Last modified on June 11, 2003 .

1. TERMS OF USE
BizForSell.com provides the Website, the Content and the Services to you subject to the TOU. BizForSell.com may amend the TOU from time to time without notice to you, but if it does so, it will post the amended TOU on the Website at http://www.BizForSell.com/terms.html. We encourage you to review the TOU from time to time for possible changes. Your continued use of or access to the Website, the Services or the Content after any amendment of the TOU signifies your agreement to the amended TOU. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOU.

2. SERVICES AND CONTENT
BizForSell supplies shopping, interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of BizForSell (collectively, the "Services"). In addition, BizForSell also provides access to certain photographs, text, images, logos and other media and intellectual property related to or otherwise associated with BizForSell, its advertisers and manufacturers (collectively, the "Content"). Unless stated otherwise, the Website, the Services and the Content are subject to the TOU. You understand and agree that the Website, the Services and the Content are provided "AS-IS" and that BizForSell assumes no warranty or guarantee in connection with your use of the Website, the Services or the Content. Under the TOU, you may download certain Content and Services available on the Website to a single personal computing device for your shopping use. You may not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of BizForSell, which permission may be withheld in our sole discretion.

3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. BACKGROUND INFORMATION
In order to use the Services, you may be required to register with BizForSell by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or BizForSell has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your use of the Web site and refuse any and all current or future use of the Services.

5. PRIVACY POLICY
All information collected about you during shopping and checkout and use of the Services will be used in accordance with our Privacy Policy and all applicable laws. You agree to provide correct and accurate information concerning your order in connection with any registration for any Services, subject to all applicable laws.

6. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:

A. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;

B. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE
OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOU.

16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BIZVALUING ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BIZVALUING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY BizForSell.com, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.

17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

18. NOTICE
BizForSell may provide notices to you via email or postal mail. BizForSell may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Website or by posting an amended TOU on the Website. You may provide notices to BizForSell by email at info@BizForSell.com or by postal mail at BizForSell, 23 Regulus Ct., Alameda, CA 94501-1015.

19. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Website must be to http://www.BizForSell.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.

20. GENERAL PROVISIONS
The TOU constitute the entire agreement between you and BizForSell and govern your use of the Website and the Services and access to the Content, superseding any prior agreements between you and BizForSell. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and BizForSell shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BizForSell agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California. The failure of BizForSell or any of the other BizForSell entities to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.