GOMOTORBIDS.COM TERMS AND CONDITIONS OF USE

GoMotorBids.com User registration is only available to individuals who can form legally binding contracts under applicable law governed by the United States of America and the state of Missouri. Please read the following sections carefully, as they contain the Terms and Conditions of Use that will govern your use of the GoMotorBids.com website. These Terms and Conditions constitute a legally binding agreement between you and Motorsport Marketing, Inc. Use of either of the Motorsport Marketing websites at http://www.GoMotorBids.com and http://www.GoMotorSports.com will be considered acceptance of these Terms and Conditions. It is your responsibility to carefully read these Terms and Conditions before using this site. If you do not wish to be bound by the Terms and Conditions contained in the following pages, please do not use the GoMotorBids.com or GoMotorSports.com website. Please note that these Terms and Conditions of Use change frequently in order to ensure a safe and fair bidding environment for all. Please review these terms and conditions periodically.

1. DEFINITIONS - The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.

   "You", "Your", "Bidder", "Purchaser", "Buyer", "User" and "Username": These terms refer to you.

   "Motorsport Marketing, Inc.", "Motorsport Marketing", "GoMotorBids", "GoMotorBids.com", "GoMotorSports.com", "We", "Us", "the Company" and "Our": These terms all refer to Motorsport Marketing, Inc.

   For stylistic reasons, the terms "GoMotorBids.com," "GoMotorSports.com", "GMB" and "Website(s)" are sometimes used to refer to any and all on-line content created by MotorSport Marketing, Inc.

2. TERMS OF AGREEMENT - This Agreement is between You and Motorsport Marketing, Inc. ("Motorsport Marketing"). Motorsport Marketing has the right to alter this agreement or these Terms and Conditions at any time. This may be done by updating the pages you are looking at now. Please visit this page periodically in order to check the changes that may have been made to these Terms and Conditions, particularly before you participate in an auction or execute any other transaction. Every time you use this site, you are agreeing to the Terms and Conditions as they exist at that time.
3. GOMOTORBIDS.COM USER REGISTRATION - In registering for a GoMotorBids.com Username, you acknowledge and represent that you are over the age of eighteen years and can form legally binding contracts under applicable law. You agree to keep your Username and password confidential. You further guarantee that the information you supply to the GoMotorBids.com website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering GoMotorbids.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website you must obey all applicable federal, state and local laws. This website was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing your rights to use this website.
4. GOMOTORBIDS.COM BIDDING OBLIGATIONS - Bidders automatically enter into a legally binding contract to purchase the item if they win the online auction. In other words, if you are the successful bidder, you agree to pay the amount of your bid plus all applicable taxes and shipping charges in the time and manner designated by Motorsport Marketing which means that all auction items must be paid for within seven (7) days of the closing date of the auction. We reserve the right to change these terms. GoMotorbids.com requires payment for the items that the Bidder has committed to purchase. Failure to make such payment shall be deemed to be a breach of these Terms and Conditions and could result in the suspension and/or termination of your account. Additionally, a breach under this section may also result in legal action being taken against the party in breach.
5. PAYMENT - Payment for all successful action wins and other purchases shall be made by credit card or PayPal within seven (7) days of the closing date of the earliest unpaid auction. GoMotorBids accepts Visa, Discover, American Express and MasterCard. You may safely enter your entire credit card number via our secure server, which encrypts all submitted information. You pay for your combined auction wins and other purchases by clicking on "Pay & Ship" at the GoMotorBids web site. Your credit card will be charged when you complete the "Pay & Ship" process. Unless you are otherwise notified, your order will ship without further confirmation. Should an item be out of stock or damaged at our facility, we will refund your payment in the amount of the item and any applicable shipping, handling, and taxes for the item.
6. SHIPPING AND HANDLING - Shipping shall be governed by GoMotorBids.com Shipping Policy, which can be found here. All U.S. orders are shipped by FedEx, UPS, DHL, or the U.S.P.S. based on our discretion. We do not ship to P.O. boxes. You must provide a physical street address. We DO NOT ship to any international addresses other than US territories, US APO/FPO, and Canada. All duties, taxes, brokerage fees, and other costs incurred before, after, or during the shipment shall be the responsibility of the Purchaser.
7. RETURN POLICY - Within fifteen (15) days of receipt of your order, Purchaser may return any item in its original condition for a full refund or replacement if available. Return shipping is the responsibility of the purchaser unless the return is a result of our error (you received an incorrect or defective item). An exchange or replacement may be provided to the purchaser if it is available. The availability of a replacement item cannot be guaranteed. Refunds or credits will be provided for returned items in most cases. Please note that Purchaser must have a return material authorization number (RMA) in order return an item. To obtain a RMA, please send an email with a return request to gmbhelp@gomotorbids.com. Include your order number, item number, and a reason for the return. Your RMA will include instructions for returning the item. After we receive the item, we will issue the refund or ship the replacement. No products may be returned for credit, replacement, or adjustment without an official return authorization number from Motorsport Marketing.
8. PROHIBITED ACTIVITIES - the following activities are expressly prohibited from the GoMotorBids.com website:
   1. Posting messages, creating a Username or posting comments in violation of anyone's trade secret, copyright, or other intellectual property right.
   2. Posting messages, creating a Username or posting comments that contain offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
   3. Engaging in activity that compromises the GoMotorBids website. Such may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancelbots, Trojan horses, mailbombing, crashing, or any other malware.
   4. Engaging in any activity designed to impede the use of the GoMotorBids website by other Users, including, but not limited to, any activity that jams the website, including overloading and flooding.
   5. Posting messages or comments that violate anyone else's privacy or sending e-mails to other Users who have not requested them.
   6. Framing or deep linking into the GoMotorBids website. Additionally, Users are not to place hyperlinks in their own postings.
   7. Accessing the GoMotorBids website by means of an automated process, spiders, bots or similar device.
   8. Duplicating GoMotorBids web pages or modifying the website, or its content.
   9. Using GoMotorBids images to display your product for sale or for any other reason without written permission.
9. THIRD-PARTY SELLERS AND CONSIGNMENTS - Users are advised that many of the items available for bid or sale on GoMotorBids.com have been placed on consignment by third-party Sellers unrelated to Motorsport Marketing, Inc. ("Third-Party Sellers"). These Third-Party Sellers are carefully selected by GoMotorBids.com for reputation and quality. Third-party sellers who sell through GoMotorBids.com have no independent right of control over a listing as such is handled by GoMotorBids.com.
10. PROHIBITED OUTSIDE OFFERS - GoMotorBids prohibits any offer to buy or sell outside of GoMotorBids which utilizes information gained through GoMotorBids activity ("Prohibited Outside Offer"). Offers of this kind circumvent the GoMotorBids fee structure and are a potential fraud risk for both sellers and buyers.

    Some examples of Prohibited Outside Offers include:

    1. Using information obtained through GoMotorBids.com to offer to buy or sell a listed item outside of GoMotorBids.
    2. Offering to sell duplicate or additional items to underbidders.

    Sellers do not have the ability to end a listing early in order to sell an item at the current bid price to the high bidder.

    Even though offers to buy or sell outside of GoMotorBids.com are not always made with the intent to defraud, there is always a significant level of risk involved. Please be aware that items purchased as a result of an outside of GoMotorBids.com offer are not eligible for GoMotorBids customer service.

    If you discover a Seller who is attempting to sell or a buyer who is attempting to buy with a Prohibited Outside Offer, you must report same to a Customer Service Representative within seven (7) days.

11. SHILL BIDDING POLICY - Shill Bidding is bidding that artificially increases an item's price or apparent desirability or bidding by individuals with a level of access to the seller's item information not available to the general bidding public. Shill Bidding is prohibited on GoMotorSports.com and GoMotorBids.com. Individuals deemed to have a level of access to the seller's item information not available to the general bidding public include family members, roommates and employees of sellers ("Closely-related parties"). Closely-related parties are not permitted to bid on items sold by the Seller on GoMotorBids.com, even if their sole intent is to purchase the item. All Third-Party Sellers have agreed to prevent Shill Bidding and to make their employees aware of the policy and the possible consequences of violation. GoMotorBids.com has instituted the following discretionary sanctions against Third-Party Sellers who violate the Shill Bidding policy:
    1. Listing cancellation.
    2. Limits on selling privileges.
    3. Account suspension.
    4. Referral to law enforcement.

    If you as a buyer/bidder have information to the effect that another bidder is artificially raising the price or desirability of an item by Shill Bidding, please report it at once to GoMotorBids.com.

12. USER SUSPENSION AND/OR TERMINATION - Motorsport Marketing, in its sole discretion, may terminate a membership/login or suspend site privileges of Bidders for violating Motorsport Marketing policies, including the Privacy Policy, Terms and Conditions of Use, non payment of auction wins, and other GoMotorBids website notices. Motorsport Marketing will also terminate your membership/login at your request. Termination of your membership/login does not release you from your obligation to pay for your auction wins.
13. WEBSITE UNAVAILABILITY - Because public networks, such as the Internet, occasionally experience disruptions, Motorsport Marketing cannot guarantee its services will be available 100% of the time. Although Motorsport Marketing strives to provide the most reliable services possible, interruptions and delays in service are sometimes unavoidable and Motorsport Marketing disclaims any liability for damages resulting from such problems.
14. ERRORS ON WEBSITE - Information on this website may contain technical inaccuracies, typographical errors, or inaccurate listings. We attempt to make GoMotorBids descriptions and photographs as accurate as possible, but Motorsport Marketing does not warrant that item descriptions, photographs, or other content of this website is accurate, complete, reliable, current, or error-free. In some cases, such as an item without defect, a photograph may be displayed that was taken from an identical item in like condition. If a product offered by GoMotorBids.com is not as described, your sole remedy is to return it in unused condition. Please see our return policy above. If a product offered by GoMotorBids.com is not available due to a listing error or other technical failure, Motorsport Marketing, at its sole discretion, reserves the right to refuse the sale of that merchandise at the stated price and will in no way be liable for the provision of a suitable replacement of that product.
15. INTELLECTUAL PROPERTY - This website is owned and operated by Motorsport Marketing, Inc., in Missouri, the United States of America. Unless otherwise noted in this website, Motorsport Marketing owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, photographs, audio clips, video clips, trademarks, software server information, and anything else hosted on this website. All rights to our content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Motorsport Marketing's copyright. Additionally, the GoMotorbids.com Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
16. LICENSE - Motorsport Marketing grants User a personal, non-exclusive, and non-transferable right to access and use the content on the GoMotorBids website solely for use in connection with auction participation and other item purchases. All use must be in accordance with the Terms and Conditions of Use as expressed at the time of use. All Users must comply with all Motorsport Marketing policies including those stated in the Privacy Policy.
17. WARRANTY - Any manufacturers' warranties, if any, shall pass through to Purchaser to the extent permitted by law. THE FORGOING WARRANTY, IF ANY, ARE EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. PURCHASER'S SOLE REMEDY IS ADDRESSED IN SECTION 20 AND MOTORSPORT MARKETING'S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THAT SECTION.
18. DELIVERY - All shipping and performance dates are based on receipt of payment for complete orders with complete and accurate information. Delivery timeframes are provided as a courtesy but do not constitute a binding promise on the part of Motorsport Marketing. That being stated, Motorsport Marketing will make every effort to make deliveries as scheduled. Motorsport Marketing assumes no liability for damages arising out of failure to deliver material or services as scheduled. All shipments are F.O.B. Motorsport Marketing's warehouse or Motorsport Marketing's plant, as the case may be, or other designated point as mutually agreed upon in writing. Motorsport Marketing shall not be liable for failure or delay in delivery services or products for any reason. Motorsport Marketing shall have such additional time within which to perform as may be reasonably necessary under the circumstances and shall have the right to apportion its production and services among its customers in such manner as it may consider to be equitable. All delivery-based claims must be made within thirty (30) days from receipt of shipment, and must be accompanied by the packing list(s) and appropriate documents covering the shipment.
19. MODIFICATIONS -Information may be changed or updated without notice. GoMotorBids.com or any of its suppliers or managing/subsidiary companies may also make improvements and/or changes in their products and/or the programs described in this information at any time without notice. Motorsport Marketing reserves the right to change or modify the design of and construction of any of its products or the procedures and methods for any of its services. The availability of certain products or models may change without notice to Purchaser.
20. NONCONFORMING GOODS OR SERVICES - Purchaser shall notify Motorsport Marketing in writing of any alleged nonconformity of goods and/or services tendered by Motorsport Marketing under this Agreement within ten (10) days after receipt of the goods or services or within five (5) days after the alleged nonconformity could have been reasonably discovered, whichever date shall be the later. Such written notice shall provide a detailed explanation and description of the alleged nonconformity. In the event that Motorsport Marketing agrees with Purchaser's nonconformity assessment(s), Motorsport Marketing shall have the right, at its sole option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Purchaser's notice of nonconformity. Purchaser shall grant Motorsport Marketing's reasonable requests for extension of time to affect the cure of any improper tender. Purchaser's failure to provide notice of nonconformity as described above shall be prima facie evidence of conformity of the goods and services tendered by Motorsport Marketing under the Agreement.
21. PURCHASER'S DUTY TO PRESERVE NONCONFORMING GOODS - In the event that Motorsport Marketing has no agent or place of business at the location for tender of the goods, Purchaser shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of Motorsport Marketing. Purchaser shall incur only those expenses that are reasonable and necessary in fulfilling its obligation to protect and preserve all allegedly nonconforming goods.
22. LIMITATION OF LIABILITY - THE LIABILITY OF MOTORSPORT MARKETING, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF MOTORSPORT MARKETING'S OBLIGATIONS IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, STORAGE, INSTALLATION AND/OR USE OF THE PRODUCTS SOLD UNDER THE AGREEMENT, OR THE RENDITION OF SERVICES HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET PURCHASE PRICE (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES, AND SHALL IN NO EVENT INCLUDE DAMAGES FOR LOSS OF PROFITS OR REVENUE; INCREASED COST OF PURCHASING OR PROVIDING MATERIALS, SUPPLIES OR SERVICES; COST OF REPLACEMENT CAPITAL; CLAIMS OF PURCHASER'S CUSTOMERS; INVENTORY OR USE CHARGES; OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL GOMOTORBIDS.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. TRADEMARK DISCLAIMER - GoMotorBids.com, GoMotorSports.com, GoMotorBids and GoMotorSports, Get-It-Now, Get-It-New, and GMB are trademarks of Motorsport Marketing Inc. Any trademarks appearing on goods for sale or on pop-up or banner advertisements featured on GoMotorBids.com are the property of their respective trademark holders. None of these trademark holders are affiliated with Motorsport Marketing, Inc., our services or our website(s).
24. OFF-SITE LINKS - A link to a non-GoMotorbids.com website does not mean that GoMotorbids.com endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
25. USER INDEMNIFICATION OF MOTORSPORT MARKETING - User agrees to indemnify Motorsport Marketing against any lawsuit based on User's activities. This includes any lawsuit based on the content on the User's postings. User further agrees to indemnify, defend and hold Motorsport Marketing harmless from and against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, whether based on warranty, contract, negligence, strict liability or otherwise, arising from or based on User's activities or postings.
26. CONTROLLING LAW AND VENUE - It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, of the United States of America, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Circuit Court of Jackson County, Missouri at Kansas City, or the United States District Court for the Western District of Missouri, Western Division.
27. SEVERABILITY - If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and nonappealable, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken herefrom in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
28. FORCE MAJEURE - The nonperformance of any obligation hereunder and under any purchase order submitted hereunder shall be excused during, and as a result of, any calamity, civil disturbance, war, governmental action or intervention, labor dispute, shortage of raw materials or components, act of God, or other action beyond the control of the party whose performance is hindered, delayed, or prevented.
29. WAIVER - Any waiver of any right or provision of these Terms and Conditions by Motorsport Marketing at any time shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by Motorsport Marketing in writing.