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    TERMS OF USE

    Last Modified: July 17th, 2023

    PLEASE CAREFULLY READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.

    THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU

    ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).

    IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THESE TERMS OF USE AND YOU MAY NOT USE THE SERVICES.

    YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE SERVICES WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms of Use and our Privacy Policy, you may not access or otherwise use the Services.

    The following Terms of Use are entered into by and between you and RM Sotheby’s Motor LLC, dba Sotheby’s Motorsport (“Sotheby’s Motorsport” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Sotheby’s Motorsport website at www.sothebysmotorsport.com, and any other website we identify as a part of the Sotheby’s Motorsport online platform, including without limitation Hammer Price, (each, a “Sotheby’s Motorsport Website”), the mobile versions of our websites, the apps that we offer, widgets, tools and content from our websites that we offer for display on third-party websites or in third-party apps, products, services or information that we may provide to you in the form of emails, texts (SMS) or chats, or by or through any other communication channel (collectively, the “Services”).

    For the avoidance of doubt, your use of certain areas, services or features of the Services may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example: in order to bid on a vehicle on the Services, you will be required to register as a “Registered Bidder” and agree to additional terms and conditions associated with the bidding on a vehicle; and in order to sell a vehicle on the Services, you will be required to register as a “Registered Seller” and agree to additional terms and conditions associated with the listing of a vehicle.

    We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Sotheby’s Motorsport Websites. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Services by referring to the “Last Modified” date at the top of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE SERVICES.

    1. About Sotheby's Motorsport.

      We group our users into four categories:
      Visitor: We welcome visitors to our site to learn more about Sotheby’s Motorsport. You are free to navigate the website without the need to register.

      You can become a registered user in our community in three ways: as a Member, a Registered Bidder, and a Registered Seller. In each instance, you will be asked to create an account with a username and password, which is always the same regardless of how you are using our Services.

      Member: After registering and selecting your username and password, you can subscribe to our updates and join the conversation with other community members by commenting on vehicles and asking questions of sellers.

      Registered Bidder: You can become a Registered Bidder by agreeing to Conditions of Business for Bidders and completing a bidder application form on which you provide certain information, including your name, contact information, and financial data that will allow us to qualify you as a bidder on our Services.

      Registered Seller: You can become a Registered Seller by agreeing to Conditions of Business for Sellers, completing the vehicle submission form and placing your vehicle on our platform.

    2. Electronic Communication; Mobile Messaging.

      When you access or use the Services, provide your e-mail address or mobile phone number to Sotheby’s Motorsport, or send us e-mails or text messages, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

      Sotheby’s Motorsport offers mobile messaging, where, if you opt-in, you agree to these Terms of Use and to receive marketing text messages from us. Participation in mobile messaging is optional and not a condition of purchase. The messages we send to you include marketing messages, and may also include notifications when you bid, are outbid, and win an auction. Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

      Regardless of the opt-in method you utilized to participate in mobile messaging, you agree that these Terms of Use apply to your participation in mobile messaging. By participating in mobile messaging, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Sotheby’s Motorsport’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

      SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue to receive mobile messages, please reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Sotheby’s Motorsport in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

    3. Proprietary Rights.

      As between you and Sotheby's Motorsport, Sotheby’s Motorsport owns, solely and exclusively, all right, title and interest in and to the Services and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, trademarks, logos, , etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Services; the compilation of the content, code, data and materials in the Services; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing . Your use of the Services does not grant to you any right, title or interest in any part of the Services, and Sotheby’s Motorsport (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) in the Services.

    4. Limited Right to Use.

      Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited right to access and use the Services for internal purposes of (a) accessing and viewing the content on the Services on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Services, and (c) creating a user account, which allows you to follow a vehicle and submit comments to the community of other registered users. However, as noted above, in order to list or bid on/purchase a vehicle, you will be required to become a Registered Bidder or Registered Seller, respectively, and agree to additional terms and conditions. The Services and the services offered on or through the Services, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use.

      The Services are not directed to children younger than 18 and are offered only to users 18 years of age or older. By using the Services, you are representing that you are at least 18 years old of legal age to enter into legal agreements.

    5. Acceptable Use Policy; Community Guidelines.

      Any commercial distribution, publishing, use or exploitation of the Services or any content on the Services is strictly prohibited unless you have received the express prior written permission of Sotheby's Motorsport or the applicable rights holder.

      Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Services or any element thereof (including any content, software, code, data or materials used in or available on the Services) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Services or any element thereof (including any content, software, code, data or materials used in or available on the Services) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser).

      As a condition of your access to and use of the Services, you agree that you will not use the Services or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Services from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Services and the various services and features offered on or through the Services, you shall not:

      • (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
      • (b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
      • (c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Services; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
      • (d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of historical auction information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Services or through the Services or the services offered on or through the Services;
      • (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Sotheby’s Motorsport through any means, including through password mining;
      • (f) use the Services or any services, content, functions, information, materials or products available through the Services in violation of Sotheby's Motorsport’s or any third party's intellectual property or other proprietary or legal rights;
      • (g) frame or link to the Services without our express written permission;
      • (h) use the Services or any services, content, functions, information, materials or products available through the Services for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
      • (i) engage in activities, or use the Services or any services, content, functions, information, materials or products available through the Services, in a manner that could damage, disable, overburden, or impair the Services or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Services;
      • (j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Sotheby’s Motorsport or any third party;
      • (k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Services or any services, content, functions, information, materials or products available through the Services;
      • (l) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content thereon for any revenue-generating endeavor or commercial enterprise, including to conduct a vehicle purchase or sale with another user outside the Services;
      • (m) post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive (as determined in our sole discretion); (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
      • (n), misappropriate or violate Sotheby’s Motorsport's or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or
      • (o) violate any local, state, provincial, national, or other law or regulation, or any order of a court.

      We provide an open communications platform that enables any registered user to contact and communicate with any other user through the Services. If you are a registered user, you agree to abide by the Community Guidelines accessible at Community Guidelines in connection with all use of the Services’ communications platform and all posting or submission of user-generated content.

      Although we have no obligation to screen, edit or monitor any questions, comments, videos (with or without audio), audio recordings (with or without video), conversations between users or any other content submitted through our communications platform (“User-Generated Content”), we may delete or remove User-Generated Content at any time and for any reason with or without notice. You acknowledge and agree that all User-Generated Content is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. You hereby grant us an irrevocable, worldwide and perpetual license to use such User-Generated Content in connection with the provision of the Services. You represent and warrant that the User-Generated Content is original to you and that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party).

      We may actively monitor the use of the communications platform (but have no obligation to do so), for a wide variety of different purposes, including as described in the Community Guidelines and improving the Services.

    6. Trademarks.

      The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Services (or on content available on the Services) and all rights therein belong to Sotheby’s Motorsport, or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by Sotheby’s Motorsport or the applicable Trademark owner.

    7. User Information; Account Registration.

      In the course of your use of the Services, you may be asked to provide certain personal information to us ("User Information”), including if you choose to register on the Services as a Member, Registered Bidder or Registered Seller. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Sotheby’s Motorsport Privacy Policy which is incorporated into these Terms of Use by reference.

      You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

      We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Services. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Sotheby’s Motorsport and others due to any unauthorized use of your account.

    8. Submitted Materials.

      Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Services, by e-mail or in any other way, and any such information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

    9. Linking to the Services.

      Unless expressly permitted by Sotheby’s Motorsport in writing, you are not permitted to: (i) include a link to the Services or any page or content in the Services on any third party website; (ii) insert a link of any third party content onto the Services; or (iii) download or use images hosted on the Services on another website, for any purpose, including, without limitation, posting such images on another site. To find out more information about our linking policies, or to seek our permission, you may write to: Sotheby’s Motorsport at support@sothebysmotorsport, with “Linking Policies” in the subject line.

    10. Indemnification.

      You agree to defend, indemnify on demand and keep Sotheby’s Motorsport and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Services or any services, content, functions, information, materials, vehicles or products available through the Services, (b) your purchase or use of any vehicles or products through the Services, (c) your placement or transmission of any message, content, information, software or other materials through the Services, including User-Generated Content, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.

    11. Third Party Websites.

      The Services may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Services. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Sotheby’s Motorsport or any of our affiliates. Examples of such Third-Party Websites include, without limitation, financial institutions, Hammer Price, photography service providers, and vehicle inspection, transportation, logistics and valuation companies. The inclusion in the Services of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Sotheby’s Motorsport of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a Sotheby’s Motorsport affiliate, or under license from Sotheby’s Motorsport or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different terms and conditions may apply when you are accessing and using such Third-Party Websites. By using the Services, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.

    12. Copyright Agent.

      We respect the intellectual property rights of others and require that all who use the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Sotheby's Motorsport’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

      (a) Your address, telephone number, and email address;

      (b) A description of the copyrighted work that you claim has been infringed;

      (c) A description of where the alleged infringing material is located;

      (d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      (e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

      (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

      You can contact our Copyright Agent as follows:

      Copyright Agent

      c/o Sotheby's Motorsport
      Legal Department
      RM Sotheby's Motor, LLC
      5972 NE 4th Ave
      Miami, FL 33137
      Phone: 305-507-8799
      Email: legal.dept@sothebysmotorsport.com

    13. DISCLAIMER OF WARRANTIES

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS, VEHICLES AND PRODUCTS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

      WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY VEHICLES, PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND (II) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH SOTHEBY'S MOTORSPORT OR ITS AGENTS.

      THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

      (A) THE SERVICES OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS;

      (B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

      (C) THE SERVICES OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

      (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED;

      (E) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

      (F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

    14. LIMITATION OF LIABILITY.

      IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SERVICES, (C) YOUR PROVISION OF INFORMATION VIA THE SERVICES; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICES; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.

      SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

      IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SERVICES EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

      BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

    15. Dispute Resolution; Binding Arbitration

      All persons agree that they will first attempt to amicably resolve any disputes. If there is a dispute between you and Sotheby’s Motorsport, Sotheby's Motorsport will agree to use reasonable efforts to mediate the dispute and to facilitate a resolution. If a resolution can be reached, the parties agree to document the agreement, which will include the execution by each party of a full and final release of Sotheby's Motorsport.

      Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims.

      If the parties to the dispute cannot reach a resolution, all persons agree that the venue for any dispute resolution shall through binding arbitration. The parties shall proceed to arbitration in the State of Delaware or other location mutually agreement to the parties, before one arbitrator and all proceedings shall be conducted in English. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either party brings action against the other, arising from or relating to these Terms of Use or any transaction or dispute involving Sotheby's Motorsport, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys' fees and costs, including through appeals.

      Class Action Waiver. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SOTHEBY'S MOTORSPORT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SOTHEBY'S MOTORSPORT 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

    16. Local Standards.

      We do not represent or warrant that the Services or any services, content, materials, information, functions or products available through the Services are appropriate for use in all locations. Persons who choose to access the Services do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    17. Termination.

      Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Services at any time, and/or block or prevent future access to and use of the Services, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Services, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. Services

    18. Miscellaneous.

      Entire Agreement. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Services by reference.

      Governing Law; Venue. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Delaware Subject to the terms of Section 15 above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.

      Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

      Amendment. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Sotheby’s Motorsport specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Sotheby's Motorsport must be made in writing and signed by an authorized representative of Sotheby's Motorsport and the provision to be waived.

      Headings. Headings used in these Terms of Use are for convenience only and are not to be relied upon.

      Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

      No Third Party Beneficiaries. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Sotheby's Motorsport’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement.

      Canada. The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

      Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

      18. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:

      Sotheby's Motorsport
      5972 NE 4th Ave
      Miami, FL 33137
      Email: legal.dept@sothebysmotorsport.com