Welcome to PianoMart.com. By your use of this website, you agree to be bound by the following terms and conditions, which constitute a legally binding agreement between Joseph Ross, d/b/a PianoMart.com and each user of this website.
1. Eligibility. Use of this website is limited to parties that may lawfully enter into contracts to buy and sell goods under applicable law.
2. Role of PianoMart.com. PianoMart.com provides a service for third-party sellers (”Sellers”) and third-party buyers (”Buyers”) to find each other. PianoMart.com is not involved in any actual transactions between Sellers and Buyers and is neither the agent of nor has any authority to bind either of them for any purpose. Because PianoMart.com is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, PianoMart.com will not be involved in resolving any disputes between participants related to or arising out of any transaction. PianoMart.com urges Sellers and Buyers to cooperate with each other to resolve such disputes.
3. Seller/Buyer Responsibility. By listing an item for sale, 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 maters 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. Seller’s Fees. This is NOT a free service to Sellers. PianoMart.com charges a fee to Sellers in the amount of three percent (3%) of the sale price of each piano sold as a direct result of the PianoMart.com ad. If the piano does not sell, or if it sells by some other means, there is no fee.
5. 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 PianoMart.com shall have no responsibility or obligation with respect to sales or use taxes.
6. No Warranties. THIS WEBSITE AND ANY SERVICES PROVIDED HEREBY ARE PROVIDED ON AN “AS-IS” BASIS. PIANOMART.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 PIANOMART.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIANOMART.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
7. General Release. BECAUSE PIANOMART.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE PIANOMART.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.
8. Limitation of Liability. PIANOMART.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.
9. Applicable Law. This website and the services provided hereby are arranged, sponsored, or managed by PianoMart.com in the State of New York, USA. The laws of the State of New York 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 Rochester, New York, except that, to the extent you have in any manner violated or threatened to violate PianoMart.com’s intellectual property rights, PianoMart.com may seek injunctive or other appropriate relief in any state or federal courts in the state of New York, 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.
10. Additions and Changes. PianoMart.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.