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Commercial Users:
Terms of Use |
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Audiogon fees for Commercial
users |
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This Commercial program is designed as an introductory experience for advertisers who need only a few ads per month (generally 10 or less). You should upgrade to a more cost effective marketing program with additional features if you plan on posting more than ten ads per month. Please contact marketing@audiogon.com for additional information.
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Free |
| Bidding |
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Free |
| Use of MyPage |
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Free |
| Classified Ad |
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$15.00 each |
| Auction Listing |
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$15.00 each |
| Sales Commission |
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None |
After reviewing the agreement below, we invite you to register a user name and password. Once the application is submitted, you can immediately enjoy marketing and advertising your products to the largest audio community in the world.
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| In order to register,
you must meet all of the following criteria:
You are at least 18 years of age.
-You are able and willing to comply with all the rules of the Audiogon.
-You are an individual or a company interested in High-end audio equipment.
-You are not a "spammer" - a sender of unwanted email.
-You are a private party that will be using our site for non-profit activities.
-Dealers, Manufacturers, and resellers please contact marketing@audiogon.com.
We may classify you as a Commercial user if:
- You sell a lot more items than you buy through Audiogon, even if not as a business.
- You advertise for sale "new" or "demo" items, even if not as a business entity.
- You post large quantities of listings, even if they are repetitive of the same items.
- You qualify as an “Industry Insider”, such as a Manufacturer, Dealer, Distributor,
Independent Representative, Reviewer, Product Engineer or Designer.
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| 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.
Commercial users:
If any of your listings are deleted, cancelled, or lost for any reason, you
agree to compensation limited to Audiogon fees for the listing itself, and only
these fees. You agree to hold Audiogon, its officers, employees, and affiliates
harmless for any monetary or any other damages above and beyond your fees paid to Audiogon,
resulting directly or indirectly from your advertising purchase or Audiogon's
execution of your purchase order.
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| By registering, you
agree to the following conditions:
Commercial User Responsibilities:
(You will follow the above conditions in addition to the following)
- You will conduct business in a professional manner.
- You will ensure that payments of all fees are made within agreed terms.
- You will list only those products that you are authorized to represent.
- If you list a NEW item, you must be an authorized dealer for that brand.
- Your posted prices on "new" items will conform to the manufacturer's MAP policy.
- You will make every reasonable effort to achieve satisfactory transactions with customers.
- You understand that Audiogon may cancel your membership at any time for any reason.
*NEW: use of this word implies "factory sealed specimen with manufacturer's warranty".
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The Audiogon's responsibilities |
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to following:
-To keep members' identity confidential,
from all parties other than Audiogon members.
-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.
Commercial Users:
Audiogon may display the following contact information publicly:
- Company Name
- Contact Person's Name
- Telephone number
Audiogon will inform you of any and all costs before you incur such fees.
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Audiogon's LIMITS of
LIABILITY |
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| The Audiogon will NOT
be responsible or liable for 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 computers 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.
Commercial Users: The Audiogon will NOT be
liable for the following:
- Any losses incurred for any listings deleted by Audiogon.
- Any losses incurred as a result of "returns" or shipping problems.
- Any losses caused by another user's feedback or other submissions.
- In all cases, Audiogon's liability will be limited to the fees collected for
the specific listing in question.
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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 March 31st, 2007 for
new registrations, and is otherwise effective on March 31st, 2007 for all
users registered prior to March 31st, 2007.
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, as detailed in our Verification
process.
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 service@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.
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.
Commercial Users
Audiogon is purely an advertising vehicle,
with which you may present your company or products to the visitors of this
site. Each advertising option that you purchase is an independent
agreement between you and Audiogon, and unrelated to any preceding or
following purchases. Unless otherwise stipulated in a
specific Advertising Agreement, neither you nor Audiogon is obligated to
purchase or display any quantity of advertising over any period of
time.
You will, to best of your knowledge, submit accurate and complete disclosure
regarding any person, product, or company, that you
claim to "represent", are "authorized to sell" or can
otherwise make available to buyers. You will disclose within your
auction listings any taxes, duties, or handling fees that will apply to any
particular buyers. When posting a negotiable offer such as a classified,
you will disclose any taxes, duties, or handling fees before
the buyer agrees to the purchase. You will make available in writing or via
email, to any user, in detail, your "return policy", "warranty
process", or other requested information pertaining to buyer
recourse after a purchase. You will make all reasonable efforts to
insure transactions that are satisfactory to your buyers.
Audiogon, in its sole discretion, reserves the right to refuse any advertising for any
reason
including but not limited to: listings containing incomplete or ambiguous statements,
listings containing infringing or inappropriate graphics, items linking to or
otherwise directing users to
inappropriate web sites. Audiogon also reserves the right to refuse
advertising based upon any business considerations, including but not limited
to: current site traffic levels, current representation of any particular
brands, current representation of any particular geography, or any other
economic consideration arising from advertising already accepted. We can not and do not guarantee any quantity or quality of
responses, sales, or any other benefits as a result of your advertising purchases.
You understand and agree to not only the general Terms of Use, but also agree to all
addendums specifically relating to Commercial Users.
Any controversy or claim arising out of or relating to this Agreement or the
provision of Services shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Washtenaw County, Michigan, and judgment on the arbitration award may be entered in any court
having jurisdiction thereof. Either you or Audiogon may seek any interim or
preliminary relief from a court of competent jurisdiction in Washtenaw County,
Michigan necessary to protect the rights or property of you or Audiogon (or
its officers, employees, or agents) pending the completion of
arbitration.
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| To start
the registration process, please confirm that you have read and agree to our
Terms of Use for Commercial Users. |
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Unable to access Secure
server |
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| Commercial Users are required to use our secure server at various times, including
registering. Please upgrade your browser program to a newer version that
is able to make secure connections. If you are unable to find a solution,
please contact us at service@audiogon.com. |
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