You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TOWLOT.COM , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TOWLOT.COM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TOWLOT.COM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;



2. harm minors in any way;



3. impersonate any person or entity, including, but not limited to, a TOWLOT.COM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;



4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;



5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);



6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;



7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);



8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;



9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;



10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;



11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;



12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;



13. "stalk" or otherwise harass another; or



14. Collect or store personal data about other users.

You acknowledge that TOWLOT.COM may or may not pre-screen Content, but that TOWLOT.COM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TOWLOT.COM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TOWLOT.COM or submitted to TOWLOT.COM , including without limitation information in TOWLOT.COM Message Boards, and in all other parts of the Service.

You acknowledge, consent and agree that TOWLOT.COM may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TOWLOT.COM , its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TOWLOT.COM and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TOWLOT.COM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TOWLOT.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

AGREEMENT TO TERMS
TOWLOT.COM is a service through which you may list or bid on items. Your participation in TOWLOT.COM Auctions is subject to these additional terms which supplement the TOWLOT.COM Terms of Service incorporated by reference.

In addition, by participating in TOWLOT.COM Auctions, you agree to comply with any posted guidelines and rules applicable to TOWLOT.COM Auctions, including, without limitation, the TOWLOT.COM Auctions Guidelines. All such guidelines and rules are incorporated by reference. Please note: the TOWLOT.COM Auctions Guidelines includes a description of those items that may not be listed or sold through TOWLOT.COM Auctions.

Unless otherwise expressly provided, TOWLOT.COM reserves the right to update and change, from time to time, these additional terms and all documents incorporated by reference. You can always find the most recent version of these additional terms at http://towlot.com and the most recent versions of the TOWLOT.COM Terms of Service and the TOWLOT.COM Auctions Guidelines at the URLs indicated above.

PAYMENT TERMS
Fees for listing an item are available in our help section incorporated by reference. Those fees are subject to change. When you list an item you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise stated, all fees are in U.S. Dollars. You are responsible for paying all fees associated with using TOWLOT.COM Auctions and all applicable taxes.

Please note, unless as otherwise expressly stated, all fees are non-refundable and non-creditable. You acknowledge that you will not be entitled to a refund if you do not receive any bids on your listing, if you delete your listing for any reason, or if your listing is unsuccessful, canceled or terminated.

YOUR RELEASE AND WAIVER
You understand and agree that TOWLOT.COM acts as the venue for sellers to list items and buyers to bid on items in connection with TOWLOT.COM Auctions. TOWLOT.COM is not involved in the actual transaction between buyers and sellers. TOWLOT.COM does not screen or control users who may sell or bid on auction items, nor does TOWLOT.COM review or authenticate all auction listings or items offered for sale.

Because TOWLOT.COM is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release TOWLOT.COM and its affiliates (and their respective officers, directors, 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 provides: "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."

Also, as TOWLOT.COM is acting only as a venue, TOWLOT.COM is not responsible for the collection and remittance of any federal, state or local taxes. Buyers and sellers are responsible for all tax related issues that may arise.

LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of TOWLOT.COM Auctions and your bidding on, listing of, purchase of, and sale of any and all items.

TOWLOT.COM'S RESERVATION OF RIGHTS
TOWLOT.COM expressly reserves the right to, but has no duty to, refuse, reject or remove any listing in TOWLOT.COM 's sole discretion.

You acknowledge and agree that TOWLOT.COM has the right to immediately modify, suspend or terminate any listings or your account and refuse current or future use of any TOWLOT.COM service if TOWLOT.COM , in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) have acted inconsistently with the spirit or letter of these additional terms or any document incorporated by reference, including, without limitation, the TOWLOT.COM Auctions Guidelines. Your TOWLOT.COM Auctions account may be terminated if you do not use this service at least one time during a reasonable period of time (as determined by TOWLOT.COM ) which will not be less than three months.

INVALIDITY OF SPECIFIC TERMS
If any provision of these additional terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the such documents remain in full force and effect.

LOCATION OF LAWSUIT
The TOWLOT.COM Terms of Service, which apply to your use of TOWLOT.COM Auctions, provides that both you and TOWLOT.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Johnson, Kansas.

1. Compliance with applicable laws. You may not offer for sale or sell items to any buyer in a jurisdiction where the item or terms of the sale violate applicable laws or regulations. You also may not offer for auction any item that violates TOWLOT.COM 's policies as described below in "Items that are prohibited on TOWLOT.COM ". For an overview of items not allowed on TOWLOT.COM Auctions, please refer to our Quick Reference page.



2. Clear and accurate information. You must accurately describe the item you are selling.



3. Search integrity. You may not include any language in your listing, including in the listing title, which may confuse potential buyers or cause your listing to be included in search results to which it is not responsive. For example, if you are going to describe your item by stating what it is not, you may not include this information in the listing's title.
   
4. Complete Description of Terms of Sale. You must include information in your auction listing that describes the terms of sale, including payment methods accepted, shipping methods and who will pay the costs, any additional costs associated with the item, and the applicable return or refund policy.



5. Appropriate Category. You must list your items in the most appropriate category and list each item in only one category.



6. Appropriate listing content. You may not link to, post images or other content, or include advertisements for goods or other matter that: (a) describe items that you are not selling in TOWLOT.COM Auctions, or (b) you do not have right to link to or include. You also may not include any content or images in your listing that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate.



7. Rights to and possession of items for auction. You may not offer any item for sale that you do not have the rights to sell. If you do not have possession of the item offered for sale (a pre-sale) or the item does not exist at the time of the auction, you must (a) guarantee that the item will be available for delivery within thirty (30) days of the auction closing and (b) clearly state within the item description that it is a pre-sale and the anticipated date of delivery, which must be within thirty (30) days of the close of the auction. Please also read the FTC Mail or Telephone Order Merchandise Rule.



8. Spam. You may not spam TOWLOT.COM Auctions, including: (a) posting any listings that invite users to contact the seller to conduct sales transactions outside TOWLOT.COM Auctions or otherwise advertise within a listing; or (b)sending unsolicited commercial mailings to users of TOWLOT.COM Auctions.



9. Adult-oriented materials. You may not list any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in TOWLOT.COM 's sole discretion.



10. Engage in reasonable and appropriate sales practices. You must not engage in any unreasonable and inappropriate sales practices such as requiring phone confirmation before delivering the item, offering one item for sale on your website and actually selling or delivering another ("bait and switch"), or requiring purchase of an item in addition to the one advertised on your website, as determined in TOWLOT.COM 's sole discretion.

TOWLOT.COM Auctions has limits that you should understand: TOWLOT.COM provides TOWLOT.COM Auctions as a platform for our users to connect with one another. TOWLOT.COM does not participate in, nor is it a party to, auction transactions. TOWLOT.COM does not screen or control users who may sell or bid on auction items, nor does TOWLOT.COM review or authenticate all auction listings or items offered for sale. Therefore, users of this service should be aware that:

• Sellers and buyers must be 18 years old or older.



• Sellers and buyers are completely responsible for working out the sale and exchange of goods.



• Sellers and buyers must resolve any disputes that may arise from auction transactions. It is important to use care throughout your dealings with other people in TOWLOT.COM Auctions.



• Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange, that may pertain to transactions in which they participate.



• Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in TOWLOT.COM Auctions.

1. Manipulation of service. You may not use or manipulate this service for any fraudulent activity or purpose.
   
   
2. Disruption of service or auctions. You may not disrupt other auctions in progress or the TOWLOT.COM Auctions service. For example, you may not contact bidders in an auction being run by a different seller and then offer similar items or the same item at prices below the current bid.
   
   
3. Manipulative bidding. Neither buyers or sellers, or any party acting on their behalf, may engage in manipulative bidding practices, including sellers bidding on their own auctions or bidders "bidding up" the highest bid in an auction so as to make other bidders retract their offers.
   
   
4. Non-paying bidders. You should complete any auction transaction in which you are the winning bidder. Bidders should not place bids in multiple auctions for the same items unless they intend to buy all items on which they placed bids.
   
   
5. Fraud. You may not use this service for any fraudulent purpose, including using a fraudulent payment instrument to pay TOWLOT.COM for your services, selling items on TOWLOT.COM Auctions and not delivering them to the buyer, phishing passwords or other user information, or filing false Buyer Protection Program claims, as determined in TOWLOT.COM 's sole discretion.
   
   
6. Signposts. You may not use this service as a signpost that redirects to other sites for the purpose of purchasing the item or like items
   
   
7. Excessive, unreasonable or unadvertised shipping fees and practices You must not charge excessive shipping fees or engage in any unreasonable or unadvertised shipping practices.