By registering as a User of this Site, you agree to the following terms and conditions:

Application

This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains this Website and http://www.asapliensales.com/ (collectively the "ASAP Lien Sales Classified Service"), referred herein as "Classifieds Service". If you object to the terms and conditions of this Agreement, please refrain from utilizing our services because this agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of the ASAP Lien Sales Classifieds Service.

Binding Effect

You are deemed to have read and accepted all of the terms and conditions contained in this User Agreement and Privacy Policy, when you became a visitor of the Classifieds Service.

Changes to this Agreement

From time to time, we may amend this Policy by posting the amend terms on our Website. New terms will be effective immediately. This agreement is effective as of August 1, 2009 and binding on all users of the Classifieds Service.

Membership

Classifieds Service is restricted to individuals that are 18 years of age or older. Individuals under the age of 18 may use the Classifieds Service only with the supervision of a parent or guardian. Users who are eligible to use the Classifieds Service are hereinafter referred to as "Eligible Users".

Market Fees and Services

Eligible Users may browse the Classifieds Service at no charge. Eligible Users who wish to post items for sale on the Classifieds Service are subject to the published fee schedule on the Classifieds Service price sheet. The Fee Schedule is incorporated herein by reference as if fully set forth herein.

Non-Involvement in Disputes

ASAP Lien Sales are vehicle brokers, however, not agents or auctioneers for the listings posted on the Classified Service. We provide software to enable individuals to conduct classified sales of vehicles in an automated and efficient manner. With regards to our substantive involvement in disputes, you should treat this service no differently than you would a printed newspaper service. We are a medium by which you may interact with and conduct transactions between Eligible Users. We will not become involved in any dispute between Eligible Users other than to determine whether to restrict access to the Website by any user engaged in apparent misconduct. ASAP Lien Sales will not resolve any disputes between Users. Users are responsible for all dispute resolution and engage in sales at their own risk. ASAP Lien sales reserves the right to facilitate resolution of disputes by providing information to interested parties upon request.

No Warranty on Items or Listings

We do not warrant the quality, appropriateness or legality of an item posted for auction or sale on this site. In addition, we do not warrant the accuracy or truth of any listing in our service. In our sole discretion, we may remove any listing from the site for any reason we deem appropriate or necessary under the law or under our guidelines of business.

Listing and Selling

By listing an item on the Classifieds Service, you are warranting that you have legal title or legal authority to sell the item contained in the listing. Listings must comply with the applicable listing rules for classified ads. The listing rules are incorporated herein by reference as if fully set forth herein. "Exception; Most vehicles listed are Lien Sale vehicles, as such, a lien sale date has been issued, however, registered owners, legal owners and interested parties have the right to claim the vehicles prior to the lien sale date. Although advertisement listings are required by law for any vehicle or vessel to be lien saled and prior to the lien sale date, lien sale vehicles may only be viewed, and cannot be sold prior to the lien sale date in order to give the appropriate time for the owners to reclaim their vehicle/vessel."

Content Compliance

By posting any text or images on our service, you warrant that:

l you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display said content that your listing contains:

l shall not violate, misappropriate or infringe any rights of the Classifieds Service or any third party;

l shall not constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party;

l is not designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;

l that your content shall not contain any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

Misconduct and Fraud

ASAP Lien Sales will not tolerate fraud in the Classifieds Service. Even the appearance of impropriety can disrupt the integrity of the Classifieds Service. Accordingly, any Eligible User we suspect of engaging in fraudulent conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) or have their account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in our general rules set forth below:

l Misrepresentation within the context of any listing, communication or transaction

l Transactional interference

l Fee avoidance

l Fraud of any type

l Breach of contract

l Harassment of Users

l Libelous communication

l Violation of any law of the United States of America or of any of its constituent states.

ASAP Lien Sales may, in its sole discretion take whatever action it deems necessary to maintain the propriety and integrity of the Classifieds Service, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO PARTICIPATE ON THIS SITE, YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME.

Outages

We do not warrant or guarantee uninterrupted access to our services, and in cases beyond our control, our site will be taken offline briefly for routine maintenance and/or backup, for periods of time we are not able to estimate. Nonetheless, we do promise to make reasonable efforts to bring our services back online as soon as possible after any planned or unplanned outage.

Limited License

To enable us to provide marketplace services to you without fear of suit for doing so, you hereby grant ASAP Lien Sales and its Classifieds Service or partners a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, publish and transmit your personal information within the limitations set forth herein. We will only use your personal information in accordance with the herein.

No Warranty

ASAP LIEN SALES AND OUR CLASSIFIEDS SERVICE OR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES AND OUR SUPPLIERS (COLLECTIVELY, "PROVIDERS") PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

IN NO EVENT SHALL PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN CONNECTION WITH THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Waiver and Release

User hereby waives and releases any and all claims, demands, causes of action or rights to sue for damages against ASAP Lien Sales and Classifieds Service or partners (including each party's officers, directors, subsidiaries, joint ventures and employees) for the actions of Eligible Users, whether or not in connection with a transaction hosted on this Website. ASAP Lien Sales hereby disclaims any and all warranty, whether express or implied, in connection with your use of this Website to perform classified ad or auction transactions. If you are a California resident, you waive any rights you may have under California Civil Code 1542, which provides that: "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."

Indemnity

You agree to indemnify and hold ASAP Lien Sales and its partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency

You and Providers are independent contractors. As such,no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly provided to the contrary, any notices to ASAP Lien Sales shall be given by postal mail to ASAP Lien Sales, PO BOX 423, Rodeo, Ca 94572.

Resolution of Disputes

All disputes between you and ASAP Lien Sales (or any of the Classifieds Service or partners) that cannot be resolved through ordinary business means, shall be resolved through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. The arbitration shall be administered by any established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that either party seeks redress in a court of competent jurisdiction, venue shall be laid in the county in which the defendant resides. By bringing an action in court, you agree to submit yourself to the personal jurisdiction of the Courts of the State of California. This Agreement shall be governed in all respects by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

ShareThis

If you choose to use Share This, please understand that this is a third party service and is not in any way affiliated with ASAP Lien Sales. Please review their privacy policy before using this service.

PRIVACY SECTION

Your privacy is paramount to us. We do not transmit, sell, rent or otherwise disseminate your personal information to third parties for any purpose without your approval.

Please take a moment to review the terms of our User Agreement and Privacy Policy. By registering with this site, you are bound by these terms and acknowledge you have read and understood them. If you have any questions, please contact us and DO NOT REGISTER. You are responsible for your own actions on this Website.

Stored Information Non-Disclosure

ASAP Lien Sales, owns and operates the marketplace service that you are using. Any personal information we collect during the course of your visits to our service ("Personal Information") is used solely to provide you the marketplace services we offer in the most efficient and effective manner. We do not use Personal Information for any purpose other than to provide you the highest quality service while you are visiting our Website. Personal Information is stored on separate secure database servers protected by firewall, IP blocks and other measures (including encryption and Secure Sockets Layers) designed to offer the highest levels of security. By providing your Personal Information, you consent to our use of same, but for the sole purpose of providing you with the services you request or authorize on the site. In addition, we may use "aggregate data" that we collect anonymously from our entire user base (e.g. the percentage of users from California) in order to generate marketing and demographic information. Nothing in this policy prohibits our use of aggregate data, provided that no information unique to any specific user is utilized without the user's specific consent.

Cookies and Other Tracking Mechanisms

In order to provide you with a seamless experience, we utilize cookie and session tracking technology, which allows you to move from page to page without having to login each time you view another page. In addition, this information allows us to pre-populate fields and in general make your browsing experience more pleasant. We do not track your browsing outside of our Website or for any other purpose than to provide you with marketplace servic

Use of Your Information by Other Users

In the ordinary course of business in our marketplace, you will be given communication access to other Users. In addition, with respect to classified ads, you will be privy to other Users' Personal Information to a limited extent. By listing with us, you understand that there are risks in providing your Personal Information to any individual with whom you have had limited or even extensive dealings. You also understand and agree that neither ASAP Lien Sales nor its marketplace network partners have any liability whatsoever for the acts of other Users in connection with their use of your Personal Information. If you are wary of other Users having access to your information upon conclusion of an auction or during the course of negotiating a sale in the classifieds section or in the auction, you should not use this service. ASAP Lien Sales and its partners offer this service as a mechanism and marketplace through which legally consenting adults may conduct business at their own risk.

By listing with this site, you agree to use other Users' Personal Information solely for the purpose of conducting transactions related to merchandise offered in our marketplace unless otherwise authorized by the User whose information you are using. Under no circumstances are you permitted to utilize User information or contact links to solicit or otherwise harass fellow Users. Under no circumstances may any User "spam" any other User. Failure to abide by this provision may result in a suspension or permanent revocation of your account.

Last update: July 15, 2009

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