THESE TERMS AND CONDITIONS NEED TO BE READ IN THEIR ENTIRETY BEFORE USING THE SITE. BY CHECKING THE TERMS AND CONDITIONS ACCEPTANCE BOX, YOU REPRESENT AND AGREE THAT: (i) YOU ARE AT LEAST 18 YEARS OF AGE AND (ii) YOU HAVE AUTOMATICALLY ACCEPTED AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, DO NOT CHECK THE TERMS AND CONDITIONS ACCEPTANCE BOX OR USE THE SITE OR DOWNLOAD ANY MATERIALS FROM IT. UNLESS OTHERWISE SPECIFICALLY AGREED TO IN WRITING BY Asset Control Division. THE FOLLOWING TERMS AND CONDITIONS SHALL AT ALL TIMES BE FOLLOWED. Overview Asset Control Division is retained by sellers to list products and services on the Asset Control Division website (the "Site"). The buyers and sellers agree that the Site only provides a service to direct buyers and sellers to each other to assist the purchase and sale of their respective products and services. Asset Control Division is committed to providing a high quality presentation "best"] of sellers offering products and services on the Site. The buyers and sellers acknowledge and agree that the quality of products and services, timely delivery, fair pricing, applicable warranties and all other purchase and sale commitments remain the sole legal responsibility of buyer and seller, as the case may be. Any terms of sale or purchase between the buyer and seller including but not limited to price, delivery period, delivery point of sale, packaging, product condition, quality, safety, conformance, legality, warranties and after sale service which are not included herein must be agreed to in writing directly between the buyer and seller. The buyer and seller must provide copies of such agreements to Asset Control Division within 24 hours of an order confirmation. The buyer and seller acknowledge and agree that Asset Control Division is not responsible for any terms and conditions of sales agreed to between the buyer and seller and that Asset Control Division is a facilitator and not a principal in purchases or sales concluded through the Site. . Amendments and Modifications Asset Control Division may, at it's sole discretion change, modify, add or remove any portion of these Terms and Conditions, in whole or in part and at any time without giving prior notice, by listing such changes on the Site. These Terms and Conditions need to be monitored by you in order to be aware of any changes. The continued use of the Site and the services offered on the Site after such changes are posted will constitute your continued agreement to any such changed terms and conditions. Pricing and Shipping Pricing of all products is FOB seller's warehouse or other place of business unless otherwise agreed. All shipping costs, including insurance, must be borne by the buyer unless otherwise agreed to in writing directly between the buyer and seller. The seller will be identified on all approved purchase orders. Specific custom shipping and handling requirements and all associated terms and conditions must be arranged off-line between the buyer and seller. The buyer should attach an e-mail message through Asset Control Division Communication Center to the registered seller (using the seller's ID address) in order to arrange the same. All prices herein quoted are exclusive of any and all sales, use and other excise taxes. All such taxes and any other taxes measured, in whole or in part, by gross receipts applicable to this transaction are to be borne by the buyer. All custom charges, export, import and other duties, tariffs, etc. are for the account of the buyer and the buyer shall pay any and all applicable charges. If the buyer claims an exemption from any of the foregoing, the buyer must furnish satisfactory proof of such exemption. There are no transaction fees charged to the buyer unless otherwise noted. Inspections and Returns Physical inspections to ascertain product values and conditions are available for a period of three business days from the time the seller notifies the buyer that buyer's offer has been accepted. The seller agrees not to process an order until after any and all required physical inspections are performed or the time for such inspections has expired, and all other terms of the transaction are agreed to. Extensions or exceptions to this case must be mutually agreed to in writing between the buyer and seller and a copy of such agreement shall be sent to Asset Control Division. The buyers and sellers will be responsible for the return of any items off-line between themselves. Fees and Circumvention By registering on or with the Site, users agree to pay all fees assessed in accordance with Asset Control Division's then existing fee structure. Sellers will notify Asset Control Division within twenty-four hours of the off-line sale of any of the listed products and upon notification, that product shall be removed from the Site. Upon sale of any product or service Seller will pay Asset Control Division all fees in accordance with Asset Control Division’s then existing fee structure with Seller. Seller acknowledges and agrees to all of Asset Control Division's trading rules and regulations listed herein, those listed on the Site, including but not limited to those identified as Transaction Rules, and/or through the sellers listing agreement. Both the buyer and seller acknowledge that Asset Control Division has made a considerable investment in both time and funds to develop and implement the Site and agree not to circumvent Asset Control Division by negotiating or concluding transactions for products or services that are or have been listed through Asset Control Division with any buyer or seller that has been introduced or established either directly or indirectly through the efforts of Asset Control Division or the Site. No Price Manipulation Sale price manipulation of any kind, directly or indirectly, by users is prohibited, including, but not limited to, use of a secondary account, agent or assign, making offers for your own account on the listed items you have provided, or by shill bidding. Incomplete Transactions In the event the transaction is terminated by either party prior to completion of the transaction, and such termination occurs within thirty (30) days of the payment of the Fee, Asset Control Division will refund to the Seller the Fee, provided however that the seller has notified Asset Control Division of such non-occurrence and the reason for such non- occurrence and that the winning bidder has confirmed in writing that the transaction was not completed. The Fee will not be refunded for any transaction terminating after thirty (30) days of the payment of the Fee. Anonymity Certain buyers and sellers consider anonymity to be of significant value during the bidding process and in the general listing and searching functionality provided openly on the Site. Accordingly, Asset Control Division provides each party with the option to participate on the Site anonymously, until such time as such information is required to complete a transaction as described above. We expect all users to honor a party's desire to remain anonymous, although we recognize that some users may elect not to place or accept bids where the other party is anonymous. Nevertheless, use of the Site, the Services, or any information gained from use thereof (including but not limited to the asset packages or the serial numbers of purchased assets) in an attempt to compromise the anonymity of other users is strictly forbidden. Listing of Assets Listings are text and graphical descriptions on the site selected by or provided by the seller. Sellers may not use an alias or third parties to place bids on sellers' own items for any reason whatsoever, including as an effort to increase bidding activity. Transaction and Warranty Risks The buyers and sellers need to be aware that there may be risks inherent in dealing with any unknown registered buyer or seller. Registration on the Site is not an indication of the creditworthiness, trustworthiness, acceptability or any other quality of any buyer or seller. Asset Control Division does not set or endorse the price, contract terms, quality, safety, conformance, legality, warranties or other conditions of the products or services, the ability of sellers to sell products or services or the ability of buyers to buy products or services. Asset Control Division can not and does not control whether or not sellers will complete the sale of items they offer or whether buyers will complete the purchase of items they have bid on. Unless otherwise agreed in writing by the buyer and seller, all products and services sold through the Site are sold "as is", "where is" and with no warranty of any kind, expressed or implied, including but not limited to: non infringement of any intellectual property, the merchantability of fitness of the products or services, or that any of the products or services will meet or comply with the requirements of any safety code or the regulation of any domestic and/or foreign governmental jurisdiction. Asset Control Division is not responsible for arrangements or lack thereof regarding documentary or warranty agreements established between the buyer and seller. Any manufacturers' warranties or documentation are not included in sales through the Site or for any and all of the listed products or services included therein. Buyers assume all risk and liability resulting from the use of the products or services sold through the Site, whether singly or in combination with other products and services. Disputes and Release of Claims In the event that a buyer and seller have a dispute with one another, Asset Control Division, its affiliates, directors, officers, employees and agents are hereby released from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, under any theory of law, arising out of or in any way connected with such disputes. If you are a resident of the State of California, you hereby agree to 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." The Site Asset Control Division reserves the right, in its sole discretion and for whatever reason, to terminate, change, suspend or discontinue any aspect of the Site or the service provided on the Site, including, but not limited to, content and technology. As a user of the Site you will be required to provide certain information profiles during the registration process and will also be provided access to similar information about Asset Control Division and other registered companies during the registration, selling, posting, offering or buying process or through messages sent through any e-mail feature. The buyers and sellers agree that all information provided shall be accurate, current and complete when provided. The buyers and sellers shall maintain and update all information as necessary to keep it accurate, current and complete. Asset Control Division's use of any information provided by buyer and seller shall be governed by its Privacy Policy as posted on the Site. The buyers and sellers hereby grant to Asset Control Division the non-exclusive, royalty-free, worldwide, perpetual right to use or sublicense the information, including any copyrights, publicity rights or any other proprietary rights contained in the information provided, in any media now known or not currently known, for any purpose in connection with the provision of these Terms and Conditions and your ongoing use of the Site. By acceptance of these Terms and Conditions you also grant to Asset Control Division the right to use your name in connection with the submitted information as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree that you shall have no recourse against Asset Control Division for any alleged or actual infringement or misappropriation of any proprietary right in the information provided except as provided herein. Sellers will remove from the Site, within twenty-four hours, all products sold off line and any services no longer being offered. The buyers and sellers acknowledge and agree that Asset Control Division may take any action with respect to the listed information as it may deem necessary or appropriate at its sole discretion, including, but not limited to, removing it from the Site. Once a completed Registration Form is approved, you will be assigned an e-mail verification number. During the registration process, you will also select a password. You are solely responsible in all respects for all use of and for protecting the confidentiality of your e-mail verification number, your e-mail address and your password. You may not share our e-mail verification number or your password with any third parties or use your e-mail verification number or password for any unauthorized purposes. You agree to notify Asset Control Division immediately of any unauthorized use of any e-mail verification number, e-mail address or password or any other breach of security regarding the service of which you have knowledge. The buyers and sellers are solely responsible for the content and context of any listed information posted through the Site and Asset Control Division is not making any representation or warranty as to the accuracy of the same. The buyers and sellers warrant and agree that, while using the Site: (i) They shall not list through the Site information, data, text, files, links, software, messages, communications or other materials that is or that Asset Control Division, at its sole discretion, considers unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable; (ii) They will not misrepresent affiliations with any other person or entity or post, upload, publish, transmit, reproduce, or distribute in any way information, software or other material obtained through the Site that is protected by copyright or other proprietary or intellectual property rights or derivative works with respect thereto or list, post, upload, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the service for purposes, other than as expressly permitted, or post, upload, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate local, state, national or foreign law, including without limitation the U.S. export laws and regulations; and (iii) They will not broadcast or transmit any bulk e-mails, solicitations, offers for sale products and services not listed through the Site, engage in spamming or use software which contains a virus, trojan horse, worms or other harmful computer programming routines or attempt to gain or assist in the unauthorized access by others to the Site. Asset Control Division has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content listed on the Site, including bulletin boards, e-mail and other forums, in order to determine compliance with these Terms and Conditions and any other operating rules that Asset Control Division may establish from time to time. Notwithstanding the above, Asset Control Division does not and cannot review all materials posted to the Site by the buyers and sellers. Asset Control Division at its sole discretion reserves the right to deem material and information objectionable or in violation of these Terms and Conditions and accordingly reserves the right at all times to edit, disclose, refuse to list or remove any material or information from the Site as may be necessary to comply with any law, regulation or government or agency request or in order to operate the Site properly or to protect itself or the buyers and sellers using the Site. Asset Control Division will make all reasonable commercial efforts to make the Site available at all times. However, Asset Control Division is not responsible for any service interruptions or the effects thereof, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of any and all transactions. You shall not interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. You shall not take any action that imposes an unreasonable or disproportionately large load on the Site. Termination If Asset Control Division, in its sole discretion, determines that a violation of these Terms and Conditions has occurred, Asset Control Division may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from the Site, cancellation of the user's account, termination of the user's right to continued listing, and/or the exclusion of any person(s) who may have violated any of these Terms and Conditions. Asset Control Division could also pursue violators with claims that they have violated various criminal and/or civil laws as applied in the relevant jurisdiction. Asset Control Division will cooperate with any investigation by any Federal, State or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to the user. If Asset Control Division believes in its sole discretion that any listing may create liability for Asset Control Division, it may take actions it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. Asset Control Division reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. Links to Other Websites and Services To the extent that this Site contains links to outside services and resources, the availability and content of which Asset Control Division does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Sales and Use Taxes The buyers and sellers acknowledge and agree that Asset Control Division does not undertake any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of the Site. The buyers and sellers acknowledge and agree that they are solely responsible for the calculation, collection and remittance of any applicable taxes that may be incurred or assessed in connection with the use of the Site. No Warranty and Limitation of Liability ASSET CONTROL DIVISION PROVIDES THE SITE AND THE SERVICES OFFERED ON THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED OF ANY KIND. EACH OF BUYER AND SELLER AGREES THAT USE OF THE SITE AND THE SERVICES OFFERED ON THE SITE IS AT EACH OF BUYER'S AND SELLER'S SOLE RISK. ASSET CONTROL DIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, THE SERVICES OFFERED ON THE SITE AND THE PRODUCTS AND SERVICES BOUGHT AND SOLD THROUGH THE SITE, INCLUDING, BUT NOT LIMTIED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PUPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY, (III) THAT SERVICE WILL BE CONTINOUS, UNINTERRUPTED, ERROR-FREE AND/OR MEET THE USERS PURPOSE OR REQUIREMENTS, (IV) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER AND WHETHER YOU SHOULD DO BUSINESS WITH SUCH BUYER OR SELLER, AND (V) AS TO THE ACCURACY OF POSTINGS MADE ON THE SITE BY OR ON BEHALF OF A SELLER OR BUYER. IF YOU ARE DISSASTISFIED WITH THE SITE OR THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE. Asset Control Division AND ITS INFORMATION PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITY OR DAMAGES RELATED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TERMINATION THEREOF, EVEN IF Asset Control Division HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH CLAIM, LIABILITY, DAMAGE OR LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER OR SELLER. ASSET CONTROL DIVISION'S TOTAL LIABILITY WITH RESPECT TO ANY CLAIM, LIABILITY, DAMAGE, LOSS, OR CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE OR THE SERVICES OFFERED ON THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). No advice or information, whether oral or written, obtained by you from Asset Control Division or through the Site shall create any warranty not expressly made herein. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain buyers and sellers. Indemnification Without limiting the generality or effect of other provisions of this Agreement, as a condition of being a buyer or seller or otherwise using the Site, you agree to indemnify, hold harmless and defend Asset Control Division, and each of its affiliates, directors, officers, employees, agents and representatives from and against any and all third party claims, liabilities and damages incurred or allegedly incurred by the Asset Control Division arising out of your engagement in transactions on the Site. Asset Control Division reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of the Asset Control Division. Copyright, Licenses and Idea Submission The entire contents of the Site are copyrighted under the United States copyright laws. Asset Control Division is the exclusive owner of the copyright. You may print and download portions of the materials solely for your non-commercial use. Any other copying, redistribution, publication or retransmission of or linking to any portion of the Site material is strictly prohibited without the express written consent of Asset Control Division. No Resale of Service User agrees not to reproduce, duplicate, copy, sell, resell, link to or exploit for any commercial purpose any portion of the Site, and information contained on the Site, use of the Site or access to the Site. Relationship Unless otherwise agreed to in writing, the relationship between the buyers, sellers and Asset Control Division is that of independent contractor and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions. The buyers and sellers acknowledge and agree that Asset Control Division may, from time to time, pursuant to a written agreement, act as an independent agent for certain buyers or sellers as an agent, direct seller, consignee or owner of product, inventory or services sold through the Site Binding Agreement The buyers and sellers agree that these Terms and Conditions constitute a binding agreement between them and Asset Control Division until terminated by Asset Control Division, which Asset Control Division may do at any time, without notice, at Asset Control Division's sole discretion. Asset Control Division may, at any time, at its sole discretion, temporarily or indefinitely suspend or terminate a) your status as a user of the system b) any of the sales in which you as a seller or buyer have or are attempting to engage or c) remove from the Site and the services provided by the Site any other information you have posted to the Site. Upon suspension or termination as set forth above, you must still pay all outstanding amounts due to Asset Control Division and honor all outstanding offers and sales. These Terms and Conditions shall be governed by and in accordance with the laws of the State of Rhode Island, without regard to conflicts of laws provisions. User and Asset Control Division agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Providence County, Rhode Island in order to resolve any disputes arising out of these Terms and Conditions. Notices Except as noted otherwise, any notices shall be given by e-mail: 1) In the case of Asset Control Division, to custsvc@Asset Control Division 2) In the case of notices from buyer to seller or from seller to buyer to the e-mail address provided by the Asset Control Division to both buyer and seller during the registration process. Alternatively notices can be sent by certified mail, postage prepaid and return receipt requested directly to such other address as may be specified in writing between buyer, seller and the Asset Control Division. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or, in the case of mailing, three (3) days after the date of mailing. Miscellaneous If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure of a buyer, seller or the Asset Control Division to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site, the services offered on the Site or this Agreement must commence within six months after the cause of action arose; otherwise, such cause of action is permanently barred. In regards to buyers, the Terms and Conditions comprise the entire agreement between you and the Asset Control Division and supersede all prior agreements between the parties regarding the subject matter contained herein. In regards to sellers, you acknowledge that you have executed a separate listing agreement and that together with these Terms and Conditions and such other written agreements that may exists between the parties, such agreements comprise the entire agreement between you and the Asset Control Division. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. Words used herein importing the singular include the plural and vice versa. The headings contained herein are included solely for convenience and shall not be considered part of this Agreement or affect the interpretation hereof. In reference to this Agreement, the term buyer shall mean you in the capacity of responding to or inquiring about an offered product or service and the term seller shall mean you in the capacity of offering or responding to an inquiry related to a product or service.

Click here to return to the registration page.