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Terms of Use
Last Updated: Aug 24, 2012 03:16PM EDT
Audiogon fees for private users:
-Private Users trading in personal gear.
-Private parties may register, bid, and buy for free.
-Listings items for sale involves a fee.
?-Registration - Free
?-Bidding - Free
?-Use of MyPage - Free
?-Wanted ads - $6.00 each
-Classified Ad - $4.00 each
-Auction Listing - $4.00 each
-Transaction Fee - 2.0% of sale price (minimum $1, maximum $100)
???Use of this service:
The goals of this web site are as follows:
-To provide a venue for buying and selling audio components.
?-To facilitate a means for exchange of dialogue between its' members.
?-To provide information and resources regarding the high-end audio industry.
?-To provide a venue to exchange opinions of high-end audio components.
?-To form a community of audio enthusiasts looking for interaction with other hobbyists.
By registering you are agreeing to use this service (site) for the above purposes only. Audiogon, Inc. reserves the right to terminate any registration, interaction, postings, or listings, at any time for any reason, including but not limited to violations of these terms. If your account has any remaining credit balance at the time of suspension it will be forfeited.
Member responsibilities:
By registering, you agree to the following conditions:?
-Your participation is purely voluntary.
-Your posts to this site will not include vulgarity, adult content, slander, or inaccurate facts.
-You will not use this site for actions that are illegal in your state or in your country.
-You will not use this site to further any interest unrelated to the hobby of high-end audio.
-You will list only those items that you are offering for sale specifically at this website.
-If you list items for sale, you will follow through with commitments you make to other parties.
-If you offer to purchase any items, you will follow through with your commitments.
-If you list or bid on an item in the auction, you agree to our auction rules.
-You agree to conduct yourself in an honest and civil manner.????Audiogon's responsibilities.
- If a buyer is found via Audiogon, you will complete the transaction via Audiogon's checkout process. If it is discovered that you have completed your sale offsite, you will still be subject to the associated transaction fees and repeat instances may result in account termination
The Audiogon agrees to following:
-To keep members' identity confidential, as described in our Privacy Policy.
?-To give one member's information to another only if involved in a mutual transaction.
?-To provide this service only as long as it is economically viable.
Audiogon's Limits of Liability:
Audiogon, its officers, employees, and suppliers will NOT be responsible or liable for any of the following:?
-Any losses incurred by its members as a direct result of their participation at this site.
-Any losses incurred by its members as an indirect result of their participation.
-Any losses incurred by its members as a result of another member's participation.
-Any losses incurred as a result of computer failure, slowdown, or inability to connect.
-Any statements or actions of any of its members, either on this site or elsewhere.
-Loss of any information stored on the Audiogon servers for any reason.
-The satisfaction or lack thereof resulting from purchases made via this service.
-The accuracy or lack thereof in any statements made by its members.
-Bad sound or bad music produced and or sold at this site or elsewhere.????Detailed Terms of the Agreement:
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will post notices on frequently visited areas of this site. This Agreement may not be otherwise amended except in a written form signed by you and Audiogon, Inc. This Agreement is effective on June 15th, 2002 for new registrations, and is otherwise effective on July 15th, 2002 for all users registered prior to June 15th, 2002.
Audiogon is only a Venue:
Our web site acts as a venue to allow eligible members to offer, sell, and buy audio related products via "online auctions" or "classifieds." 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 buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
Information control:
We do not control the information made available by our users that is posted online or otherwise made available through our system. There may be risks involved when relying on the information posted, or transacting with users based upon such information. Any personal information you submit to Audiogon will be subject to our Privacy Policy.
User Identity confirmation:
Audiogon may use techniques to attempt to identify our users when they register to use our site. However, due to the difficulty of verification over the internet, Audiogon can not and does not claim to have confirmed each user's identity as submitted. Members may voluntarily submit a credit card and billing address for confirmation.
Member Disputes:
In case of a dispute with another user, you may participate voluntarily in our online resolution process if, at the sole discretion of Audiogon, a dispute is found to be appropriate for our online Dispute Resolution Process. Audiogon reserves the right to refuse consideration of any disputes filed, or to terminate accounts in case of unreasonable refusal to respond to a dispute.
Release:
In the event of a dispute with one or more users, you release Audiogon, it's officers, employees, agents and suppliers, from all claims, demands, actual or consequential damages of any nature, known and unknown, disclosed and undisclosed, arising from or connected with any such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims with 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".
No Agency:
You and Audiogon are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Warranty:
Audiogon and our suppliers provide this service "as is", without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness of use, 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 which vary from state to state.
Site Accessibility:
Due to the nature of the internet and network connections, we can not and do not guarantee the availability, functionality, or speed of access to this website. We can not and do not guarantee against the loss of information, data, or pictures residing on our computers, resulting from hardware, software, or human error. It is possible that certain users will have faster or more complete access to this website, based upon their geography, computer, or internet connection.
Usage and Interference:
You agree that you will not use any robot, spider, or any other automated or manual process, to monitor, copy, or otherwise publicly display the content on this site without our express written permission. You agree that you will not engage in any activities that pose unreasonable or excessive load on our web site infrastructure. Audiogon reserves the right to deny access, refuse to respond, or otherwise limit usage of this site, for any reason, at any time.
Intellectual Property, Copyrights:
You agree than any images or text you submit to Audiogon were either created by you, or you have the written permission of the owner of such materials. The use of copyrighted materials in any submission to Audiogon without the written permission of the owner is not permitted. These materials would include any text or images from manufacturers websites which are either copied or linked. In essence any images or text not created by you is not permitted. Intellectual propery owners may email support.audiogon.com with the item number or a link to copyright violations and they may expect a reply within 48 hours.
Liability Limit:
In no event shall Audiogon, our subsidiaries, officers, employees, agents, or affiliates be liable for lost profits or any special, incidental or consequential damages arising from or in connection with our site, your use of our site, our services, or this agreement.
Our liability, and the liability of our officers, employees, agents, and affiliates, to you or any third parties in any circumstance is limited to the greater of A) the amount of fees you pay to us in the 12 months prior to the action giving rise to the liability, or B) $100. Some States do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
Indemnity:
You agree to indemnify and hold Audiogon, it's officers, employees, affiliates, agents, and affiliates, harmless from any claim or demand, including attorneys' fees, made by any third party due to your direct or consequential use of this site or breach of these Terms.
Billing and Chargebacks
Audiogon will only address billing disputes made within 30 days of the charge in question. You have 30 days to dispute charges on your account, all discrepancies need to be emailed to
support@audiogon.com . If the dispute is not provided to customer support within 30 days from the original charge date, the member will be responsible for these fees. If applicable Audiogon reserves the right to pass through credit card charge back fee of $45 per incident assessed to Audiogon by the members credit card company. If the charge disputed is determined legitimate by Audiogon the member who has disputed the charge with their credit card company will be responsible for all charge back fees assessed to Audiogon as a result of the dispute. Audiogon encourages the member to email
support@audiogon.com with any billing disputes rather than disputing the charges directly with your credit card company
Termination:
Audiogon, in its sole discretion, reserves the right to terminate this agreement, any particular service offered, any account, listing, or any user's access privileges at any time, with or without prior warning, for any reason including but not limited to: breach of the above terms, failure to follow Audiogon staff direction, failure to complete transactions, abuse of any methods, tools, or services provided, use of profanity, racial slurs, or hate speech and behavior un-befitting a member of the Audiogon community. You may terminate and ask to remove your account, listings, or other saved information at any time for any reason. However, Audiogon reserves the right to maintain a record of your activities after termination of your account.
General:
This Agreement shall be governed by the laws of the State of Michigan as applied to agreements entered into and to be performed entirely within Michigan by Michigan residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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. Audiogon may.
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Customer service
I have no experience in the area of Vicarious liability(liability for the wrong doing of others). This appears to be the terms of an adhesion contract(take it or leave it). Liability limits do not insulate possible tort feasors absolutely. They still have some responsibility to police their members and to act when misconduct is brought to their attention.
LAWS VARY FROM STATE TO STATE. SOME DON'T ALLOW LIMITS ON LIABILITY OR IMPOSE THEIR OWN STATUTORY LIMITS.Check with you states Attorney General Office.