of our services available under the domain and sub-domains of race-cars.com
If you do not agree to
be bound by the terms and conditions of this Agreement, do not use or access our services.
which include those terms and conditions expressly set out below and those incorporated by reference, before you access
contained in the other pages referred to in this document, as they may contain further terms and conditions
that apply to you as a race-cars.com user. Please note: underlined words and phrases are links to these pages and websites.
We may amend this Agreement at any time by posting the amended terms on our site.
- Membership Eligibility.Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are not available to minors.
If you are a minor, you can use this service only in conjunction with your parents
or guardians. If you do not qualify, please do not use our services.
- Fees and Services.Accessing race-cars.com is free. We may in our sole discretion change some
or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the
launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and our website and all applicable taxes.
- race-cars.com is a Venue.
3.1 race-cars.com is not a retailer, store, or "dealer". Although we are commonly
referred to as "the race cars sales site"
, it is important to realize that we are not a traditional retailer. Instead, our site acts as a venue to
allow anyone to offer, sell, and buy racing cars and parts and related items. We are
not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the
ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
3.2 Identity Verification. race-cars.com cannot and does not confirm each user's purported identity.
you to communicate directly with potential trading partners through the information available on our site. You may also wish to
consider using a third party escrow service or services that provide additional user verification.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release race-cars.com
(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by other users that is made available through our
system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons
or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
- Making an Offer and Buying.As a buyer, you are obligated to complete the transaction with the seller
if you agree to purchase an item and your offer
is accepted by the seller, unless the transaction is prohibited by law
or by this Agreement.
- Listing and Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you list
for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings
may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed
items must be listed in an appropriate category.
5.2 Binding Offers. If you receive at least one offer at or above your stated minimum price, you are obligated as
the seller to complete the transaction with the buyer with the highest
offer, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet
the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, race-cars.com may suspend or terminate your access if we suspect that you
(by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection
with our site.
5.5 Manipulation. Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with
other user's listings or transactions.
- Your Information.
6.1 Definition. "Your Information" is
defined as any information you provide to us or other users in the listing or buying process, in any public
message area or through any email feature. You are solely responsible for Your
Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a)
be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe
any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part)
the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or
services that: (aa) are prohibited under this Agreement; (dd) you do not have
a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was
initiated using our service) that could cause us to violate any
applicable law, statute, ordinance or regulation.
6.3 License. Solely to enable race-cars.com to use the information you supply us with, so that we are not violating any
rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your
- Access and Interference.
You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of the race-cars.com site or any activities conducted on our site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed
to race-cars.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works,
or publicly display any content (except for Your Information) from our website without the prior expressed written permission
of race-cars.com or the appropriate third party.
Without limiting other remedies, we may immediately remove your item listings, warn
our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and
refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b)
we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
We do not sell or rent your personal information to third parties for marketing purposes without
your consent. We view protection of users' privacy
as a very important community principle. We understand clearly that you and your information is one of our most important
assets. We store and process your information on computers located in the United States that are protected by physical as
well as technological security devices.
If you object to your Information being transferred or used in this way please do not use our services.
- No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
- Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES,
AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
- Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances
and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase,
and sale of items.
- No Agency.
You and race-cars.com are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to race-cars.com, Chicago Soft, Ltd. Attn:
Legal Department 1 Maple Street, Hanover, NH 03755 (in the case of race-cars.com)
or to the email address or postal mail address you provide to race-cars.com.
(in your case). Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to race-cars.com. In such
case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services,
excluding legal action taken by race-cars.com to collect our fees and/or recover damages for, or obtain an injunction relating to,
the race-cars.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in New Hampshire, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or race-cars.com may seek any interim or preliminary relief from
a court of competent jurisdiction in New Hampshire if necessary to protect the rights or property of you or race-cars.com pending
the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover
attorney's fees and costs up to $1000.00.
- Additional Terms.The following policies are incorporated into this Agreement by reference and provide additional
terms and conditions related to specific services offered on our site:
Vehicle Listing and Commission Agreement: http://www.race-cars.com/listagre.htm.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site.
In addition, when using particular
services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through
our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into
- General.This Agreement shall be governed in all respects by the laws of the State of New Hampshire as such laws are
applied to agreements entered into and to be performed entirely within New Hampshire between New Hampshire residents. We do not
guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by
numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated
agreements may be automatically assigned by race-cars.com, in our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect
to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release),
6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Arbitration) shall survive any
termination or expiration of this Agreement.
- Disclosures.The services hereunder are offered by race-cars.com, Chicago Soft, Ltd., located at 1 Maple Street, Hanover, NH 03755.
You may have this same information emailed to you by sending a letter to the foregoing
address with your email address and a request for this information.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested
in learning more about these protections, information is available at
or other analogous sites providing information on such protections. The preceding link is provided for information purposes
only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. race-cars.com is not affiliated
Disputes between you and race-cars.com regarding our services may be reported to Customer Support by email to
. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified
mediation or arbitration entity.