The services offered by TowAuctions.com (“TowAuctions.com” or “Domain Names Inc. or we”) include the TowAuctions.com website (“Tow Auctions Website”), the TowAuctions.com website (” Tow Auctions Website”), the Auctions.TowAuctions.com website (the “Online Units Tow Auctions Website”), the TowAuctions.com Sellers vehicles listing/s, and any other features, content, or applications offered from time to time by TowAuctions.com in connection with the Tow Auctions Website (collectively, the “Tow Auctions Services”). The Tow Auctions Services are hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Tow Auctions Services. By using the Tow Auctions Services, you agree to be bound by this Agreement, whether you are a “Visitor” (you simply browse the Tow Auctions Website) or you are a “Member” (you have registered with TowAuctions.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Tow Auctions Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Tow Auctions Website and the Tow Auctions Website and discontinue use of the Tow Auctions Services immediately. If you wish to become a Member, communicate with other Members and make use of the Tow Auctions Services, you must read this Agreement and indicate your acceptance by creating an account through the Registration process.

This Agreement includes TowAuctions.com’s policy for acceptable use of the Tow Auctions Services and Content posted on the Tow Auctions Website, your rights, obligations, and restrictions regarding your use of the Tow Auctions Services and TowAuctions.com’s Privacy Policy. In order to participate in certain Tow Auctions Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tow Auctions Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at:admin@towauctions.com

TowAuctions.com may modify this Agreement from time to time and such modification shall be effective immediately when TowAuctions.com posts them on the Tow Auctions Website or the Tow Auctions Website. You agree to be bound to any changes to this Agreement when you use the Tow Auctions Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated regarding any changes.

Online Unit Terms

Online Units: Tow Auctions Bidder/Buyer Agreement

As a Bidder or Buyer you are responsible for reading and understanding all of the below terms. To aid your understanding, we have listed select highlights from the Bidding Rules Section, see below for more details. You also agree to the remaining terms of this Agreement.

• Bid Increments are the levels in which a buyer bids at and has full control to do so.

Buyers with proven track records of bidding and buying will have more and less restricted access to multiple vehicle bidding capabilities.

• All auctions are subject to the TOW AUCTION fees as follows and has NOTHING to do with the fees and charges at the SELLER FACILITY that is a separate transaction, this amount will be charged to the sellers credit card same day as and needs to be paid upon presentation of amount due:

• The buyer premium, a the fee will be charged to the credit card on file each successful winning bid, this fee is final whether you pay for the vehicle or not from the seller. NON-PAYMENT of winning bids will result in the banning of auction and buying privileges.
• The pickup deposit if required may vary by seller facility. Please check information for each seller auction. The winning bidder/buyer will receive an invoice regarding the winning bid, pertinent information and important information regarding the seller.
• Seller facility is responsible for collecting all their fees and sales price of the winning bid.
• Pick up time may vary by seller facility. Please check information for each auction.
• Sales tax may be collected at the facility unless verification of exemption is provided, some sellers do not accept any type of exemption/s, please as a buyer know the seller’s policy before bidding. PLEASE NOTE: If the buyer does not follow the terms and conditions of each seller that they have won an auction with the buyer will be banned forever and lose the fee/s paid to TOW AUCTIONS.
• All vehicles are subject to cancellation by the selling facility without notice before the auction ends; sellers cannot cancel a vehicle after the winning bid has been completed. Selling Facility cannot advertise, list any open auction with Tow Auctions simultaneously with any other source. When a seller lists a vehicle that vehicle is listed only with Tow Auctions at the time and will be made available for the buyer uon a successful winning bid.
• Bidders are Liable for their winning bids and associated premiums, taxes, & fees regardless of whether they claim the vehicle(s). You win you pay or you are banned.
• Your credit card may be charged and validity of membership. There may be a one-time small refundable charge for validation.
• Violation of any terms may prevent you from using the Tow Auctions services, whether a buyer or a seller it is important that there is a good understanding that either party shall act in a responsible and professional manner.

Welcome to TowAuctions.com online public sale website (the “Site”). Anylegitimate person who wishes to access the website to participate in the bidding and/or buying of goods from listed sellers on the Site must accept the terms and conditions of this Bidder/Buyer Agreement (“Agreement”), without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Domain Names Inc. DBA TowAuctions.com (hereinafter “Tow Auctions” or “TowAuctions.com” or we) reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time athttp://www.towauctions.com YOUR CONTINUED USE OF THIS SITE AND THE SERVICES, FOLLOWING TOW AUCTIONS POSTING OF ANY CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. Sales.

Public sales (“Sales”) are of Unit(s) at Seller facilities being sold for non-payment of rent pursuant to the Seller lien law of the state where the facility is located, abandoned property, private sales, or charity units.

1. Disclosed Agent.

TowAuctions.com is a disclosed agent for the Seller facility that is selling the property listed for sale exclusively on Tow Auctions. As such Tow Auctions is a conduit for the sale only. Tow Auctions is not a party to the sale.

1. Bidding Rules.

The following list includes the rules for the sale. These rules are in addition to the other Terms and Conditions which are provided in this Agreement and any rules of sale as provided by the facility selling the listed vehicles

1. All participants must be 18 years or older
2. Tow Auctions reserves the right to increase the online bidding administration fee at any time, without prior notice, by amending these terms posted here.Tow Auctions will charge the successful bidder’s credit card on file a buyers fee .Tow Auctions shall never collect monies, fees; costs etc. for a seller, all costs regarding the vehicle sale of a successful seller will be collected by the seller and paid by the winning bidder buyer. Alternatively, the Seller facility may collect a deposit when the successful bidder within a specified time to validate the buyer has full intentions of vehicle pickup within the outlined time, typically three days. The amount collected for a deposit if applied will be applied to balance upon pickup OR refundable. Please see selling facility TERMS and CONDITIONS to clarify. The bidder will pay the Seller facility directly for the vehicle(s), according to the Seller facility’s terms.
3. The successful bidder will have specified pick up time (typically 3 days) from notification that the bid has been accepted to pay for and pick up the vehicle during the seller’s facility’s office hours. Access to unit(s) will not be granted typically until the bidder has paid in full, including any deposit(s) if the seller facility elects to collect them. The winning bidder buyer does not have the option to preview the vehicle after the sale and decide whether they will buy and take procession of the vehicle they have won. The vehicle is considered the actual buyer after the winning bid has been recorded. Should the bidder fail to pick up the vehicle within the specified time the winning bid amount, the buyer shall default the internet premium, any applicable deposits collected from the seller facility may be charged. If the successful bidder pays for the unit in full but fails to completely remove any and all of the vehicle from the sellers facility and a deposit has been charged the buyer may forfeit the deposit.
4. Where applicable, the Seller facility may collect applicable sales tax on the sales price for all sales unless the successful bidder provides documentation that bidder is exempt from sales tax or your state does not have a sales tax. The seller will abide with all state and federal laws in the collection of sales tax. It is also at the option whether to or not accept any documentation presented to the sales facility to waive tax payment.
5. A sale is not deemed “final” until all money due is paid by the high bidder to TOW AUCTIONS labeled the BUYERS FEE typically 24 hours within the at the auction end and full payment to seller’s facility and all property is removed from the sellers location where the vehicle resides by the high bidder or an agreement is executed for the delay of the removal of the vehicle typically due to shipping (discretion of seller facility). Bidder understands and agrees that the owner/seller facility of the vehicle must sell and make available the listed vehicle for payment and pick up within their agreed TERMS AND CONDITIONS of TOW AUCTIONS and their individual TERMS AND CONDITIONS and upon a successful accepted high bid the sale is considered final. Therefore, the successful bidder is guaranteed and able to pay for the vehicle if high bidder of an accepted bid and take possession of the vehicle within the TERMS AND CONDITIONS outlined…

The facility does not accept any liability on vehicles purchased at the time of the sale. All vehicles are purchased in an “AS-IS” condition. No guarantees or warranties of any type or kind are expressed or implied with the purchase of any item. ALL SALES ARE FINAL! The bidder will pay the Seller facility directly for the vehicle, according to the Seller facility’s terms.

1. Bids are in increments.
2. Bids can only be made, and will only be accepted, during the specified time period as outlined on each and every auction listed on tow auctions. The online collection of bids shall not cease until the listed end of the auction.
3. The Auction Seller page specifies specific terms and conditions regarding the sale, payment and other information regarding the specific sale.
4. By creating a Tow Auctions account to allows tow auction to collect their fee upon any successful auction.
5. If the winning bidder breaches the terms of this Agreement the back bidder with the second highest bid may be contacted to purchase the unit(s) or simply the vehicle will be relisted. This is typically at the choice of the sellers’ facility.
6. All auctions are considered USA and this determines currency required will be is (US) dollars. If an auction unit is in Canada, will be payable in United States (USD) currency.

1. TowAuctions.com Payments.

Tow Auctions currently accepts credit card/debit card payments for the payment of the bidder’s fees. Tow Auctions honors currently PayPal payment methods. You warrant when placing a bid that you can make full payment for the vehicle(s) chosen, if your bid becomes the winning bid, including premiums, sales tax and applicable deposits. If you are not able to make full payment for any reason, including without limitation insufficient funds, Tow Auctions may in its sole and absolute discretion cancel your bid. In such case, Tow Auctions may in its sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Tow Auctions’ sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined. The next card on file will be charged if your order declines. The only fees that TOW AUCTIONS collect regarding the auction sale of a vehicle is the BUYERS PREMIUM and the buyer acknowledges that all other fees are paid to the seller’s facility within all TERMS AND CONDITIONS.

1. Tow Auctions Reservation of Rights.

Tow Auctions retains the right, but does not have the obligation, to immediately halt any auction or sale, prevent or restrict access to the Site or the Services or take any other actions, in case of technical problems, inaccurate listings, typographical errors in a fixed price or auction listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Tow Auctions, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies.

1. Password Security.

Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.

1. Illegal Activity Compliance with Laws; Fraud.

The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant’s password(s).Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Tow Auctions will cooperate to ensure that violators are prosecuted fully under the law.

1. Breach.

Without limiting other remedies, Tow Auctions may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Tow Auctions or any Certified Merchant is unable to verify or authenticate any information you provide to Tow Auctions; or (c) if Tow Auctions believes that your actions may cause legal liability for you, other Tow Auctions users or Tow Auctions. Additionally, independent of this Agreement, storage facilities reserve the right to prevent you from participating in their auctions. Nonpayment within time restrictions of a vehicle where the buyer is the high bidder will result in the banning of the buyer from all activity on http://www.towauctions.com and loss of any deposits paid on behalf of the forfeited vehicle. Seller facilities also have the obligation to complete all auction as outlined here on tow auctions website. Also sellers are required to list the vehicle as accurately as they are aware of. Misrepresentation is considered a breach and the banning of the seller facility is at full discretion of tow auctions.

1. Privacy, Monitoring and Disclosure.

Tow Auctions is committed to protecting your privacy. Please check our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Tow Auctions may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Tow Auctions except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

1. Disclosure of Information.

1. As permitted by applicable law, Tow Auctions also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Tow Auctions’ systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Tow Auctions’ business and systems or other purposes deemed reasonable by Tow Auctions, Tow Auctions may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

1. No Warranties.

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. BUYERS AND SELLER FACILTYS USE OF AND RELIANCE THEREON ARE AT BUYERS AND SELLER FACILTYS OWN AND SOLE RISK. TOW AUCTIONS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR THEDUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT CERTIFIED MERCHANTS WILL PERFORM AS THEMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TOW AUCTIONS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOW AUCTIONS DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM TOW AUCTIONS OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

1. General Release.

BECAUSE TOW AUCTIONS, DOMAIN NAMES INC., IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLER FACILITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE TOW AUCTIONS (AND ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY TOW AUCTIONS.

1. Limitation of Liability.

TOW AUCTIONS DOMAIN NAMES INC., WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

1. Indemnity.

BUYERS AND SELLER FACILTYS AGREE TO DEFEND, INDEMNIFY AND HOLD TOW AUCTIONS DOMAIN NAMES INC.AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY THEPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

1. Applicable Law.

The laws of the State of WYOMING govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

1. Arbitration.

YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR 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 ARIZONA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION.

1. Licenses.

TowAuctions.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.

1. Termination.

Tow Auctions, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.

1. General Provisions

Entire Agreement

This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third-Party Beneficiary.

Tow Auctions is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Tow Auctions, its Certified Merchants and you.

Severability.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver.

Tow Auctions failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Tow Auctions’ right to subsequently enforce such provision or any other provisions of this Agreement.

Online Units: Tow Auctions Seller Facility Agreement

This Agreement (“Agreement”) between TOW AUCTIONS, LLC (“Company”) AND each separate Seller facilityauctioning business online (“Seller”) is as follows:
WHEREAS, Company offers an online service for the collection of bids (“Service”) for its paid and current “Corporate” seller facility members to hold public sales of foreclosed Seller units; and WHEREAS, Seller shall authorize vehicles to be listed through the Service; and
WHEREAS, the Seller shall specify their auction terms, such as additional time allowed for pick up and any reserves/minimum bids on vehicle(s), in addition to terms and conditions of Company’s “Bidder/Buyer Agreement”; and WHEREAS, Company will collect bids from registered “Buyers” for the vehicle(s); andWHEREAS, the Seller may accept the highest bid and thereafter the buyer with the highest bid (“Buyer”) shall pay the Seller directly, at the Seller facility, the amount of the Buyer’s accepted online bid(s) in exchange for the vehicle(s); and
WHEREAS, the Buyer shall pay Tow Auctions directly for an online bidding administration buyers fee; WHEREAS, the Seller shall be responsible for the payment of any applicable sales tax and agrees to timely pay such sales tax; andWHEREAS, the Seller and Buyer will make arrangements directly for the pick-up or delivery of the vehicle(s), tow auctions has no involvement in the payment  process of the vehicle and/or pickup shipping arrangements.
THEREFORE, the Seller agrees, subject to the terms and conditions stated above and below, to utilize this Service. Use of the Service constitutes acceptance of such terms as well as the TowAuctions.com Terms of Use consented to by creating a TowAuctions.com, Domain Names Inc., account or upon payment for the Corporate Account.

1. Legality of the Online Collection of Bids for the Sale of vehicle(s)

The Seller understands and agrees that by hosting this Service, Company does not represent or warrant the legality of the online collection of bids for Seller units. The Company’s provision of the Service does not constitute legal advice regarding the use of the Service within the Seller’s state. The Seller understands that they are responsible for consulting with their own legal counsel regarding the Seller’s use of this Service. The Seller understands that in order to legally collect bids online, the Seller must adjust their lien procedures accordingly, particularly in regards to the legal notice for the Seller’s auction. The Seller agrees to seek legal advice regarding the necessary modifications to their current procedures, forms, letters, and notices.

TowAuctions.com is a disclosed agent for the Seller facility that is selling the Property listed for sale. As such Tow Auctions is a conduit for the sale only. Tow Auctions is NOT a party to the sale.

1. The Seller’s Obligations in Listing the Unit(s)

The Seller confirms that the Seller has complied with all state laws with regard to the liened vehicles the Seller lists on the Service, including but not limited to the lien Procedure, the inventory of seller’s facility vehicles, notices to the previous owner, public advertisement if needed and procession of legal transfer documents such as the title of the vehicles listed and the disposition of property.

The Seller agrees to clearly specify if any the known condition of the vehicle and up to without any speculation on condition or misrepresentation of condition. The Seller agrees not to stage any vehicles in better than actual condition. This does not mean that a vehicle(s) cannot be enhanced but if done so needs to be acknowledged in the auction page so the buyer has accurate representation.

The Seller confirms that all information supplied regarding the Seller’s identity is true and accurate. In the event the Seller Provides false or misleading information regarding the vehicle(s), or the liened status of the vehicle (not clear title to transfer to buyer), the Seller shall be liable for all costs in relation to any legitimate dispute raised by the Buyer.

The Seller further confirms it is properly authorized to sell the vehicle(s) and that it is able to transfer full ownership of the property to the Buyer free from any other claim.

1. The Description of the Unit(s)

The Seller remains solely responsible for any statements which the Seller makes about the vehicle(s), the lienedstatus, or any description, including but not limited to references as to its ownership, origin, date, age, value, or authenticity. The Seller must satisfy itself that the information listed online regarding all vehicle(s), are true and accurate. TOW AUCTIONS has absolute discretion to refuse to list any personal Property or vehicle(s) for any reason.

1. Terms of the Seller’s Sale to the Buyer

This Service is solely for the online collection of bids, in order to make SELLER FACILITY held at Seller facilities more widely accessible to the public while minimizing the inconvenience to the seller facility. Therefore, all terms that do not need to be established by the Company for the proper functioning of TOW AUCTIONS, shall be left to the Seller to delineate with the Buyers or to negotiate with the Buyer. For example, the terms and conditions outlined by the company as well as TOW AUCTIONS does clarify most terms and conditions required of the Seller to the buyer. The vehicles listed on Towingauctions.com are exclusively listed while available for any buyers and are not listed for sale anywhere else during this time.

1. Online Bidding

Seller agrees thatTOW AUCTIONS cannot guarantee a Buyer’s commitment or ability to pay especially because the TOW AUCTIONS cannot know in advance the amount the Buyer will bid. The Company is not liable to the Seller if a Buyer cannot pay the amount due or does not contact the Seller to make payment. The Seller however may establish a reserve/minimum bid at their sole discretion. TOW AUCTIONS has a zero tolerance policy for non-payment by the buyer and upon notice from the seller facility this has occurred the buyer will be banned forever from buying on TOW AUCTIONS and its subsidiary websites. Effectively placing the buyer/bidder on a BLOCK LIST.

The Seller is obligated to accept any bids that reach the minimum amount and reserve if applicable. However, when the Seller accepts a bid on a vehicle, the Seller must accept the highest bid made on that vehicle in order to comply with state law. Failure of the Seller to abide all terms and conditions of TOW AUCTIONS which includes not allowing a buyer, high bidder to pay for and take delivery of a vehicle they have won within the guidelines of all terms and conditions of TOW AUCTIONS and the Seller Facility may result in the seller facility being blocked and not being able to list vehicles on towauctions.com and any subsidiary.

1. Commencement and Cancellation of collection of online bids

The Seller acknowledges that TOW AUCTIONS will commence supplying its Services to the Seller Facilitywhen the Seller Facility consents to this Agreement and registers with the website. The Seller consents to this Agreement either by utilizing TOW AUCTIONS service, indicating acceptance to these terms when utilizing Company’s Service. The Seller Facility may cancel the online collection of bids for any Unit(s) the Seller has listed through the Service, free of charge. Online bidding commences when bidding is possible, regardless of whether a bid is ever made on a vehicle. After online bidding has commenced, if any bid is collected, the Seller Facility must comply with the terms of Paragraph Seven (7) if the Seller does not want to sell the vehicle(s) to the Buyer. The Seller may cancel the online collection of bids for any vehicle(s) the Seller has listed through the Service until the final bid. After the final bid should it reac BUYERS AND SELLER FACILTYS not be cancelled and the vehicle needs to be delivered to the buyer with all terms and conditions. The Buyer shall be liable for all late fees and transportation, shipping fees if applicable and the buyer must adhere to all terms and conditions of the bidding process and sale of any vehicle(s). The Seller Facility must collect full payment from the Buyer before granting them access and pick up of the vehicle. If a Buyer fails to pick up vehicle within stated time whether paid for or not may result in buyer account suspension and forfeit of vehicle and monies paid.

1. The Seller’s discretion to accept or reject bids

The Seller Facility must accept the highest bid made on a vehicle(s) as long as it has reached in minimum reserve if any. The Seller Facility has discretion to reject all bids made on a vehicle and suspend or terminate the online collection of bids for the vehicle up to the maturity of the auction on vehicle(s), although a cancellation cannot be accepted after a closed auction. Sale to anyone or any entity other than the successful completion of the buyer and winning bidder of the vehicle listed on towauctions.com will lead to possible revocation of all seller facility activity with towauctions.com

If the Seller fails to contact the Company within 24 hours before auction end of the rejection of Buyer’s bid, then the Seller shall be liable to the Buyer for the amount of the online auction administration buyers fee and potential banning from website activities.

A Buyer defaults if they fail to contact the Seller Facility within the time set forth in the Bidder/Buyer Agreement and Terms and Conditions, fail to make full payment of the bid amount and sales tax if applicable and all associated costs within said period, or fail to collect the vehicle(s) within said period of time. If this occurs the buyer/bidder will be banned.

1. The Seller’s Obligations in delivery of the vehicle(s)

Tow Auctions specifies in the Buyer’s terms, that Buyer shall have 72 hours (typically unless other terms stated) to pay for and pickup/ship vehicle(s). The Seller must offer at least 72 hours (typically) to pick up and pay for buyers vehicle(s). However, the Seller is free to establish their own deadline, beyond 72 hours (must be clearly outlined in their Sellers Facility Terms and Conditions), for the Buyers to acquire their vehicle(s).

The Seller agrees to make the vehicle(s) available for collection within the time of 72 hours (typically) provided in the Bidder/Buyers Agreement. It is the responsibility of the Seller to ensure the vehicle(s) is available and made easily accessible within that time period or the Seller will be liable for any costs incurred by the Buyer and/or the Company.

Where the vehicle(s) requires delivery by the Seller, unless otherwise agreed in writing, the Seller will make delivery of the vehicle(s) within a reasonable agreed time from the date of the acceptance of the bid. It is the responsibility of the Seller to communicate with the Buyer over delivery arrangements and additional costs if any, and to ensure the vehicle(s) is delivered to the shipper intact, and per the original listing description.

1. Seller’s Rights

The Seller has discretion (subject to Paragraph Seven (7)) to refuse bids. The Seller acknowledges that they are responsible for logging into their account to check this information and that Company is not obligated to contact high bidder/buyer but encouraged to do so with this or any other information.

1. Company’s Rights

Seller acknowledges that Company has the right to prevent the collection of bids from persons that are unqualified to pay for a vehicle or otherwise unfit to use the Service in the Company’s sole discretion. The Company has the right to require a minimum number of bidders to register or participate in any auction in order for the auction to commence. Company shall be the sole arbitrator in any dispute between Seller and bidders and its decision shall be final and binding on all concerned.

Tow Auctions retains the right, but does not have the obligation, to immediately halt any auction or sale, prevent or restrict access to the Site or the Services, or take any other actions, in case of technical problems, inaccurate listings, typographical errors in a fixed price or auction listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Tow Auctions, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies.

1. The Buyer

The Company does not act on behalf of the Buyer. The Company cannot guarantee the existence of, or bids made by, a Buyer or other bidders and are not responsible for anything they do or say including but not limited to comments concerning any vehicle(s), or the Seller’s facility or auctions generally, or any breach of the rules of the Service or Company.

1. Personal Data

The Company shall use the personal information supplied regarding the Seller to provide the services as requested. The Company will not publish the Seller’s personal information or pass it to any third party unrelated to the collection of online bids unless required to do so (e.g. in the event of dispute, or by law). Please see Privacy Policy.

1. Social Media

Tow Auctions may enable social media commenting features and social sharing functionality in conjunction with the Service. The Seller’s use of the Service constitutes acceptance of such features and functionality. The Seller agrees to hold the Company harmless for any damages caused by others via Social Media, including but not limited to damages arising from defamation.

1. Fees for the Online Collection of Bids

On each Unit(s) sold, SELLER shall pay the Company ZERO premium or SELLERS FEE of any kind for the online collection of bids, based on each vehicle(s) high bid. SELLERS PAY NO FEES with TOW AUCTIONS. Cancellation fees shall be imposed pursuant to Paragraph 6.

1. Warranties seller ACKNOWLEDGES AND AGREES THAT COMPANY, ITS AGENTS AND AFFILIATES, ACT ONLY AS A PASSIVE CONDUIT FOR THE DISSEMINATION AND PUBLICATION OF THE CONTENT AND HAVE NO CONTROL OVER THE IDENTITY, QUALITY, OR ABILITY OF BUYERS TO COMPLETE A TRANSACTION AND ASSUMES NO LIABILITY FOR SUCH.

COMPANY REPRESENTS AND WARRANTS THAT THE WEBSITE WILL MEET SELLER’S REQUIREMENTS BUT DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE INCLUDING, BUT NOT LIMITED TO, THE INTERACTION (OR FAILURE TO INTERACT THEPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY COMPANY OR ANY THIRD PARTY.

1. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS THEFTS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COST, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, OR NEGLIGENCE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO SELLER FOR ANY OR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY SELLER FOR THE USE OF THE SOFTWARE OR SERVICES FOR THE PARTICULAR FACILITY THAT SUFFERED DAMAGES. THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

1. Release

If Seller has a dispute with one or more bidders/Buyers, Seller releases the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

1. Indemnification

Seller agrees to indemnify, hold harmless and defend Company, its affiliates, and its agents, owners, and employees, and any Buyer of any item offered for sale by Seller against any and all claims, actions, damages, losses, liabilities and expenses (including any reasonable attorney’s fees for counsel of Company’s choice, including any in-house counsel) arising out of, relating to, or resulting from any and all: (i) claims of ownership or right to possession of any of the personal Property offered or sold by Seller or; (ii) any alleged breach by Seller of any covenant, obligation, representation or warranty set forth in this Agreement or required to be given under this Agreement; (iii) rescission claim made by any Buyer; or (iv) claims in connection with the Information Provided by Seller.

1. Miscellaneous

Dispute Resolution. Any disputes arising under this Agreement are to be documented in writing and delivered to COMPANY or to SELLER and all parties shall then use their best efforts to resolve such disputes in good faith and in a timely manner.

The Governing Law and Venue for Resolution of Disputes. This Agreement shall be governed by the laws of California, and any and all claims arising under this Agreement shall be brought before a court of competent jurisdiction within State of California. This shall be the exclusive venue for any disputes arising among the parties to this Agreement and all parties agree to submit to personal jurisdiction in State of California for the resolution of any disputes arising under this Agreement.

Severability. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Assignment. Both SELLER and COMPANY agree not to assign or transfer its rights or obligations under this Agreement to any non-party without the prior written consent of the other. Any attempted assignment or transfer in violation of the foregoing shall be null and void and unenforceable. Notwithstanding the foregoing, SELLER shall have the right, without obtaining the prior written consent of COMPANY to assign or transfer any of its rights or obligations under this Agreement to any entity, affiliate or assign that is owned, in whole or in part, by SELLER. Excluded from this clause is the assignment by SELLER, in part or in full, to any parties which have materially conflicting business interests with COMPANY.

Force Majeure. Except as otherwise Provided, if performance hereunder (other than payment) is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of a party, the party so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such prevention, restriction or interference.

Independent Contractors. The parties to this Agreement are considered to be independent of one another and by virtue of this Agreement there is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship which has been or may be deemed to have been created.

Notice. Any notices hereunder will be given to the appropriate party at the address specified above or at such other address as the party will specify in writing. Notice will be deemed given: (i) upon personal delivery; (ii) if sent by fax, upon confirmation of receipt; (iii) if sent by a overnight courier, upon confirmation of delivery by the courier; (iv) if by mail, then three (3) days after deposit of certified mail; and if Provided by e-mail.

Entire Agreement. This Agreement, including all the Schedules, exhibits and other documents attached hereto or incorporated by reference herein, sets forth the entire understanding and agreement of the parties, and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter of the Agreement. In the event of an inconsistency between any other documents which is part of this Agreement, the terms of this Agreement will govern. This Agreement may be modified by Company at any time by updating it online. This Agreement and any subsequent modified versions can be found at: http://www.TowAuctions.com/info/terms. The Seller acknowledges that they alone are responsible for checking this Agreement prior to utilizing the Service, and for contacting Company to see if the Agreement has been modified.

Waiver. Any waiver of a breach of any provision of this Agreement must be evidenced in writing and will not operate or be interpreted as a waiver of any other or subsequent breach.

General Terms:

Please carefully select the information you post on TowAuctions.com and that you provide to other Users. Your TowAuctions.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information Provided by other TowAuctions.com Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TowAuctions.com assumes no responsibility or liability for this material. If you become aware of misuse of the Tow Auctions Services by any person(s) or company or entity, please contact Tow Auctions or click on the “Contact Us” link at the bottom of a TowAuctions.com page.

TowAuctions.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by any entity that has access to the website, or to restrict, suspend, or terminate your access to all or any part of the Tow Auctions Services at any time, for any or no reason, with or without prior notice, and without liability. Tow Auctions expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Tow Auctions Services if Tow Auctions determines, in its sole discretion, that you pose a threat to Tow Auctions and/or its Users.

1. Eligibility. Use of and Membership in the Tow Auctions Services is void where prohibited. By using Tow Auctions Services, you represent and warrant that (a) all registration information you submit is truthful and accurate and pertains to on-site storage auctions (not online auctions); (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Tow Auctions Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age, or for any other reason at Tow Auctions sole discretion.
2. Term. This Agreement shall remain in full force and effect while you use the Tow Auctions Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. TowAuctions.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including but not limited to sections 5-17.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time, or to disclose your password to any third party. You agree to notify TowAuctions.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members. The Tow Auctions Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TowAuctions.com. Illegal and/or unauthorized use of the Tow Auctions Services is prohibited. Illegal and/or authorized use of Tow Auctions Services include but are not limited to: collecting auction dates or unit counts, by electronic or other means, for commercial or competitive purposes, regardless of whether for profit or non-profit purposes; collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email; unauthorized framing of or linking to the Tow Auctions Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the Tow Auctions Services.
5. Proprietary Rights in Content on TowAuctions.com.
   1. TowAuctions.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Tow Auctions Services. After posting your Content to the Tow Auctions Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Tow Auctions Services, you hereby grant to TowAuctions.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Tow Auctions Services. Without this license, TowAuctions.com would be unable to provide the Tow Auctions Services. For example, without the right to modify Member Content, TowAuctions.com would not be able to format Content to satisfy technical requirements. The license you grant to TowAuctions.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to TowAuctions.com), fully-paid and royalty-free (meaning that TowAuctions.com is not required to pay you for the use on the Tow Auctions Services of the Content that you post), sub licensable (so that TowAuctions.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Tow Auctions Services), and worldwide (because the Internet and the Tow Auctions Services are global in reach). This license will terminate at the time you remove your Content from the Tow Auctions Services. The license does not grant TowAuctions.com the right to sell your Content, nor does the license grant TowAuctions.com the right to distribute your Content outside of the Tow Auctions Services.
   2. You represent and warrant that: (i) you own the Content posted by you on or through the Tow Auctions Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tow Auctions Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Tow Auctions Services.
   3. The Tow Auctions Services contain Content of TowAuctions.com (“TowAuctions.com Content”). TowAuctions.com Content is protected by copyright, trademark, patent, trade secret and other laws, and TowAuctions.com owns and retains all rights in the TowAuctions.com Content and the Tow Auctions Services. TowAuctions.com hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the TowAuctions.com Content (excluding any software code) solely for your personal use in connection with viewing the Tow Auctions Website and using the Tow Auctions Services.
   4. The Tow Auctions Services contain Content of Users and other TowAuctions.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Tow Auctions Services.
6. Content Posted.
   1. TowAuctions.com may delete any Content that in the sole judgment of TowAuctions.com website and TQW AUCTIONS violates this Agreement or which may be offensive, illegal or violate the rights, create a breach of this agreement, harm, or threaten the safety of any person. TowAuctions.com assumes no responsibility for monitoring the Tow Auctions Services for inappropriate Content or conduct. If at any time TowAuctions.com chooses, in its sole discretion, to monitor the Tow Auctions Services, TowAuctions.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the Tow Auctions Services, and any material or information that you transmit to other Members, and for your interactions with other Users. TowAuctions.com does not endorse and has no control over the Content. Content is not reviewed by TowAuctions.com prior to posting and may not reflect the opinions or policies of TowAuctions.com. TowAuctions.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
   3. Use of the Public Notice PDF/email tool requires consent, to the inclusion on the Public Notice PDF/email, of a statement to the effect that more information is available at TowAuctions.com. Use of the Public Notice PDF constitutes consent to the inclusion of such a statement.
7. Content/Activity prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tow Auctions Services. TowAuctions.com reserves the right to investigate and take appropriate legal action against anyone who, in TowAuctions.com’s sole discretion, violates this provision, including without limitation, reporting offenders to law enforcement, removing the offending communication from the Tow Auctions Services and terminating the Membership of such violators. prohibited Content includes, but is not limited to Content that, in the sole discretion of TowAuctions.com:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone
6. Provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”.
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or Provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. Advertising to, or solicitation of, any Member to buy or sell any products or services through the Tow Auctions Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Tow Auctions Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, TowAuctions.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TowAuctions.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Tow Auctions Services, you acknowledge that you will have caused substantial harm to TowAuctions.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TowAuctions.com $1000 for each such unsolicited email or other unsolicited communication you send through the Tow Auctions Services;
18. covering or obscuring the banner advertisements on your personal profile page, or any TowAuctions.com page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Tow Auctions Services or the networks or services connected to the Tow Auctions Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your Tow Auctions Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the Tow Auctions Services in order to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Tow Auctions Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
27. using the Tow Auctions Services in a manner inconsistent with any and all applicable laws and regulations.
28. listing online storage auctions; only on-site storage auctions may be listed so that auction bidders are not inconvenienced by driving to facilities only to discover the auctions are online only.

1. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TowAuctions.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon TowAuctions.com’s receipt of proper notification by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Tow Auctions Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tow Auctions Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. TowAuctions.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, TowAuctions.com,please email for mailing address; Attn: Copyright Agent; and email: contact@TowAuctions.com.
2. Member Disputes. You are solely responsible for your interactions with other TowAuctions.com Members that buy from or interact with you. TowAuctions.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
3. Privacy. Use of the Tow Auctions Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. The Privacy Policy can be accessed here.
4. Disclaimers. TowAuctions.com is not responsible for ensuring legal compliance with state lien laws or state Seller acts or any other laws. TowAuctions.com does not guarantee compliance with such laws or provide legal advice. TowAuctions.com is not a substitute for an attorney. TowAuctions.com is not responsible for any incorrect or inaccurate Content posted on the Tow Auctions Website or in connection with the Tow Auctions Services, whether caused by Users of the Tow Auctions Services or by any of the equipment or programming associated with or utilized in the Tow Auctions Services. Profiles created and posted by Members on the Tow Auctions Website may contain links to other websites. TowAuctions.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TowAuctions.com. Inclusion of any linked website on the Tow Auctions Services does not imply approval or endorsement of the linked website by TowAuctions.com. When you access these third-party sites, you do so at your own risk. TowAuctions.com takes no responsibility for third party advertisements, which are posted on this Tow Auctions Website or through the Tow Auctions Services, nor does it take any responsibility for the goods or services provided by its advertisers. TowAuctions.com is not responsible for the conduct, whether online or offline, of any User of the Tow Auctions Services. TowAuctions.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TowAuctions.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tow Auctions Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Tow Auctions Services. Under no circumstances shall TowAuctions.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Tow Auctions Services, attendance at a TowAuctions.com event, from any Content posted on or through the Tow Auctions Services, or from the conduct of any Users of the Tow Auctions Services, whether online or offline. The Tow Auctions Services are provided “AS-IS” and as available. TowAuctions.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TowAuctions.com cannot guarantee and does not promise any specific results from use of the Tow Auctions Services.
   The Seller Legal Network (SSLN) does not provide legal services. The Seller Legal Network (“SSLN”) is not a law firm but independent legal information consulting firm and not a part of the Seller Association (Association) or Tow Auctions. As such, no information or advice is given as part of the ordinary membership benefits of the Association or Tow Auctions, nor is it given on behalf of the Association or Tow Auctions. The SSLN does not serve as an attorney for Association or Tow Auctions members who subscribe to their respective services. The information is provided by experienced licensed attorneys. The SSLN cannot offer advice on disputes between operators who are subscribers, nor can the SSLN represent any subscriber in a lawsuit, or engage in any communication with any person or firm with whom a subscriber may have a dispute. The undersigned acknowledge that an attorney/client relationship is not created between the SSLN and its subscribers or subscribers to Tow Auctions services. The information or advice offered by the SSLN to any inquiring subscriber is based upon the description of the problem offered at the time, and there may be facts or aspects of the problem which are not known, or not adequately communicated by the inquiring subscriber at the time advice is sought. The advice given is intended to be pragmatic and preventative in nature, and based upon the best judgment and experience of the SSLN attorney responding to the inquiry. The subscriber should always follow up with an inquiry to his or her lawyer in the event that further complications or disputes are expected. The SSLN is not a substitute for your lawyer’s advice or representation, and no advice given should be taken as overruling any advice given by your lawyer. In the event of any perceived discrepancy or conflict in the advice given by the SSLN and any advice given by your lawyer, you should consult further with your lawyer to arrive at a definitive course of action. Your own lawyer must always have the last word on how to proceed.
5. Limitation on Liability. IN NO EVENT SHALL TOWAUCTIONS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST THEFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TOWAUCTIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOWAUCTIONS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOWAUCTIONS.COM FOR THE TOW AUCTIONS SERVICES DURING THE TERM OF MEMBERSHIP.
6. U.S. Export Controls. Software available in connection with the Tow Auctions Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Tow Auctions Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
7. Disputes. If there is any dispute about or involving the Tow Auctions Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either TowAuctions.com or you may demand that any dispute about or involving the Tow Auctions Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, Provided that the foregoing shall not prevent TowAuctions.com from seeking injunctive relief in a court of competent jurisdiction.
8. Indemnity. You agree to indemnify and hold TowAuctions.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Tow Auctions Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tow Auctions Website or through the Tow Auctions Services causes TowAuctions.com to be liable to another.
9. TOW AUCTIONS shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
10. Acceptance. This Agreement is accepted upon your use of the Tow Auctions Website or any of the Tow Auctions Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TowAuctions.com regarding the use of the Tow Auctions Services. The failure of TowAuctions.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
11. Transactional Emails Tow Auctions may communicate with their members via transactional emails that do not contain an unsubscribe link. Such transactional emails include, but are not limited to, a welcome email, an invitation to join our Facebook page, a reminder about our Facebook page, and a reminder to login when a member has not done so for fifteen (15) days. An account should not be created unless the User agrees to receive these emails. A member who does not want to receive such emails can cancel their account at any time.