Terms of Service

Last Updated: January 15, 2024

Please read these Terms of Service ("Terms") carefully before using the services provided by Collectible Advisor ("we," "us," or "our"). These Terms constitute a legally binding agreement between you and Collectible Advisor.

1. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our services.

2. Description of Services

Collectible Advisor provides comprehensive collectible acquisition and advisory services, including but not limited to:

• Market research and valuation of collectibles
• Negotiation and acquisition services
• Authentication and provenance verification
• Collection strategy and management
• Advisory services for collectibles
• Consignment and resale facilitation
• Logistics and transportation coordination

Our services are tailored for high-net-worth individuals, private collectors, family offices, and institutions interested in acquiring rare and premium collectibles.

3. Client Eligibility and Suitability

Eligibility Requirements

• You must be at least 18 years of age
• You must have the legal capacity to enter into binding agreements
• You represent that all information provided is accurate and complete
• You meet our minimum engagement criteria (typically $50,000+ portfolios)

Suitability Assessment

We reserve the right to:

• Assess your suitability for our services
• Request additional documentation or information
• Refuse or terminate service at our discretion
• Recommend alternative collecting strategies when appropriate

4. Engagement and Service Agreements

Initial Consultation

• Initial consultations are complimentary and confidential
• No obligation is created by initial consultation
• We may decline to provide services after consultation

Service Agreements

• Formal engagements require executed service agreements
• Service agreements may include specific terms and conditions
• Fee structures, timelines, and deliverables will be clearly defined
• Both parties must agree to service terms before engagement

5. Fees and Payment Terms

Fee Structure

• Fees are transparently disclosed in service agreements
• Fees may be structured as commissions, retainers, or hybrid models
• Fees are based on acquisition value and service scope
• All fees are quoted in US dollars unless otherwise specified

Payment Terms

• Payment schedules are specified in service agreements
• Some fees may be required in advance
• Late payments may incur penalties or result in service suspension
• All fees are non-refundable except as specifically provided in agreements

Third-Party Costs

Clients are responsible for:

• Costs of collectibles acquired
• Authentication and grading fees
• Shipping, insurance, and transportation costs
• Storage and maintenance expenses
• Insurance premiums and related fees

6. Authentication and Due Diligence

Our Commitment

• We conduct rigorous due diligence on all acquisitions
• We work exclusively with reputable authentication services
• We never knowingly acquire counterfeit or questionable items
• We provide detailed provenance and condition reports

Limitations

• Authentication is not a guarantee and involves inherent risks
• No collectible acquisition is without risk of authenticity challenges
• Clients acknowledge collectibles markets carry inherent risks
• We disclaim representations beyond what is expressly stated in agreements

7. Confidentiality and Discretion

We maintain strict confidentiality regarding:

• Client identities and affiliations
• Specific acquisitions and portfolio holdings
• Financial information and collection strategies
• Private negotiations and transactions
• Any information marked as confidential

Exceptions to Confidentiality: We may disclose information when required by law, court order, or regulatory authority. We may also share information with service providers under confidentiality agreements.

8. Collectibles Disclaimers and Value Disclosure

No Return Guarantee

• We do not guarantee returns, appreciation, or performance of collectibles
• Collectibles markets are volatile and unpredictable
• Past performance does not guarantee future results
• All collectible acquisitions carry risk of value fluctuation or loss

Market Risks

• Collectibles markets can be illiquid
• Values may fluctuate significantly
• Authentication and condition can impact value
• Market trends and demand can change rapidly
• Regulatory changes may affect collectibles markets

Not a Financial Advisor

• We are not registered financial advisors or investment advisors
• We provide collecting services, not financial or investment advice
• Clients should consult with independent financial and tax advisors for financial planning
• Collectibles are not guaranteed investments and should be acquired for collecting purposes
• Clients should fully understand risks before acquiring collectibles

9. Limitation of Liability

Exclusions

To the maximum extent permitted by law, Collectible Advisor shall not be liable for:

• Losses arising from market fluctuations or changes in value
• Damage, loss, or theft of collectibles (except as covered by insurance)
• Authentication disputes or challenges that arise after acquisition
• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Acts or omissions of third parties (dealers, auction houses, authentication services)

Liability Cap

To the maximum extent permitted by law, our total liability for any claim related to our services shall not exceed the fees paid to us for the specific transaction or engagement giving rise to the claim.

No Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Insurance and Risk of Loss

Collectible Insurance

• We recommend maintaining comprehensive insurance on all collectibles
• Clients are responsible for obtaining appropriate insurance coverage
• Insurance may be required for high-value acquisitions
• Transportation and storage insurance may be required

Risk of Loss

• Ownership and risk of loss transfer upon delivery to client or designated location
• Our liability for loss or damage ends upon transfer of possession
• Clients should maintain adequate insurance at all times
• We are not an insurance provider and do not provide insurance services

11. Intellectual Property Rights

• All content on our website and materials are our intellectual property
• Clients receive rights to acquired collectibles, not our advisory materials
• You may not reproduce or distribute our proprietary materials without permission
• We may use anonymized case studies for marketing purposes

12. Client Obligations and Conduct

Client Responsibilities

• Provide accurate and complete information
• Make payments according to agreed terms
• Comply with applicable laws and regulations
• Act in good faith throughout our relationship
• Disclose material information that may affect transactions

Prohibited Conduct

• Do not engage in fraud, misrepresentation, or deceptive practices
• Do not use our services for money laundering or illegal purposes
• Do not interfere with our business operations or relationships
• Do not attempt to circumvent our fee structures
• Do not share confidential information without authorization

13. Termination of Services

Termination by Client

• Clients may terminate engagements with appropriate notice
• All fees for services rendered remain due and payable
• Ongoing obligations may survive termination

Termination by Us

We may terminate services immediately in cases of:

• Breach of these Terms or service agreement
• Failure to make required payments
• Fraud, misrepresentation, or illegal activity
• Our determination that continuing is not in client's best interest
• Regulatory or legal requirements

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Mandatory Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except where prohibited by law.

Arbitration Process

• Arbitration will be conducted in New York, NY
• Arbitration will be confidential and non-appealable
• Jury trial rights are waived
• Class actions and jury trials are waived

Exceptions

• You may pursue claims in small claims court if eligible
• We may seek injunctive relief in court when necessary

15. Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or market disruptions.

16. Modifications to Terms

• We may update these Terms from time to time
• Material changes will be communicated to active clients
• Continued use of services constitutes acceptance of updated Terms
• If you do not agree to changes, you must discontinue use of services

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with any executed service agreements, constitute the entire agreement between you and Collectible Advisor regarding our services, superseding any prior agreements or communications.

19. Assignment

• We may assign our rights and obligations under these Terms
• Clients may not assign rights or obligations without our written consent
• Any unauthorized assignment is void

20. No Partnership or Agency

These Terms do not create a partnership, joint venture, agency, or employment relationship. Collectible Advisor is an independent contractor providing advisory and acquisition services.

21. Regulatory Compliance

Not a Registered Advisor

• We are not a registered investment advisor, financial advisor, or securities broker
• Our services relate specifically to collectible acquisition and collecting guidance
• We do not provide financial advice, investment recommendations, or portfolio management services
• Clients should consult qualified financial and legal advisors for investment and tax planning

Anti-Money Laundering

• We comply with applicable anti-money laundering regulations
• We may request verification documentation
• We reserve the right to refuse or terminate suspicious transactions
• We report suspicious activity as required by law

Export/Import Compliance

• Clients are responsible for compliance with export/import laws
• We assist with documentation but do not guarantee compliance
• Clients indemnify us for import/export violations

22. Tax and Legal Advice

• We are not licensed tax advisors or attorneys
• We provide information but not formal tax or legal advice
• Clients should consult qualified tax and legal professionals
• Tax implications of collectibles can be complex and require professional advice

23. Information Accuracy

• We strive for accuracy but do not guarantee perfection
• Market information, valuations, and opinions are subject to change
• Clients should independently verify important information
• We disclaim errors or omissions in our information

24. Contact Information

For questions about these Terms, please contact us:

Collectible Advisor
Email: info@collectibleadvisor.com
Phone: +1 (555) 123-4567
Address: New York, NY

25. Acknowledgment

By using our services, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are legally competent to enter into these agreements
• You are acting in accordance with applicable laws
• You have received and understand our collecting and value disclaimers
• You understand that collectibles are acquired for collecting purposes, not as guaranteed investments

If you do not agree to these Terms, you must not use our services.

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