TERMS OF SERVICE

Terms Of Service2023-01-24T00:35:25+00:00
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TERMS OF SERVICE

If you use the Exclusive Racing (EXR) Platform in any way, including but not limited to: viewing Listings, posting a Listing, placing a Bid/Offer or utilizing EXR’s Website Platforms in any manner whatsoever, you agree to and are bound by the Terms of Service | Terms & Conditions | Seller Agreement | Buyer Agreement | Accessibility Policy | Privacy Policy of the Platform, including the “How It Works” Sections, Process & FAQ Pages and “Facilitation Services” Pages contained within the Website Platform.

  • Listing Cancellation Policy
    • Seller may cancel Listing at any time, Except:
      • During Listing’s Live On-Line Auction Period(s)
      • During Classifieds Period(s) if there are Active Offers on the Listing
      • During Hybrid Auction Period(s) during Live On-Line Auction Period(s) or if there are Active Offers on the Listing
    • There is no refund of any Listing Fees paid (if any Listing Fees were assessed) if Seller cancels the Listing
    • Contact Admin@ExclusiveRacing.com to request cancellation of the Listing
  • Seller may adjust the Listing (pricing, text, photos, videos, etc.) during the Listing Period through Seller Dashboard (restrictions apply)
  • Communication Management (All Communication between Buyers & Sellers is Managed & Monitored through the EXR Platform)
  • During the Live Auction Periods and through the Buy Now / Make Offer buttons:
    • A Bid that meets or exceeds the Reserve Price set by the Seller or any Bid placed in a No-Reserve Auction, received during the Live Auction Period, will automatically win the Listing at Auction conclusion and Seller must follow through with the sale and deliver the Listing to the winning Buyer
    • An Offer that meets or exceeds the Buy Now Price set by the Seller, placed through the Buy Now or Make Offer buttons, will automatically win the Listing immediately upon successfully placing said Offer through the Platform and Seller must follow through with the sale and deliver the Listing to the winning Buyer
    • An Offer that is accepted by the Seller, placed through the Make Offer button, will automatically win the Listing upon Seller acceptance of said Offer and Seller must follow through with the sale and deliver the Listing to the winning Buyer
  • To protect Buyer and Seller, prior to Consummation of Sale, all Winning Bids and/or Accepted Offers are subject to Buyer (at Buyer’s Discretion) completing a Pre-Purchase Inspection (PPI) within Seven (7) Business Days (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of notification to Buyer of Winning Buyer status, please visit our Terms & Conditions, Buyer Agreement and Seller Agreement pages for more information and details
  • Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction between the Buyer and Seller for the sale or purchase of a Listing outside of the EXR Platform during the contracted Listing Period Timeframe (Listing Period Timeframe includes: Scheduled Live Auction and Classified Periods as defined by the Listing Plan selected by the Seller at the time of Listing creation)
    • If the sale of a Listing is concluded outside of the Platform during the contracted Listing Period to a Buyer Registered on the Platform, EXR will charge the Seller’s Payment Account (charging the Seller credit card on file) the entire Sales Success Fee regardless of Sales Success Fee Option selected
      • For Reserve Auction – Seller will be charged the Sales Success Fee based upon the higher of: Reserve Price (as set by the Seller for the Listing) or Highest Bid placed on the Listing
      • For No Reserve Auction – Seller will be charged the Sales Success Fee based upon the higher of: Floor Amount (as set by the Seller for the Listing) or Highest Bid placed on the Listing
      • For Classifieds – Seller will be charged the Sales Success Fee based upon the higher of: Buy Now Price (as set by the Seller for the Listing) or Highest Offer placed on the Listing
      • For Hybrid – Seller will be charged the Sales Success Fee based upon the higher of: Reserve Price, Buy Now Price (both as set by the Seller for the Listing), Highest Bid or Highest Offer placed on the Listing
  • There are NO REFUNDS of Buyers Premium (if any paid by Buyer)
    • Exception 1: In the event that within Seven (7) Business Days (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of notification to Buyer of Winning Buyer status, Buyer and/or Seller obtain a PPI (Pre-Purchase Inspection Report) or Buyer has requested and Seller has agreed to, an In-Person Inspection by Buyer or Buyer’s Agent, of the Listing and the PPI exposes major issues with the Listing that were Unknown to Seller, and Buyer and Seller cannot agree on a remedy to said issues, and/or Buyer chooses not to complete the transaction because of said issues:
      • EXR will return to Buyer an amount equal to any Buyers Premium (as defined herein) paid by Buyer minus any fees or administrative charges incurred by EXR to produce said refund
    • Exception 2: In the event that within Seven (7) Business Days (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of notification to Buyer of Winning Buyer status, Buyer and/or Seller obtain a PPI (Pre-Purchase Inspection Report) or Buyer has requested and Seller has agreed to, an In-Person Inspection by Buyer or Buyer’s Agent, of the Listing and the PPI exposes major issues with the Listing that were Known to Seller or should have reasonably been Known by Seller, and said issues were Not Disclosed by Seller, and Buyer and Seller cannot agree on a remedy to said issues, and/or Buyer chooses not to complete the transaction because of said issues:
      • EXR will return to Buyer an amount equal to any Buyers Premium (as defined herein) paid by Buyer
      • Seller will be liable to EXR for any amount refunded to Buyer and any fees or administrative charges incurred by EXR to produce said refund
      • Seller will not be entitled to the return of any fee(s) paid by Seller on account of the sale
      • Seller will be charged the entire Sales Success Fee regardless of Sales Success Fee Option selected
      • Said amounts will be charged to the Seller’s Payment Account (charging the Seller credit card on file)
    • Exception 3: In the event that Seller fails to make a purchased Listing available for transfer to Buyer within Seventy Two (72) hours (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of Buyers payment in full of the purchased Listing:
      • EXR will return to Buyer an amount equal to any Buyers Premium (as defined herein) paid by Buyer
      • Seller will be liable to EXR for any amount refunded to Buyer and any fees or administrative charges incurred by EXR to produce said refund
      • Seller will not be entitled to the return of any fee(s) paid by Seller on account of the sale
      • Seller will be charged the entire Sales Success Fee regardless of Sales Success Fee Option selected
      • Said amounts will be charged to the Seller’s Payment Account (charging the Seller credit card on file)
  • There are NO REFUNDS of Sellers Premium (if any paid by Seller)
    • Exception 1: In the event that within Seven (7) Business Days (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of notification to Buyer of Winning Buyer status, Buyer and/or Seller obtain a PPI (Pre-Purchase Inspection Report) or Buyer has requested and Seller has agreed to, an In-Person Inspection by Buyer or Buyer’s Agent, of the Listing and the PPI exposes major issues with the Listing that were Unknown to Seller, and Buyer and Seller cannot agree on a remedy to said issues, and/or Buyer chooses not to complete the transaction because of said issues:
      • EXR will return to Seller an amount equal to any Sellers Premium (as defined herein) paid by Seller minus any fees or administrative charges incurred by EXR to produce said refund
    • Exception 2: In the event that within Seven (7) Business Days (or other agreed upon time-frame, as agreed between Buyer, Seller and EXR) of notification to Buyer of Winning Buyer status, Buyer fails to pay Seller in full for the Listing:
      • EXR will return to Seller an amount equal to any Sellers Premium (as defined herein) paid by Seller
      • Buyer will be liable to EXR for any amount refunded to Seller and any fees or administrative charges incurred by EXR to produce said refund
      • Buyer will not be entitled to the return of any fee(s) paid by Buyer on account of the sale
      • Buyer will be charged the entire Sales Success Fee regardless of Sales Success Fee Option selected
      • Said amounts will be charged to the Buyer’s Payment Account (charging the Buyer credit card on file)
  • EXR shall be the final arbitrator of any refunds or charges made to Buyer and/or Seller by EXR
  • ALL Listings are Sold “AS IS, WHERE IS” (All Listings offered for sale through EXCLUSIVE RACING (EXR) are sold “AS IS, WHERE IS,” WITHOUT ANY WARRANTY FROM EXCLUSIVE RACING (EXR), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY)
  • Any Warranties offered by the Seller for a particular Listing are “Offered Exclusively by the Seller and are the Seller’s responsibility for the validity of a particular warranty”
  • The content presented in each Listing is provided by the Seller placing the Listing
  • The content material, accuracy and representations made, are the sole responsibility of the Seller posting the Listing
  • EXR is not responsible for the content material, accuracy, representations or misrepresentations of any Listing posted on the platform
  • EXR reserves the right to review, edit, modify or refuse any Listing submitted for consideration
  • EXR does not provide Insurance of any kind on any posted Listings
    • Sellers are responsible to ensure proper insurance levels are maintained on their posted Listing until such time as Listing ownership has legally transferred to Buyer
    • Buyers are responsible to ensure proper insurance levels are in place on the purchased Listing at time of legal ownership transfer of the Listing
  • EXR is not responsible in any manner for any Third Party Services offered through the Platform (Ex: Photography Services, CarFax Reports, Pre-Purchase Inspections, Escrow Services,  DMV/Title/Reg Services, Transport/Shipping Services, Finance Services, etc.)
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