TERMS AND CONDITIONS OF USE
The Website provides information about Revs and affiliates of Revs including, without limitation, The Collier Collection (”Affiliates”) and parties unrelated to Revs Institute (”Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.
Eligibility. This Website is offered and made available to users who are 18 years of age or older and who are willing to be bound by the terms of these Terms and Conditions of Use. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Revs and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, and/or do not wish to be bound by these Terms and Conditions of Use, you must not access or use the Website.
License. Revs grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content thereon in accordance with these Terms and Conditions of Use. Revs may terminate this license at any time for any reason. You may access and display Content from the Site for your personal, non-commercial use only. Content includes, but is not limited to, text, images, videos, and audio-visual works published on the Website.
Limitations on Use. The Content on this Website is for authorized use only and not for your or third-party commercial exploitation. You must not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Website or Content without Revs’ prior written consent. You may not copy, modify, reproduce, republish, distribute, display, sell, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, including any Content published thereon, except to the extent authorized by Revs. You may not use or otherwise export or re-export the Site or any portion thereof, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Information is prohibited. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Revs, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
Registration. To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If Revs believes the details are not correct, current or complete, Revs has the right to refuse you access to the Website and remove all Content that you have contributed or any of its resources, and to terminate or suspend your account.
Security. Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). Revs shall be entitled to monitor your password and, at its discretion, require you to change it. If you believe that there has been unauthorized use, you shall notify Revs immediately by emailing Revs. If you use a password that Revs considers insecure, Revs will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Revs reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Revs also has the right to refuse you access to the Website or any of its resources, remove Content that you have contributed and terminate or suspend your account.
Third-Party Content and Links; Recommendations and Opinions. The Website includes information provided by Third Parties including opinions and advice of experts and non-experts in the field of automotive research. Revs, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties. The Website also may include the personal recommendations and opinions of Revs or others, including, but not limited to, recommendations or opinions given by Revs contributors. Revs does not undertake responsibility for screening Revs contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting Revs contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide. Although Revs may have endorsement arrangements with some companies, neither Revs, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website, from any Third Parties, or from any Third Party website. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs. Further, it is up to you, the user of this Website, to determine whether any particular advice satisfies your needs. Neither Revs, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the advice or services that may be provided to you from Revs contributors or any other participants on the Website. Revs contributors or other participants do not have any authority to bind Revs or make statements on behalf of Revs. The Website includes hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither Revs nor Affiliates control the
content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by Revs, Affiliates or their respective employees or agents. The Website may run advertisements and promotions from Third Parties. Your dealings with or participation in the promotions of such Third Parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such Third Party. Revs does not guarantee and shall in no way be responsible for the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such Third Party information or advertisements on the Website. If you have a dispute with one or more advertisers or other Third Parties, you release Revs from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Revs does not approve or control the Content posted by others; rather it merely provides a platform and venue for allowing users to access or provide information and other Content. Revs is not liable for any Content contributed by Users on the Website. Revs assumes no responsibility for monitoring the Website for appropriate Content or conduct and has no obligation to screen, edit, or remove any of the Content. Revs reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any Content at any time and for any reason or for no reason. Revs may or may not enforce these Terms and Conditions of Use in its sole and absolute discretion, and a failure to enforce or waiver of a breach of these Terms and Conditions of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms and Conditions of Use do not create any private right of action on the part of any Third Party or any reasonable expectation that the Website will not contain any content that is prohibited by these Terms and Condition of Use. Revs does not endorse or warrant any particular Content or other information available on the Website or guarantee the accuracy, integrity or quality of such Content or other information. Additionally, Revs cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Website, you may be exposed to Content that is offensive, indecent objectionable or otherwise violates these Terms and Conditions of Use or Revs Community Guidelines. Under no circumstances will Revs be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Website. You use the Website at your own risk.
Disclaimer of Advice. The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional. Some of the opinions expressed on this Website are the opinions of the authors/contributors. Neither Revs, Affiliates nor any of their employees or agents assume any liability for the Content of any materials or opinions of contributors provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither Revs, Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information, Content or instruction contained on this Website.
Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, photographs, metadata, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Revs, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, REVS®, REVS INSTITUTE®, REVS INSTITUTE AND DESIGN®, THE COLLIER COLLECTION™, MILES COLLIER COLLECTIONS™, and THE CAR HUB™ are registered or unregistered trademarks of Revs, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a Third Party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Revs) or privately transmitted on or through this Website are the sole responsibility of the author/contributor, not Revs, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Linking and Framing. Without the prior written permission of Revs, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Revs or any of their licensors into another website or other service. Without the prior written permission of Revs, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Revs or any of their licensors into another website or other service.
Rights to All Submissions. With the exception of any and all Video Submissions described below, all material you submit to our Website including, without limitation, public postings, chat rooms, forums, blogs, moderators and other areas, and any material you submit via emails to info@RevsInstitute.org or in any form to any representative of the Website, whether text or images, becomes the property of Revs and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on the Website. you are granting to Revs, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by Revs, and the Affiliates, licensees, successors and assigns of same (the “Revs Institute Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Revs’ community and social media websites(same), in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Revs, and anyone authorized by Revs, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Revs deems appropriate without any obligation by Revs. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to Revs as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as photographs or original artwork. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. Revs has the right to reject any submissions and you acknowledge that Revs may have similar materials. By using this Website, you waive all right to any submission. Rights to Video Submissions. If you submit user-generated video to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Revs Institute parties a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your user-generated video submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that Revs Institute parties may or may not earn or generate through its use of your Video Submission.
Revs Institute Parties’ Right to Use Your Video Submission. You grant Revs Institute parties the non-exclusive right to edit, blur or remove Content in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the Websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video, DVD products, motion pictures, blogs, websites, mobile services, products or any other commercial promotion) of Revs Institute parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other Third Parties. You also grant Revs Institute parties the right to use and distribute, and license others to use and distribute, your Video & Image Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for Revs Institute parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for Revs Institute parties’ use and distribution of your Video Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that (i) no licensed music or other protected materials are used in your Video &Image Submission; (ii) no further permissions or fees are due for Revs Institute parties’ use and distribution of your Video Submission or any Elements therein; (iii) any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video &Image Submission, will violate any law or regulation or violate or infringe upon the rights of any Third Parties; (iv) you have not accepted money or other consideration from Third Parties for your Video Submission; (v) no logos or brand identifiers are visible in your Video & Image Submission or, if visible, you grant to Revs Institute parties the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Video & Image Submission; and (vii) no money or other compensation is due to any person, entity, or union in relation to the Video Submission.
Release and Waiver; Indemnification. You acknowledge that Revs Institute parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to defend, indemnify, and hold Revs harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store, or otherwise transmit on or through the Website or your use of the Website, including, without limitation, any actual or threatened suit, demand, or claim made against Revs arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions of Use, or your violation of the rights of any Third Party.
Objectionable Content, Unlawful and Other Prohibited Activity. You are prohibited from using any features of this Site to compromise security or tamper with system resources or registrations. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Revs reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Revs further requires that you do not post emails or submit to or publish through comments or forums or otherwise make available on this Website any content or act in a way which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(m) copies any other pages or images on this Website except with appropriate authority;
(n) amounts to a ‘pyramid” or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website;
(q) provides untruthful and inaccurate registration information and/or Content;
(r) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18;
(s) promotes or provides information or Content that the user knows is false or misleading;
(t) promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
(u) contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (t) above.
Revs reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information.
Order Acceptance. All orders submitted through the Site are subject to acceptance by Revs and an electronic confirmation of order receipt may be issued. Confirmation of order receipt does not constitute acceptance of your order. An order may be accepted in a written acceptance or by processing payment for or fulfilling the order. All purchases from the Website are subject to these Terms and Conditions of Use. If you do not agree to any of these terms, we will not be able to accept your order.
Shipping. In some instances, Revs has arranged for product vendors to ship products directly from their locations to purchasers. If you order products supplied by such a direct ship vendor, or by different such vendors, products will be shipped to you separately from either the Site or from the respective vendor locations. Revs will have no responsibility for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
Delivery. Revs is not to be accountable for delays in delivery occasioned by acts of God or other circumstances over which Revs has no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Revs be liable for any consequential or special damages arising from any delay in delivery.
Reversed Charges. You agree that, if you dispute a charge with your payment card company, you will pay any charge back costs incurred related to reversed charges as well as the initial charge you are disputing.
Third Party Sales Terms. Various other products may be offered for sale through the Website or through links from the Website. These other products may be offered by Third Parties and are not offered for sale by Revs or its Affiliates. Although the products offered may contain trademarks owned by Revs or its Affiliates, they may not be products manufactured, endorsed or sold by Revs or its Affiliates. All terms of sale including, but not limited to, quality, pricing, returns, shipping policy and warranty are governed by the terms and conditions as set forth by the Third Parties on their websites or communicated by other means. You purchase products from these Third Parties at your own risk. Neither Revs, its Affiliates nor any of their respective employees or agents are responsible for products purchased from Third Parties. All of the provisions of these Terms and Conditions of Use apply to purchases by you of products offered by Third Parties including, without limitation, the provisions relating to release, waiver, indemnification and limitation of liability.
Investigations. Revs reserves the right to investigate suspected violations of these Terms and Conditions of Use including, without limitation, any violation arising from any submission, posting or emails you make or send to the Website. Revs may seek to gather information from the user who is suspected of violating these Terms and Conditions of Use, and from any other user. Revs may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Revs believes, in its sole discretion, that a violation of these Terms and Conditions of Use has occurred, it may edit or modify any submission, posting or email, or remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action it deems appropriate. Revs will fully cooperate with any law enforcement authorities or court order requesting or directing Revs to disclose the identity of anyone. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless Revs from any claims resulting from any action taken by Revs during or as a result of its investigations or from any actions taken as a consequence of investigations by either Revs or law enforcement authorities.
Dispute Resolution, Including Arbitration And Class Action Waiver. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at Revs Institute, Inc., 2500 S. Horseshoe Drive, Naples, Florida 34104. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail,
Federal Express or UPS, with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
You and Revs agree not to join or consolidate claims in arbitration or in a legal action by or against the other. You and Revs also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
Contacting Us. You may contact us at the following address: info@RevsInstitute.org.