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   Private Users: Terms of use

 
Audiogon, Inc. is committed to promoting the enjoyment of the members of the high end audio community.  All potential members are required to read and agree to the following terms of use.
 

Who may register

Use of this service
Your responsibilities
Audiogon's responsibilities
DETAILED TERMS OF THE AGREEMENT
Agree and continue to registration
 
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)

 

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Who may Register
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 resalers 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.

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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.

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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.

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The Audiogon's responsibilities
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.

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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.

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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, 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.  Audiogon may. 

 

Do you agree?
 
To start the registration process, please confirm that you have read and agree to all of the Terms of Use above.

Unable to access Secure server
 
We strongly recommend upgrading your browser to a more recent version, which can make secure connections.  The registration process does not actually require any sensitive information from you.  However, other features of the Audiogon are only accessible via secure connections.  Thus, you may continue to our regular server below, but you should upgrade your browser program as soon as possible.