BestEVforSale – Seller Agreement

This Expanded Seller Agreement (the "Agreement") governs your activities as a seller on the BestEVforSale platform (the "Platform"), operated by BestEVforSale, LLC (the "Company," "we," "us," or "our"). By listing a vehicle, submitting information, or engaging in any selling-related activities on the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, you must immediately cease all selling activities and remove any listings.

1. Seller Representations, Warranties, and Accuracy

You represent and warrant that all information you provide in connection with any listing or transaction is true, complete, accurate, current, and not misleading in any respect. This includes, without limitation:

• Vehicle Identification Number (VIN);
• Odometer reading and mileage history;
• Mechanical, structural, and cosmetic condition;
• Accident, damage, or repair history;
• Title status, including whether it is clean, salvage, rebuilt, or otherwise;
• Lien, encumbrance, or security interest status;
• Ownership details, including proof of title and any co-owners;
• Compliance with emissions, safety, and regulatory standards;
• Any recalls, warranties, or service contracts;
• Photos, videos, or other media, which must accurately depict the vehicle without alterations.

2. Authority to Sell and Vehicle Status

You confirm and warrant that you have lawful ownership of the vehicle or full legal authority (e.g., as an authorized agent or power of attorney) to list and sell it. You represent that the vehicle is free of any undisclosed liens, encumbrances, security interests, or claims by third parties.

3. Non-Binding Nature of Offers and Transaction Completion

You understand and agree that any bids, offers, counteroffers, indications of interest, or preliminary agreements displayed or facilitated through the Platform are entirely non-binding and do not create any enforceable contracts or obligations.

4. Seller Responsibilities and Obligations

As a seller, you are solely responsible for all aspects of your listings and transactions, including but not limited to:

• Conducting or arranging inspections, test drives, or appraisals;
• Making all required disclosures under consumer protection laws;
• Calculating, collecting, and remitting taxes, fees, duties, or tariffs;
• Ensuring regulatory compliance, including DMV notifications, emissions testing, and export/import rules;
• Handling title transfers, registrations, and any related paperwork;
• Arranging transportation, delivery, or pickup;
• Resolving any disputes, returns, refunds, or claims with buyers.

5. Assumption of Risk

You expressly acknowledge, assume, and accept all risks inherent in selling vehicles online, including but not limited to:

• Fraud, scams, or identity theft by buyers;
• Non-payment, payment reversals, or disputes;
• Title defects, forged documents, or challenges to ownership;
• Vehicle damage during inspections, test drives, or transportation;
• Regulatory violations, fines, or seizures;
• Personal injury, property damage, or financial loss arising from any transaction;
• Market fluctuations affecting vehicle value or saleability;
• Data breaches or privacy issues.

6. Release, Indemnification, and Hold Harmless

You hereby release, discharge, and agree not to sue BestEVforSale, its affiliates, officers, directors, employees, agents, and successors from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your listings, representations, transactions (completed or failed), or use of the Platform.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTEVFORSALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Dispute Resolution and Governing Law

Any disputes arising out of or related to this Agreement or your selling activities shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Boston, Massachusetts.

9. User Conduct and Platform Rights

You agree not to use the Platform for illegal purposes, post false or misleading content, or interfere with its operation. We reserve the right to monitor listings, remove content, suspend or terminate your account, or report violations to authorities without notice or liability.

10. Privacy and Data Use

Your use of the Platform is subject to our Privacy Policy, which is incorporated herein. You are responsible for complying with data protection laws in your interactions with buyers.

11. Severability, Entire Agreement, and Amendments

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force. This Agreement constitutes the entire understanding between you and BestEVforSale and supersedes all prior agreements.

12. Force Majeure

BestEVforSale shall not be liable for any failure or delay due to events beyond our reasonable control, including acts of God, pandemics, wars, strikes, or technical failures.

Acknowledgment and Acceptance

I have read, understand, and expressly agree to all terms, representations, warranties, disclosures, limitations, releases, obligations, and risks in this Agreement.

BestEVforSale – Dealer Agreement

This Expanded Dealer Agreement (the "Agreement") governs your activities as a licensed dealer on the BestEVforSale platform (the "Platform"), operated by BestEVforSale, LLC (the "Company," "we," "us," or "our"). By registering as a dealer, accessing dealer-exclusive listings, submitting bids, purchasing vehicles, or engaging in any dealer-related activities on the Platform, you represent that you are a duly licensed motor vehicle dealer and acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

1. Dealer Licensing, Compliance, and Representations

You represent, warrant, and covenant that:

• You are a duly licensed motor vehicle dealer in good standing under all applicable federal, state, and local laws, regulations, and requirements;
• You hold all necessary permits, bonds, insurance and certifications required to purchase, resell, transport, and deal in vehicles;
• You comply fully with all applicable laws, including consumer protection laws, advertising rules, odometer disclosure requirements, title transfer regulations, emissions standards, and export/import restrictions;
• You are not subject to any suspension, revocation, or pending disciplinary action related to your dealer license or business practices.

2. Independent Due Diligence and No Reliance on Platform

As a licensed professional dealer, you acknowledge that you are solely and independently responsible for conducting thorough due diligence on any vehicle before bidding, purchasing, or accepting delivery.

3. Non-Binding Nature of Platform Activity and Transaction Completion

All bids, offers, proxy bids, indications of interest, or other communications on the Platform (including during Dealer-Exclusive Phases) are non-binding and do not create enforceable obligations.

4. Fees, Payments, and Financial Responsibilities

You agree to pay any applicable Platform fees as outlined in current fee schedules. Fees for unsuccessful bids or non-completed transactions are non-refundable.

5. Assumption of Risk

You expressly acknowledge and assume all risks associated with purchasing vehicles through the Platform, including but not limited to:

• Fraud, misrepresentation, or seller default;
• Undisclosed defects, hidden damage, or EV-specific issues;
• Title defects, liens, or ownership disputes;
• Transportation damage, delays, or loss;
• Regulatory violations, fines, or rejections;
• Market value fluctuations or resale difficulties;
• Personal injury, property damage, or financial loss from any vehicle.

6. Release, Indemnification, and Hold Harmless

You hereby release, discharge, and agree not to sue BestEVforSale, its affiliates, officers, directors, employees, agents, and successors from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your dealer activities, bids, purchases, vehicle condition, seller conduct, transaction outcomes, or Platform use.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTEVFORSALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

8. Dispute Resolution and Governing Law

Any disputes arising from this Agreement or your dealer participation shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA) in Boston, Massachusetts.

9. User Conduct and Platform Rights

You agree not to misuse the Platform, submit false bids, engage in collusive practices, or violate dealer codes of conduct. We may monitor activity, suspend/terminate access, or report violations without liability.

10. Privacy, Severability, Entire Agreement, Amendments, and Force Majeure

Your use is subject to our Privacy Policy. Invalid provisions do not affect others. This is the entire agreement. Amendments posted on the Platform are binding upon continued use. We are not liable for force majeure events.

Acknowledgment and Acceptance

I have read, understand, and expressly agree to all terms, representations, warranties, disclosures, limitations, releases, obligations, and risks in this Agreement. As a licensed dealer, I accept full responsibility for my due diligence.

BestEVforSale – Private Buyer Agreement

This Expanded Private Buyer Agreement (the "Agreement") governs your activities as a private (non-dealer) buyer on the BestEVforSale platform (the "Platform"), operated by BestEVforSale, LLC (the "Company," "we," "us," or "our"). By accessing private buyer listings, submitting offers, bids, or purchasing any vehicle through or in connection with the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.

1. Private Buyer Due Diligence and Independent Verification

As a private buyer, you are solely and independently responsible for conducting thorough due diligence on any vehicle before submitting any offer, bid, or completing a purchase.

2. No Buyer Protection, Escrow, Guarantees, or Warranties

The Platform provides no buyer protection, escrow services, payment processing, title holding, guarantees, warranties (express or implied), dispute resolution, or mediation.

3. Non-Binding Nature of Offers and Transaction Completion

Any offers, bids, counteroffers, indications of interest, or communications on the Platform are entirely non-binding and do not create enforceable contracts or obligations.

4. Assumption of Risk

You expressly acknowledge, assume, and accept all risks associated with purchasing vehicles online as a private buyer, including but not limited to:

• Fraud, scams, misrepresentation, or identity theft by sellers;
• Non-delivery, seller default, or failure to transfer title;
• Undisclosed defects, hidden damage, battery degradation (for EVs), or safety issues;
• Title defects, liens, salvage history, or ownership disputes;
• Transportation damage, delays, or loss;
• Regulatory violations, fines, emissions non-compliance, or registration issues;
• Market value fluctuations or resale difficulties;
• Personal injury, property damage, or financial loss from the vehicle or transaction.

5. Release, Indemnification, and Hold Harmless

You hereby release, discharge, and agree not to sue BestEVforSale, its affiliates, officers, directors, employees, agents, and successors from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTEVFORSALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Dispute Resolution and Governing Law

Any disputes arising from this Agreement or your private buyer participation shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA) in Boston, Massachusetts.

8. User Conduct and Platform Rights

You agree not to misuse the Platform, submit frivolous offers, engage in fraudulent activity, or violate applicable laws.

9. Privacy, Severability, Entire Agreement, Amendments, and Force Majeure

Your use is subject to our Privacy Policy. Invalid provisions do not affect others. This is the entire agreement. Amendments posted on the Platform are binding upon continued use. We are not liable for force majeure events.

Acknowledgment and Acceptance

I have read, understand, and expressly agree to all terms, disclosures, limitations, releases, obligations, and risks in this Agreement.

BestEVforSale – Seller Addendum

(Incorporated into and governed by the Master Terms of Use)

1. Seller Representations, Warranties, and Absolute Accuracy

Seller represents, warrants, and covenants that all information provided to BestEVforSale or displayed in any listing is true, complete, accurate, current, and not misleading, whether by omission or otherwise.

2. Authority to Sell; Legal Compliance

Seller represents and warrants that:

• Seller is the lawful owner of the vehicle or has full legal authority to sell it
• The vehicle is free of undisclosed liens, security interests, or third-party claims
• Seller has complied and will comply with all applicable laws

3. Non-Binding Offers; No Sale Until Completion

Seller expressly agrees and acknowledges that:

• ALL bids, offers, counteroffers, and communications on the Platform are non-binding
• No agreement exists unless and until ALL of the following occur outside the Platform:
  1. Full payment is completed
  2. Legal title is properly transferred
  3. Vehicle delivery is completed

4. Seller Responsibilities and Assumption of All Transaction Duties

Seller is solely responsible for all aspects of any listing and transaction, including:

• Inspections, test drives, and disclosures
• Tax calculation, collection, and remittance
• Title transfer and registration
• Transportation, delivery, and logistics
• Regulatory compliance
• Resolving disputes, refunds, or claims

5. Express Assumption of Risk

Seller expressly assumes all risks inherent in selling vehicles online, including but not limited to:

• Buyer fraud or misrepresentation
• Payment failures or reversals
• Title defects or ownership disputes
• Vehicle damage during inspections or transport
• Regulatory penalties or seizures
• Personal injury or property damage
• Market volatility or pricing changes
• Data or privacy risks

6. Release, Indemnification, and Hold Harmless (With Cap)

Seller hereby fully releases BestEVforSale and its members, officers, directors, employees, agents, and affiliates from any and all claims arising from:

• Seller's listings
• Seller-provided information
• Any transaction or attempted transaction
• Any buyer interaction

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BestEVforSale shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages
• Total aggregate liability shall not exceed fees paid by Seller in the twelve (12) months preceding the claim

8. Arbitration; Class Action Waiver; Governing Law

This Seller Addendum is governed by the Mandatory Arbitration, Class Action Waiver, Governing Law, and Venue provisions of the Master Terms of Use.

9. Platform Rights; Content License

BestEVforSale may remove listings, suspend accounts, or terminate Seller access at any time.

10. Survival of Obligations

The following sections survive termination of Seller's use of the Platform:

• Representations and warranties
• Assumption of risk
• Release and indemnification
• Limitation of liability
• Arbitration and governing law

BestEVforSale – Dealer Addendum

(Incorporated into and governed by the Master Terms of Use)

1. Dealer Licensing, Status, and Regulatory Compliance

Dealer represents, warrants, and covenants that at all times during use of the Platform:

• Dealer holds and maintains all required federal, state, and local dealer licenses
• Dealer is in good standing with all regulatory authorities
• Dealer maintains all required bonds, insurance, and permits
• Dealer complies with all applicable laws
• Dealer is not subject to any suspension, revocation, or pending enforcement action

2. Independent Due Diligence; No Reliance

Dealer acknowledges and agrees that Dealer is a sophisticated, licensed professional and is solely responsible for conducting independent and comprehensive due diligence prior to bidding, purchasing, or taking delivery of any vehicle.

3. Non-Binding Bids; No Transaction Until Completion

Dealer expressly agrees that:

• ALL bids, offers, proxy bids, and communications on the Platform are non-binding
• No purchase, sale, or contract exists unless and until ALL of the following occur outside the Platform:
  1. Execution of a formal sales contract
  2. Completion of full payment
  3. Transfer of clear title
  4. Completion of delivery or transportation

4. Fees and Financial Responsibility

Dealer agrees to pay all applicable Platform fees pursuant to published fee schedules.

5. Assumption of Risk (Heightened Dealer Standard)

Dealer expressly assumes all risks associated with purchasing vehicles through the Platform, including but not limited to:

• Seller fraud or default
• Hidden defects or EV-specific battery issues
• Title defects or lien disputes
• Transportation damage or delays
• Regulatory violations or penalties
• Market volatility or resale losses
• Personal injury or property damage

6. Release, Indemnification, and Hold Harmless (With Cap)

Dealer hereby fully releases BestEVforSale and its affiliates, officers, directors, employees, and agents from any and all claims arising from:

• Dealer activities
• Vehicle condition
• Seller conduct
• Transaction outcomes
• Platform use

7. Limitation of Liability

To the maximum extent permitted by law:

• BestEVforSale shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages
• Total aggregate liability shall not exceed fees paid by Dealer in the twelve (12) months preceding the claim

8. Arbitration, Class Action Waiver, Governing Law

This Dealer Addendum is governed by the Mandatory Arbitration, Class Action Waiver, Governing Law, and Venue provisions of the Master Terms of Use.

9. Platform Rights and Monitoring

BestEVforSale may monitor activity, remove listings, suspend dealer access, terminate accounts, or report violations at its discretion.

10. Survival

The following provisions survive termination:

• Licensing representations
• Due diligence obligations
• Assumption of risk
• Release and indemnification
• Limitation of liability
• Arbitration and governing law

BestEVforSale – Private Buyer Addendum

(Incorporated into and governed by the Master Terms of Use)

1. Independent Due Diligence and Verification (No Reliance)

Private Buyer acknowledges and agrees that Private Buyer is solely responsible for conducting complete and independent due diligence prior to submitting any bid, offer, or completing any purchase.

2. No Buyer Protection; No Escrow; No Warranties

Private Buyer acknowledges and agrees that BestEVforSale:

• Provides no buyer protection
• Provides no escrow services
• Does not process payments
• Does not hold title or funds
• Does not provide dispute resolution or mediation
• Does not guarantee vehicle condition, legality, or delivery

3. Non-Binding Offers; No Transaction Until Completion

Private Buyer expressly acknowledges that:

• ALL bids, offers, counteroffers, and communications on the Platform are non-binding
• No agreement exists unless and until ALL of the following occur outside the Platform:
  1. Execution of a formal sales contract
  2. Completion of full payment
  3. Transfer of legal title
  4. Completion of delivery or transportation

4. Express Assumption of Risk

Private Buyer expressly assumes ALL risks associated with private vehicle purchases, including but not limited to:

• Seller fraud, misrepresentation, or default
• Non-delivery or failure to transfer title
• Hidden defects or EV battery degradation
• Title defects, liens, or salvage branding
• Transportation loss or damage
• Regulatory or registration failures
• Market value depreciation
• Personal injury, property damage, or financial loss

5. Release, Indemnification, and Hold Harmless (With Cap)

Private Buyer hereby fully releases BestEVforSale and its members, officers, directors, employees, agents, and affiliates from any and all claims arising from:

• Platform use
• Any bid or offer
• Vehicle condition
• Seller conduct
• Transaction outcomes

6. Limitation of Liability

To the maximum extent permitted by law:

• BestEVforSale shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages
• Total aggregate liability shall not exceed fees paid by Private Buyer in the twelve (12) months preceding the claim

7. Arbitration; Class Action Waiver; Governing Law

This Private Buyer Addendum is governed by the Mandatory Arbitration, Class Action Waiver, Governing Law, and Venue provisions of the Master Terms of Use.

8. Platform Rights

BestEVforSale may monitor activity, remove content, suspend access, terminate accounts, or report violations at its discretion.

9. Survival

The following provisions survive termination of Platform use:

• Due diligence obligations
• Assumption of risk
• Release and indemnification
• Limitation of liability
• Arbitration and governing law