Terms of Use | TruckTractorTrailer

Site Usage Terms and Conditions

The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of TruckTractorTrailer.com, Inc’s (“TTT”)'s sites and services (e.g., www.trucktractortailer.com, and any third party marketplace, as well as on-site events to be held by an TTT company or affiliate) (together, the "Site").

TruckTractorTrailer.com, Inc. is a Delaware corporation. TruckTractorTrailer.com, Inc. shall be referred to as "we," "TTT" or “Exchange.”

The Site Usage Terms were last revised on April 9, 2020.

REGISTRATION. Registration is required to use certain features of the Site. TTT reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Buyer Terms and Conditions and Seller Terms and Conditions, respectively. You represent and warrant that (i) all information provided to TTT is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that TTT may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. TTT reserves the right, in its sole discretion, to disapprove of any application to list Equipment and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
LOGIN ID, PASSWORD, SECURITY. You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify TTT immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping;" (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to TTT's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
USER INFORMATION AND PRIVACY STATEMENT. TTT is dedicated to protecting the confidentiality and privacy of your personally identifiable information. Please see TTT's Privacy Statement, located at https://trucktractortrailer.com/privacy and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to TTT's Privacy Statement and, if you're located in the European Union, you expressly consent that TTT may transfer, process and store your personal data within and without the European Union.
THIRD PARTY LINKS. The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by TTT. For example, TTT uses an outside service provider to process credit cards and does not maintain any credit card information. TTT also uses an outside escrow service and does not maintain the financial information of Buyer or Seller. Where TTT provides such third-party links, no representations or endorsements are made in connection with such sites. TTT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Site Usage Terms and TTT's Privacy Statement do not apply to your use of such sites. You expressly relieve TTT from any and all liability arising from your use of any third-party website or services or third-party owned content, including, but not limited to, credit card and escrow processing services. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that TTT is not responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
MODIFICATION AND AVAILABILITY. TTT may, at any time, delete, modify or supplement the content of this Site without prior notice. TTT reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. TTT may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
MONITORING. You agree that TTT has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. TTT is not responsible for the accuracy of any user content posted on the Site and has no obligation to review or remove any user posted content.
SERVICE AVAILABILITY. TTT makes reasonable commercial efforts to make its Services and Site available. However, TTT is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of offers or other aspects of an exchange.
SECURITY. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of TTT or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from TTT is strictly prohibited.
TERMINATION. Without limiting any other remedies, TTT has the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in TTT's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD TTT, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS AND PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING LEGAL AND OTHER PROFESSIONAL FEES) ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SITE, ANY VIOLATION OF THIS AGREEMENT OR ANY OTHER ACTIONS CONNECTED WITH YOUR USE OF OR INTERACTION WITH THE SITE. IN THE EVENT OF SUCH CLAIM, WE WILL PROVIDE NOTICE OF THE CLAIM, SUIT OR ACTION TO THE CONTACT INFORMATION WE HAVE FOR YOU, PROVIDED THAT ANY FAILURE TO DELIVER SUCH NOTICE TO YOU SHALL NOT ELIMINATE OR REDUCE YOUR INDEMNIFICATION OBLIGATION HEREUNDER.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TTT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TTT DOES NOT WARRANT (i) USER CONTENT POSTED TO THE SITE, (ii) THE CONDITION OF ANY EQUIPMENT LISTED ON THE SITE, (iii) THE FINANCIAL CAPABILITIES OF ANY BUYER, (iv) THAT THE SITE WILL MEET ALL OF YOUR REQUIREMENTS; (v) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT KNOWN OR DISCOVERED ERRORS WILL BE CORRECTED; OR (vi) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE OR (vii) WILL MEET YOUR EXPECTATIONS.
3. TTT IS NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL POSTED BY USERS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS FROM A TRANSACTION VIA THE SITE. YOU ACKNOWLEDGE THAT ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TTT’S EMPLOYEES OR AGENTS, OR THROUGH OR FROM THE USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TTT, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF TTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO, OR THE LOSS, CORRUPTION OR ALTERATION OF, YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (iv) TTT’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION OR THE ACCOUNT INFORMATION OF ANY USER OF YOUR APPLICATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE APPLICATION OR THE PLATFORM; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY YOU ACCESS FROM THE SITE, (viii) THE TERMINATION OF AVAILABILITY OF THE SITE; OR (ix) ANY OTHER MATTER RELATING TO THE SITE. IF TTT IS LIABLE FOR ANY DAMAGE AND/OR LOSS IN ACCORDANCE WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, ANY DAMAGES TO BE PAID BY ACCRUIT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATED FEES ACTUALLY PAID TO TTT (NOT TO ANY SELLER OR THIRD PARTY) PURSUANT TO THIS AGREEMENT DURING THE CALENDAR YEAR IN WHICH THE LIABILITY ARISES. ANY RIGHT OF COMPENSATION PURSUANT TO THIS SECTION SHALL BE INVALIDATED IF LEGAL PROCEEDINGS/ACTION TO CLAIM COMPENSATION IS NOT INSTITUTED BY YOU WITHIN TWELVE (12) MONTHS OF THE DAMAGE AND/OR LOSS HAVING ARISEN.
GOVERNING LAW. The Site Usage Terms shall be governed by the laws of the State of Delaware.
AMENDMENT OF SITE TERMS. TTT may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.
NOTICES. Any notice to TTT must be in writing and must be sent via Contact Us. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
MISCELLANEOUS. If any provision of these Site Usage Terms 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 affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by TTT to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, TTT does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.

Copyright Policy

TTT respects the intellectual property of others, and we expect our users to do the same. TTT may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide TTT's copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TTT's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By phone: 844-888-6775

By email: https://trucktractortrailer.com/contact-us

Buyer Terms and Conditions

KEY BUYER POINTS

TTT is a marketplace for a variety of transportation equipment, including but not limited to Trucks, Tractors and Trailers that enables Sellers to list and advertise their items for sale to an audience of Buyers. The actual contract for sale is directly between Sellers and Buyers. TTT is not an auctioneer, but a marketplace for promoting equipment for sale.

Offers placed through the Exchange are binding towards the Seller and cannot be retracted without penalty once a transaction has been agreed to by Buyer and Seller.
You, as the Buyer, are liable for all applicable taxes, duties, value added tax and registration taxes unless the Seller indicates otherwise.
You will pay a $200 refundable deposit for each piece of Equipment that is purchased from Seller while using TTT's Exchange. All other payments are made directly to Seller via a separate escrow service or Buyer’s financial institution and not to TTT.
You will remit full payment for purchased Equipment within fourteen (14) days after the completion of the Purchase Contract, unless Seller grants an extension for financing.
You, as the Buyer, are responsible for inspecting title to the equipment and ensuring that the Seller is delivering title clear of liens to you.
Delivery of the Equipment will take place from the Seller's premises and you are responsible for all title, registration, freight, transportation and all other associated costs.
You agree to take possession of the Equipment no later than ten (10) business days after availability of the Item Release. Failure to do so may result in the cancellation of the contract.

The Key Buyer Points above provide an overview of the terms and conditions for participating as a Buyer in TTT's marketplace and are subject to the complete Buyer Terms and Conditions below.

BUYER TERMS AND CONDITIONS

These Buyer Terms and Conditions ("Buyer Terms") establish the terms of your use of TTT's sites and services (together, the "Exchange") to offer on and purchase equipment and other items ("Equipment"). The listing of items on the Exchange is further referred to as an "Advertisement(s)." TTT, Inc. is a Delaware corporation. The Buyer Terms were last revised on April 7, 2020.

1. ACCEPTANCE OF TERMS. Before you ("Buyer") attempt to buy any Equipment from a Seller through the Exchange, TTT requires that you read and accept the Buyer Terms. BY CHECKING ON THE SPACE NEXT TO "ACCEPT TERMS & CONDITIONS," YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE MARKETPLACE AND PURCHASE OF EQUIPMENT. If you choose not to accept the Buyer Terms, you may not offer on or purchase Equipment by means of the Exchange. If you have any questions, please Contact Us

2. TTT'S SERVICES

2.1. Services of TTT. Under the terms of this Agreement, TTT offers you the use of the Exchange, which functions as a platform on which Sellers can list and advertise Equipment for sale to potential Buyers. Each party is acting on its own behalf, and TTT is not a party to the subsequent Purchase Contract for Equipment that is entered into between a Seller and a Buyer. TTT does not represent either party in the conclusion of such Purchase Contract.

2.2. Advertisement Period. For select listings, the period during which offers can be placed on Equipment shall be determined by the Seller. For all other listings, the period during which offer can be placed on Equipment shall be determined solely by TTT.

2.3. Transaction Completion. By shopping, becoming aware of Equipment and negotiating a Purchase Contract with a Seller on the Exchange, you hereby agree to complete the transaction through the Site and abide by its Terms and Conditions.

2.4. Buyer Conduct. Any deliberate attempt to artificially influence the sales price, directly or indirectly, by any user is prohibited, including offering through a secondary account, agent or representative on Equipment that you may be selling, communicating with other Buyers, attempting to reach or influence the Seller directly (not through the Exchange).

2.5. Binding Offer to Purchase. You acknowledge and agree that offering on the TTT Exchange is the legal equivalent of a firm commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or regulation or the Buyer Terms, once placed an offer may not be retracted and you are obligated to complete the transaction. If you submit an offer on the Equipment and (a) the offer is accepted by the Seller ; or (b) the Seller proposes a counter offer and you accept, the deal is contractual. Otherwise, your obligation to complete the transaction will expire two (2) business days after it was submitted or upon acceptance of another offer by the Seller, whichever occurs first.

2.6. Declining and Countering Offers. You may submit an offer for less than the Asking Price. The Seller has the option, but not the obligation, to accept, decline or counter each offer submitted. In the event that the Seller counters your offer ("Counter Offer"), you have up to two (2) business days to accept. Counter Offers may be automatically rescinded earlier than two (2) business days when (a) the Seller issues another Counter Offer; or (b) the Seller accepts another offer, but in no event shall a Counter Offer be rescinded after it is accepted by you.

2.7. Winning Offers. TTT is the final judge for the determination of winning offers ("Final Sale Price" or "Final Selling Price"). Nonetheless, TTT shall not be liable for any errors or omissions relating to such determination, whether by TTT, the Seller or another third party. Before TTT can establish the winning offer for Make Offer listings, (a) your offer must be accepted by the Seller; or (c) you must receive and accept a Counter Offer. After the winning offer is established, a purchase contract between you and Seller is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. You will be required to submit, by credit card, a “Refundable Deposit” in the amount of $200, as consideration for the transaction. This evidences your commitment to move forward with the Seller. This Refundable Deposit will be returned to you when you successfully complete a verified transaction with the Seller, or if the transaction is not completed due to inaction by the Seller. You and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Exchange. TTT DOES NOT GUARANTEE THAT OFFERS PLACED ON THE MARKETPLACE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

2.8. Voiding Offers. TTT reserves the right to reject or void offers, whether winning or not, which it believes, in its sole discretion, (a) have not been made in good faith, (b) are intended to manipulate the listing process, (c) are fraudulent, or (d) are prohibited by any applicable law or regulation.

2.9. Postponement and Cancellation. TTT reserves the right to withdraw, postpone or cancel any listing, or any sale that results from a listing, in its own discretion, with or without notice. TTT shall have no liability to you as a result of any withdrawal, postponement or cancellation.

2.10. Intellectual Property. TTT owns all right, title and interest in and to all data that is generated by the Exchange, including, without limitation, data that is generated during a listing.

2.11. Notification of Assignment of Rights. If you are in the United States, TTT hereby notifies you that the consigners of certain pieces of Equipment may have assigned to a qualified intermediary their rights, but not their obligations, for purposes of effecting a deferred Like-Kind Exchange under section 1031 of the United States Internal Revenue Code of 1986, as amended, and applicable regulations.

2.12. California Diesel Vehicle Regulation. The following disclosure applies to self-propelled, diesel-fueled vehicles twenty-five (25) horsepower and greater: "An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It, therefore, could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm

3. FEES and DEPOSITS

3.1. Refundable Deposit. For each piece of Equipment purchased from the Seller through the Exchange, you agree to pay a Refundable Deposit ("Refundable Deposit"). This evidences your commitment to move forward with the Seller. This Refundable Deposit will be returned to you in the form of a credit card reversal or a check when you successfully complete a verified transaction with the Seller, or if the transaction is not completed due to inaction by the Seller. TTT may change or add the deposit from time to time, in its sole discretion, with or without notice to you. The Refundable Deposit terms are as follows:

Buyer’s Refundable Deposit	$200
Payment Terms	Via credit card upon finalization of Purchase Contract
Buyer cancels transaction within 24 hours	Full refund of Refundable Deposit to Buyer
Seller cancels transaction within 14 business days	Full refund of Refundable Deposit to Buyer
Transaction is completed and documented on the site	Full refund of Refundable Deposit to Buyer

3.2. Final Payment Through Third Party Escrow Agent. If you choose to complete your payment to Seller directly and/or are not using a third party financial source, you shall remit payment of the Purchase Contract price, plus any Additional Fees previously disclosed by the Seller, through our third party escrow account for the protection of parties to the transaction. The escrow account is operated by our third party escrow agent, Escrow.com and NOT TTT. The terms and conditions of the use of the escrow services are HERE. Buyers must tender payment via wire transfer to the escrow account. Any foreign currency exchange fees or charges are your responsibility as the Buyer. All amounts that are due and payable must be paid prior to releasing of the title and any Equipment for pick-up or transport.

3.3. Tax. Seller has been instructed to disclose any additional fees and taxes that would be added to the Purchase Contract Price. The Seller is liable for any undisclosed taxes.

3.4. Payment Authorization. In order to establish offering privileges on the Site, you understand and agree that TTT, through its third-party payment processor, reserves the right, in its sole discretion, to request a Zero Dollar Value authorization check on your credit card as part of verifying your identity. In connection with your purchase, the third party payment processor will ask you to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer. TTT does NOT maintain or store this information. When directed to TTT's third-party payment processor(s) and escrow agent you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. It is your responsibility to review such terms and conditions and privacy policy before using the services. The terms and conditions of the use of the escrow services are HERE.

4. COMPLETION OF TRANSACTIONS

4.1. Transaction Completion Procedure - For direct Buyers not using Bank or third party financing entities. Upon Item Release, Buyer and Seller will be sent an email communicating each other’s identity and contact information. Buyer will also receive a “Payment Release Code” which will be used to complete the final funding upon your approval. It is the responsibility of the Buyer to contact Seller to arrange for clear title transfer and Equipment pickup/delivery..

TTT recommends the following process Buyer and Seller to complete a transaction:

a) Buyer contacts Seller to confirm address, arrange for title transfer and finalize delivery method (3rd party or direct)

b) Buyer ensures that Seller is delivering title clear of any liens

c) Seller transfers title to Buyer by overnight delivery or upon delivery if in person.

d) Buyer releases funding to Seller by visiting Buyer’s Deal page on the TTT website and texting, emailing or verbally communicating the Payment Release Code to Seller.

e) For Escrow transactions, Seller enters the Payment Release Code on Seller’s Deal Page to release final payment from Escrow.

f) The Escrow Agent will fund Seller’s account through instructions previously issued by Seller.

g) Seller delivers the Equipmentor to the Buyer or to the agreed upon third party delivery service

These steps may be concluded over several days or in person

4.2. Title Transfer Agent and Equipment Delivery Company. Buyer or Seller may choose to use their own preferred Title Transfer Agent or Delivery Company; or complete these steps themselves.

4.3. Title. Buyer is responsible for reviewing title for any liens or judgement and ensuring Seller obtains sufficient releases to allow you to obtain clear title to the property. This should be completed before title transfer. Title can be transferred before or simultaneous to delivery of the Equipment from Seller to Buyer or Buyer’s agent, as Buyer and Seller mutually agree. Following Item Release Buyer and Seller will have each other’s contact information to communicate on title issues. TTT is NOT liable or responsible in any way for the validity of title or the existence or removal or any liens or judgements.

4.4. Liens and Encumbrances. Any known lien or encumbrance will be notated on the Exchange to ensure the Buyer is aware when an offer is made. TTT is not obligated to perform a title search, and the information on the Exchange may be incomplete or inaccurate. All amounts that are due and payable must be paid prior to releasing of the title and any Equipment for pick-up or transport. It is Buyer’s sole responsibility to ensure the Seller has cleared the liens and encumbrances on the Equipment listed on the Exchange prior to transfer.

4.5. Removal of Equipment. As per the Purchase Contract, Seller shall deliver the Equipment from Seller's premises. You are responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the Equipment Listing. You shall remove the Equipment from Seller's premises no later than ten (10) business days after availability of the Item Release unless otherwise stated in the Equipment Listing.

4.6. Liability for Equipment. The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and never of TTT) until the earlier of: (a) your removal of the Equipment (or removal of the Equipment by your designated transportation provider); or (b) receipt by Seller of all proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of you or your designated transportation provider (and in no event TTT).

4.7. Failure to Deliver Equipment. If the Seller is unable to make the Equipment deliverable within ten (10) days of the Item Release, the Purchase Contract will be cancelled and, your sole remedy as Buyer is that Seller will pay the Transaction Fee to you as a penalty. TTT's sole liability, if any, shall be to remit to you the Seller’s penalty paid to TTT.

4.7. Default. If by the later of (i) fourteen (14) business days after conclusion of the Purchase Contract to a secure payment escrow account designated by TTT, or (ii) an extension of the payment timeframe extended by Seller through the Exchange to allow for financing, you have not made full payment of the Purchase Contract Price and all other applicable fees to Seller, you are in default and the Purchase Contract may be terminated. TTT is entitled to retain some or all of the Refundable Deposit as detailed herein. All default transactions will be factored into the Buyer rating on the Exchange.

4.8. Abandoned Equipment. Unless Seller is in default of the Purchase Contract or otherwise stated in the Equipment Listing or your written communications with Seller, your failure to claim and remove Equipment within ten (10) business days following the Item Release is deemed to be evidence of your intention to abandon the Equipment, and Seller may take action that is adverse to your interest in the Equipment, including, but not limited to, any appropriate steps under the law to dispose of the Equipment and charge any storage costs to you.

4.9. Freight and Transportation. You are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include dismantling, special handling, loading, transportation costs and permits required to move the Equipment. You may arrange transportation of Equipment on the Exchange with one of TTT’s transportation partners; however, TTT shall NOT be liable for any acts or omissions arising from any transportation arrangements.

4.10. Export. You are advised to have all such certificates and permits issued and completed prior to transporting the Equipment otherwise you may be subject to clearing, permit, and/or other payments if the Equipment is stopped and held at a port of entry to a state, province or country. If you are in the United States and plan to export Equipment through U.S. Customs we, on behalf of Sellers, recommend that you engage the services of a U.S. forwarding agent to prepare documents that are required by U.S. Customs Control. These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary Shipper Export Declaration (SED) and filing the Automated Export System (AES) record. For a fee, TTT can provide equipment invoices or a notarized Bill of Sale to facilitate exports. TTT cannot provide Manufacturing Statements of Origin (MSO's) on used equipment bought on the Exchange nor can TTT be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.

4.11. Finalization of the Transaction. You shall provide all relevant shipping information with respect to the transaction by uploading the bill of lading and other requested documents by means of the Exchange, in order to prove that you have fulfilled your obligation to take possession of the Equipment under the Purchase Contract.

5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

5.1. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH TTT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, WHERE IS," NEITHER SELLER NOR TTT MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELLER NOR TTT MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER DELIVERY. TTT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE. FOR SALES OF EQUIPMENT SALES WILL NOT BE INVALIDATED DUE TO INACCURACIES NOR SHALL TTT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS BE HELD LIABLE AS A RESULT OF DEFECTS OR INACCURACIES IN THE LISTING CATALOG. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO VERIFY ALL EQUIPMENT INFORMATION PRIOR TO ANY BIDDING.

5.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TTT OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF TTT OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TTT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE MARKETPLACE EXCEED, IN THE AGGREGATE, $100.00.

5.3. Indemnity. You agree to defend, indemnify and hold harmless TTT, its affiliated companies and their respective officers, directors, employees, agents, attorneys successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs), made by any third party due to or arising out of (a) your breach of this Agreement, (b) your improper use of the Exchange, including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Exchange, or (c) your violation of any law or the rights of a third party. Furthermore, you agree to defend, indemnify and hold TTT and its Seller harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during your or your agent's inspection of property, your or your agent's presence at a Seller's site or resulting from the sale, removal, use or operations of the purchased property. TTT shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that TTT, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.

5.4. Release. In the event that you have a dispute with one or more users of TTT's Exchange, you release TTT (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) 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. If you are a California resident, you expressly waive any rights you may have under 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."

6. LEGAL DISPUTES

6.1. Contracting Entity. You are contracting with TruckTractorTrailer.com, Inc. (the "Contracting Entity"), a Delaware corporation.

6.2. Governing Law; Jurisdiction and Venue. For disputes between you and TTT, Inc., this Agreement shall be governed by the laws of the State of Delaware.

6.3. Dispute Resolution and Arbitration. In the event of a dispute between you and TTT, you agree to attempt to resolve the dispute with TTT's Contact Center for a period of at least ten (10) business days before taking any other action. Following such period, you and TTT agree that any dispute, claim or controversy arising out of or relating to the Agreement shall be settled by binding arbitration.

6.3.1. Single AAA Arbitration. All disputes which arise out of or in connection with this Agreement with TTT, Inc. shall be arbitrated and finally resolved through the American Arbitration Association ("AAA") in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration shall be Morristown, New Jersey. In any arbitration, the parties and the AAA shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator shall be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

6.3.2. Power of Arbitrator. The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorney's fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

6.4. Improperly Filed Legal Disputes. Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.

7. TERMINATION. Without limiting any other remedies, TTT shall have the right to terminate your access to the Exchange at any time, without notice, in TTT's sole discretion for any reason, including, without limitation, if TTT (a) determines that you have violated this Agreement, or (b) is unable to verify your bidder information. If you become dissatisfied with the Exchange, in any way, your only recourse is to immediately discontinue use of the Exchange.

8. AMENDMENT OF BUYER TERMS. TTT may, in its sole discretion, change, modify, add or remove any portion of the Buyer Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on the Exchange, which you agree is sufficient notice to you. Once posted such changes shall come into full force and effect. Your continued use of the Exchange after changes are posted will constitute your agreement to such changed Buyer Terms. The Buyer Terms may not be otherwise amended except in writing signed by both you and TTT.

9. EXPORT CONTROL. As applicable, all Equipment is subject to U.S., Canadian, and other foreign export control laws and regulations, including but not limited to, the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Department of Treasury Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State. TTT will not allow participation from any person nor allow sales or shipments in violation of U.S. export and re-export control laws and regulations, including EAR, OFAC, and ITAR. You represent that you are not restricted from purchasing Equipment by any such laws and that you shall not take any actions in violation of these laws and regulations or, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Equipment to any destination, entity, or person prohibited by these laws and regulations, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

10. NOTICES. Any notice must be in writing and must be sent via email to Contact Us and by registered mail or overnight courier to TruckTractorTrailer.com, Inc., 56 Bellvale Road, Mountain Lake, NJ 07046, Attn: Chief Executive Officer. Any notice to you shall be given by email to the email address provided to you during registration as an Approved Bidder, or as subsequently updated by you, or via posting on the Exchange, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Exchange. If you change your email address, you are responsible for updating your account profile.

11. PRIVACY. TTT's Privacy Statement, located at https://trucktractortrailer.com/privacy, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in the United States.

12. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written. In the event of any conflict between the Buyer Terms and the Site Usage Terms and Conditions, the Buyer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without TTT's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for TTT to assign this Agreement, you hereby appoint the officers of TTT as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.

Seller Terms and Conditions

KEY SELLER POINTS

Offers placed through the Exchange are binding towards the Seller and cannot be retracted without penalty.
You agree to make the Equipment and clear title available for transfer no later than ten (10) business days after the transaction has been completed. Failure to do so will result in the cancellation of the contract and result in a penalty of 5% of the Purchase Contract price.
The Seller is liable for the Transaction Fee and all applicable taxes, duties, value added tax, delivery fees and registration taxes unless you, the Seller, indicates otherwise.
You will be charged for full payment of the Transaction Fee upon completion of the purchase transaction and receipt of its proceeds.

The Key Seller Points above provide an overview of the terms and conditions for participating as a Seller in TTT's marketplace and are subject to the complete Seller Terms and Conditions below.

SELLER TERMS AND CONDITIONS

These Seller Terms and Conditions ("Seller Terms") establish the terms of your use of TTT's sites and services (together, the "Exchange") to offer on and purchase equipment and other items ("Equipment"). The listing of items on the Exchange is further referred to as an "Advertisement(s)". TTT, Inc. is a Delaware corporation. The Seller Terms were last revised on April 9, 2020.

1. TTT'S SERVICES

1.1. Services of TTT. Under the terms of this Agreement, TTT offers you the use of the Exchange, which functions as a platform on which you can list and advertise Equipment for sale to potential Buyers ("Buyers"). Each party is acting on its own behalf, and TTT is not a party to the subsequent purchase contract for Equipment that is entered into between you and the Buyer. TTT does not represent either party in the conclusion of such purchase contract.

1.2. Exclusive Listings Preferred. TTT should be the exclusive listing site for Equipment you list. By entering into a listing agreement for use of the Exchange, you hereby extend an offer to sell the Equipment, as applicable, (a) to a Buyer who submits the highest offer or Asking Price, or (b) to a Buyer who commits to purchase Equipment at the Negotiated (Offer/Counter-offer) Price.

1.3. Transaction Completion. By listing Equipment and negotiating a Purchase Contract with a Buyer on the Exchange, you hereby agree to complete the transaction on the Site and pay all fees due as stated in these Terms and Conditions.

1.4. No Guarantee on Proceeds. There is no guarantee as to the gross proceeds that may be realized from a listing on the Exchange. You may not manipulate the bidding offers in any way, including bidding offering on your own Equipment, to artificially raise the final sales price. In the event of price manipulation, TTT will (a) ban you from future use of the TTT Exchange, (b) cancel any involved transaction(s).

1.5 Authorization to Use Marks. In connection with your use of the Exchange, you agree that TTT may use your name, trademark, logos, service marks and other designations ("Marks") to list you as a reference customer and to advertise, promote and market the Equipment. You hereby grant to TTT, and represent and warrant that you have a right to grant, a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing emails to potential Buyers that incorporate Marks.

2. FEES

2.2 Listing Fees. The following fee schedule (the “Listing Fees”) will apply to your listing of Equipment for sale (the "Equipment"). For additional details on services please examine the website at www.trucktractortrailer.com.

Trucks
Basic listing	$150
360	$250, Includes quality photo and video gallery
360+	$500, Includes quality photo and video gallery, mechanical inspection, and extended warranty offer, if applicable

Trailers & Buses
Basic listing	$50
360	$150, Includes quality photo gallery
360+	$400, Includes quality photo and video gallery, mechanical inspection, and extended warranty offer, if applicable

2.3. Transaction Fee. For each piece of Equipment Listed by Seller and purchased by any Buyer through the Exchange, you agree to pay a transaction fee ("Transaction Fee"). TTT may change or add fees from time to time, in its sole discretion, with or without notice to you. Any nonpayment of transaction fees by Seller from assets listed on the site and sold to Buyers originating from the site will result in potential Seller suspension or elimination from the site. The Transaction Fee terms are as follows:

Transaction Fee	5% of Purchase Contract Price
Payment Terms	Via credit card upon funding of transaction. Invoicing permitted for specified Sellers
Seller cancels transaction after 24 hours	2% of Purchase Contract Price
Buyer cancels transaction after 24 hours	No fee

2.4. Payment Schedule. The Transaction fee is due to TTT upon funding of the Transactions. You shall remit any Transaction Fees by credit card. Certain Sellers will qualify for invoicing and payment terms based on volume transacted on the site. To ensure any you are able to settle the Transaction Fee, TTT will require a valid credit card to be entered upon listing and will pre-authorize the credit card for the amount of the Transaction Fee when the Purchase Contract is concluded, as described below.

2.5. Payment Pre-Authorization. In order to establish offering privileges on the Site and to ensure payment, you understand and agree that TTT, through its third-party payment processor, reserves the right, in its sole discretion, to request an authorization check on your credit card as part of verifying your identity and or establishing your ability to pay. In connection with your purchase, the third party payment processor will ask you to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer. TTT does NOT maintain or store this information. When directed to TTT's third-party payment processor(s) and escrow agent you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. It is your responsibility to review such terms and conditions and privacy policy before using the services. The terms and conditions of the use of the escrow services are HERE.

2.6. Payment of Transaction Fee Through Third Party Escrow Agent. Seller may receive payment of the Purchase Contract price through a third party escrow account for the protection of parties to the transaction. The escrow account is operated by our third party escrow agent, Escrow.com and NOT TTT. The terms and conditions of the use of the escrow services are HERE. Sellers receiving payment through escrow will automatically have their Transaction Fee deducted from the final remittance payment and paid to TTT. In this case TTT will not charge your credit card as stated above and/or you will receive an invoice marked as paid. All amounts that are due and payable by Buyer must be paid prior to releasing of the title and any Equipment for pick-up or transport.

2.7. Payment of Proceeds if by Escrow. After the Purchase Contract is concluded between you and Buyer, TTT will generate a third party invoice that is issued to Buyer on your behalf. Buyer is responsible for remitting the agreed-to cost of the equipment plus any associated fees to a third party escrow account designated by TTT. You agree that no monies shall be payable to you until paid by the Buyer. Once received by the third party escrow account, any monies due to you shall be disbursed within five (5) business days after the Buyer provides a Payment Release Code to you, which you then provide to the third party escrow company. You acknowledge that Buyers may fail to perform or pay on a timely basis and that TTT shall not have any liability to you for any act or omission of Buyers.

2.8. Taxes. You shall be responsible for the payment of any tax or duty that is your responsibility as a Seller of the Equipment.

3. COMPLETION OF TRANSACTIONS

3.1. Conclusion of Purchase Contract; Bill of Sale. After the Buyer has committed to purchase the Equipment and you have agreed to sell the Equipment, a purchase contract between you and Buyer is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. Buyer and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Exchange. Subject to your receipt of payment for the Equipment, you at your own expense shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment clear of liens to Buyer. The Equipment listing will only show your "TTT Seller ID," but not your formal identity, business name and/or address details. This information will only be provided to Buyer at the conclusion of the Purchase Contract.

3.2. Clear Title and Equipment Availability. Subject to the escrow agent’s receipt of Buyer’s full payment and Buyer's completion of any additional, required documents, you agree to have the Equipment available for transportation, complete with ignition key and a clear title clear of liens to the Buyer no later than ten (10) business days after Item Release. Following escrow agent’s receipt of Buyer’s full payment, Buyer and Seller will have each other’s contact information to communicate on title and Equipment delivery issues. TTT is NOT liable or responsible in any way for the validity of title or the existence or removal or any liens or judgements.

3.3. Transaction Completion Procedure - For direct Buyers not using Bank or third party financing entities. Upon escrow agent’s receipt of Buyer’s full payment, Buyer and Seller will be sent an email communicating each other’s identity and contact information. Buyer will also receive a “Payment Release Code” which will be used to complete the final payment upon Buyer’s receipt of title clear of liens. It is the responsibility of the Buyer to contact Seller to arrange for clear title transfer and Equipment transfer.

TTT recommends the following process Buyer and Seller to complete a transaction:

a) Buyer contacts Seller to confirm address, arrange for title transfer and finalize delivery method (3rd party or direct)

b) Buyer ensures that Seller is delivering title clear of any liens

c) Seller transfers are clean ( see below), assigns title to Buyer by overnight delivery or delivers title or hands title to Buyer upon delivery if in person.

d) Buyer releases funding to Seller by visiting Buyer’s Deal page on the TTT website and texting, emailing or verbally communicating the Payment Release Code to Seller.

e) Seller enters the Payment Release Code on Seller’s Deal Page to release final payment from Escrow.

f) The Escrow Agent will fund Seller’s account through instructions previously issued by Seller. Funded amount will be reduced by the Transaction Fee due to TTT mentioned above.

g) Seller then delivers the Equipment or releases the Equipment to the agreed upon third party delivery service

These steps may be concluded over several days or in person.

3.4 Seller Default Fee. If you fail for any reason to (i) deliver title clear of liens, or (ii) release the Equipment to the Buyer no later than ten (10) business days after Item Release, you will be subject to a Seller Default Fee of 5% of the Purchase Contract price. The Seller Default Fee will be charged to your credit card on file. If you do not pay the Seller Default Fee, you agree that you are liable to TTT for (i) the Seller Default Fee, (ii) interest at the rate of 1.5% per month, or the maximum allowed by law, and (iii) any costs of collection including attorney’s fees and court costs. The Seller Default Fee is in addition to any other remedy TTT or Buyer may have under law.

3.5 Risk of Loss. The responsibility and risk of loss for Equipment shall be and remain with you (and not TTT or Buyer) until the earlier of: (a) the removal of the Equipment from the posted Equipment location by Buyer or Buyer's designated transportation provider or (b) receipt by you of all proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of Buyer or Buyer's designated transportation provider (and not TTT or you). All defaults by the Seller will reflect on the Seller’s rating within the Exchange.

3.6. Specific Performance. In addition to any other remedies that may exist, if you cancel a listing within the ninety (90) day exclusivity period, or fail to have the Equipment available for transportation no later than two (2) business day following the conclusion of the Purchase Contract with Buyer, you hereby acknowledge and agree that Buyer may seek enforcement of the Purchase Agreement by means of specific performance or injunction, without any requirement to post a bond or other security.

3.7. Compliance. The Equipment shall be in compliance with all Federal and State regulations regarding emissions, safety or any other regulations as required by law. Titled items must have a legible VIN or other I.D. as required by law. You will disclose to TTT and Buyer any and all modifications or omissions to the aforementioned Federal and State regulations including whether the item has been salvaged, reconstructed, or damaged in a flood.

4. EQUIPMENT LISTINGS.

4.1. Illegal Items. You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. TTT reserves the right, in its sole discretion, to (a) refuse to list any piece of Equipment at any time; (b) withdraw any Equipment listing from the Exchange; (c) review and verify a listing's information and description; or (d) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable authorities. The information you provide during the Equipment listing process, combined with the Inspection Report, constitute the listing details for the Equipment ("Equipment Listing"). You agree to fully, completely and accurately disclose to TTT and Buyer all information relating to the Equipment of which you are aware. Any information (including brand name or other indication of origin or manufacture) that you provide related to the Equipment must be complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Equipment Listings on the Exchange may not include links to or a description of other items that you may have for sale outside of the Exchange.

4.2. Equipment Listing Information. The Equipment listing will only show your "TTT Seller ID," but not your formal identity, business name and/or address details. You agree that you will NOT list your formal identity, business name and/or address details in the Equipment listing. A violation of this term will result in your listing being removed from the exchange without refund of any listing fee(s).

4.3. Seller Good Faith Disclosures. When configuring your listing you must disclose any taxes or fees that you intend the Buyer to pay in addition to the negotiated deal price. They will be displayed in your vehicle listing and, later, in the Deal Summary invoice. If you fail to disclose any taxes or fees, you should be willing to pay fees from your transaction proceeds. Fees may include sales, state, local or county taxes, F.E.T., title or document fees or any other fees that you must collect in the normal course of business. Owner/Operators and other Sellers that do not buy and sell vehicles in the normal course of business are typically not required to charge tax. TTT assumes no responsibility or liability for identifying, tracking, collecting or paying any taxes or fees.

5. INSPECTIONS; RESTRICTIONS ON USE

5.1. Equipment Inspections. For all requested inspections, you agree to permit Buyer and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the listing agreement or as otherwise mutually agreed. TTT strongly encourages inspections of equipment before placing Equipment on the Exchange, though they are not required.

5.2. Restrictions on Use of Equipment. From the time you provide Listing Details to the Exchange until the Equipment is removed from its location by or on behalf of the Buyer following conclusion of a Purchase Contract, you may not operate, lease, rent, modify or alter the Equipment.

6. LIENS

6.1. Disclosure of Liens. You are responsible for making full disclosure to potential Buyers of all liens, adverse claims and other title encumbrances and third party interests that may exist on or pertain to your Equipment. You are responsible for delivering title clear of all liens to Buyer. You will at your own cost and expense warrant and defend title to the Equipment on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. TTT is NOT liable or responsible in any way for the validity of title or the existence or removal or any liens or judgements.

6.2. Government Liens and Judgements. If any government body, including but not limited to tax administrations, or private entity holds a lien or encumbrance on the Equipment, then you shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens.

7. YOUR OPTIONS AFTER BUYER DEFAULT. If the Buyer fails to pay in accordance with the Purchase Contract, the Buyer is considered to be in default. In the event of a Buyer default, you may at your own risk and account rescind the Purchase Contract with Buyer after which you may elect any one of the following options:

7.1. Offer Equipment to the Second Highest Bidder. If there was more than one bidder for the defaulted Equipment, you may elect to offer the Equipment to the second highest bidder. If the second highest bidder accepts, a Purchase Contract for the Equipment will be concluded by the Exchange, and you will receive proceeds based on that second bidder's highest bid, less any applicable commissions and fees payable to TTT;

7.2. Re-list the Equipment. The equipment will remain listed and the “Sale Pending” flag will be removed. In such case, all other terms and conditions continue to apply; or

7.3. Withdraw the Equipment. You may elect, without penalty, to withdraw the Equipment from listing on the Exchange.

8. REPRESENTATIONS AND WARRANTIES. You represent and warrant that: (a) no Equipment shall be fraudulent, stolen or counterfeit, (b) you are duly authorized to enter into the listing agreement, (c) you are solvent and have not made any assignment, proposal or other proceeding for the benefit of your creditors, and (d) you own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances, except as otherwise disclosed by you to TTT in writing.

9 DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

9.1. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH TTT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TTT MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TTT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF BUYERS OR OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE. NEITHER TTT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS SHALL BE BE HELD LIABLE AS A RESULT OF BUYERS ACTIONS OR INACTIONS OR ANY FRAUDULENT BEHAVIOR. IT IS THE SELLER’S SOLE RESPONSIBILITY TO VERIFY ALL PAYMENTS PRIOR TO RELEASING ANY EQUIPMENT.

9.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TTT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF TTT OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TTT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE MARKETPLACE EXCEED, IN THE AGGREGATE, $100.00.

9.3. Indemnity. You agree to defend, indemnify and hold harmless TTT, its affiliated companies and their respective officers, directors, employees, agents, attorneys successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs), made by any third party due to or arising out of (a) your breach of this Agreement, (b) your improper use of the Exchange, (c) the equipment, including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Exchange, or (d) your violation of any law or the rights of a third party. Furthermore, you agree to defend, indemnify and hold TTT harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during any inspection of property, your or Buyer’s or Buyer’s agents presence at yoursite or resulting from the sale, removal, use or operations of the purchased property. TTT shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that TTT, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.

9.4. Release. In the event that you have a dispute with one or more users of TTT's Exchange, you release TTT (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) 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. If you are a California resident, you expressly waive any rights you may have under 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."

10. INTENTIONALLY LEFT BLANK

11. LEGAL DISPUTES

11.1. Contracting Entity. You are contracting with TruckTractorTrailer.com, Inc. (the "Contracting Entity"), a Delaware corporation.

11.2. Governing Law; Jurisdiction and Venue. For disputes between you and TTT, Inc., this Agreement shall be governed by the laws of the State of Delaware.

11.3. Dispute Resolution and Arbitration. In the event of a dispute between you and TTT, you agree to attempt to resolve the dispute with TTT's Contact Center for a period of at least ten (10) business days before taking any other action. Following such period, you and TTT agree that any dispute, claim or controversy arising out of or relating to the Agreement shall be settled by binding arbitration. All disputes which arise out of or in connection with this Agreement with TTT, Inc. shall be arbitrated and finally resolved through the American Arbitration Association ("AAA") in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration shall be Morristown, New Jersey. In any arbitration, the parties and the AAA shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public; (b) the arbitrator shall be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment; (c) the arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages; and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

11.4. Power of Arbitrator. The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorney's fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE, AND IF NOT COMMENCED TIMELY SHALL BE PERMANENTLY BARRED.

11.5. Improperly Filed Legal Disputes. Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.

12. TERMINATION, RESCISSION AND DEFAULT. TTT shall have the right, in its sole discretion, to terminate this Agreement in whole or in part in the event (a) there are liens, encumbrances or adverse claims on or to any Equipment in addition to those that are listed in the listing agreement, (b) your net proceeds are insufficient to discharge creditor claims and pay TTT's fees after title is cleared, (c) your lien holders are unwilling to release liens and/or allow Equipment to be listed for sale, (d) you are in breach of the Agreement, (e) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration or Listing process or thereafter, (f) you have violated applicable laws, regulations or third party rights, (g) TTT believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, TTT personnel or third parties, or (h) for fraud prevention, risk assessment, security or investigation purposes. In the event of such termination, in addition to any other remedies available to TTT, TTT will retain any listing fee incurred by the Seller.

13. AMENDMENT OF SELLER TERMS. TTT may modify, add or remove any portion of the Seller Terms from time to time, in its sole discretion, with or without notice to you, by posting such changes on the Exchange. Once posted such changes shall come into full force and effect; however no change in commissions and fees payable to TTT in consideration for using the Exchange shall apply retroactively to Equipment already subject to a listing agreement. In addition to other forms of acceptance, use of the Exchange constitutes acceptance of these Seller Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to Seller Terms.

14. NOTICES. Any notice must be in writing and must be sent via email to Contact Us or by telephone at 844-888-6775. Notice to you must be in writing and shall be sent to the address provided by you in the listing agreement. Notice shall be deemed to have been given upon three (3) business days after posting by registered mail or one (1) day after delivery to an overnight courier. If you change your address, you are responsible for providing an updated address to TTT.

15. PRIVACY. TTT's Privacy Statement, located at https://trucktractortrailer.com/privacy, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in the United States.

16. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of a conflict between the Seller Terms and the listing agreement, the listing agreement shall control. This Agreement supersedes and replaces the terms in any Seller purchase order or other ordering document, and such documents shall be of no force or effect. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without TTT's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for TTT to assign this Agreement, you hereby appoint the officers of TTT as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.