Last Modified: July 17th, 2023
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.
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.
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.
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.
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.
Limited Right to 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.
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.
- (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.
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.
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.
User Information; Account Registration.
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.
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.
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.
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.
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:
c/o Sotheby's Motorsport
RM Sotheby's Motor, LLC
5972 NE 4th Ave
Miami, FL 33137
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.
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.
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.
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.
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.
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.
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.
5972 NE 4th Ave
Miami, FL 33137