Terms of Use

By registering for membership at Audiogon.com ("Site"), you ("User") HEREBY AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE FOLLOWING TERMS OF USE and further agree that such terms of use shall govern each online auction and User’s overall participation on the Site. Additionally, User access to the site is subject to all applicable laws and regulations, including but not limited to copyright and trademark laws.

Site is owned by Audiogon Inc. ("Company"). As such, any references to Site are meant to also include Company and any references to Company are also meant to include Site. Company reserves the right to terminate any registration, interaction, postings, or listings, at any time for any reason, including but not limited to any violations of these terms of use and further reserves the right to periodically change the terms of use of this Site user agreement. By using the Site, User agrees in advance to any such changes.

By registering, you agree to the following conditions:

Member Responsibilities

  1. User's participation on Site is purely voluntary.
  2. User must maintain a valid credit card on file in order to sell an item or utilize buy it now, and all outstanding balances older than 30 days will be charged to User’s credit card one a month. User expressly authorizes Company to satisfy any and all outstanding balances due. In the event your payment method fails for any reason or is past due, Company reserves the right to collect fees and balances due using any other collection methods, including but not limited to, charging other payment methods on file, retaining a collection agency and/or attorney. Company, or anyone Company retains to assist in collecting your balance, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. For security purposes we will utilize a 3rd party secure service to store and handle credit cards. We will verify your address and verify the credit card is valid.
  3. User's interaction on the Site will not include vulgar, adult, defamatory, libelous or misleading content.
  4. User will not use this site for actions that are illegal in your state or in your country.
  5. User will not use this site to further any interest unrelated to the hobby of high-end audio.
  6. User will not fail to deliver items sold by User, unless User has a valid reason, for example, the buyer fails to follow the posted terms or you cannot contact the buyer.
  7. User will not fail to pay for items purchased by User, unless User has a valid reason, for example, the seller materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller. In the event that User fails to complete an accepted offer, or a Buy it Now purchase without a valid reason, User will be assessed a $19 service fee.
  8. For basic listings a transaction fee of 2% (min of $2, max $195) will be assessed to the sellers My Bill when an offer is accepted or a buy it now transaction occurs.
  9. For transactions completed via PayPal; the Audiogon transaction fees of 2% will automatically be deducted from the total PayPal payment and sent to Company. Payment for those transaction fees will be credited to the sellers My Bill for that transaction. All Paypal fees are separate from Audiogon and assessed by Paypal directly.
  10. User will follow all listing guidelines set forth with the type of listing you have purchased.
  11. User will not use Site if User is not able to form a legally binding contract, or if User is temporarily or indefinitely suspended from using Site under any other User name.
  12. If User is found violating the listing guidelines, your will listing will be removed and you will not be refunded the basic listing fee. In addition your account will be restricted to flat fee listings only.
  13. By committing to buy an item through BUY IT NOW or User’s offer to purchase is accepted User agrees to complete the purchase of that item. In the event that you back out of a transaction after committing to buy an item, a fee of $19.00 will be charged to User’s account. The seller will also have the right to leave negative feedback about User.
  14. If User lists or bid on an item in the auction, User agrees to site’s auction rules.
  15. If a buyer is found through the Site, User agrees to complete the transaction through Site's checkout process. If a transaction fee is due you will be subject to the transaction fee for that item. If it is discovered that User has conducted offsite activity related to your transaction listed through Site and/or completed your sale offsite, and a transaction fee is due, User will still be subject to the transaction fee due and User’s account will now be restricted to premium listings only.
  16. User agrees that a transaction fee is calculated based on the selling price.
  17. User agrees that transaction fees are nonrefundable.
  18. You agree that you will provide accurate shipping dimensions for your item are solely responsible for accurately completing all sections of the shipping label and for the entry of accurate shipment information. If you fail to correctly enter this information, you will be billed and agree to pay based on the actual weight and dimensions as determined and billed by the selected carrier. Pre-paid labels are nonrefundable and non transferable. By purchasing a shipping label through Audiogon you agree to the end carriers terms of use.
  19. User agrees 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. Company reserves the right to deny access, refuse to respond, or otherwise limit usage of this site, for any reason, at any time.
  20. Company, 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 complete transactions on site, based on our flagging policy, abuse of any methods, tools, or services provided, use of profanity, racial slurs, or hate speech and behavior un-befitting a member of the Site. If your account has any remaining credit balance at the time of suspension it will be forfeited.
  21. User may terminate and ask to remove your account, listings, or other saved information at any time for any reason. However, Company reserves the right to maintain a record of your activities after termination of your account.
  22. In case of a dispute with another user, User may participate voluntarily in our online resolution process if, at the sole discretion of Company, a dispute is found to be appropriate for our online dispute resolution process. Company reserves the right to refuse consideration of any disputes filed, or to terminate accounts in case of unreasonable refusal to respond to a dispute. Nothing included in this paragraph is intended to limit or reduce or otherwise modify in any way the limitation of Company’s liability under Limits of Liability Section.

Limits of Liability

Company (including parent and subsidiary), its directors, officers, employees, agents, and suppliers will NOT be responsible or liable to User for any of the following:

  1. Any losses incurred by its User(s) as a direct result of their participation at this Site.
  2. Any losses incurred by its User(s) as an indirect result of their participation at this Site.
  3. Any losses incurred by its User(s) as a result of another User(s) participation at this Site.
  4. Any losses incurred as a result of computer failure, slowdown, or inability to connect to the site, including any delays or disruptions in Site’s accessibility.
  5. Any statements or actions of any of its User(s), either on this site or elsewhere.
  6. Loss of any information stored on the Company or Site’s servers for any reason.
  7. Bad sound or bad music produced and or sold at this Site or elsewhere.
  8. The satisfaction or lack thereof resulting from purchases made via this Site. User agrees that User is making use of Site’s services at their own risk, and that services and products are being provided to you on an “AS IS” and “AS AVAILABLE” basis. As such, services are being provided without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness of use, and non-infringement, including but not limited to, implied warranties of 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 which vary from state to state.
  9. The accuracy or lack thereof in any statements made by its Users. If you have a dispute with one or more Users, you release Company (and its affiliates and subsidiaries, and its officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with 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". In entering into this release User expressly waives any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  10. Our website acts as a venue to allow eligible Users to offer, sell, and buy audio related products via "online auctions" or "classifieds." Company is not involved in the actual transaction between buyers and sellers. As a result, Company has 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. Company cannot ensure that a buyer or seller will actually complete a transaction and issue payment.
  11. User 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 Disputes and Credit Card Chargebacks

Company will only address billing disputes made within 30 days of the charge in question. User has thirty (30) days to dispute charges on User’s 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 User will be responsible for the charge. If applicable, Company reserves the right to pass through credit card charge back fee of $45 per incident assessed to Company by the User's credit card company or Company’s merchant processing service. If the charge disputed is determined legitimate by Company, the User agrees to be responsible for all charge back fees assessed to Company as a result of the disputing any transaction. Audiogon encourages the User to email support@audiogon.com with any billing disputes rather than disputing the charges directly with your credit card company

Etiquette

All Site User(s) are expected to conduct themselves in an honest and civil manner. Members are allowed to contact each other through our site, and agree to communicate in a mature and polite manner. Site has the option to terminate memberships in cases of obvious abuse.

Flagging Policy

We work to provide a safe and fair environment for the Audiogon community and to ensure all Users enjoy the most positive experience possible. Therefore, the Company has created rules and policies that are intended to help guide new and experienced users through the listing and bidding processes. Part of these rules and policies are the Company’s Flagging Policy. This Flagging Policy is based on three main goals: (1) to protect the privacy of our members, (2) to prevent circumvention of the site and, (3) to promote professionalism for all parties involved in the transaction. Flags will be issued for violating our terms of use. The following is the general progression of flags, provided however that certain policy violations may result in more severe sanctions as noted throughout the terms of use.

Red Flag 1: Warning, no further action required.

Red Flag 2: Final Warning, your account will be automatically transitioned to premium features only. If a listing is in violation it will be taken down without a refund.

Red Flag 3: Your account will be suspended.

General

  1. This Agreement shall be governed by the laws of the State of South Carolina, without regard to its conflict of laws provisions. Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 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.
  2. In Company's sole discretion, we may assign this Agreement, by providing notice of such assignment to you via the email account Company has on file associated with User’s account.
  3. 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 Company will be subject to our privacy policy.
  4. User and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.