THIS BUYER SERVICE AGREEMENT (the “Agreement”) is made and entered into between Exclusive Racing, Inc. (“The Company”), and the purchaser of the Listing as registered on The Company Website Platform as a Bidder (the “Buyer”). The Company and Buyer agree as follows:
- The Company shall provide Buyer with access to https://ExclusiveRacing.com/ (the “Website”) to search for, identify, and place bids, make offers or use the “Buy Now” feature on Listings that Buyer may be interested in purchasing (the “Services”). In the event that Buyer places the highest bid, offer or clicks the “Buy Now” feature on any Listing listed on the Website (the “Listing” or “Item”), Buyer gives The Company the exclusive right to provide any information necessary to the Seller so that they can complete a transaction for the purchase of the Listing from the owner of the Listing (the “Seller”).
- The “How It Works” Process, Services and FAQ Page(s) of the Website found at: https://ExclusiveRacing.com/ are incorporated herein by reference and are hereby made a part of this Agreement.
- In exchange for the Services, Buyer agrees to pay The Company a Buyer’s Fee, as compensation, as per the Process and FAQ pages in the “How It Works” section of the Website found at: https://ExclusiveRacing.com/ are incorporated herein by reference and are hereby made a part of this Agreement, and per the selections made by Seller during Listing creation. Said amounts will be retained by The Company as part of The Company’s compensation. Buyer understands that, except as provided in Section 6 hereof, the Buyer’s Fee (if any) will not be refunded to Buyer under any circumstance. All bids, offers and fees are in United States Dollars (“USD”).
- Buyer’s Obligations. In the event that Buyer places a bid, offer or clicks “Buy Now” on a Listing which is listed for sale on the Website pursuant to a form of auction in which a minimum price at which the Listing may be sold is established (the “Reserve Price”), Buyer hereby agrees that insofar as Buyer’s bid or offer is equal to or higher than the Reserve Price and Buyer’s bid or offer is the highest bid or offer received by The Company, Buyer will be deemed to have purchased the Listing. In the event that Buyer places a bid on a Listing which is listed for sale on the Website pursuant to a form of auction which does not contain a Reserve Price, Buyer hereby agrees that insofar as Buyer’s bid is the highest bid received by The Company with respect to the Listing, Buyer will be deemed to have purchased the Listing. Buyer shall comply with the Process and FAQ pages in the “How It Works” section of the Website found at: https://ExclusiveRacing.com/ are incorporated herein by reference and are hereby made a part of this Agreement, and per the selections made by Seller during Listing creation with regard to payment and delivery of the Listing.
- THE COMPANY’S OBLIGATIONS; DISCLAIMERS. THE WEBSITE IS A PUBLIC VENUE WHERE PERSONS CAN SELL AND BUY PROPERTY. UNLESS OTHERWISE EXPRESSLY STATED BY THE COMPANY, THE COMPANY IS INVOLVED ONLY AS A FACILITATOR IN THE TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, THE COMPANY HAS LIMITED CONTROL OVER THE ITEMS LISTED FOR AUCTION, INCLUDING, WITHOUT LIMITATION, CONTROL WITH RESPECT TO QUALITY, SAFETY OR LEGALITY OF ITEMS FOR SALE, TRUTH OR ACCURACY OF LISTING FOR SALE ITEMS, OR THE ABILITY OF SELLER(S) TO ENGAGE IN ANY TRANSACTION OVER THE WEBSITE. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT AND MANY TIMES IMPOSSIBLE, THE COMPANY CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO HE OR SHE CLAIMS TO BE. BUYER AGREES THAT THE COMPANY IS NOT AN AGENT OF BUYER AND THAT THE COMPANY IS NOT ACTING IN A FIDUCIARY CAPACITY. BUYER AGREES THAT THE COMPANY IS NOT AN ADVOCATE FOR THE INTERESTS OF EITHER BUYER OR ANY OTHER PARTY RELATED TO THE SALE OF THE LISTING. BUYER ACKNOWLEDGES AND CONSENTS THAT THE COMPANY MAY REPRESENT AND/OR ASSIST OTHER BUYERS WHO MAY HAVE AN INTEREST IN PURCHASING THE LISTING OR ANY OTHER LISTING LISTED FOR SALE ON THE WEBSITE. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT THE COMPANY MAKES NO WARRANTY OR GUARANTY IN CONNECTION WITH WHETHER THE DETAILS PROVIDED BY SELLER ABOUT THE LISTING ARE TRUTHFUL OR ACCURATE, INCLUDING WITH RESPECT TO THE QUALITY OF TITLE TO THE LISTING, OR WHETHER THE QUALITY OF THE LISTING ULTIMATELY DIFFERS FROM THE QUALITY OF THE LISTING AS DISPLAYED ON THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS SUFFERED BY BUYER RELATING TO THE LISTING OR SUBJECT MATTER HERETO INCLUDING, BUT NOT LIMITED TO, SELLER REFUSING TO ENTER INTO A SALES CONTRACT, FAILING TO MAKE THE LISTING AVAILABLE TO BUYER AFTER PURCHASE, OR OTHERWISE NOT COMPLETING A PURCHASE OF A LISTING. THE COMPANY SHALL NOT BE CHARGED WITH DELIVERY OF THE LISTING OR WITH THE CUSTODY OF THE LISTING, ITS MANAGEMENT, MAINTENANCE, SECURITY, INSURING, OR REPAIR AND SHALL HAVE NO ABILITY TO CONTROL WHETHER THE LISTING UNDERGOES ANY CHANGE OR DAMAGE FOLLOWING THE PURCHASE OF THE LISTING BY THE BUYER BUT BEFORE BUYER RECEIVES POSSESSION THEREOF.
- Buyer Default. If Buyer fails to comply with its obligations hereunder, including, but not limited to, failing to issue payment in full for the Listing pursuant to Section 3 hereof or failing to pick up or arrange for delivery of the Listing within the Delivery Period, Buyer shall be in default under this Agreement and shall be obligated to pay to The Company, as liquidated damages, an amount equal to the Buyer’s Fee (if any, as per the Process and FAQ pages in the “How It Works” section of the Website found at: https://ExclusiveRacing.com/ are incorporated herein by reference and are hereby made a part of this Agreement, and per the