User AgreementSellMyPiano.com
THE FOLLOWING DESCRIBES THE TERMS ON WHICH SELLMYPIANO.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for SellMyPiano.com. This User Agreement is a contract between you and SellMyPiano.com and applies to your use of any related products and services available through www.SellMyPiano.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services. By your use of this website, you agree to be bound by the following terms and conditions, which constitute a legally binding agreement between SellMyPiano.com and each user of this website. This Policy was last modified on January 10, 2005.
1. Eligibility. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18) or persons who are suspended from our Service.
2. Role of SellMyPiano.com. The Service that SellMyPiano.com is a means of bringing together users of our website, namely third-party sellers ("Sellers") and third-party buyers ("Buyers"). SellMyPiano.com is not involved in any actual transactions between Sellers and Buyers. SellMyPiano.com does not act as the agent for users, either Buyers or Sellers. SellMyPiano.com does not posess any authority to bind Sellers and Buyers, for any purpose.
2.1 Identity Authentication. We use email verification techniques to identify our users when they register on our site. Seller contact information is only available to registered users. Verification of Users is only an indication of increased likelihood that a User's identity is correct. However, because user verification on the Internet is difficult, SellMyPiano.com cannot and does not guarantee any user's identity.
2.2 Release. In the event that you have a dispute with one or more users, you release SellMyPiano.com (and all employees thereof) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. We recommend personally verifying a Seller's identity and his instrument before committing to any transactions, at the Buyer's own risk.
3. Seller/Buyer Responsibility. By placing an instrument ad, you represent and warrant to all prospective Buyers that you have the right and ability to sell and that the description is accurate, current and complete and is not misleading or otherwise deceptive. It is the responsibility of the Buyer to confirm such matters to Buyer's satisfaction prior to consummating any transaction and the responsibility of both Buyer and Seller to negotiate and sign a legally binding agreement of purchase and sale that appropriately protects their respective interests. Both Sellers and Buyers use this website at their own risk.
4. Sales/Use Taxes. It is the responsibility of the Seller and Buyer to determine whether sales or use taxes apply to a transaction and to collect, report and remit the correct tax to the appropriate tax authority. You agree that SellMyPiano.com shall have no responsibility or obligation with respect to sales or use taxes.
5. No Warranties. THIS WEBSITE AND ANY SERVICES PROVIDED HEREBY ARE PROVIDED ON AN "AS-IS" BASIS. SELLMYPIANO.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b. THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THE INFORMATION, CONTENT, MATERIALS, OR ITEMS INCLUDED ON THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE, LAWFUL TO SELL, THAT SELLERS HAVE GOOD TITLE TO THE ITEMS LISTED FOR SALE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SELLMYPIANO.COM TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SELLMYPIANO.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
6. General Release. BECAUSE SellMyPiano.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE SELLMYPIANO.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
7. Limitation of Liability. SELLMYPIANO.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THIS WEBSITE, ANY SERVICES PROVIDED BY THIS WEBSITE, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE.
8. Applicable Law. This website and the services provided hereby are arranged, sponsored, or managed by SellMyPiano.com in the State of Texas, USA. The laws of the State of Texas govern this Agreement and all of its terms and conditions, without regard to principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate SellMyPiano.com's intellectual property rights, SellMyPiano.com may seek injunctive or other appropriate relief in any state or federal courts in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
9. Additions and Changes. SellMyPiano.com reserves the right to add to or change the procedures, guidelines, terms and conditions applicable to this website at any time and in its sole discretion. The same will be effective upon posting to this website.