THE FOLLOWING DESCRIBES THE TERMS ON WHICH BEATYOURTRUCK.COM OFFERS YOU ACCESS TO OUR SERVICES/WEB SITE. BY USING OUR WEB SITE, YOU AGREE TO THESE TERMS:

Welcome to the user agreement (the "Agreement" or "User Agreement") for www.beatyourtruck.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of beatyourtruck.com (the "Site") and the general principles for the web sites of any subsidiaries. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the beatyourtruck.com web site.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of beatyourtruck.com. By accepting this User Agreement, you also agree that your use of any part of the beatyourtruck.com web site will be governed by the User Agreement and Privacy Policy.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 1 day after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and beatyourtruck.com. This Agreement is effective upon acceptance in registration for beatyourtruck.com forum members, and is otherwise effective on April 1, 2004 for all users.

1. beatyourtruck.com is a Venue. beatyourtruck.com is not an Auctioneer. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

2. Release. Because we are a venue, in the event that you have a dispute with one or more users, you release beatyourtruck.com (and our officers, directors, agents, subsidiaries, joint ventures 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 waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3. Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using beatyourtruck.com, you agree to accept such risks and beatyourtruck.com is not responsible for the acts or omissions of users on the beatyourtruck.com.

4. Description of item(s) for trade or sale. You must be legally able to sell the item(s) you list for sale on the beatyourtruck.com. You must describe your item and all terms of sale on beatyourtruck.com. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

5. Fraud. Without limiting any other remedies, beatyourtruck.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the beatyourtruck.com.

6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to beatyourtruck.com or any information placed in any public message area (including the beatyourtruck.com web forum), through any Instant Messaging or through any email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography or (g) contain any viruses, (h) create liability for beatyourtruck.com or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. Furthermore, you may not list any item on beatyourtruck.com (or consummate any transaction that was initiated using our web site) that, by completing the transaction, could cause beatyourtruck.com to violate any applicable law, statute, ordinance or regulation. You may only list RC (radio controlled vehicles) related items on beatyourtruck.com.

7. No Warranty.
WE, beatyourtruck.com, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

8. Liability Limit.
IN NO EVENT SHALL WE, beatyourtruck.com, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Resolution of Disputes. In the event a dispute arises between you the partner in the trade/sale, you and beatyourtruck.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved between the buyer and seller, not beatyourtruck.com. beatyourtruck.com will not become a mediator for disputes nor can it be held responsible for the actions of the buyer and/or seller.