|Please read this information carefully before accessing or using our family of web sites ("Sites"), including www.towercom.com.
Tower Technologies, Inc. ("Tower", "we", "us" or "our") provides the information and services on these Sites to all our users ("you" or "your") subject to the terms and conditions ("Terms and Conditions") of this document. Your access to or use of the Sites is subject to and constitutes your agreement to all such Terms and Conditions. Your use of the Sites is also subject to the additional disclaimers and caveats that may appear throughout the Sites, including without limitation the terms and conditions of each auction found on the Sites, as established by the seller and indicated by a link found on the page describing the property listed for auction. If you do not agree to any of the Terms and Conditions, you may not use the Sites.
We may amend these Terms and Conditions at any time by posting the amended terms on our Sites. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access to or use of the Sites shall be deemed your acceptance of the modified Terms and Conditions.
As used in these Terms and Conditions, the term "Seller" means the owner of a property listed on our Sites, the term "Buyer" means the purchaser of a property listed on our Sites and the term "Bidder" means a Tower registered broker placing a bid for a property listed on our Sites.
- Limitations of Use - You may not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. Information on the Sites may be accessed, downloaded and printed for the purpose of facilitating real estate transactions. You may not copy, reproduce, alter, modify, distribute, license, display, publish, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from our Sites, or publicly display any content from our Sites without the prior written permission of Tower and/or the appropriate third party. You agree that you will not use our Sites in any manner that could damage, disable, overburden or impair the Sites or interfere with any other party's use of the Sites. Except with the prior written permission of Tower, you agree to refrain from accessing or attempting to access secure or non-public areas of our Sites. Individuals attempting unauthorized access to prohibited areas of the Sites may be subject to prosecution.
- Users - If and when requested by Tower, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. It is a violation of law to make bids in a false name. Also, you warrant that you or your broker will not place a bid on your behalf unless you have and, upon request, can provide sufficient evidence of the financial ability to complete the purchase of a property upon which a bid is placed. You shall comply will all applicable laws, statutes, ordinances, and regulations regarding your use of our Sites.
- Properties - The Buyer is obligated to make any examinations or property inspections before placing a bid. There are no warranties, express or implied, by Tower regarding properties listed on our Sites. The purchase of properties on the Sites is also subject to the specific terms and conditions of the Seller and/or the auction. Each Bidder is obligated to review the specific terms and conditions of the Seller and/or the auction, and such Bidder's participation in the auction constitutes an agreement to the terms and conditions of such auction.
- Auctions and the Bidding Process - Tower assumes no responsibility for equipment failure in the electronic bid transmission. We will make every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience any technical difficulties, we are not responsible for any bids that are not processed or accepted.
Submitting a false bid is a violation of law and can result in substantial personal legal risk. Tower reserves the right to monitor bid and order activity to ensure a fair process and to reject any bid or order deemed to be made in bad faith, or that may be in violation of local laws or regulations. Without limiting any other remedies, Tower may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with your use of the Sites.
- Links to Third Party Sites - The Sites may contain links to web sites operated by parties other than Tower. Such links are provided for your reference only. Tower does not control such web sites and is not responsible for their contents. Tower's inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.
- Liability Disclaimer - The Sites act as a venue for Sellers to list properties and Buyers to bid on properties. We are not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions or omissions of Buyers or Sellers.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING WITHOUT LIMITATION TOWER CONTENT, AFFILIATE CONTENT AND PUBLIC CONTENT, PROVIDED BY TOWER THROUGH THE SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOWER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION. TOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TOWER (AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, EVEN IF TOWER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
The information published on the Sites may include inaccuracies or errors. While Tower strives to keep the information on the Sites accurate, complete and up-to-date, Tower cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You are responsible for taking all precautions necessary to ensure that any content you obtain from the Sites is free of viruses or any other destructive programs or code.
- Violation of Rules and Regulations - Tower reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms and Conditions, including, without limitation, the right to block access from a particular Internet address to all or any portion of the Sites
- Indemnification - You agree to indemnify and hold harmless Tower, our officers, directors, agents, affiliates, and employees from any claim, liability, loss, demand, or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions.
- Intellectual Property - All material on the Sites are owned and copyrighted by Tower. No reproduction, distribution or transmission of copyrighted materials at the Sites is permitted without the prior written permission of Tower. The Tower.com TM logo, product and service name is a trademark owned by Tower. You agree not to display or use in any manner this trademarked material. All rights not expressly granted herein are reserved.
- Privacy - Click here to view our privacy guidelines. We may change our privacy guidelines at any time by posting the amended terms on our Sites.
- Jurisdiction - You hereby consent to the exclusive jurisdiction and venue of courts sitting in the State of California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to the use of the Sites. You waive any right you might otherwise have to a trial by jury in any dispute related to your use of the Sites.
- General - These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.