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  • 2100 West Loop South, Suite 800, 77027
  • 201-220-6263
  • 832-201-9913

Terms & Conditions
Privacy Policy

 

 

Carter’s Luxury Motors, Inc., Dba Venue Motor Club Terms of Use

July 1, 2016

Please read these Terms of Use (“Terms”) carefully. These Terms are between you ("user(s)", “you” or “your”) and Carter’s Luxury Motors, Inc., Dba Venue Motor Club (“Carter’s Luxury Motors Dba Venue Motor Club”, “we” or “our”) and cover your use of our website http://www.VenueMotorClub.com (“Site”), or mobile app (the "App") and the services provided through the Site and the App (the “Services”, as further defined below).

You accept and agree to be bound by these Terms and our Privacy Policy (available at http://www.VenueMotorClub.com) ("Privacy Policy") by (a) checking the "I Agree to the Terms/Privacy Policy" box and/or (b) accessing or using one or all of the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with Carter’s Luxury Motors, Inc., Dba Venue Motor Club. IF YOU DO NOT HAVE SUCH LEGAL CAPACITY, OR IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE TERMS AND PRIVACY POLICY, PLEASE DO NOT ACCESS, USE OR REGISTER TO ANY OF OUR SERVICES.

  1. The Services

The Services are currently designed for users who are interested in buying or selling their cars. The Services are mainly targeted to U.S. residents, however the Services are available to non-U.S. residents as well. The Services are currently provided free of charge, however Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to charge fees with respect to some or all of the Services in the future.

The Services governed by these Terms allow (or may allow you in the future) to:

  • Buy a car and additional services associated with the purchase, such as certain warranties, by (a) searching our inventory of vehicles; (b) holding the vehicle of your choice; (c) using trade-in services; (d) estimating your monthly payment (e) applying for online vehicle financing; or (f) arranging for an open or closed transport of the selected vehicle within the continental United States only (please note that if you are not a U.S. resident, you shall be solely responsible for the execution and payment of import/export approvals and applicable taxes).
  • Sell your car by using our Appraisal Tool. To use the Appraisal Tool you need to submit, inter alia (a) photos of your vehicle in accordance with the instructions provided therein; (b) your vehicle's VIN number (c) your vehicle's mileage and (d) description of the car and any other information we may require from time to time. The submitted information regarding your vehicle is then uploaded to our internal systems and assessed by our professional team. Following our team's assessment, we will send you an email with an offer to purchase your vehicle. The offer shall include a "cash offer" for the vehicle and the financial terms that apply to the offer (please note point (e) listed in the bullet above with respect to residents living outside of the continental United States). You may use the value of the cash offer towards the purchase of another car (trade-in) from us.
  • Submit Your Content. One or all of the Services may include "Interactive Areas" on which users may connect with each other and share information, recommendations and reviews. Any content submitted by users to Carter’s Luxury Motors, Inc., Dba Venue Motor Club (including without limitation, such recommendations, reviews, user's full name, vehicle photos or other user proprietary materials, whether or not via the Interactive Areas) shall be called "Submissions".

(Each, a "Service" and collectively, the "Services").
Each Service includes our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Service, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Service (collectively, the “Content”).
THE USE OF THE SERVICES MAY ENABLE USERS TO FACILITATE A CONNECTION WITH THIRD PARTIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS OR OTHER USERS WHO MAY BE INTERESTED IN PURCHASING VEHICLES). Carter’s Luxury Motors, Inc., Dba Venue Motor Club DOES NOT OWN, SELL, CONTROL, MANAGE,
OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH SUCH THIRD PARTIES.

Carter’s Luxury Motors, Inc., Dba Venue Motor Club SERVICES OFFER AN APPRAISAL TOOL, ASSESSING THE VALUE OF CERTAIN VEHICLES BASED ON CERTAIN CRITERIA. Carter’s Luxury Motors, Inc., Dba Venue Motor Club MAKES NO REPRESENTATIONS REGARDING THE APPRAISAL TOOL AND/OR ITS ACCURACY.

TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. Carter’s Luxury Motors, Inc., Dba Venue Motor Club DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND THE CONTENT OR THE SUBMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE CONTENT OR THE SUBMISSIONS IS AT YOUR SOLE RISK. Carter’s Luxury Motors, Inc., Dba Venue Motor Club AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SUBMISSIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

Carter’s Luxury Motors, Inc., Dba Venue Motor Club WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO USERS OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE CONTENT OR THE SUBMISSIONS.

WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, Carter’s Luxury Motors, Inc., Dba Venue Motor Club AND ITS THIRD PARTY PROVIDERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Prohibited/Restricted Uses

Except to the extent you were authorized in writing by Carter’s Luxury Motors, Inc., Dba Venue Motor Club, you may use the Services solely for personal, non- commercial uses (other than for the purpose of selling or purchasing a vehicle). You shall not use the Services to advertise or promote any product, service or business.

Without limiting the foregoing, you may not use the Services to submit or upload any submissions or details:

  • If you are not the legal owner of your vehicle or if you do not have the legal right to sell such vehicle;
  • If the license of the vehicle is not registered on your name;
  • That are fabricated, false, misleading, offensive or inappropriate;
  • If the purpose of doing so is to compete with Carter’s Luxury Motors, Inc., Dba Venue Motor Club;
  • That are illegal, deceitful or inaccurate; or
  • That are for, on behalf of, or at the request of another person, if such other person would violate any of the above

or below restrictions by uploading such Submissions. Additionally, you may not:

  • Register for multiple accounts or use the account of another person;
  • Use the Services or open an account if you are under 18;
  • Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that Carter’s Luxury Motors, Inc., Dba Venue Motor Club endorses you, your vehicle or your business in any manner;
  • Use the Services in any way or for any purpose that is immoral, unauthorized or against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction (including without limitation, encouraging harmful practices, violence, self-harm, suicide, anorexia, bulimia or the solicitation of minors);
  • Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of Carter’s Luxury Motors, Inc., Dba Venue Motor Club or another’s privacy or publicity rights, infringing of Carter’s Luxury Motors, Inc., Dba Venue Motor Club or another’s intellectual property rights, contains any trade secrets or other confidential information, or is otherwise offensive or objectionable;
  • Use the Services in any way or for any purpose that harms or endangers Carter’s Luxury Motors, Inc., Dba Venue Motor Club or its affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employees, sub-contractors, distributors, service providers and/or suppliers (collectively, the “Carter’s Luxury Motors, Inc., Dba Venue Motor Club Representatives”);
  • Submit any data containing unsolicited promotion, advertising, contests or raffles;
  • Attempt to interfere with or disrupt the ability to access the Services, the operation of the Services or the servers or networks that host them;
  • Remove or disassociate from the Content or the Services any restrictions and signs indicating proprietary rights of Carter’s Luxury Motors, Inc., Dba Venue Motor Club or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,TM, or ®);
  • Bypass any measures Carter’s Luxury Motors, Inc., Dba Venue Motor Club may use to prevent or restrict access to the Services;
  • Use any data mining, robots, or other data collection methods in connection with the Services (including the creation of databases);
  • Make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, malware, or any other harmful content;
  • Use the Services for any purpose for which they are not intended; or
  • Infringe or violate any of the provisions of our Terms or Privacy Policy.

PLEASE BE AWARE THAT YOUR BREACH OF THE TERMS OR PRIVACY POLICY MAY ALSO EXPOSE YOU TO CIVIL OR CRIMINAL LIABILITY.
You must provide Carter’s Luxury Motors, Inc., Dba Venue Motor Club with accurate and complete information when opening an Account and keep it updated at all times. You may not open more than one Account. You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your password and log-in details.
The Account is yours and you shall not allow anyone else to use it without Carter’s Luxury Motors, Inc., Dba Venue Motor Club's prior written approval. You must immediately notify Carter’s Luxury Motors, Inc., Dba Venue Motor Club of any unauthorized use of your Account or breach of its security. Carter’s Luxury Motors, Inc., Dba Venue Motor Club will not be responsible for any damage which is caused to you or others if you do not act in accordance with the Terms or Privacy Policy.
If you wish to cancel the Account you may e-mail Carter’s Luxury Motors, Inc., Dba Venue Motor Club at info@venuemotorclub.com and it will be cancelled within a reasonable period of time. Once the Account is cancelled, its information may be deleted or unavailable and Carter’s Luxury Motors, Inc., Dba Venue Motor Club will not be responsible for any loss in this respect.
Any of Carter’s Luxury Motors, Inc., Dba Venue Motor Club's users (including unregistered users) may contact Carter’s Luxury Motors, Inc., Dba Venue Motor Club by filling in a Contact Form on the Site (available at http://www.VenueMotorClub.com) which may require their name and e-mail address.

 

  1. Payment Services

Carter’s Luxury Motors, Inc., Dba Venue Motor Club uses online payment services which are rendered by independent contractors. Any credit card details which users provide Carter’s Luxury Motors, Inc., Dba Venue Motor Club with respect to the Services (e.g. for the purchase of aftermarket products) are transferred to these online payment services (including without limitation, Paypal). The user is solely responsible for using these online payment services and is also required to abide to the terms specified by the applicable online payment service provider. The service provider's terms of use and privacy policy, not Carter’s Luxury Motors, Inc., Dba Venue Motor Club's Terms and Privacy Policy, govern your use of the online payment services.

  1. Typographical Errors

Carter’s Luxury Motors, Inc., Dba Venue Motor Club and its third party service provider are not responsible for typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. In the event that any Carter’s Luxury Motors, Inc., Dba Venue Motor Club product is

  1. Your Account

In order to enjoy the full scope of the Services, you are required to register and open an account (the “Account”), by (i) providing Carter’s Luxury Motors, Inc., Dba Venue Motor Club with certain details or (ii) using an existing social network account (e.g., Facebook connect, Google connect or Twitter connect) (for further information, see the Privacy Policy). mistakenly listed at an incorrect price, Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to refuse or cancel such orders whether or not the order has been confirmed and payment was made. If your order is cancelled, Carter’s Luxury Motors, Inc., Dba Venue Motor Club shall issue a refund in the form of the original payment.

  1. Intellectual Property

All of the intellectual property rights (including without limitation, inventions, patents and patent applications, trademarks, trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content (other than the Submissions)(“Intellectual Property”) are owned by Carter’s Luxury Motors, Inc., Dba Venue Motor Club and/or licensed to it and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.

Certain automotive content displayed within this website (or application, or mobile application) is taken by permission from ©DataOne Software, and is protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. The intellectual property rights in or to the Submissions (including the photos of your vehicle) must be owned by you or licensed to you and not conflict with any third party's rights or any applicable laws. Users must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU (EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION AND FINANCIAL INFORMATION) IS NON-CONFIDENTIAL AND MAY BECOME PUBLICLY AVAILABLE ON OR THROUGH THE Carter’s Luxury Motors, Inc., Dba Venue Motor Club SERVICES.

You are granted a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use our Content and Services in accordance with the Terms and Privacy Policy. All rights not expressly granted to you under the Terms or the Privacy Policy are reserved by Carter’s Luxury Motors, Inc., Dba Venue Motor Club and/or its licensors. Among other restricted actions, for example: (i) you may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Content or Services without Carter’s Luxury Motors, Inc., Dba Venue Motor Club's prior written consent, (ii) you are not allowed to use the Carter’s Luxury Motors, Inc., Dba Venue Motor Club trademarks or third party trademarks appearing on or through the Services without our prior written consent.

You grant Carter’s Luxury Motors, Inc., Dba Venue Motor Club an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate any of your vehicle photos, feedback, images including yourself, comments or suggestions regarding our Services into our current or future products, services or technologies; all without compensation or your approval.

You also grant Carter’s Luxury Motors, Inc., Dba Venue Motor Club a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publically perform, publish, reproduce, make modifications or derivative works, store and to use any of your Submissions in connection with the Carter’s Luxury Motors, Inc., Dba Venue Motor Club Services, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving the Services. You also grant Carter’s Luxury Motors, Inc., Dba Venue Motor Club permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect.

THE UPLOADING OF SUBMISSIONS IS AT YOUR SOLE RISK AND RESPONSIBILITY. Carter’s Luxury Motors, Inc., Dba Venue Motor Club WILL NOT BE LIABLE FOR ANY RESULT (INCLUDING LOSS, DAMAGE, COST) ARISING FROM OR CONNECTED TO THE SUBMISSIONS (INCLUDING THEIR USE BY OTHER USERS).

Even though Carter’s Luxury Motors, Inc., Dba Venue Motor Club has no obligation to screen, edit, delete or monitor Submissions, it reserves the right to do so at its sole discretion and without giving any prior notice, including in the following cases: (i) in order to conform with legal requirements or respond to any legal adjudication or process; (ii) in order to safeguard the Services or ensure your compliance with the Terms or Privacy Policy; and/or (iii) in order to protect and secure the interests, rights and property of the Carter’s Luxury Motors, Inc., Dba Venue Motor Club Representatives. In addition, Carter’s Luxury Motors, Inc., Dba Venue Motor Club may limit the size and storage spaces available for Submissions.

  1. Notice and Takedown

If you believe that any content displayed on any of the Services (i) is inappropriate, offensive, violent, sexually inappropriate; or (ii) infringes your copyrighted work, you may send us a notice to info@venuemotorclub.com.

 

A notice relating to copyright infringement should include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate.

Once we receive the notice, we may take actions in our discretion, including the removal of the alleged infringing or offensive material.

  1. Linking to our Service(s) and Links to Third Party Websites or Services

You are free to establish a link to any of our Services on your rightfully owned properties as long as the link does not state or imply any connection or approval of Carter’s Luxury Motors, Inc., Dba Venue Motor Club to your website, products or services or portray Carter’s Luxury Motors, Inc., Dba Venue Motor Club in a false or offensive manner.

One or all of the Carter’s Luxury Motors, Inc., Dba Venue Motor Club Services may contain links to non-Carter’s Luxury Motors, Inc., Dba Venue Motor Club websites or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information or functionality. Your access or use of any non-Carter’s Luxury Motors, Inc., Dba Venue Motor Club websites or services or reliance upon their content is at your own risk. Most of such linked sites or services provide legal documents, including terms of use and privacy policy which govern their use (our Terms and Privacy Policy do not apply to them).

You agree that Carter’s Luxury Motors, Inc., Dba Venue Motor Club is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with your use of or reliance upon any information, services, content, products or other materials available on or through such linked sites or resources, or any damage or loss relating to your interaction or dealings with third parties. Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to terminate any link at any time at its sole discretion.

  1. 7-Day-Drive Return Policy

Carter’s Luxury Motors, Inc., Dba Venue Motor Club offers the following return policy. For certain vehicles purchased from Carter’s Luxury Motors, Inc., Dba Venue Motor Club you may test drive the vehicle for 7 days or 250-miles, whichever comes first. If you decide that you are not satisfied with the vehicle, you may return the vehicle and request a refund only within the 7 day period following the receipt of your vehicle if you have driven less than 250 miles with that vehicle (“Return Period”). If you request a refund within the Return Period, Carter’s Luxury Motors, Inc., Dba Venue Motor Club will give you a 30% any funds used as a down payment toward the purchase price of the vehicle. If you do not request a refund within the Return Period, you forfeit this option and will not be eligible for a refund. We do not offer refunds on any additional services that you may purchase in the members area once you are a member.

  1. Disclaimer of Warranties.

TO THE EXTENT LEGALLY PERMISSIBLE, ANY AND ALL OF THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS. THE Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

IN ADDITION, IN NO EVENT SHALL THE Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION WITH THE SERVICES.

Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF ANY AND ALL SERVICES, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR SUITABILITY OF THE INFORMATION OR CONTENT

DISPLAYED ON OR THROUGH THEM.

  1. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION, BY TORT, NEGLIGENCE, CONTRACT OR OTHER), ARISING FROM OR CONNECTED TO THE SERVICES OR CONTENT, OR ARISING FROM OR CONNECTED TO THE TERMS AND PRIVACY POLICY; EVEN IF ANY OF THE Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, Carter’s Luxury Motors, Inc., Dba Venue Motor Club REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING UNDER THE TERMS AND PRIVACY POLICY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE CONTENT OR SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO Carter’s Luxury Motors, Inc., Dba Venue Motor Club FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Carter’s Luxury Motors, Inc., Dba Venue Motor Club Representatives from and against any obligations, losses, liability, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with: (i) your use or misuse of the Content or Services; (ii) your conduct in connection with the Services or with other third parties via the Services; (iii) your Submissions; (iv) your violation of the Terms or Privacy Policy; (v) your violation of any third party rights, including without limitation any intellectual property right or privacy right of such third party; (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions or Services.

Without derogating from the foregoing, Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with Carter’s Luxury Motors, Inc., Dba Venue Motor Club in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining Carter’s Luxury Motors, Inc., Dba Venue Motor Club's prior express written approval.

  1. Advertisements

Carter’s Luxury Motors, Inc., Dba Venue Motor Club may accept advertisements from third party advertisers or others. Carter’s Luxury Motors, Inc., Dba Venue Motor Club makes no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.

  1. Children's Restricted Use

Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to request proof of age at any stage so that it can verify that minors or children under the age of eighteen (18) are not using any of the Services. If Carter’s Luxury Motors, Inc., Dba Venue Motor Club becomes aware that a person under the age of eighteen (18) is using any of the Services, it will prohibit and block such person from accessing or using the Services.

  1. Changes to the Service(s), Terms and Privacy Policy

Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to make changes to its Services, Terms and Privacy Policy at any time and for any reason, so please re-visit this page frequently. If Carter’s Luxury Motors, Inc., Dba Venue Motor Club makes material changes to the Terms or Privacy Policy, then Carter’s Luxury Motors, Inc., Dba Venue Motor Club will either notify you by email or by posting a notice on the Services. These changes will come into effect seven (7) days after such notice was provided on the Services or sent to you by e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page ("Last Updated") and your continued use of the Service(s) after the indicated date will constitute acceptance to be bound by those changes. If any of the Services, Terms or Privacy

Policy must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.

Carter’s Luxury Motors, Inc., Dba Venue Motor Club reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to Carter’s Luxury Motors, Inc., Dba Venue Motor Club. Carter’s Luxury Motors, Inc., Dba Venue Motor Club will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.

  1. Suspension; Termination

If you do not comply with the Terms and Privacy Policy, Carter’s Luxury Motors, Inc., Dba Venue Motor Club may suspend or terminate your Account. If, for any reason, you no longer consent to the Terms or Privacy Policy, please stop using the Services (and, to the extent you are a registered user, please cancel your account as stated in Section 3 above) and this will be your sole remedy in such circumstances.

Upon termination, by you or us:

  • You will cease any further use of the Services and any information that was made available to you prior to the termination;
  • All rights granted to you under the Terms and Privacy Policy will automatically terminate;
  • Certain data (e.g. Content, Submissions, etc.) may be deleted and you will have no right or claim in this respect; and
  • The provisions of these Terms that by their nature must survive the termination shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction and "General" sections will survive the termination of these Terms.

 

17. General
(a) These Terms constitute the entire agreement between you and Carter’s Luxury Motors, Inc., Dba Venue Motor Club regarding your use of any and all of the Services as detailed herein, and supersedes any prior agreements between you and us relating to such use; (b) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Carter’s Luxury Motors, Inc., Dba Venue Motor Club; (c) Any heading, caption or section title contained in these Terms or our Privacy Policy is inserted only as a matter of convenience; (d) The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance; (e) If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions; (f) We may assign any right or obligation under the Terms or Privacy Policy without restriction, but you may do so only after receiving our express written consent; (g) Any amendment to the Terms and Privacy Policy must be done in writing and signed by us and you; (h) All correspondence between you and Carter’s Luxury Motors, Inc., Dba Venue Motor Club shall be in English.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. Jurisdiction
    Any claim relating to these Terms, the Privacy Policy, any of the Services or Content will be governed by and interpreted in accordance with the laws of the State of New York, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to any of the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Southern District of New York, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
  2. Got any Questions?:
    If you have any questions (or comments) concerning the Terms or Privacy Policy, please send us an e-mail to the following address info@venuemotorclub.com and we will make an effort to reply within a reasonable timeframe.


 

 

Carter's Luxury Motors Dba Venue Motor Club Privacy Policy

Last updated: November 1, 2015

Carter's Luxury Motors Dba Venue Motor Club, Inc. (“Carter's Luxury Motors Dba Venue Motor Club", “we” or "us") respects the privacy of the users of its Services (“Users” or “you”), and is committed to protect the personal information that its Users share with it. You have a right to know our practices regarding the information we may collect, use or disclose when you visit or use our Services. This Privacy Policy ("Privacy Policy") is incorporated into Carter's Luxury Motors Dba Venue Motor Club's Terms of Use (available at https://www.Carter's Luxury Motors Dba Venue Motor Club.com/Content/pdfs/Terms_and_Conditions.pdf ) (“Terms”) by reference. Capitalized terms not defined herein have meaning ascribed to them in the Terms.

Your Consent (PLEASE READ CAREFULLY)

You accept and agree to be bound by this Privacy Policy (available at https://www.Carter's Luxury Motors Dba Venue Motor Club.com/content/pdfs/Privacy_Policy.pdf )("Privacy Policy") by (a) checking the "I Agree to the Terms/Privacy Policy" box and/or (b) accessing or using one or all of the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with Carter's Luxury Motors Dba Venue Motor Club. IF YOU DO NOT HAVE SUCH LEGAL CAPACITY, OR IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THIS PRIVACY POLICY, PLEASE DO NOT ACCESS, USE OR REGISTER TO ANY OF OUR SERVICES.

Children's Privacy

We do not intend to and do not knowingly collect Personal Information (as defined below) from children under the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that children under the age of eighteen (18) are not using the Services. Please contact us at service@Carter's Luxury Motors Dba Venue Motor Club.com if you have reasons to suspect that we collected Personal Information from children under the age of eighteen (18) and we will delete that information as quickly as possible.

Which information we may collect on our Users?

We may collect two types of information from our Users:

  1. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is accessing or using the Services. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Services (including page-views, click-stream, searches on the Services, aggregated events like completing transactions, traffic sources and navigational paths), referrals (web traffic), operation system, type and version of browser or mobile device, keyboard language, the hardware specifications of the User's device (including screen resolution and screen orientation), time spent on various pages of the Services, etc.
  2. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
  • Users of the Services may automatically provide their (a) IP address (or Mac Address, as applicable) mainly for enhancing the User’s experience; and (b) pages viewed by each individual User and the Submissions the User uploaded to the Interactive Areas.
  • Users who are interested in opening an Account may be required to provide the following details: full name, e- mail address and a password, Zip code, vehicle’s VIN, Address and phone number.
  • Alternatively, you can open an Account by integrating your existing third party accounts ("Social Network Account") with your Account. This can be done by Google connect, Facebook connect or Twitter Connect. If you authorize such integration, then certain information contained in your Social Network Account may be transmitted into your Account. The information currently available to us via Social Network Accounts is the User name and email.

 

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  • You may voluntarily provide Personal Information in your Submissions or when you fill the Contact Form on our Site.
  • Users may voluntarily provide the following information with respect to certain elements of the Services:
  • Purchase process – Phone number, email address, date of birth, driver's license state and number, address, Zip code. In this respect, User are required to agree to Carter's Luxury Motors Dba Venue Motor Club's collection of the User's ETR (electronic transaction record);
  • Financing – Down payment amount, SSN, time at current address (months/years), residence type, rent/mortgage details, employment details (including without limitation, employment type, status, title, employer details, employment duration, gross income, income interval, other incomes). Please note that the addition of a co-buyer shall require filling the same information as stated above;
  • Outside Financing – name of financial institution, full name, contact name, phone number;
  • Cash Purchase – Billing address, account type, routing number, account number;
  • Additional Documentation (Copies) – Driver's license, insurance, utility bill (residency proof), copy of paystub (in the case of financing), references (in the case of poor credit); and/or
  • Tax, Title, Shipping and License Fees – Whether in active military duty, whether disabled.

As long as any Non-Personal Information is connected or linked to any Personal Information, we treat it as Personal

Information.

We do not collect any Personal Information from you or related to you without your approval. Your approval is obtained, when you agree to our Terms and the Privacy Policy as stated in Section 1 above.

How Do We Collect Information on Our Users?

We collect and store information, either independently or through the help of third-party service providers when you use the Services and when you voluntarily disclose information to us. By way of example, when you open an Account, initiate a purchase process, apply for financing, fill out the Contact Form, use the Interactive Areas or provide any information with your Submissions; Carter's Luxury Motors Dba Venue Motor Club may collect and save such information.

Please note that the Submissions you upload or share within the Interactive Areas (excluding Personal Information provided for purchase or financing purposes) are non-confidential, may become publicly available and may be collected, used or redistributed by others through the internet and other media channels.

What are the Purposes of the Collection of Information?

Non-personal Information and Personal Information are used for statistical and research purposes and allow us to improve the quality of each and all Services (e.g. discovering User preferences and trends allows us to customize and enhance our Services) and offer future commercial services.

Personal Information is also collected in order to:

  • Asses the value or vehicles and recommend vehicles to the User based on his/her preferences;
  • Process the transaction of purchasing a vehicle (including financing options, insurance, shipping fees, estimated tax and license fees);
  • Send Users commercial content or advertisements;
  • Verify the User's identity: (a) when signing in to our Services; (b) when User initiates a vehicle purchase process or financing process (c) for the purpose of dealing with inappropriate interactions and/or fraudulent use of our Services; and/or

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  • Provide technical assistance and support. Transferring Information between Jurisdictions

The Carter's Luxury Motors Dba Venue Motor Club Services are hosted in the United States and are mainly directed to Users in the United States. If you are a User accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, you are transferring your Personal Information to the United States. You consent to such transfer by (a) agreeing to this Privacy Policy and/or the Terms and/or (b) by checking a "pop up" box which may appear if you submit a non-U.S. address, confirming that you agree to the transfer of your Personal Information.

Sharing Information with Third Parties

We may share certain information we collect from you with third parties (in the U.S. or in other countries) for (i) the purpose of processing or storing your information on our behalf; (ii) internal purposes (including without limitation, appraisal tools, CRM, processing of payments or credit applications, statistics and analytics) and (iii) commercial purposes (including, without limitation, offering you insurance, financing extended warranties or other products in connection with the purchase of a car from us).

In addition, Carter's Luxury Motors Dba Venue Motor Club may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy or the Terms, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that any content available on the Services violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Carter's Luxury Motors Dba Venue Motor Club, Carter's Luxury Motors Dba Venue Motor Club Representatives, its Users or the general public; (h) when Carter's Luxury Motors Dba Venue Motor Club is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; (i) to collect, hold and/or manage your Personal Information through Carter's Luxury Motors Dba Venue Motor Club's authorized third parties service providers (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) to store or process your Personal Information through Carter's Luxury Motors Dba Venue Motor Club's affiliated companies, which may be located in a country that does not have the same data protection laws as your jurisdiction; (k) to enable payment through certain online payment services; and/or (l) pursuant to your explicit approval prior to the disclosure.

For avoidance of doubt, Carter's Luxury Motors Dba Venue Motor Club may transfer and disclose Non-personal Information to third parties at its own discretion.

Deletion or Modification of Personal Information

If for any reason you wish to delete or modify your Personal Information and/or cancel your Account, you can send us an e-mail of your request to: service@Carter's Luxury Motors Dba Venue Motor Club.com and we will make reasonable efforts to submit to your request pursuant to any applicable privacy laws.

Note that, unless you instruct us otherwise, we may retain and use your Personal Information after termination of your Account, for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations, to resolve disputes, to enforce our Terms or Privacy Policy and/or to enable Users to reinstate their Account, all as permitted under any applicable privacy laws.

Aggregate and/or anonymous information derived from your Account and/or use of the Services may remain on our servers indefinitely.

Our Commitment to Data Security

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We take reasonable physical, managerial and technical measures to maintain the security and integrity of our Users' information and Services and prevent unauthorized access or use through generally accepted industry standard technologies and internal procedures.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity when you log-in to your Account and/or our Services. You are responsible for maintaining the secrecy of your unique password and Account information at all times.

The Personal Information maintained by Carter's Luxury Motors Dba Venue Motor Club is contained behind secured networks and facilities and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

Sensitive financial information such as credit card information is encrypted via Secure Socket Layer (SSL) technology prior to transmission over the Internet. IT IS HEREBY MADE CLEAR THAT Carter's Luxury Motors Dba Venue Motor Club DOES NOT COLLECT OR STORE USERS' CREDIT CARD INFORMATION. THIS INFORMATION IS IMMEDIATELY TRANSFERRED TO Carter's Luxury Motors Dba Venue Motor Club'S THIRD PARTY PAYMENT PROCESSORS (INCLUDING ROUTEONE) AND DELETED BY Carter's Luxury Motors Dba Venue Motor Club.

We implement a variety of security measures when our Users enter, submit, or access their information in order to maintain the safety of our Users' Personal Information, including, for example, the use of Microsoft Azure Cloud servers which provide advanced strict security standards.

If we learn of a security breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on our Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.

Direct Marketing and Advertisements

Direct Marketing: You hereby agree that we may use the contact details you provided us with for the purpose of offering you products or services which may interest you, or send to you other marketing materials. You may withdraw your consent by sending us a notice to the following email: service@Carter's Luxury Motors Dba Venue Motor Club.com or alternatively following the opt-out instructions for removing yourself from our mailing list which are available in the commercial materials transmitted to you.

Advertisements: When using our Services, you may receive or be exposed to advertisements and commercials from third party advertisers and/or our authorized service providers and/or vendors. By clicking the advertisements or commercials you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and/or from others. Note that if you click on any of these advertisements, these advertisers may use web- tracking technologies to collect data regarding advertisement performance, your interaction with such ads and your interests (which may include, Non-personal and/or Personal Information about you) in order to serve you advertisements and for the legitimate business interests of such third parties' ad networks. We recommend that you review the terms of use and privacy policy of any advertiser with which you are interacting, since their privacy policy, not ours, will apply to any of those interactions.

Third Party Service Providers

We may be using third party software or service in order to collect, host, store and/or process information. We use commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of Non-personal and Personal Information. Such third party service providers include, without limitation: Microsoft Azure, whose privacy policy can be found at http://azure.microsoft.com/en-us/support/trust-

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center/privacy/; Google Analytics, whose privacy policy can be found at www.google.com/policies/privacy/partners/, and at http://www.google.com/intl/en/analytics/privacyoverview.html; and RouteOne, whose privacy policy can be found at https://www.routeone.com/terms-conditions. We do not control third party service providers. Please read their terms of use and privacy policies to better understand their privacy practices.

Links to Third Party Websites or Services

One or all of the Carter's Luxury Motors Dba Venue Motor Club Services may contain links to non-Carter's Luxury Motors Dba Venue Motor Club websites or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information or functionality. Your access or use of any non-Carter's Luxury Motors Dba Venue Motor Club websites or services or reliance upon their content is at your own risk. Most of the linked sites or services provide legal documents, including terms of use and privacy policy, governing their use. The information they collect about you should be specified in such documents.

Cookies and Other Tracking Technologies

When you access or use our Services, we or our third party service providers (including without limitation, Google Analytics) may use industry-wide technologies such as "cookies", local storage capabilities, or other similar technologies, which store certain local information on your computer and/or track User usage patterns ("Tracking Technologies"). These Tracking Technologies allow the collection of Non-personal Information and Personal Information (e.g. pages viewed by a User within a certain Service, the duration of the browsing, etc.). The Tracking Technologies enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless.

We and our third party service providers may use both session cookies (which expire once the User closes the browser) and persistent cookies (which stay on the User's browser and may be used by the browser on subsequent visits to the Service(s), unless deleted by the User).

Most browsers will allow you to erase cookies from your computer's hard drive or from your device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Tracking Technologies you may use the settings of your browser or mobile device. However, if you block or erase Tracking Technologies then our Services (and your User experience) may be limited.

Changes to the Privacy Policy

Carter's Luxury Motors Dba Venue Motor Club reserves the right to make changes to its Privacy Policy at any time and for any reason, so please re-visit this page frequently. If Carter's Luxury Motors Dba Venue Motor Club makes material changes to the Privacy Policy, then Carter's Luxury Motors Dba Venue Motor Club will either notify you by email or by posting a notice on the Services. These changes will come into effect seven (7) days after such notice was provided on the Services or sent to you by e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page ("Last Updated") and your continued use of the Service(s) after the indicated date will constitute acceptance to be bound by those changes. If the Privacy Policy must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.

Carter's Luxury Motors Dba Venue Motor Club reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to Carter's Luxury Motors Dba Venue Motor Club. Carter's Luxury Motors Dba Venue Motor Club will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.

Got any Questions?

If you have any questions (or comments) concerning this Privacy Policy, please send us an email to the following address: service@Carter's Luxury Motors Dba Venue Motor Club.com and we will make an effort to reply within a reasonable timeframe.

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Our Hours

  • Monday  08:00 - 19:00
  • Tuesday  08:00 - 19:00
  • Wednesday  08:00 - 19:00
  • Thursday  08:00 - 19:00
  • Friday  08:00 - 19:00
  • Saturday  08:00 - 19:00
  • Sunday  Closed

Our Contacts

Our Location

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