These Account Terms and Conditions ("Terms of Use") govern your access to and use of the services through your Arrowheadtowing.com member account and related Apps (as defined below) (collectively, the "Service"). The Terms of Use are an agreement made by and between you and Arrowhead Towing Inc. References to "ARROWHEAD TOWING INC." herein mean Arrowhead Towing Inc. If you are entering into the Terms of Use on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to the Terms of Use, in which case the term "you" shall refer to such entity.
ARROWHEAD TOWING INC. may, at its discretion, update the Terms of Use at any time. You can access and review the most current version of the Terms of Use at the URL for this page or by clicking on the "link identified as "Terms and Conditions" or "Terms of Use" made available within the Service.
All prospective buyers must be at least 18 years old and are required to register with Arrowhead Towing Inc. prior to bidding. By using the bid number paddle, at a live auction or registering for Online bidding, the bidder acknowledges he/she has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidder's agreement or posted at the auction facility.
The Auction will be conducted by offering Vehicles and or other items either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered Vehicle or Items, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final.
PLEASE REVIEW THE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.
The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Arrowhead Towing Inc. and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.
Bidder agrees to be responsible for the payment of the purchase price, any applicable DMV fees, and taxes due on all of bidder's purchases.
The Auction List has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall Arrowhead Towing Inc. be liable as a result of defects or inaccuracies of any vehicle or item.
Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Arrowhead Towing Inc, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
Any dispute arising as to any bidding shall be settled by Arrowhead Towing Inc. at his sole discretion, and Arrowhead Towing Inc. may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid.
The purchaser shall pay the purchased price of any auction vehicle or Item within 2 days following the auction. All payments must be received by cashier's check, money order, credit card, or wire transfer payable to Arrowhead Towing Inc. Any payment other than cash will be subject to an additional 3% administrative fee.
Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.
Governing Law
The "Auction Terms and Conditions" shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
California law does not provide for a "cooling off" or other cancellation period for vehicles. Therefore, you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle.
Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Arrowhead Towing Inc. reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and hold harmless Arrowhead Towing Inc., its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser.
All items must be removed from the auction facility within 5 days after the auction date. If for any reason purchaser fails to remove any vehicle or item within the time specified, the purchase shall be deemed abandoned, and Arrowhead Towing Inc. at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Arrowhead Towing Inc. because of purchaser's failure to remove any vehicles or items. Failure to remove items will result in a rental /storage fee of not less than $25 per item per day.
Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
If for any reason, Arrowhead Towing is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Arrowhead Towing Inc. sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Arrowhead Towing Inc.
Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.
All diesel vehicles and equipment operated in California may be subject to the California Air Resources Board (ARB) regulation to reduce emissions of air pollutants. Therefore, these items could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, buyers may visit the ARB website athttp://.arb.ca.gov/dieseltruck. Compliance with these regulations and all cost associated with meeting ARB requirements shall be the sole responsibility of the buyer.
Some items are being offered for sale to out of state or out of country bidders. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b). Bidders purchasing Out-of-State items must be registered as an out of State buyer with Arrowhead Towing Inc. prior to bidding.
As an Arrowheadtowing.com Members/Buyer`, you agree to be bound by the following Terms and Conditions. At any time without prior notice to you, Arrowhead Towing reserves the right to amend Member Terms and Conditions. All Members/Buyer are required to create a profile containing the following information, user name and password. First and last name, mailing address, phone number and verifiable email address. Members/Buyer may log onto Arrowhead Towing's website at www.Arrowheadtowing.com during the auction cycle to place their bid. If you are out-bid on any vehicle or item, you may request to be notified via email by checking the box on your "Edit My Account" page. During the bidding period, Bidders may preview vehicles / items at Arrowhead Towing Antioch Facility at 3245 East 18th St Antioch CA 94509. Note: Sellers may bid on their own vehicles where permitted by state law. DISCLAIMERS A. Vehicle Condition and History Disclaimer. ALL VEHICLES ARE SOLD "AS-IS WHERE-IS" All vehicles sold through Arrowhead Towing are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. Vehicle and Item information provided by Arrowhead Towing is for convenience only. It is member's responsibility to verify the accuracy or completeness of any and all information provided regarding vehicles and or items in any and all auctions. Vehicle Information includes but is not limited to: year, make, model, condition, drivability, mileage, damage amount, damage type, accessories, odometer disclosures, vehicle identification, title, repair cost, repair history, title history, and total loss history. Arrowhead Towing expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through Arrowhead Towing. Arrowhead Towing does not guarantee that keys are available for any vehicle sold through Arrowhead Towing prior to the time of purchase. Members/Buyer further understands that the vehicle/item is purchased AS IS and that Arrowhead Towing Inc. has no knowledge of the mechanical condition of the vehicle/item and that the vehicle/item is being sold without any Guarantees, express or implied, and that the vehicle/item may not comply with current state or federal smog, and or other requirements. And that Arrowhead Towing Inc. has no knowledge of vehicles/items registration status and or any fee's or penalties due to the Department of Motor Vehicles and that it is the buyer's responsibility to ascertain registration information from the Department of Motor Vehicles prior to bidding on any vehicle or item. Bidder accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased at Arrowhead Towing. Arrowhead Towing does not guarantee that any vehicle sold can be legally registered in any state or country. In accordance with section 5900 of the California vehicle code the seller will notify the department of motor vehicles within five (5) days of this transfer / sale giving the date, vehicle description, odometer reading, and the buyers name and address. Members/Buyer is solely responsible to ascertain, confirm research, inspect, and/or investigate vehicles / Items and any and all Vehicle / Item Information prior to bidding on vehicles. Arrowhead Towing does not guarantee that all parts and/or safety related are present and accounted for. Members/Buyer agree that Arrowhead Towing vehicles/Items are sold AS IS and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles/Items may not be fit for use as a means of transportation and may require substantial repairs and expense. Department of Motor Vehicles Paperwork Disclaimers Arrowhead towing is not responsible for defects, errors, or omissions related to Department of Motor Vehicles paperwork not processed by Arrowhead Towing.
NMVTIS Reporting Disclaimer. Vehicles listed for sale at Arrowhead Towing may have been reported to the National Motor Vehicle Title Information System (NMVTIS), and transaction data related to vehicles purchased at Arrowhead Towing may be reported to NMVTIS, in Arrowhead Towing's sole discretion. Member accepts all risks associated with purchasing vehicles at Arrowhead Towing resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by Arrowhead Towing or others. SALE POLICIES A. Sale Cancellation. It is Arrowhead Towing Inc. sole and absolute discretion and with or without notice, to postpone or cancel a sale or withdraw a vehicle from a sale. Arrowhead Towing will neither have liability nor obligation to Members/Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement. B. Bid Rejection. Arrowhead Towing is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Arrowhead Towing reserves the right to reject, void or invalidate bids for any reason, in Arrowhead Towing's sole and absolute discretion. Should a dispute arise regarding a bid, Members/Buyers agree to indemnify, defend, and hold Arrowhead Towing harmless from any and all liability arising out of decisions made in resolving disputes. Winning Bids Upon successful bid the Bidder will have until 48 hours following the auction to pay in full and remove the vehicle from Arrowhead Towing Inc. Unpaid Vehicles/Items If any vehicle or Item is not paid by the time stated above a storage charge of $50.00 per calendar day will be charged. If the vehicle/Item is not paid for in full within seven days of the subsequent auction the sale will be voided, any deposits will be forfeit and applied to the storage of the vehicle/item post sale. And the vehicle will be placed back into the next available auction and sold. The Bidder account will be suspended and will be ineligible to bid in any other Arrowhead Towing Inc. auction unless restriction is waved by Arrowhead Towing Inc. Unclaimed Vehicles/Items If any vehicle or Item is not collected by the time stated above a storage charge of $50.00 per calendar day will be charged. If the vehicle/Item is not collected within seven days of the subsequent auction the sale will be voided, any deposits will be forfeit and applied to the storage of the vehicle/item post sale. And the vehicle will be placed back into the next available auction and sold. The Bidder account will be suspended and will be ineligible to bid in any other Arrowhead Towing Inc. auction unless restriction is waved by Arrowhead Towing Inc. It is the Member/User responsibility to ascertain if they have won any and all auctions that they have bid upon. Arrowhead Towing Inc. is not responsible for notifying the winner of any auction. If prior to the vehicle being removed from Arrowhead Towing premises, it is determined that items have been removed on the vehicle, or that additional damage has occurred since the time the Member/User submitted his/her bid, and/or there is a title type discrepancy, the Member will have the option to purchase the vehicle at the original price or cancel the sale. Vehicle and Title Release Arrowhead Towing reserves the right not to release any vehicle or vehicle title for any reason. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. Risk of Loss Arrowhead Towing shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all Arrowhead Towing facilities, from acts of theft or vandalism, or acts of God. Member/User takes full responsibility and assumes all risk of loss for all vehicles purchased from the time Arrowhead Towing accepts Member/User's bid. Arrowhead Towing shall not be responsible for any claim of damage made after the vehicle has left Arrowhead Towing's premises. In the event Arrowhead Towing is deemed to be responsible of any damages, claims shall be limited to no more than the purchase price of the vehicle or the sale may be voided at the discretion of Arrowhead Towing Inc.
MEMBERS You must sign up as a Member/user at arrowheadtowing.com You must be at least 18 years of age. Arrowhead Towing reserves the right to deny member privileges to, or exclude from Arrowhead Towing facilities, any individual or entity, in its sole and absolute discretion. In order to bid on a vehicle, you must be a Member. Only Members in good standing are permitted to bid on vehicles. Member's/user's account are Nontransferable and may not be assigned to any person or entity. In the event a Member's/User's account username and or password are used without authorization, The Member/User shall notify Arrowhead Towing immediately. Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of Arrowhead Towing's website and services. Membership Revocation Arrowhead Towing reserves the right to revoke or suspend and or block a member/User IP address and bidding privileges for any reason, in its sole and absolute discretion. Release of Liability and Indemnification As a condition of membership/User status, Members/Users irrevocably and unconditionally waive and release their rights (if any) to recover from Arrowhead Towing, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates any and all damages, losses, liabilities, costs, expenses, or claims therefore, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other occurrence loss which occurs on Arrowhead Towing premises. Members agree to indemnify, defend, and hold Arrowhead Towing Indemnities harmless from any and all damages, losses, liabilities, costs or expenses (including attorney's fees), arising from claims made by Member and Member's guests for arising from or related to: 1) bodily injury or property damage occurring on Arrowhead Towing premises, 2) Member's failure to comply with applicable laws or regulations, 3) Member's subsequent sales or transfers of Vehicles to third parties, and 4) claims made against Arrowhead Towing Payment: Payment for vehicles may be made by cash, cashier's check, money order or major credit cards. Payment for Vehicles Delivered by Arrowhead Towing All Payments and fees including delivery fee must be paid prior to the delivery of the Vehicle/Item. Arrowhead Towing Yard Rules Repairing vehicles on Arrowhead Towing premises is strictly prohibited. Stealing or damaging vehicles is strictly prohibited. Anyone caught will be arrested and prosecuted to the fullest extent of the law. All Members/Users of arrowheadtowing.com consent to the forum selection, choice of law, jurisdiction, and venue provisions or any action or proceeding arising out of the purchase of a vehicle or item at Arrowhead Towing shall be litigated only in the county of Contra Costa California. This Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. There have been no representations, warranties, or promises outside of the Terms and Conditions.
You:
As used in the Terms of Use, "you" are an individual acting on your own behalf, or an agent of a person or entity that has authorized you to act on their behalf; "we" and "us" mean ARROWHEAD TOWING Inc.
Privacy Statement
In addition to the Terms of Use, the Privacy Statement posted on the Service governs your access to and use of the Service ("Privacy Statement"). The terms of the Privacy Statement are incorporated by reference into the Terms of Use. You are encouraged to periodically review the Privacy Statement.
Grant of Rights
Subject to your compliance with the Terms of Use in all material respects, ARROWHEAD TOWING INC. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to: (i) access and view pages from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
To the extent that the Service provides access to any software, applications, modules or other similar components, then, subject to your compliance with the Terms of Use in all material respects, ARROWHEAD TOWING INC. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by ARROWHEAD TOWING INC. and only for your personal, non-commercial purposes.
ARROWHEAD TOWING INC. makes available mobile apps for access to and use of certain components of the Service (the "Apps"). Your access to and use of such mobile apps is subject to the applicable end user license agreement for each App. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by ARROWHEAD TOWING Inc.
ARROWHEAD TOWING INC. reserves the right, in its sole discretion, to allow or deny access to the Service to any party.
Registration
ARROWHEAD TOWING INC. offers users of the Service the opportunity to sign up for a free member account at Arrowheadtowing.com. Account holders can:
Create multiple accounts under your user profile
Add items to a personal Watchlist and save inventory searches
Create and submit applications for financing
Check historic auction results from Arrowhead Towing Inc. auctions
Bid online in real time at Arrowhead Towing Inc. auctions (after registering to bid at the auction)
Receive timely email updates about auction dates and new services offered at Arrowheadtowing.com
You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ARROWHEAD TOWING INC. reasonably suspects that you have done so, ARROWHEAD TOWING INC. may suspend or terminate your account.
You can add and manage all your accounts by accessing your user profile after sign-in. If you add additional accounts under your user profile after your initial registration, you hereby acknowledge that those accounts will be governed by these Terms of Use.
You are fully responsible for all activities that occur under any of your accounts. You may not share your username or password with anyone. You agree to notify ARROWHEAD TOWING INC. immediately of any unauthorized use of your username or password or any other similar breach of security.
Cost
There are no fees or costs associated with signing up for or maintaining a member account at Arrowheadtowing.com. Users may be required to post a deposit prior to placing bids online in any ARROWHEAD TOWING INC. auction.
Rights to Content
You acknowledge and agree that ARROWHEAD TOWING INC. and its licensors own all rights, title and interest (including, but not limited to, intellectual property rights) in the Service and all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other material accessible through the Service ("Content") and other materials within the Service.
Except as expressly permitted by the Terms of Use, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by ARROWHEAD TOWING INC.. ARROWHEAD TOWING INC. reserves all rights not expressly granted to you.
Restrictions Governing the Use of the Service
As a condition of your use of the Service, you shall not:
upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
impersonate any person or entity, including, but not limited to, ARROWHEAD TOWING INC. personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
use the Service in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by the Terms of Use;
use Service in any manner that could damage, disable, overburden, or impair the Service;
use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Service, the Arrowheadtowing.com web site or any ARROWHEAD TOWING INC. auction;
take any action that imposes an unreasonable or disproportionately large load on the Service or our infrastructure;
interfere with or disrupt any computer networks involved in the provision of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
interfere with any other party's use of the Service or the Arrowheadtowing.com web site;
use the Service in such a way as to gain unauthorized access to the computer systems of others;
sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service, or otherwise engage in any data-mining activities using the Service or in any commercial use of the information obtained through the Service.
Registration to Participate in an Auction
ARROWHEAD TOWING INC. and its affiliates hold auctions in numerous jurisdictions in California and different laws and regulations are applicable to each of our auctions. Therefore, in addition to creating a member account to access and use the Service, you will be required to register separately for each ARROWHEAD TOWING INC. auction in which you wish to place bids online. You will also be required to enter a separate bidder registration agreement for each auction (each a "Bidder Registration Agreement") with a local ARROWHEAD TOWING INC. entity as the contract counterparty, and hereby acknowledge and accept any specific auction site requirements, terms and conditions made available to you prior to bidding ("Auction Event Specific Notifications"). Successful registration for one auction does not guarantee registration for any other auction. ARROWHEAD TOWING INC. and its affiliates reserve the right to refuse to register any person for any auction. It is important that you familiarize yourself with the terms of the relevant Bidder Registration Agreement. Where the terms of the Bidder Registration Agreement conflict with the Terms of Use, the Bidder Registration Agreement shall prevail unless specifically stated otherwise.
Upon your use of the Service to register for an auction, you will be assigned a buyer identification number that will identify you whenever you place bids online at that auction (your "Online Bidding Number"). You are responsible for all activities that occur using your Online Bidding Number.
General Eligibility for Access to and Use of Online Bidding Services
By accepting the Terms of Use, you warrant that: (i) you are of legal age and possess the legal capacity to participate in ARROWHEAD TOWING INC. auctions; (ii) you are eligible to participate in Arrowhead Towing Inc. auctions under all laws and regulations applicable to you in your jurisdiction; (iii) you will be financially responsible for your use of the Online Bidding Number; and (iv) you will be responsible for any usage by minors or any other party of any Online Bidding Number under your name or account.
Online Bidding during an Auction
Bids for a particular item may be made on a live basis using your Online Bidding Number, as explained in detail elsewhere within the Service.
BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.
ARROWHEAD TOWING INC. CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION. FURTHER, THE AUCTIONEER HAS THE SOLE DISCRETION TO ACCEPT OR REFUSE ANY BID.
All bids must be submitted in the relevant auction currency as identified within the Service. All bids are exclusive of all applicable taxes, customs duties, registration fees, shipping, rigging, or other preparation and transportation costs and insurance. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing winning bids through the Service will be notified by email provided in their Registration Data.
All forms of shill bidding, including collusion, bid manipulation and bidding on lots that you, or a party that is affiliated with you, have consigned to the auction is strictly forbidden. You may not make a bid under a false name or as agent for a person who would himself or herself be prohibited from placing a bid on a particular lot.
Bidder Information
"Bidder Information" includes any information you provide to ARROWHEAD TOWING INC. or its affiliates when you register to use the Service including Registration Data, when you register to participate in a particular Arrowhead Towing Inc. auction, bid in any Arrowhead Towing Inc. auction or communicate with ARROWHEAD TOWING INC. or its affiliates via phone, fax or email as part of your use of the Service. You are solely responsible for the accuracy, completeness and truthfulness of your Bidder Information. ARROWHEAD TOWING INC. reserves the right to take any action with respect to Bidder Information if ARROWHEAD TOWING INC. reasonably believes such information violates the Terms of Use or is restricted or prohibited by law. By submitting Bidder Information to ARROWHEAD TOWING INC., you agree that ARROWHEAD TOWING INC. may collect, use and/or disclose such information, including any personal information, for the purposes described in our Privacy Statement.
Auction Data
You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit at any time any data or audio/video content transmitted to you during a live auction (collectively, "Auction Data"). ARROWHEAD TOWING INC. and its licensors own all right, title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.
No Professional Advice
Any information supplied by any employee or agent of ARROWHEAD TOWING INC. or its affiliates, in any form whatsoever, is intended solely as general guidance on the use of the Service and the buying and selling of lots at Arrowhead Towing Inc. auctions.
All Content is provided for informational purposes only. By no means is any Content intended to substitute for the advice that may be provided to you by a professional. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate equipment for your needs.
Suggestions
If you elect to provide or make available to ARROWHEAD TOWING INC. any suggestions, comments, ideas, improvements or other feedback relating to the Service ("Suggestions"), ARROWHEAD TOWING INC. shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
Dealings with Other Third-Party Partners
Your dealings with our third party partners, who market, sell, provide or offer to sell or provide any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third-party partner. You agree that ARROWHEAD TOWING INC. shall not be liable for any loss or damage of any kind incurred as a result of any such dealings. Notwithstanding anything to the contrary in this paragraph, the terms and conditions of the Bidder Registration Agreement and Auction Event Specific Notifications shall apply with respect to your participation in ARROWHEAD TOWING INC. auctions.
Links and External Materials
The Service may provide links to other websites or resources. You acknowledge and agree that ARROWHEAD TOWING INC. does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). The External Materials are subject to different terms of use and privacy policies which you are responsible for reviewing. You further acknowledge and agree that ARROWHEAD TOWING INC. shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
Modifications to the Service
ARROWHEAD TOWING INC. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that ARROWHEAD TOWING INC. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
Termination
Without limiting any other remedies, ARROWHEAD TOWING INC. reserves the right, at its sole discretion, to revoke your access to Service at any time and without notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to ARROWHEAD TOWING INC. in connection with our site or access to or use of the Service, or (ii) determine you are in breach of the Terms of Use.
In the event that you violate the Terms of Use, all rights granted to you under the Terms of Use shall be terminated immediately, with or without notice. Upon termination for any reason, ARROWHEAD TOWING INC., in its sole discretion, may remove and discard your member account profile. The provisions of the Terms of Use that should by their nature survive termination of the Terms of Use shall survive such termination.
Indemnification
You agree to indemnify, defend and hold ARROWHEAD TOWING INC. and its affiliates, and each of their officers, directors, employees, agents, partners, licensors, successors and assigns (collectively, "ARROWHEAD TOWING INC. Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the Terms of Use or any law or regulation; or (c) violation of any rights of another party.
Disclaimers
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and ARROWHEAD TOWING INC. Parties cannot and do not guarantee continuous, uninterrupted or secure access to the Service. You agree to hold ARROWHEAD TOWING INC. Parties harmless for any interruptions in the Service, or your inability to reach or effectively use the Service.
THE SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARROWHEAD TOWING INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ARROWHEAD TOWING INC. PARTIES DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS WILL: (A) BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (B) MEET YOUR REQUIREMENTS. ARROWHEAD TOWING INC. PARTIES FURTHER DO NOT WARRANT AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESULTS, INCLUDING THE ACCURAY OR RELIABILITY OF SUCH RESULTS, THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE OR THE FUNCTIONS, FEATURES, CONTENT OR OTHER MATERIALS CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARROWHEAD TOWING INC. PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
You acknowledge and agree that any information, data or other materials that you obtain from or through the Service, whether provided by ARROWHEAD TOWING INC. Parties or others, may contain errors or be inaccurate or incomplete. It is solely your responsibility to confirm the accuracy, completeness and reliability of any such information, data or other materials.
Limitation of Liability
IN NO EVENT SHALL ARROWHEAD TOWING INC. PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES AND OTHER SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF ARROWHEAD TOWING INC. PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL ARROWHEAD TOWING INC. PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM: (A) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY FASHION; (B) THE INTERRUPTION OF ANY DATA TRANSMISSION; (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO THE SERVICE; OR (4) THE USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL THE ARROWHEAD TOWING INC. PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED CAD$50. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Notices
If to ARROWHEAD TOWING INC.: Notices must be sent by email to [email protected] and by certified mail to Arrowhead Towing Inc. 3245 E 18th St Antioch CA 94509 or such other address as may be designated from time to time.
If to you: Notices under this Agreement will be given by email to the email address provided to ARROWHEAD TOWING INC. during your registration, or as subsequently amended by you, within the Service. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying ARROWHEAD TOWING INC. of such change by updating your member account profile within the Service.
Forum for Disputes
Any dispute or claim arising out of or relating in any way to the Terms of Use or your access to or use of the Service, including, but not limited to, the validity, applicability or interpretation of the Terms of Use, shall be brought only in a court of competent jurisdiction in New Westminster, British Columbia, Canada. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-convenience or any similar grounds with respect to any such proceeding.
Class Action Waiver
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against ARROWHEAD TOWING INC., or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Service, AND ANY SUCH CLAIM WILL BE RESOLDED ONLY ON AN INDIVIDUAL BASIS.
No Waiver
The failure of ARROWHEAD TOWING INC. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
Language
It is the express wish of the parties that the Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Where ARROWHEAD TOWING INC. has provided any translation of the English language version of these Terms of Use, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and any such translation, the English language version shall govern.
General
Unless otherwise specified herein, the Terms of Use constitute the entire agreement between you and ARROWHEAD TOWING INC. concerning your access to and use of the Service and it supersedes all prior or contemporaneous oral or written negotiations and agreements between you and ARROWHEAD TOWING INC. with respect to such subject matter. If any provision of the Terms of Use is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Last Revised: July 01, 2020
