Effective Date: November 7th, 2016
1. BINDING EFFECT. These Terms and Conditions are a binding legal agreement between you and US Audiolist, LLC (“US Audiolist”, “our”, “we”, “us”). By registering for an account with USAudiolist.com (the “Site”), you agree to abide by these Terms and Conditions as they may be amended from time-to-time. YOU AGREE THAT BY REGISTERING AN ACCOUNT WITH THIS WEBSITE, YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms and Conditions, you are agreeing to waive certain legal rights including, but not limited to, agreeing to participate in mandatory arbitration to resolve any legal claims against us and waiving your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in paragraph 29.
2. INTENDED USE – UNITED STATES. The Site is intended for use by individuals and businesses located in the United States. We make no representation or warranty that any of the materials or the services to which you are being given access are available or appropriate for use in other jurisdictions.
4. MARKETPLACE. US Audiolist is a marketplace where users can buy and sell audio equipment and other items through auctions and classified ads. Please note that as a buyer or seller, you contract directly with the opposing party in your transaction and not with us. We may provide information to help guide you through the process, but you assume the risk of buying and selling through the Site. We do not guarantee nor control the nature of the inventory sold on the Site or the representations made by sellers regarding those products.
5. SELLER POLICIES. When selling on the Site, registered users are required to comply with our policies on listing and selling items including, but not limited to the following.
A. Performance Requirements. While the vast majority of registered users selling on the Site are responsible sellers, there are always a few bad apples. Should we receive three or more complaints regarding any seller in a calendar year, we will review all information, history, and listings we have for the seller in consideration of whether to terminate that seller; a decision made in our sole discretion. Take the following guidelines and these Terms and Conditions seriously.
B. Listing Guidelines. As a registered user selling an item on the Site, you are solely responsible for the legality of the item being listed. If a complaint is received regarding your item or we make a determination there is an issue with the item, it may be removed from the Site. With this in mind, comply with the following:
- List only goods that fit within the categories we offer;
- Do not list prohibited items [see below];
- Do not link to another site beyond US Audiolist;
- Use only PayPal through our Site to accept payment for transactions;
- Do not entice buyers into schemes to avoid paying our fees;
- All listed goods must be authentic and not counterfeit;
- All statements in the listing must be accurate and true;
- Create your own listing information – don’t copy from another site;
- Do not use photos of an item if you do not have the right to;
- Do not use “fluff” or exaggerations in your listing;
- List only items you have legal possession of;
- Ship items promptly;
- Resolve buyer disputes professionally and quickly;
- Comply with refund policies provided in any listings.
C. Prohibited Items. You may not list any of the following items on the Site. We reserve the right to amend this list as necessary and terminate, with immediate effect, any items or category of items in our sole discretion.
- Items infringing on the intellectual property rights of others;
- Counterfeit items;
- Pornography such as adult movies;
- Illegal electronics equipment such as cable TV descramblers;
- Electronic surveillance equipment;
- Hazardous, restricted, or regulated materials include batteries;
- Items encouraging illegal activity;
- Military items;
- Offensive material;
- Police-related items; or
- Stolen property.
D. Payment Holds. As a registered user, you grant us the right to notify and communicate with PayPal regarding disputes. You further grant us the right to recommend to PayPal that holds be placed on your account pursuant to PayPal policies.
6. LISTING FEES. As a seller, you have four options for listing products on the Site. The specifications and fees for each option are as follows.
A. Auctions. Sellers have two options when listing an item for auction – Basic and Featured Auction.
i. Basic Auction
- Listing fee of $2 (Movies and Music are free to list) plus 1 percent transaction fee based on the selling price with a minimum charge of $1 and a maximum of $129.
- Entitles Seller to upload up to eight photos
- Entitles Seller to a 5, 7, or 10 day auction duration.
ii. Featured Auction
- Listing fee of $5 for all item categories plus 1 percent transaction fee based on the selling price with a minimum charge of $1 and a maximum of $129.
- Entitles Seller to upload up to 16 photos
- Entitles Seller to a 5, 7 or 10 day auction duration.
- Item will be listed in the “Featured Auctions” area.
B. Classified. Sellers have two classified listing options – Basic and Featured Listing.
i. Basic Listing
- Listing fee of $2 (Movies and Music are free to list) plus 1 percent transaction fee based on the selling price with a minimum charge of $1 and a maximum of $129.
- Entitles Seller to upload up to eight photos.
- 30 day duration.
ii. Featured Listing
- Listing fee of $15 with No Transaction Fee.
- Entitles Seller to upload up to 16 photos.
- 30 day duration.
- Unrestricted Communication with Buyers
- Item will be listed in the “Featured Listings” area.
The total amount of the sale is the final price of the item listed plus shipping charges and any other amounts the seller charges a buyer. Sales tax is not included.
C. Seller Restrictions. Sellers must comply with the following guidelines:
- Listings may not contain seller’s contact information including, but not limited to, the seller’s name, telephone number, email address, website address, or other means of contact.
- Seller may not link to any property outside of USAudiolist.com.
- Only one item may be listed per classified listing or auction.
- Sellers may not list vulgar, offensive or obscene language as determined by us in our sole discretion.
- Sellers may not list counterfeit items.
- Seller must be in possession of any item listed on the Site.
- Photos must show the actual item for sale without exception.
D. Refunds. No refunds are offered on listing fees.
7. SALES AND USE TAX. Users agree to be solely responsible for any and all obligations to report and pay sales and use tax as appropriate for each transaction through the Site.
8. BUYER POLICIES. When buying items on the Site, registered users are required to comply with our policies including, but not limited to:
- Comply with all laws and regulations applicable to the item in question;
- Provide accurate information in your profile and to sellers;
- Pay for any item you buy through a classified advertisement or win in an auction;
- Bid only if you intend to purchase the item in question;
- Forgo placing any bids on an item you have listed for sale;
- Forgo manipulating bids in any manner;
- Forgo bidding on an item for the sole purpose of driving up the price as, for example, a favor to the seller;
- Offer to purchase items outside of US Audiolist;
9. FEEDBACK. Registered users should only leave true and accurate feedback from transactions the user has participated in as a seller or buyer. Selling or buying feedback is strictly prohibited. We retain the right, but not obligation, to remove any feedback we feel violates this policy.
10. DISPUTES. Should a dispute arise regarding a transaction, you may contact us for assistance in mediating the conflict. We will seek a response and solution from the opposing party for a period of 48 hours. Should no resolution be reached, you will be directed to contact PayPal to dispute the charge. Any registered user receiving three complaints within a calendar year will have their accounts reviewed by us for termination consideration with said determination being made by us in our sole discretion.
11. INTRASITE COMMUNICATIONS. As a user of the Site, you are authorized to contact other sellers or buyers. Be civil when sending messages, even during disputes. Sending messages containing spam, bullying statements, or curse words is strictly prohibited. We reserve the right, in our sole discretion, to limit or eliminate the ability of a user to send or receive intrasite communications via the Site.
12. RELIANCE ON USER STATEMENTS. Users of the Site may communicate with each other in a number of ways. Such communications may include, but not be limited to, offers, advice and opinions. Said communications represent the views of the user making them and are in no way endorsed or supported by US Audiolist in any manner. You agree that we are not responsible for any loss or damage you may incur from relying on said communications by other users of the Site.
13. TERM AND TERMINATION. These Terms and Conditions shall remain in full force and effect for so long as you remain a registered user of the Site. We reserve the right to terminate you as a user of the Site for violating these Terms and Conditions without cause at any time. We may, in our discretion, provide you with a reason for termination, but are not be required to do so.
14. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute anything that:
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
(c) links to other websites outside of the Site including, but not limited to, business and personal websites.
We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from the Site. US Audiolist intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or any applicable laws.
15. PROHIBITED ACTIONS. Certain actions that shall be considered an automatic breach of these Terms and Conditions and shall result in the termination of your account. US Audiolist shall determine, in our sole discretion, whether a particular action is considered a prohibited action. Prohibited actions shall include, but not be limited to, the following actions:
- transferring your US Audiolist account to another party without our written consent;
- breaching or circumventing these Terms and Conditions or any applicable laws;
- using our services if you are under the age of 18;
- failing to pay for items you have purchased unless you are disputing the item in question;
- failing to deliver items sold by you unless a dispute has arisen between you and the purchaser;
- posting false, misleading, inaccurate, defamatory, deceptive, or libelous statements or content;
- posting spam, chain letters, or pyramid schemed on the site or through intrasite communications;
- linking to another website or app
- infringing upon the copyrights of others;
- copying the Site;
- harassing registered users or moderators,
- bullying others users;
- threatening others; and
- uploading viruses, malware, or invasive software.
We reserve the right to investigate any such prohibited actions and report them to law enforcement in our sole discretion.
16. MARKETING RESTRICTIONS. When using the Site or communicating with us, registered users may be provided personal information of other registered users of the Site. You agree not to use said information for any purpose other than that associated with the reason you are given the information, such as shipping an item, and agree not to use the information to market or advertise to the registered users in question.
17. LICENSE TO USE AND TERMINATION. When you register for an account on the Site, we grant you a limited, terminable, non-exclusive right to access and use the Site to post or purchase items. We reserve the right to terminate this license at any time without cause and in our sole discretion. We may terminate accounts that have been inactive for longer than thirty days.
18. BLOCKING VISITORS. We reserve the right, in our sole discretion, to block any party from visiting the Site.
19. LINKING POLICY. Registered users may not link to any online or offline source outside of USAudioList.com. We may provide links to third party sites including, but not limited to, PayPal.com. You agree US Audiolist is not be held directly or indirectly liable for any damage you suffer when visiting said sites and we shall not be considered a partner, agent or other legal affiliation of any such site.
20. COMMUNICATION. When you register, contact us, or use the Site, you consent to receive communications from us electronically. You agree that any such communication shall constitute legal written communication in compliance with any and all legal notice requirements.
21. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant US Audiolist, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of US Audiolist LLC, its websites, the Site, affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
22. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. We comply with the Digital Millennium Copyright Act, and you can access our DMCA Policy in the footer of the Site.
23. NO WARRANTIES. US AUDIOLIST HEREBY DISCLAIMS ALL WARRANTIES. US AUDIOLIST IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, US AUDIOLIST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. US AUDIOLIST DOES NOT WARRANT THAT THE SITE OR THE PRODUCTS OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
24. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, MEDICAL BILLINGS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS AVAILABLE THROUGH THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. TO THE EXTENT PERMITTED UNDER LAW, YOU AGREE WE ARE NOT LIABLE NOR WILL YOU HOLD US RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, REPUTATION, OR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE FOLLOWING:
- YOUR USE OR INABILITY TO ACCESS OUR SITE;
- CONTENT YOU PROVIDE WHEN USING THE SITE;
- ERRORS, GLITCHES OR INACCURACIES OF ANY KIND INVOLVING THE SITE;
- THE ACTIONS OF OTHER REGISTERED USERS OR THIRD PARTIES ON THE SITE;
- THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT;
THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD AGAINST US AUDIOLIST SHALL BE LIMITED TO NO MORE THAN $2,500 PER CLAIM IN WHICH YOU ARE DECLARED THE PREVAILING PARTY IN LEGAL PROCEEDINGS AS DETAILED IN THIS AGREEMENT.
25. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 23 AND 24 MAY NOT APPLY TO YOU.
26. SITE TERMINATION. US Audiolist reserves the right to no longer make available all or part of the Site at any time in its sole discretion.
27. AFFILIATED SITES. US Audiolist has no control over, and assumes no liability for any third party websites or materials. US Audiolist works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because US Audiolist has no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that US Audiolist makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
28. PROHIBITED USES. US Audiolist imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by US Audiolist; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and/or criminal liability.
29. ARBITRATION AGREEMENT. In agreeing to be bound by these Terms and Conditions, you agree that any and all legal claims or disputes arising between you and US Audiolist shall be resolved exclusively through mandatory, binding arbitration. This agreement to arbitrate shall be governed by the Federal Arbitration Act.
(a) Waiver of Jury Trial and Class Actions – You and US Audiolist agree to waive the right to a jury trial or to participate as a class member in a class action lawsuit or consolidated class action arbitration proceeding.
(b) OPT-OUT – IF YOU ARE A NEW REGISTERED USER OF THE SITE, YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT BY GIVING US NOTICE VIA THE CONTACT FUNCTION ON THE SITE WITHIN 30 DAYS OF JOINING THE SITE.
(c) Arbitrator – The parties agree the American Arbitration Association (“AAA”) shall conduct any arbitration involving a legal claim or dispute between them under its consumer rules as modified by these Terms and Conditions. You may view these rules at www.adr.org.
(d) Location – The place of arbitration shall be in the County of Middlesex County, Massachusetts, United States.
(e) Notice – A party who intends to seek arbitration must first send to the other a Notice of Dispute (“Notice”). Your notice should include the following information:
- Your name,
- Your email and phone number,
- Your physical mailing address,
- The nature of the dispute with us,
- Any supporting documentation, and
- The relief you are seeking.
Notice should be sent to us via the Contact function on the Site, and we will send notice you’ve provided in your account profile. We will review the Notice within 30 days. If 30 days passes from the date of receipt without resolution, either party may move forward with arbitration.
(f) Attorney’s Fees – The parties agree they shall be responsible for their own attorneys’ fees and shall equally share the cost of arbitration.
(g) Alternative Forum – Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree these Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of Massachusetts, without reference to rules regarding conflicts of law and you hereby irrevocably consent as a choice of forum to the state and federal courts, as appropriate, in Middlesex County, Massachusetts, in all disputes arising out of or related to the use of the Site.
30. NO ENDORSEMENTS. The mere appearance of any individual or company on US Audiolist.com is not indicative of any endorsement by us of said individual or company. As a matter of company policy, we do not endorse any other parties.
31. INTERNATIONAL TRANSACTIONS. The Site is intended for transactions within the United States. Any registered user who enters into a transaction on the Site in which they sell or buy from a location beyond the United States is in violation of these Terms and Conditions and is solely responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
32. INDEMNITY. You agree to indemnify, defend, and hold harmless US Audiolist, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Product, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. US Audiolist will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
33. COPYRIGHT. All contents of Site, excluding user generated content, are: Copyright © 2016. US Audiolist, LLC. All rights reserved.
34. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
35. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by US Audiolist or by any third party.
36. FORCE MAJEURE. Neither you nor we shall be deemed in material breach of these Terms and Conditions or any other legal requirement to the extent the breach or failure to perform results from any cause beyond the reasonable control of either party without fault or negligence on the part of the party including, but not limited to, acts of God, acts of Nature, acts of government or military, embargoes, acts of terrorism, fires, explosions, earthquakes, floods, severe weather conditions, failure of electrical equipment, war, or riots. In the event of any such excused delay, the time to perform or remedy the material breach shall be equal to the time lost by reason of the delay.
37. AMENDMENTS. We reserve the right to amend these Terms and shall notify you of any such amendments by posting a notice on the login page of the Site and by forwarding an email to you. Said amendment shall be binding 30 days after notification is provided. You may reject the amendments by opting out of our email list.