BRISTLECONE VAULT COLLECTOR TERMS OF SERVICE
Version 1.0
Welcome to Bristlecone Vault. These Collector Terms of Service ("Terms") govern your access to and use of the Bristlecone Vault platform, website (bristleconevault.com), and associated services (collectively, the "Platform"). These Terms constitute a legally binding agreement between you ("Collector," "you," or "your") and Bristlecone Vault LLC, a Florida limited liability company ("Bristlecone Vault," "we," "us," or "our").
By creating an account, purchasing, selling, or holding any Token on the Platform, or by otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
Section 1 — The Bristlecone Vault Platform
1.1. A Technology Platform for Collectibles. The Platform is a technology service that facilitates the creation, sale, and transfer of "Tokens," which are digital records representing ownership of physical collectible items ("Physical Items"). You acknowledge and agree that Bristlecone Vault is a technology provider and not a broker, financial institution, exchange, custodian, or fiduciary. All transactions are conducted peer-to-peer between the seller (which may be a "Manufacturer" or another Collector) and the buyer.
1.2. Tokens Are Collectibles, Not Investments. The Platform is intended for collectors to buy and sell digital representations of tangible personal property for their personal enjoyment. Tokens are not financial instruments, securities, or investments. You represent and warrant that you are acquiring Tokens for their consumptive and collectible purpose and not for any investment, speculative, or financial purpose. You should not expect to derive any profit from your ownership of a Token. The value of collectibles can be volatile, and you should not purchase any Token with the expectation of resale profit.
1.3. Custody of Physical Items. Bristlecone Vault does not, at any time, take physical possession, custody, or control of any Physical Item. All Physical Items are held in certified custody facilities managed by third-party providers ("Certified Vault Partners") under separate agreements with the original Manufacturer of the Token. Bristlecone Vault has no role as a bailee, custodian, or fiduciary with respect to any Physical Item. Your ownership of a Token constitutes a claim on the Physical Item held by the Certified Vault Partner, subject to the terms of the Redemption process.
1.4. Grade and Condition Information. The Platform may display information regarding the grade, condition, or authenticity of a Physical Item. This information is provided by the Manufacturer and is recorded on the Platform as a claim made by that Manufacturer. Bristlecone Vault does not independently verify, authenticate, or warrant any claims regarding a Physical Item's grade, condition, or authenticity. You are responsible for making your own assessment of an item's value based on the information provided.
Section 2 — Your Account and Wallet
2.1. Account Creation. You must be at least 18 years of age to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
2.2. Account Security. You are solely responsible for the security of your account, including your login credentials. You are also responsible for all activities that occur under your account. You must immediately notify Bristlecone Vault of any unauthorized use of your account.
2.3. In-App Digital Wallet. When you create an account with your email address, the Platform automatically creates and manages a unique digital wallet on your behalf using Thirdweb's In-App Wallet infrastructure ("In-App Wallet"). This allows you to hold and transfer Tokens without needing to install separate wallet software, manage cryptographic keys (or "seed phrases"), or interact directly with the blockchain. While the Platform manages the technical operation of your In-App Wallet, you remain the owner of the wallet and the Tokens held within it.
2.4. Trader Handle. When you first list a Token for sale or accept an offer on a Token, you will be required to select a unique, permanent trader handle. This handle will be publicly associated with your sales and purchase history on the Platform. Once you have set your trader handle, it cannot be changed.
Section 3 — Token Transactions
3.1. Acquiring Tokens. You can acquire Tokens by purchasing them from a Manufacturer in a primary sale or from another Collector in a secondary market transaction. Token purchases are paid for in US dollars through the Platform's secure payment system. While Token ownership transfers are recorded on a public blockchain (currently Polygon), you do not need to own cryptocurrency to use the Platform.
3.2. Blockchain Transactions and Payment Disputes. You acknowledge that once a Token transfer is recorded and confirmed on the blockchain, it is generally irreversible. However, this does not affect your rights regarding payment disputes. Any disputes or claims for refunds arising from Platform errors, failed transactions, or other payment-related issues will be handled in accordance with the dispute resolution process outlined in Section 8 of these Terms.
3.3. Fees. All fees associated with transactions, including any applicable Platform Fee and Royalty paid to the original Manufacturer, are disclosed at the time of purchase or sale. By transacting on the Platform, you agree to pay all applicable fees.
Section 4 — Redemption of Physical Items
4.1. Redemption Is a Claim Against the Issuing Manufacturer, Not Bristlecone Vault. Each Token represents a claim on a Physical Item held by a Certified Vault Partner under a custody arrangement with the Manufacturer that originally issued the Token (the "Issuing Manufacturer"). When you redeem a Token, you are exercising that claim against the Issuing Manufacturer, and the Physical Item is released and shipped to you by the Issuing Manufacturer's Certified Vault Partner. Bristlecone Vault is not the seller, custodian, bailee, shipper, or warrantor of any Physical Item, and is not a party to the redemption fulfillment. Bristlecone Vault's role is limited to operating the technology that records your request, burns the Token on-chain, and routes the release instruction to the Issuing Manufacturer and its Certified Vault Partner.
4.2. Redemption Process. To initiate a Redemption, you must hold the Token in a wallet you control at the time of the request, submit the request through the Platform, verify your identity and shipping address, and pay the applicable Redemption Fee. Upon confirmation, the Token is permanently burned on-chain, and the Platform forwards the release instruction to the Issuing Manufacturer's Certified Vault Partner for shipment to your verified address.
4.3. Redemption Fees. The Redemption Fee includes a flat administrative fee plus any applicable shipping, handling, and insurance costs charged by the Issuing Manufacturer's Certified Vault Partner. All Redemption Fees are disclosed before you confirm your Redemption request.
4.4. Shipping and Risk of Loss. You are responsible for providing an accurate and secure shipping address. Once the Certified Vault Partner transfers the Physical Item to the shipping carrier, the risk of loss or damage passes to you. Any dispute regarding the condition, grade, authenticity, packaging, or delivery of a redeemed Physical Item is between you and the Issuing Manufacturer (and, where applicable, its Certified Vault Partner and shipping carrier). Bristlecone Vault may, at its discretion, assist in routing such disputes but has no obligation to fulfill, refund, replace, or insure any Physical Item.
Section 5 — Prohibited Conduct
You agree not to engage in any of the following prohibited activities: (a) Using the Platform for any illegal purpose or in violation of any local, state, national, or international law. (b) Engaging in any fraudulent activity, including but not limited to, providing false information, or creating or selling Tokens representing non-existent or misrepresented Physical Items. (c) Participating in any manipulative transaction, such as wash trading, to artificially inflate the price or trading volume of any Token. (d) Using any automated means (bots, scrapers) to access the Platform for any purpose without our express written permission. (e) Bypassing any security measures or access controls of the Platform. (f) Infringing upon or violating the intellectual property rights of Bristlecone Vault or any third party.
Section 6 — Disclaimers and Limitation of Liability
6.1. Platform "As Is". THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRISTLECONE VAULT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRISTLECONE VAULT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (C) THE LOSS, DAMAGE, OR THEFT OF ANY PHYSICAL ITEM HELD BY A CERTIFIED VAULT PARTNER. IN NO EVENT SHALL BRISTLECONE VAULT'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID BRISTLECONE VAULT IN PLATFORM FEES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Section 7 — Indemnification
You agree to defend, indemnify, and hold harmless Bristlecone Vault, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; or (c) your violation of any applicable law or the rights of any third party.
Section 8 — Dispute Resolution
8.1. Governing Law. These Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles.
8.2. Dispute Resolution Process. Any dispute arising under these Terms shall first be submitted to good faith negotiation between the parties for a period of 30 days. If not resolved through negotiation, disputes shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in Sarasota, Florida.
8.3. Class Action Waiver. YOU AND BRISTLECONE VAULT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
8.4. Exception for Injunctive Relief. Nothing in this Section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.
Section 9 — General Provisions
9.1. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bristlecone Vault regarding your use of the Platform.
9.2. Amendment. We may amend these Terms with 30 days written notice. Your continued use of the Platform following the effective date of any amendment constitutes acceptance of the amended terms.
9.3. Severability. If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect.
Section 10 — Collector Acknowledgment
By creating an account or using the Platform, you specifically acknowledge and agree to the following:
• I understand and agree that Tokens are collectible digital assets for personal enjoyment and are not investments, securities, or financial instruments. I have no expectation of profit from purchasing a Token.
• I understand and agree that Bristlecone Vault is a technology platform only and does not take custody of, or responsibility for, the Physical Items. I understand that all Physical Items are held by third-party Certified Vault Partners under arrangements with the item's Manufacturer.
• I understand and agree that Bristlecone Vault does not verify, warrant, or guarantee any grade, condition, or authenticity claims made by a Manufacturer. I am responsible for my own assessment of an item's value.
• I understand and agree that all transactions on the blockchain are irreversible and that I am solely responsible for the security of my digital wallet.
• I have read and agree to resolve all disputes through binding arbitration in Sarasota, Florida, and I waive my right to participate in a class action lawsuit.