Terms of Service

Exclusive Racing, Inc. (“EXR,” “we,” “us,” or “our”) operates a specialized boutique marketplace for race cars, track-day and high-performance vehicles, trailers, transporters, and racing equipment and gear.

EXR’s Role — Marketplace Facilitator Only EXR acts solely as a marketplace facilitator. We are not a party to any transaction between a Buyer and Seller, and we do not act as an escrow agent for any vehicle purchase price. The Seller is solely responsible for the accuracy, completeness, and legality of their listing. The Buyer is solely responsible for performing their own due diligence prior to purchase.

Our Three Listing Tiers:

• Hybrid Auctions — Platinum Package: A “Run-Till-Sold” concierge service. EXR manages the listing, vets inquiries, and administers continuous 14-day sales cycles (7-day Live Auction + 7-day Buy Now/Make Offer) until the listing is sold. Minimum asset value: $15,000. No upfront listing fee. A 5% Sales Premium is earned by EXR only upon a successful sale.
• Direct Sale — Gold Package: A “Run-Till-Sold” concierge service. EXR manages the listing, vets inquiries, and operates a continuous Buy Now/Make Offer direct sale format — no auction periods — until the listing is sold. Minimum asset value: $15,000. No upfront listing fee. A 5% Sales Premium is earned by EXR only upon a successful sale. Gold provides the same full concierge service, marketing, and media allowances as Platinum. The only difference is the sales format.
• Classifieds — Silver Package: A 180-day fixed-term, direct-to-seller classified listing with Buy Now/Make Offer functionality. The Seller manages all inquiries and offers directly through the EXR platform. Available for parts, components, gear, equipment, and race cars with an asking price between $500 and $14,999. Listing fee: $49, charged upon approval. 0% Sales Premium.

2. Eligibility & Account Registration

To use the EXR platform, you must be at least 18 years of age and legally capable of entering into binding contracts under applicable law. By registering an account, you represent and warrant that all information you provide is accurate, current, and complete.

A valid payment method is required to submit a listing or participate in bidding or offers. Browsing the marketplace and saving listings is free.

EXR reserves the right to suspend or terminate any account at its sole discretion, with or without notice, for any violation of these Terms or for conduct deemed harmful to the platform or its community.

3. Platform Conduct & Prohibited Activities

3.1 No Circumvention (Off-Platform Sales — Platinum & Gold Only) This section applies to Hybrid Auctions (Platinum Package) and Direct Sale (Gold Package) listings. Silver Classifieds are a direct-to-seller service; final transactions for Silver listings are understood to normally be concluded between Buyer and Seller outside the platform.

For Platinum and Gold listings, all transactions involving EXR-generated leads must be completed through the EXR platform during the active listing period. Sellers shall not bypass the platform to conclude a sale privately with any Buyer introduced through EXR.

If a Platinum or Gold listing sale is concluded off-platform during the active listing period, EXR reserves the right to charge the Seller’s payment method on file the full Sales Premium, calculated based on the highest of the following: the Buy Now Price, the highest offer placed on the listing, or — for Platinum only — the Reserve Price or highest bid placed on the listing.

3.2 Anti-Shill Bidding Sellers — and any person associated with or acting on behalf of a Seller — are strictly prohibited from bidding on their own listings for any reason, including to artificially inflate the price or create the appearance of demand. Violation of this policy will result in immediate account termination and may result in legal action.

3.3 Professional Conduct & Comment Policy All users are expected to maintain professional decorum on the platform at all times. The following are strictly prohibited:

• Posting derogatory, defamatory, speculative, or unverified claims on any listing (“comment sabotage”)
• Harassment, intimidation, or threatening conduct toward any user or EXR staff
• Submission of false, misleading, or fraudulent listing information

Violations may result in immediate account suspension or permanent termination without refund.

3.4 72-Hour Communication Requirement Sellers must respond to all vetted buyer inquiries and platform notifications within seventy-two (72) hours. Failure to respond in a timely manner may result in listing suspension or account review.

4. Listing Submission, Approval & EXR’s Rights

4.1 Approval-First Model All listing submissions — across all tiers — are subject to review and approval by EXR before going live and before any listing fee is charged. Submission of a listing does not guarantee approval and does not create any obligation on the part of EXR.

EXR will review all submissions and respond within seventy-two (72) hours of receipt. Upon approval:

• Platinum and Gold listings: no listing fee is charged. The listing is published to the marketplace. The 5% Sales Premium is earned by EXR only upon a successful Winning Event.
• Silver listings: the $49 listing fee is automatically charged to the Seller’s payment method on file. The listing is published to the marketplace. No Sales Premium applies.

No listing fee is charged for any submission that is not approved.

4.2 Minimum & Maximum Asset Values Listings will not be approved outside the following asset value ranges:

• Platinum: $15,000 minimum asking/Buy Now price — no maximum
• Gold: $15,000 minimum asking/Buy Now price — no maximum
• Silver: $500 minimum asking/Buy Now price — $14,999 maximum asking/Buy Now price

4.3 Silver Tier Category & Value Restrictions Silver listings are available for parts, components, gear, equipment, and race cars with an asking price between $500 and $14,999. Assets with an asking price of $15,000 or above are not eligible for Silver listings and must be submitted under the Gold or Platinum tier.

4.4 Seller Responsibility The content of each listing — including descriptions, specifications, history, photos, videos, and pricing — is provided solely by the Seller. The Seller is solely responsible for the accuracy, completeness, and truthfulness of all listing content. EXR does not verify listing claims and is not responsible for any inaccuracies, misrepresentations, or omissions made by a Seller.

4.5 EXR’s Right to Review, Refuse & Remove EXR reserves the right, at its sole discretion, to review, edit, modify, reject, remove, or reclassify any listing submitted to the platform for any reason — including but not limited to inaccurate content, unrealistic pricing, failure to meet minimum standards, or conduct inconsistent with our marketplace standards. Approval decisions are final. No listing fee is charged for declined submissions.

4.6 Listing Cancellation Policy Sellers may request cancellation of their listing at any time, except:

• During an active Live Auction period, or
• When there is an active, unresolved offer on the listing.

To request cancellation, contact [email protected]. No listing fees are refunded upon cancellation regardless of remaining listing duration. EXR’s decision regarding any cancellation request is final.

4.7 Listing Adjustments Sellers may adjust listing content (pricing, photos, description, etc.) during the active listing period through the Seller Dashboard, subject to platform restrictions. Reserve Price and Buy Now Price may only be adjusted downward during the listing period. Asset values may not be adjusted below the applicable tier minimum or above the applicable tier maximum at any time.

4.8 Realistic Pricing Requirement

For Platinum and Gold listings, all pricing — including asking price, reserve price, and Buy Now price — must be market-realistic and is subject to EXR approval before the listing goes live. EXR conducts pricing reviews at ninety (90) day intervals on all active Platinum and Gold listings. Sellers are required to engage in good faith with EXR’s pricing recommendations. EXR reserves the right to require pricing adjustments, pause active marketing, or cancel listings where pricing is determined, at EXR’s sole discretion, to be unrealistic or detrimental to a successful sales outcome. No listing fees or Sales Premiums are refunded in the event of cancellation due to unrealistic pricing.

5. Intellectual Property & Media License

By uploading photos, videos, or any other content to the EXR platform, you grant Exclusive Racing, Inc. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, and display that content for marketing, advertising, social media, and promotional purposes across all media channels and formats, without further compensation to you.

You represent and warrant that you are the owner of, or have all necessary rights to, any content you upload, and that such content does not infringe upon the intellectual property rights of any third party.

6. Binding Offers & Electronic Signatures

Pursuant to the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), you agree that clicking “Bid,” “Buy Now,” or “Make Offer” — or otherwise engaging with platform transactional features — constitutes your legally binding electronic signature and creates a binding contractual obligation to purchase or sell the listed item at the agreed price, subject to the PPI provisions in Section 9.

All bids placed in a Live Auction and all offers accepted through the platform are binding contracts. Buyers and Sellers are obligated to complete the transaction in accordance with these Terms.

7. Fees, Sales Premiums & Listing Costs

7.1 Approval-First Payment Policy No listing fee is charged at the time of submission for any tier. Upon approval:

• Platinum: $0 listing fee. 5% Sales Premium earned only upon a Winning Event.
• Gold: $0 listing fee. 5% Sales Premium earned only upon a Winning Event.
• Silver: $49 listing fee automatically charged to Seller’s payment method on file. 0% Sales Premium.

All listing fees are non-refundable once charged.

7.2 Platinum & Gold — Sales Premium Both Platinum and Gold carry no upfront listing fee. A 5% Sales Premium is earned by EXR only upon a successful sale (“Winning Event”). The Sales Premium is calculated identically for both tiers as follows:

• Buyer’s Premium (Platform Default): The Buyer pays the full Sales Premium. The Seller pays nothing and retains 100% of the sale price.
• Split Premium: The Buyer and Seller each pay 50% of the total Sales Premium.
• Seller’s Premium: The Seller pays the full Sales Premium. The Buyer pays nothing.

The applicable Sales Premium structure and percentage are confirmed and displayed on each listing page before the listing goes live.

7.4 Automatic Collection Upon Winning Event Upon the occurrence of a Winning Event — defined as:

• Platinum: the close of a Live Auction resulting in a winning bid, the use of “Buy Now,” or the formal acceptance of a “Make Offer”
• Gold: the use of “Buy Now” or the formal acceptance of a “Make Offer”

— EXR will immediately and automatically charge the applicable Sales Premium to the responsible party’s payment method on file. Successful collection of the Sales Premium is a prerequisite for the release of contact information between Buyer and Seller and the commencement of the facilitated closing process.

7.5 Silver — Flat Listing Fee Silver listings carry a $49 flat listing fee charged upon approval. Silver listings carry a 0% Sales Premium. EXR does not collect any fee on the final Silver transaction price. Silver listing fees are non-refundable once charged.

7.6 Spotlight Boost — Silver Only Silver sellers may purchase Spotlight Boost add-ons at $19 per boost through their Seller Dashboard at any point during their active listing period. Silver listings are eligible for up to 2 boosts per listing period — one per 90-day window. Spotlight Boost fees are charged immediately upon purchase and are non-refundable under all circumstances. Spotlight Boosts are not available for Platinum or Gold listings.

7.7 Sales Premium Calculation Examples (Assumes default 5% Sales Premium — applies to both Platinum and Gold)

• $15,000 sale → $750 (minimum applies)
• $50,000 sale → $2,500
• $100,000 sale → $5,000
• $500,000 sale → $7,500 (cap applies)
• $750,000 sale → $7,500 (1% tier)
• $1,000,000 sale → $10,000 (1% tier)

7.8 Failed Payment If a Silver listing fee payment fails upon approval, the listing will be held in a pending status for forty-eight (48) hours while the Seller resolves the payment issue. If payment is not successfully collected within 48 hours, the listing approval will be revoked and the Seller will be notified. No listing fee is charged for listings where payment cannot be collected.

8. The 7-7-72 Transaction Timeline

All Platinum and Gold Buyers and Sellers agree to the following mandatory performance windows following a Winning Event:

• 7-Day PPI Window: The Buyer has seven (7) business days from notification of Winning Buyer status to complete a Pre-Purchase Inspection (PPI) or in-person inspection, if requested by the Buyer and agreed to by the Seller. The PPI is at the Buyer’s discretion and expense.
• 7-Day Payment Window: The Buyer must fund the full purchase price within seven (7) calendar days of the Winning Event, or within seven (7) calendar days of a completed and satisfactory PPI, whichever is later.
• 72-Hour Delivery Window: The Seller must release the vehicle and all associated title/MSO documentation to the Buyer or the Buyer’s designated agent or transporter within seventy-two (72) hours of confirmed receipt of full payment.

Failure by either party to meet these performance windows may result in cancellation of the transaction, forfeiture of applicable fees, and account suspension.

9. Pre-Purchase Inspections (PPI) & Transaction Cancellation

9.1 Grounds for Cancellation A completed Platinum or Gold transaction may only be cancelled if a PPI reveals a Major Undisclosed Defect — meaning a material structural failure, undisclosed mechanical damage, engine damage, or title discrepancy that was not disclosed in the listing and was not reasonably observable from the listing media.

9.2 Buyer’s Remorse — Not Grounds for Cancellation Cancellation for buyer’s remorse, change of mind, or minor cosmetic wear consistent with normal use of a race car or motorsport vehicle is not permitted. Race cars and motorsport vehicles are used in demanding conditions; normal wear and minor cosmetic imperfections are expected and do not constitute grounds for cancellation.

9.3 Refund Policy — Buyer’s Premium There are NO REFUNDS of Buyer’s Premium, except in the following circumstances:

• Exception 1 — Unknown Defect (No Seller Fault): If a PPI reveals major issues unknown to the Seller, and the parties cannot agree on a remedy, EXR will refund the Buyer’s Premium paid by the Buyer, minus any fees or administrative charges incurred by EXR in processing the refund.
• Exception 2 — Known Undisclosed Defect (Seller at Fault): If a PPI reveals major issues that were known to the Seller or should reasonably have been known, and were not disclosed in the listing, and the parties cannot agree on a remedy, EXR will refund the full Buyer’s Premium to the Buyer. The Seller will be charged the full Buyer’s Premium refunded plus any administrative fees, and will not receive a refund of any fees paid. The Seller will also be charged the full Sales Premium regardless of the premium option originally selected.
• Exception 3 — Seller Fails to Deliver: If the Seller fails to release the vehicle and title within the 72-hour delivery window following confirmed receipt of full payment, EXR will refund the full Buyer’s Premium to the Buyer. The Seller will be charged the full amount refunded plus administrative fees and the full Sales Premium, regardless of the premium option originally selected.

9.4 Refund Policy — Seller’s Premium There are NO REFUNDS of Seller’s Premium, except in the following circumstances:

• Exception 1 — Unknown Defect (No Seller Fault): If a PPI reveals major issues unknown to the Seller and the transaction is cancelled, EXR will refund the Seller’s Premium paid by the Seller, minus any fees or administrative charges incurred by EXR.
• Exception 2 — Buyer Fails to Pay: If the Buyer fails to remit full payment within the 7-day payment window, EXR will refund the Seller’s Premium to the Seller. The Buyer will be charged the full amount refunded plus administrative fees and the full Sales Premium, regardless of the premium option originally selected.

9.5 EXR as Final Arbitrator EXR shall serve as the final arbitrator of all refund and chargeback determinations made under this Section. EXR’s decision is final and binding.

10. Payment & Third-Party Escrow

EXR does not hold, manage, or bear any responsibility for vehicle purchase price funds transferred between Buyers and Sellers. EXR strongly recommends the use of a licensed third-party escrow provider (e.g., Escrow.com) to protect both parties during the transaction.

10.1 Direct Payment Parties may coordinate payment directly between themselves. EXR assumes zero liability for any funds transferred outside of a licensed third-party escrow provider.

10.2 Third-Party Escrow (Recommended) EXR may facilitate an introduction to a licensed third-party escrow provider. Use of any third-party escrow service is subject to the terms, fees, and conditions of that specific provider. EXR is not a party to, and assumes no liability for, any escrow agreement between the parties and a third-party provider.

11. “As-Is” Sales, Warranties & Insurance

11.1 As-Is Sale All items listed on the EXR platform are sold “AS IS, WHERE IS” following the expiration of the PPI window (or waiver thereof). EXR makes no warranties — express or implied — regarding any listed item, including but not limited to any warranty of merchantability, fitness for a particular purpose, or accuracy of listing content.

11.2 Seller Warranties Any warranty offered by a Seller for a specific listing is made solely by the Seller and is the Seller’s sole responsibility. EXR makes no representation regarding the validity or enforceability of any Seller-offered warranty.

11.3 Insurance EXR does not provide insurance of any kind on any listing. Sellers are responsible for maintaining appropriate insurance coverage on their listed asset until legal ownership transfers to the Buyer. Buyers are responsible for securing appropriate insurance coverage at the time of legal ownership transfer.

12. Motorsports Liability & Assumption of Risk

MOTORSPORTS ARE INHERENTLY DANGEROUS. RACE CARS AND HIGH-PERFORMANCE VEHICLES MAY BE MODIFIED FOR COMPETITION USE AND MAY NOT BE STREET LEGAL, ROAD REGISTERED, OR COMPLIANT WITH ANY APPLICABLE SAFETY STANDARDS FOR USE ON PUBLIC ROADS.

BY PURCHASING ANY ITEM THROUGH THE EXR PLATFORM, BUYER EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISK OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING FROM OR RELATED TO THE USE, OPERATION, OR OWNERSHIP OF THE PURCHASED ITEM. EXR SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES UNDER ANY THEORY OF LIABILITY.

13. Facilitation Services & Third-Party Vendors

EXR may offer or coordinate facilitation services — including but not limited to escrow coordination, pre-purchase inspections, DMV and title support, photography, and transport and shipping — either directly or through our third-party partner network. Facilitation services are available to all listing tiers. All facilitation services are provided at additional cost, regardless of listing tier. Fees for facilitation services are separate from and in addition to any listing fees or sales premiums. Contact [email protected] for details.

EXR is not a common carrier, freight broker, or insurer. EXR is not responsible in any manner for the services, conduct, performance, or liability of any third-party vendor introduced or referenced through the platform, including but not limited to: photography services, CARFAX reports, pre-purchase inspection providers, escrow services, DMV/title/registration services, transport and shipping providers, and finance providers.

Any dispute arising from services rendered by a third-party vendor is strictly between the User and that vendor.

14. Taxes & Registration

The Buyer is solely responsible for all applicable sales taxes, use taxes, registration fees, and any other governmental charges arising from the purchase of a listed item. EXR does not collect, remit, or advise on taxes or registration fees. Buyers are encouraged to consult with a qualified tax or legal professional regarding their obligations.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL — ARISING OUT OF OR RELATED TO YOUR USE OF THE EXR PLATFORM OR ANY TRANSACTION FACILITATED THROUGH IT, EVEN IF EXR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXR’S TOTAL CUMULATIVE LIABILITY TO ANY USER FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE EXR PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY THAT USER TO EXR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

16. Indemnification

You agree to indemnify, defend, and hold harmless Exclusive Racing, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the EXR platform; (b) your listing content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any dispute between you and another platform user.

17. Dispute Resolution & Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the EXR platform — including the determination of the scope or applicability of this arbitration agreement — shall be resolved exclusively through final and binding arbitration administered in Napa County, California, before a neutral arbitrator.

By using the EXR platform, you expressly waive your right to a jury trial and your right to participate in any class action, class arbitration, or representative proceeding.

Nothing in this Section shall prevent EXR from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or enforce its rights under these Terms.

18. Modifications to These Terms

EXR reserves the right to update or modify these Terms at any time. When changes are made, we will update the “Last Updated” date at the top of this page. Continued use of the EXR platform following the posting of any modification constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

19. Entire Agreement & Severability

These Terms, together with the documents incorporated by reference herein, constitute the entire agreement between you and EXR with respect to your use of the platform and supersede all prior agreements and understandings. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

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