• General Terms
• Transaction Rules
• Covenants of Users
• Third Party Disclaimer
• Intellectual Property
• Limitations of Network International's Liability
• Right to Terminate
• Miscellaneous

A. Acceptance of Terms.
All users of the Web Site and our Services are required to accept and comply with these Terms of Use. The Web Site is a venue for providers and owners ("Sellers") of services and unused, used, and surplus material and equipment ("Assets") and potential purchasers ("Buyers") of such Assets to exchange Information (as defined in Section III.C.), and to facilitate an electronic marketplace for the Assets. Non-conformance with these Terms of Use may result in the termination of your registration with and your right to use Network International's Services or Web Site.

By registering to use or using this Web Site, you agree and ratify that you accept all of the terms and conditions of these Terms of Use. In particular, you agree to any Buyer's Premium or other transaction fees or costs associated with your utilization of the Services. If you do not accept all of the terms and conditions of these Terms of Use, then you are not authorized to use any of the services of Network International.

B. Amendment of Terms.

We may amend these Terms of Use at any time without notice, although we will e-mail a notice of the amended Terms of Use to your e-mail address as reflected in our records. The amended Terms of Use will be effective upon the effective date indicated therein. We may add, delete or modify the Services at our discretion, at any time. These Terms of Use may not be otherwise amended except in writing signed by an officer of Network International and the party requesting the amendment. These Terms of Use were last revised effective September 7th, 2006.

C. Eligibility.

The Services are available only to duly organized businesses that are in good standing under applicable state laws. The Services are contracted only by those officers or agents who are authorized to form legally binding contracts under applicable law on behalf of a business, and are not available for consumer use. Network International assumes that the individual that reads and determines whether to accept these Terms of Use is an authorized officer or agent acting in such capacity on behalf of the business he or she represents. All references to the term "you" in these Terms of Use refer both to the individual user and the business that the user represents. Network International may refuse the Services to anyone or any entity at any time, in its sole discretion.

D. Registration, User ID and Password.

All users are encouraged to register. Some Network International services are not available without registration. If your registration application is approved, Network International will notify you and your user ID and password will be activated. You may only use each user ID and password on behalf of the business that you represent, as indicated on the applicable registration application. You will be responsible for the confidentiality and use of your user ID and password, and you will be held solely responsible for all communications made through the Web Site using your user ID and password. You must immediately notify Network International if you become aware of any loss or theft of your password or any unauthorized use of your password, user ID, or of the Web Site. All new International Registrants must complete the International Registration Form. Approval is pending the credit check, as well as contact and other requested information verification as set out on the Registration Form. All international transactions are subject to applicable trade regulations and embargos including, but not limited to, those administered by the U.S. Departments of Commerce, Treasury and Homeland Security. By registering, you consent to have Network International send you faxes, emails, brochures, and other advertisements.

E. Transaction Services.

The actual purchase and sale transactions between Buyers and Sellers do not occur on the Web Site, and Network International is not a party to those transactions. The Web Site enables Buyers and Sellers to buy and sell Assets using the following methods: (1) Online Auctions - the Seller offers to sell the Asset(s) to the Buyer that submits the highest Bid, (2) Private Sales - the Seller offers the Asset(s) for sale on the Web Site at a posted price or "Make Offer". Detailed descriptions of each of these Services and the rules that govern them are set forth under Transaction Rules. From time to time we may update these Terms of Use to reflect additional services or changes to existing services.

F. Bids.

All Bids are governed by the Transaction Rules for that type of transaction. Unless explicitly stated otherwise, all Bids are exclusive of all applicable taxes, customs duties and registration fees, shipping, rigging, or other preparation and transportation costs, insurance and escrow fees (if any), Transaction Fees, Buyer's Premium, and any other Network International fees. Unless otherwise stated, all bids must be submitted in U.S. Dollars .

G. Information Relating to Assets.

Correct documentation, specification, and other Information relating to Assets are the exclusive responsibility of the users. Although Network International encourages Sellers to include as much Information relating to Assets as possible, such Information is not verified or substantiated by Network International and we cannot be held responsible in any way for any inaccuracies or omissions in such Information, regardless of its source. Unless the Seller expressly discloses otherwise, Seller will be deemed to represent and warrant that it has good and marketable title to any Asset sold or transferred through the Web Site, free and clear of any lien or other encumbrance (other than statutory liens or other encumbrances arising in connection with Seller's ordinary course of business securing payments not yet due and payable and which will not have a material adverse effect on the Seller's ability to complete the transaction on the agreed-upon terms).

A. Buyers' Duty to Inspect Lot.

Network International will post the lots for sale on the Web Site. Each Lot will include the location of the Asset for Sale. All items are listed as accurately as possible; however, all descriptions and representations of items on the Web Site serve as merely a guide, subject to change. Neither Network International, the Sellers, nor any third party making claims as to the description of items on the Web Site, shall be liable for any errors on the Web Site. All items will be sold 'AS IS, WHERE IS, WITH ALL FAULTS' and without guarantee or warranty of any kind. Buyers are solely responsible for the inspection of all items, and accept such items with any faults or defects.

B. Registration.

All prospective Buyers must register and receive a Bidder ID. By submitting any information during registration or bidding, the user represents and warrants that all such information is true and accurate, is not fraudulent, does not violate any law, statute, ordinance or regulation, is not defamatory or libelous, and does not contain any information or data that is intended to damage or interfere with any system, data, or information. Buyers' names are to remain confidential. Network International reserves the right to refuse a bidder ID and may revoke the Buyers' privileges at any time for any reason.

C. Online Auctions.

1. Bidding Process.

A Buyer that both meets the requirements set forth in the lot, including any reserve price, and enters the highest bid will be deemed the Winning Buyer. Each Buyer may see Bids entered by other Buyers during an Online Auction, but not the identity of such other Buyers. A Bid must be at least one minimum Bid increment (as specified on the Web Site) above the high Bid. In the event that a Bid is entered within a certain time increment (such increment to be determined by Network International) of the scheduled close of the Online Auction, the closing time will automatically be extended by such time increment until no Bids have been entered within such time increment prior to the closing time for the Online Auction.

Each Buyer is solely responsible for checking the Web Site or taking such other actions as are appropriate to learn of changes to a description of an Asset or a closing date or time. Network International will not be responsible for notifying any Buyer of a change in any description of an Asset or closing date or time. The Buyer bears the sole risk of transmitting bids so that such bids are received prior to close of the Online Auction. Network International will not accept a Bid that is received after an Online Auction is closed. Winning Buyers are obligated to complete the transaction and pay Network International within seven (7) calendar days of the close of the Online Auction.

2. Procedure Upon Acceptance of Bid.

Network International will notify the Winning Buyer and issue a summary statement of the Asset(s) purchased to the Winning Buyer and a summary statement of the Asset(s) sold to the Seller.

All Winning Buyers' Bids are final and result in contracts between Winning Buyer and Seller which may not be retracted or canceled. Winning Buyers and the person or entity who Winning Buyers represent shall be jointly and severally held liable for any expenses, legal fees, court costs, and other damages incurred by Network International.

The Winning Buyer is obligated upon the close of the Online Auction and receipt of the invoice to pay the purchase price for the Asset in full to Network International, as the disbursing party for the Online Auction within seven (7) calendar days of the close of the Online Auction. The Winning Buyer is responsible for determining the logistics and paying the costs of inspection, shipping or other services. Network International will under no circumstances be responsible for the coordination or costs of inspection, shipping or other services desired by Winning Buyer or Seller in connection with the Online Auction. Winning Buyer agrees to pay all applicable sales tax on all purchases, unless the Winning Buyer provides proof of exemption that is issued by the appropriate state or local Government Agency. Winning Buyer also agrees to pay any sales tax that may be assessed after payment has been received.

3. Payment.

Winning Buyers are obligated to pay all bids in which they are the successful Winning Buyers in strict compliance with the terms hereof and any terms as set forth in Network's invoice. Network's invoice may include any or all of the following fees: the purchase price of the Asset(s), applicable sales tax, the Network Buyer's Premium and any other fees or commissions as outlined on each Lot and on the invoice. Winning Buyers from the U.S. may submit payment by cash (wire transfer), check or credit card. Winning Buyers from outside the United States must submit payment in US dollars via wire transfer only. All conversion fees for International wire transfers are the responsibility of the Winning Buyer and will be invoiced directly if not paid during the transaction. In the event that any Buyer's check is returned as uncollectible, the Buyer shall be charged a $25.00 returned check fee. As stated in Section I. F. above, all payments are made in U.S. Dollars, unless otherwise stated in the Transaction Rules. Without limitation, Winning Buyers shall be held liable for any expenses, legal fees, court costs, and other damages incurred by Network International or the seller in connection with the collection of such obligations which are not paid within seven (7) calendar days of the close of the Online Auction. If a Buyer does not fund a transaction within seven (7) calendar days of the close of the Online Auction in which the transaction occurred, a late payment charge of two (2) percent of the sale price for each transaction will be applied, and payment will be due on demand. If a Buyer does not fund a transaction and any applicable late fees within fourteen (14) calendar days of the close of the Online Auction in which the transaction occurred, the Buyer has breached his contract and forfeits all rights to the equipment. Without limiting other claims, damages or other remedies available to Network International, upon winning an Online Auction lot and failing to complete the transaction for any reason, Winning Buyers agree to pay a liquidated damage in the amount of ten (10) percent of the winning bid price for each unpaid lot. Should a dispute arise regarding Online Auction terms, winning bids or equipment sold, the exclusive remedy for resolution will be arbitration held in Houston, Texas.

4. Reserve Prices.

With respect to certain lots up for Online Auction, Sellers may set a reserve price for the Asset for sale. The Web Site will clearly display the reserve price for every Online Auction lot to inform Buyers of the lowest acceptable bid. Bids that are received under the reserve price are binding and are subject to the seller's acceptance of the bid. Online Auction lots listed with no reserve price will open at the first bid increment as determined by Network International.

5. No Price Manipulation.

Sellers shall not bid on their own equipment consigned for Online Auction for any reason. Sellers and Buyers shall not attempt to manipulate the price of Assets, either by using a shill (a secondary account or third party) or by bidding themselves through the use of an alias or otherwise. Network International has designed the system to restrict shilling and will actively pursue any user who we believe to be violating this strict condition of all Online Auctions.

D. Private Sales.

1. Buyer Process.

Private sales that are managed by Network International, as agent for Sellers, are posted in the equipment catalog and/or other areas of the Web Site. A Buyer may purchase a Lot at the listed price through the Web Site or submit an offer through the Web Site. All offers are firm and binding per the terms listed on each Lot and, if accepted by the Seller result in contracts between Buyer and Seller which may not be retracted or canceled.

The Winning Buyer is obligated upon the acceptance of the offer and receipt of the invoice to pay the purchase price for the Asset in full to Network International, as the disbursing party for the Private Sale within seven (7) calendar days of the close of the Private Sale. The Winning Buyer is responsible for determining the logistics and paying the costs of inspection, shipping or other services. Network International will under no circumstances be responsible for the coordination or costs of inspection, shipping or other services desired by Winning Buyer or Seller in connection with the Private Sale. Winning Buyer agrees to pay all applicable sales tax on all purchases, unless the Winning Buyer provides proof of exemption that is issued by the appropriate state or local Government Agency. Winning Buyer also agrees to pay any sales tax that may be assessed after payment has been received.

2. Payment.

Winning Buyers are obligated to pay all bids in which they are the successful Winning Buyers in strict compliance with the terms hereof and any terms as set forth in Network's invoice. Network's invoice may include any or all of the following fees: the purchase price of the Asset(s), applicable sales tax, the Network Buyer's Premium and any other fees or commissions as outlined on each Lot and on the invoice. Winning Buyers from the U.S. may submit payment by cash (wire transfer), check or credit card. Winning Buyers from outside the United States must submit payment in US dollars via wire transfer only. All conversion fees for International wire transfers are the responsibility of the Winning Buyer and will be invoiced directly if not paid during the transaction. In the event that any Buyer's check is returned as uncollectible, the Buyer shall be charged a $25.00 returned check fee. As stated in I. F. above, all payments are made in U.S. Dollars, unless otherwise stated in the Transaction Rules. Without limitation, Winning Buyers shall be held liable for any expenses, legal fees, court costs, and other damages incurred by Network International or the seller in connection with the collection of such obligations which are not paid within seven (7) calendar days of the close of the Online Auction. If a Buyer does not fund a transaction within seven (7) calendar days of the close of the Online Auction in which the transaction occurred, a late payment charge of two (2) percent of the sale price for each transaction will be applied, and payment will be due on demand. If a Buyer does not fund a transaction and any applicable late fees within fourteen (14) calendar days of the close of the Online Auction in which the transaction occurred, the Buyer has breached his contract and forfeits all rights to the equipment. Without limiting other claims, damages or other remedies available to Network International, upon winning an Online Auction lot and failing to complete the transaction for any reason, Winning Buyers agree to pay a liquidated damage in the amount of ten (10) percent of the winning bid price for each unpaid lot. Should a dispute arise regarding Online Auction terms, winning bids or equipment sold, the exclusive remedy for resolution will be arbitration held in Houston, Texas.

E. Removal of Equipment.

Unless otherwise noted, it is an express condition to the consummation of all sales that Winning Buyers shall have thirty (30) calendar days from the date of sale to remove the Asset(s) from its sale location. Failure by Winning Buyer to meet this condition by timely removing the Asset(s) is a breach of Winning Buyer's contract with Seller. In the event of such breach, Winning Buyer understands and agrees that they will lose all rights in the subject equipment and all monies paid on account of the same as Seller's liquidated damages for such breach.

F. Additional Terms.

Network International reserves the right to amend or add to the terms of sale of any equipment listing in the Additional Terms section posted on each equipment lot. The terms posted to each lot when in conflict with the Terms of Use supersede the Terms of Use for only those terms in conflict.

A. Asset Quality.

Every Asset is sold 'AS IS, WHERE IS, WITH ALL FAULTS' without warranty or guarantee either written, stated or implied. There are no warranties or guarantees as to year, make, model, serial number, condition or performance. All Assets are listed as accurately as possible and information is derived from sources deemed reliable. However, Buyer must inspect all items personally and accept with any faults or defects. Buyer in no way holds Network International or Seller responsible for any defects, inaccuracies or errors in any way, and releases Network International, Inc. and Seller from any claims in respect of alleged defects, inaccuracies or errors.

B. Asset Labeling.

Sellers must provide identification information related to the Asset for sale (if reasonably available) on the Listing, including serial and model numbers, and manufacturer name. Sellers warrant that such Information is accurate.

C. User Information.

"Information" includes any information you provide to Network International or other users during the registration, bid, or listing process, and any other information you provide to or through the Web Site. Network International accepts the Information supplied by various Sellers and Buyers, but does not assume responsibility for testing or verifying the accuracy of such Information, and does not endorse or approve of any product, service or other Asset, of any Seller or Buyer. With respect to the Information you supply, you agree that:

1. You are solely responsible for notifying us of any changes to Information provided by you, so that such Information is current, complete, truthful and accurate at all times. Network International acts only as a passive conduit for online publication of your Information. Your responsibility includes issuance of all bills of lading and all transportation documents required by the U.S. Department of Transportation, and any other applicable statutes or regulations. Notwithstanding the foregoing, in order to maintain the integrity of the Web Site for the benefit of all of its users and to avoid the harm that may result from the dissemination of statements that are false, malicious, violate the rights of others or are otherwise harmful, Network International reserves the right to monitor all Information and to take any action with respect to such Information we deem necessary or appropriate in our sole discretion, including, without limitation, deleting, restricting or suspending access to such Information, at our sole discretion, for any reason whatsoever.
2. You warrant and represent that your Information and the sale or purchase of an Asset(s) on the Web Site or through the Services: (a) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary or contract rights or rights of publicity or privacy; (b) will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, discrimination false advertising, transportation or release of hazardous material, or use of pesticides); (c) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) will not knowingly contain any viruses, Trojan horses, worms, time bombs or other computer programming codes or routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal Information; (e) will not link directly to or include descriptions of Assets that: (i) are concurrently listed for sale or requested for purchase anywhere other than the Web Site in a manner that inhibits your ability to fulfill your obligations under these Terms of Use or (ii) you do not have a right to link to or include; and (f) will not be fraudulent or involve the sale of counterfeit or stolen assets. Furthermore, you agree not to claim that by allowing you to post, sell or purchase an Asset on the Web Site, or by charging you a Transaction Fee, Network International violated any applicable law, statute, ordinance or regulation.

D. System Integrity.

You agree not to use any device, software or routine to knowingly or intentionally interfere or attempt to interfere with the proper working of the Web Site, any listing being conducted on the Web Site, or our Services. You may not knowingly or intentionally take any action that imposes an unreasonable or disproportionately large load on our equipment or infrastructure, or with the intent of disrupting the Web Site. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

E. General Compliance with Laws.

You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services and your bidding on, listing, purchase and sale of Assets.

A. Links to Third Parties' Sites.

This Web Site may contain links and pointers to sites maintained by third parties. Network International does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links and pointers are included solely for the convenience of users, and do not constitute any endorsement, representation, warranty or guarantee by Network International of such third-party sites. You assume sole responsibility and risk for use of such third-party links and pointers.

B. Application Service Providers.

This Web Site may contain pages that are maintained or hosted by third parties, including application service providers (ASPs). Network International does not operate or control, in any respect, any software, hardware, information, products or services associated with or received on these pages on the Web Site, and cannot guarantee the privacy or security associated with these pages.

A. Network International Property.

The Web Site, its content and all intellectual property included therein (including but not limited to copyrights, trademarks and service marks) are owned or licensed by Network International, and all right, title and interest therein will remain the property of Network International and/or its licensees, successors, and assigns. You also agree not to remove or copy any copyright, trademark or other intellectual property or any proprietary notice or legend contained on the Network International Web Site or its content, including the Information.

B. Limited License.

Network International hereby grants you a revocable, nontransferable, nonexclusive, worldwide license to use the Services solely for your internal, commercial use, including use by contractors, consultants and other agents that you have authorized to act on your behalf in accordance with these Terms of Use. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the Information or make any use of the Information that would allow a third party to have access to the Information or to the Services. In addition, you will be responsible for providing all communication lines, telephone/transmission services and all equipment and technology necessary for you to access and use the Services. The foregoing license has been granted to you subject to your agreement to abide by these Terms of Use as well as with any other rules, procedures, terms, and conditions that may be published or displayed from time to time by Network International on the Web Site.

C. User Information.

You enable Network International to use your Information, and to prevent violation of any rights you might have in that Information. You agree to grant Network International a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use the Information solely in connection with the Services and the Web Site, and at all times subject to these Terms of Use.

D. Copyrights and Copyright Agent.

Network International expects its users to respect the intellectual property of others. Network International may, in appropriate circumstances and at its discretion, terminate the use of the Web Site and the Services by users who infringe the intellectual property rights of others. If you believe that your information has been copied in a way that constitutes copyright infringement, please provide Network International's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Web Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Network International's copyright agent for notice of claims of copyright infringement on this Web Site is: Boyd Heath, CEO, and notices can be sent to him by mail at Network International, Inc., 3555 Timmons Lane, Suite 820, Houston, Texas 77027, by fax at 713-850-1077, or by e-mail to: info@networkintl.com .

A. Disclaimers.

YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED, "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR ASSETS PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION INFORMATION ON ASSETS PURCHASED OR SOLD OR INTENDED TO BE PURCHASED OR SOLD BY ANY BUYER OR SELLER BASED, IN ANY PART, ON INFORMATION OBTAINED THROUGH THE SERVICES.

SPECIFICALLY, Network International DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, ASSETS, OR THE SERVICES; 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, 3) ANY WARRANTIES CONCERNING THE ABILITY OF A USER TO PROVIDE OR DELIVER ANY PRODUCT, SERVICE OR ASSET OR TO PAY A USER FOR ANY PRODUCT, SERVICE OR ASSET, AND 4) ANY WARRANTIES OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Network International's SERVICES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Network International is committed to protecting the privacy of the users of the Web Site. However, Network International cannot guarantee the security of any information you disclose online, and you assume sole and complete risk for using this Web Site. Network International is not responsible for the security of any information transmitted via the Internet or any error or delay in transmitting any information over the Internet, including limitations as to authentication and privacy protection measures. You further acknowledge that data or information provided to or by the Web Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostering", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including, without limitation, viruses, worms, and Trojan horses) causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards or may not reach its destination or may reach an erroneous address or recipient.

B. Limitation of Liability.

Our Web Site serves as a venue for Sellers to list and sell Assets and for Buyers to bid for and enter contracts to purchase Assets listed by Sellers. Network International's role in any transaction is limited to providing the services described in the preceding sentence and it is not involved in the actual transaction between Buyers and Sellers. As a result, Network International has no control over the quality, safety or legality of the Assets advertised, the truth or accuracy of the listings or other related content, and the ability of Sellers to sell Assets or the ability of Buyers to buy Assets. We cannot and do not control whether Sellers will complete the sale of Assets they offer or whether Buyers will complete the purchase of Assets for which they have bid.

Because we do not and cannot control the actions of users of the Web Site, in the event that you have a dispute with one or more users, you release Network International and its employees, agents, successors, officers, directors, assigns and affiliates (collectively, the "Network International Affiliates") from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. To the extent allowed, you waive the provisions of any state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 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 THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

IN NO EVENT WILL Network International OR THE Network International AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES). IN NO EVENT WILL Network International's LIABILITY AND THE LIABILITY OF THE Network International AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES OR YOUR USE THEREOF, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (1) ONE THOUSAND DOLLARS ($1,000) , OR(2) THE TRANSACTION FEE ASSOCIATED WITH THE TRANSACTION IN QUESTION, REGARDLESS OF WHETHER Network International OR THE Network International AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY TO ANY THIRD-PARTY CLAIMS AGAINST BUYER OR SELLER. SOME STATES LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

C. Indemnification.

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS NETWORK INTERNATIONAL AND ITS AFFILIATES, FROM AND AGAINST ANY SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY AND ACCOUNTING FEES) ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION BASED UPON (A) YOUR BREACH OF THESE TERMS OF USE; OR (B) YOUR SALE, DELIVERY, PURCHASE OR USE OF ANY ASSET; PROVIDED THAT NETWORK INTERNATIONAL: (I) PROVIDES YOU WITH PROMPT WRITTEN NOTICE OF SUCH CLAIM; (II) PERMITS YOU TO CONTROL THE DEFENSE AND SETTLEMENT OF SUCH CLAIM; AND (III) DOES NOT ENTER INTO ANY SETTLEMENT OR COMPROMISE OF ANY SUCH CLAIM.

A. Network International Right to Terminate.

Network International reserves the right in its sole discretion to refuse the Services to any user at any time. Further, Network International reserves the right to terminate the listing of any Asset at any time with no liability to the Seller or prospective Buyer of such Asset.

WE MAY IMMEDIATELY ISSUE A WARNING, TEMPORARILY SUSPEND, OR TERMINATE YOUR USE AND/OR ACCESS TO THE WEB SITE OR THE SERVICES, AND ANY OF YOUR CURRENT LISTINGS, AND ANY OTHER INFORMATION YOU PLACE ON THE WEB SITE IF YOU BREACH THESE TERMS OF USE OR IF WE ARE UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO US.

B. Your Right to Terminate.

You may terminate your right to engage Network's Services pursuant to these Terms of Use upon 30 days notice to Network International; provided, however, that such termination will not relieve you of any obligations occurring prior to such termination, and immediately upon such termination, you will no longer be authorized to use the Services.

A. No Agency.

You and Network International are independent parties, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

B. Privacy.

Our policies with respect to Information and other data concerning users is set forth in our Privacy Statement, which is incorporated by reference to these Terms of Use. By using the Web Site, you consent to the collection and use of Information and other data in accordance with the Privacy Policy and these Terms of Use.

C. Notices.

Except as explicitly stated otherwise, any notices will be sent via e-mail to info@networkintl.com (in the case of Network International) or to the e-mail address you provide to Network International during the registration process (in your case), or such other address specified via e-mail to info@networkintl.com. Notice will be deemed given 24 hours after E-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Network International during the registration process. In such case, notice will be deemed given three days after the date of mailing.

D. Arbitration.

Any controversy or claim between you and Network International arising out of or relating to these Terms of Use or any transaction related to the same will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Houston, Texas before a single arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Network International may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas, pending the completion of arbitration. Both parties submit to jurisdiction in Texas and further agree that any cause of action arising under these Terms of Use will be brought exclusively in any state or federal court located in Houston, Texas.

E. General.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Network International with respect to the subject matter hereof.

F. Governing Law.

These Terms of Use will be governed in all respects by the laws of the State of Texas, without respect to its conflict of law rules.