The Cultivated Collector (the “Website”) By using the Website, you agree to be bound by these Terms of Use (this “Agreement”). If you object to anything in the Agreement, do not use the Website. The Terms of Use are subject to change at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes.
- User Eligibility. The Website is available only to qualified individuals who may access the content of this website in compliance with any and all regulations of the jurisdictions in which they reside (“Users”). By using the Website you represent that you are qualified to use the Website.
- Accounts. You must establish an account in order to access or use certain content and services of the Website. You may submit an account request on or through the Website if you are (i) at least 18 years of age, (ii) located within the United States when you use the Website to form legally binding agreements, (iii) qualified to register for the Website, and (iv) qualified to make your own financial decisions.
- Personally Identifiable Information – Privacy Policy. Personally identifiable information (“PII”) provided to this site may be used by THE CULTIVATED COLLECTOR. By using the Website, you consent to the collection and disclosure of information as described herein. By submitting any PII, (relating to you or any third party) to the Website, you represent and warrant (i) you have the necessary approvals and permissions to provide such PII and (ii) collection, use and disclosure of the PII in accordance with this section does not violate any laws or any third party rights. If you provide a third party’s e-mail address to us, you represent and warrant that you have the consent of that third party to provide his/her e-mail address to us. We collect and use your PII to provide you with services or information, as well as to give you a customized interactive experience and to help us develop new products and services to meet your needs. Your PII may be shared with our business partners to assist us in fulfilling your request. We may also share your PII with companies affiliated with THE CULTIVATED COLLECTOR, including authorized dealers and dealer advertising associations for their own use. Your PII may also be used by our business partners in order for you to receive communications directly from our business partners.
- Changes to the Terms of Use and Privacy Policy. THE CULTIVATED COLLECTOR reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use and Privacy Policy (cumulatively “Revisions”) at any time upon notice. Such notice may be given in any manner we choose that complies with applicable law, including, but not limited to, posting a notice of such changes on the Website. Your continued use of the Website following notice of Revisions signifies your acceptance of such Revisions.
- Content on the Website. Though THE CULTIVATED COLLECTOR takes reasonable efforts to ensure any Content THECULTIVATEDCOLLECTOR.COM itself provides is accurate and timely, THE CULTIVATED COLLECTOR does not (i) guarantee or warrant any Content is accurate, complete, truthful, or non-objectionable, (ii) independently verify any Content posted or otherwise made available by third parties on or through the Website (“Third Party Content”), or (iii) endorse any Third Party Content. THE CULTIVATED COLLECTOR reserves the right, at any time and in THE CULTIVATED COLLECTOR’ sole discretion, to remove any Content from the Website without notice.
- Copyright and Trademarks. All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the Website from time to time and all database rights, are owned or controlled for these purposes by THE CULTIVATED COLLECTOR. All trademarks, names, and logos are the proprietary marks of THE CULTIVATED COLLECTOR or of associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos. Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any of the contents of the Website.
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Participating in the Website. At all times while using the Website, you must conduct yourself in a polite, courteous and respectful manner, and you must comply with all applicable laws, rules and regulations. For example, you may not, while using the Website:
- Request, or otherwise attempt to obtain or store, personal information, passwords, account information or any other type of information of other users;
- Access or use another Users’ account;
- Alter, modify, frame, or “mirror” any Content;
- Create a deep-link to the Website by by-passing the Website’s home page;
- Use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website;
- Inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt any user’s experience on the Website, including but not limited to acting in any manner that disrupts users’ real-time exchanges or hacking or defacing any portion of the Website;
- Interfere with or disrupt the Website, or servers or network connections to the Website;
- Disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
- Attempt to gain unauthorized access to the Website (or any portion thereof) or any other systems or networks connected to the Website or any server related thereto; or
- Use the Website to intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
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General Disclaimers. You acknowledge and agree that:
- the Postings on the Website are informational only;
- the Postings on the Website are not in any way to be deemed or construed to be offers or firm quotes by THE CULTIVATED COLLECTOR or any of the other parties involved, and that they are merely listings of the contact information of potentially interested parties;
- the Postings on the Website may be out-of-date and, as a result, the individual making a Posting may no longer be an investor; and
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Disclaimer of Warranty. The Website is provided “as is”, “with all faults” and “as available.” AS TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CULTIVATED COLLECTOR EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. You assume total responsibility and risk for your use of the Website and your interaction with any other users in connection with your use of the Website. THE CULTIVATED COLLECTOR will not be responsible for any damage to your computer system or loss of data that results from your use of the Website. Without limitation to the foregoing, THE CULTIVATED COLLECTOR:
- DOES NOT make any representation or warranty regarding any of the information posted on the Website, including without limitation, information contained in a posting;
- DOES NOT WARRANT the Website will be accessible;
- DOES NOT WARRANT you will be able to enjoy the Website without interference;
- DOES NOT WARRANT the Website will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate;
- DOES NOT WARRANT your requests to the Website will be honored according to your schedule or any stated schedule;
- DOES NOT WARRANT the Website will be timely, secure or error free;
- DOES NOT WARRANT any errors in the Website will be corrected; or
- DOES NOT WARRANT the Website is lawful, appropriate or available for use in any particular location.
- No Warranty of Goods or Services. THE CULTIVATED COLLECTOR DOES NOT WARRANT OR GUARANTEE IN ANY WAY ANY OF THE SERVICES IT PROVIDES, INCLUDING BUT NOT LIMITED TO, ANY AUTOMOTIVE OR IDENTIFICATION SERVICES. FURTHER, THE CULTIVATED COLLECTOR DOES NOT WARRANT OR GUARANTEE CUSTOMER SATISFACTION WITH ANY VEHICLES, GOODS, OR SERVICES, IDENTIFIED AND/OR PURCHASED THROUGH THE CULTIVATED COLLECTOR. THE CULTIVATED COLLECTOR DOES NOT WARRANT THE MERCHANTABILITY, SAFETY, RELIABILITY, LEGALITY, OR PERFORMANCE OF ANY VEHICLES, GOODS, OR SERVICES, IDENTIFIED AND/OR PURCHASED THROUGH THE CULTIVATED COLLECTOR.
- Additional Disclaimers. We can give no assurance that any advice, recommendation, or guidance that we provide in any medium, or that are provided by THE CULTIVATED COLLECTOR users is accurate, complete, or current. THE CULTIVATED COLLECTOR DOES NOT WARRANT THE ACCURACY OF, OR ASSUME (AND YOU AGREE THAT THE CULTIVATED COLLECTOR DOES NOT BEAR ANY) RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, ADVICE, RECOMMENDATIONS OR GUIDANCE PROVIDED BY THE CULTIVATED COLLECTOR, THE CULTIVATED COLLECTOR AFFILIATES, THE CULTIVATED COLLECTOR BUSINESS PARTNERS, OR THE CULTIVATED COLLECTOR USERS.
- Third-Party Advertising. THE CULTIVATED COLLECTOR does not control, endorse or guarantee any of the content found on third-party sites, or the content of any advertising we display; we are not responsible for the claims made by third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties. You agree that THE CULTIVATED COLLECTOR is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that THE CULTIVATED COLLECTOR shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of third-party content, services or products. We do not co-sponsor, operate, endorse or guarantee any sweepstakes or contest offer that may be promoted from time to time by third parties or that may be accessible through links from the THE CULTIVATED COLLECTOR’ Website.
- Remedies. Your sole remedy against THE CULTIVATED COLLECTOR for your dissatisfaction with the Website is to stop using the Website.
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Limitation of Liability. THE CULTIVATED COLLECTOR shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your use of the Website, even if THE CULTIVATED COLLECTOR has been advised of the possibility of such damages. To the extent permitted by law, THE CULTIVATED COLLECTOR and third parties connected to THE CULTIVATED COLLECTOR hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise by implied by statute;
- Any liability for an direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
- Any liability arising from or connected to the purchase of use of any vehicles offered by THE CULTIVATED COLLECTOR or third parties connected to THE CULTIVATED COLLECTOR. IN NO EVENT SHALL THE LIABILITY OF THE CULTIVATED COLLECTOR FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE, EXCEED THE TOTAL OF ANY FEES PAID BY YOU TO THE CULTIVATED COLLECTOR FOR USE OF THE AVAILABLE FEATURE WHICH IS THE SUBJECT OF THE CLAIM, BUT IN NO EVENT SHALL THE CULTIVATED COLLECTOR’ LIABILITY EXCEED ONE HUNDRED DOLLARS (USD 100); ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
- Indemnification. You agree to defend, indemnify and hold harmless THE CULTIVATED COLLECTOR and THE CULTIVATED COLLECTOR’s officers, directors, predecessors, successors in interest, shareholders, employees, and agents from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to (a) your use of the Website, including, but not limited to your submitting, accessing, maintaining and responding to a Posting (b) any interaction or communications with other users of the Website, or (c) your breach of this Agreement.
- Termination. THE CULTIVATED COLLECTOR may, in its sole discretion, at any time and without prior notice, terminate your use of the Website or terminate your rights under these Terms of Use for any or no reason. In its sole discretion, and at any time, THE CULTIVATED COLLECTOR may also discontinue providing the Website or any one or part thereof, with or without notice. THE CULTIVATED COLLECTOR shall not be liable to you or any third party for any of the foregoing.
- Choice of Law, Forum, and Venue. To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to your use of the Website, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to your use of the Website, shall be subject to the exclusive jurisdiction of state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the THE CULTIVATED COLLECTOR Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations.
- Severance. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
- Contact THE CULTIVATED COLLECTOR. For any questions or concerns regarding the THE CULTIVATED COLLECTOR Website, please contact us using the following contact information:
Attn: Matthew Ivanhoe,
President The Cultivated Collector LLC
19 Vitti Street
New Canaan, CT 06840
Phone: (203) 920-1515
Email: info@thecultivatedcollector.com