfilled sale, including in response to a change in metal prices or market value, or for an item that was delivered as described and not returned in accordance with our Refund Policy.

In the event of a chargeback or payment dispute that we determine to be fraudulent, abusive, or made in bad faith, we may (i) contest the dispute and submit evidence of the transaction and fulfillment, (ii) recover the disputed amount together with any related costs, fees, and reasonable attorneys' fees, (iii) suspend or terminate your account, and (iv) decline to accept future orders from you.

SECTION 8 - SHIPPING, DELIVERY, AND RISK OF LOSS

All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays, and we are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Unless otherwise expressly stated, title and risk of loss for products pass to you upon our delivery of the products to the carrier. We insure eligible shipments in transit and will reasonably assist you with any carrier or insurer claim. As a condition of any such assistance and of coverage, you agree to cooperate, including by reporting any damage, loss, tampering, or non-delivery to us promptly and within any timeframe and in the manner set out in our Refund Policy, and by retaining all packaging and materials for inspection. Risk of loss for any item you return to us remains with you until the item is received and accepted by assay house, as further described in our Refund Policy.

SECTION 9 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by assay house, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of assay house, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by assay house.

assay house's names, logos, product and service names, designs, and slogans are trademarks of assay house or its affiliates or licensors. You must not use such trademarks without the prior written permission of assay house. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 10 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 12 - RELATIONSHIP WITH SHOPIFY

assay house is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with assay house. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and assay house, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with assay house.

SECTION 13 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here (https://assayhouse.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy (https://assayhouse.com/policies/privacy-policy) for more details on how we, Shopify, and our partners use your personal information.

SECTION 14 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 is inaccurate at any time without prior notice (including after you have submitted your order). This expressly includes pricing errors: if a product is listed at an incorrect price due to typographical, system, data-feed, or other error, we reserve the right to cancel any order placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment processed.

SECTION 16 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm assay house, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 17 - AGENTS

17.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

17.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 17.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

17.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

17.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 18 - ELECTRONIC COMMUNICATIONS AND CONSENT

By using the Services or providing your contact information, you consent to receive communications from us electronically, including by email and by notices posted in the Services, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to the use of electronic records and electronic signatures in connection with your transactions with assay house, and you agree that your electronic acceptance, submission, or confirmation of an order constitutes your signature and agreement with the same legal effect as a handwritten signature. You may withdraw this consent by contacting us at contact@assayhouse.com, but doing so may prevent us from providing the Services or completing your transactions.

SECTION 19 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Precious Metals, Grading, and Market Risk; Compliance, Identity Verification, and Sanctions; Chargebacks and Payment Disputes; Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Force Majeure; Dispute Resolution, Arbitration, and Class Action Waiver; Governing Law; Severability; Waiver and Entire Agreement; Assignment; Privacy Policy; and any other provisions that by their nature should survive termination.

SECTION 20 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY assay house, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 21 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL assay house, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF assay house AND THE PARTIES LISTED ABOVE, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO assay house FOR THE PRODUCT OR PRODUCTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 22 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless assay house, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 23 - FORCE MAJEURE

assay house will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including, without limitation, acts of God, fire, flood, severe weather, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action or regulation, embargoes or sanctions, failures or disruptions of carriers, couriers, or postal services, failures or disruptions of banks, payment processors, or financial networks, disruptions in precious-metals markets or supply, and failures of utilities, telecommunications, or the internet. Our performance is deemed suspended for the period that such event continues, and we will use reasonable efforts to resume performance.

SECTION 24 - DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal resolution. Before commencing any arbitration or other proceeding, you agree to first contact us at contact@assayhouse.com and provide a written description of the dispute and your contact information, and to allow us at least thirty (30) days to attempt to resolve the dispute informally.

(b) Binding arbitration. If the dispute is not resolved within thirty (30) days, you and assay house agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") that cannot be resolved informally shall be resolved exclusively by final and binding arbitration, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator, and shall take place in Clark County, Nevada, or, at your election, in your county of residence, or by video or telephone where available. The arbitrator's award may be entered in any court of competent jurisdiction.

(c) Class action waiver. YOU AND assay house AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

(d) Jury trial waiver. To the extent any Dispute proceeds in court rather than arbitration, you and assay house each waive any right to a trial by jury.

(e) Small claims. Notwithstanding the above, either party may bring an individual action in a small-claims court for disputes within that court's jurisdiction.

(f) Opt-out. You may opt out of this Section 24 by sending written notice of your decision to opt out to contact@assayhouse.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and the email associated with your account. If you opt out, the remaining provisions of these Terms, including Governing Law, will still apply.

(g) Severability. If the class action waiver in subsection (c) is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and brought in a court of competent jurisdiction, while all other claims shall proceed in arbitration.

SECTION 25 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nevada and applicable federal law, without regard to conflict-of-laws principles. Subject to Section 24 (Dispute Resolution; Arbitration; Class Action Waiver), you and assay house consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Clark County, Nevada for any matter not subject to arbitration.

SECTION 26 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 27 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 29 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 30 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 31 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@assayhouse.com. Additional contact information is posted below:

assay house - 3225 McLeod Drive, Suite 100, Las Vegas, NV 89121 Phone: 702-637-9667