Piano Finders

Piano Finder

Piano Finders ® Member Contract

Effective date, January 1, 2004

Our Pledge

Piano Finders (aka Piano Finder) offers hundreds of pages of free information for piano buyers, sellers, owners, technicians, piano teachers and piano rebuilders. It also provides people an opportunity to buy and sell pianos and services.

This is the Piano Finder Member Agreement. It describes the terms and conditions that apply to your use of our website at Pianofinders.com. This document and all links it refers to contain the entire agreement between us, the D & R Masters, Inc., a California corporation d/b/a Piano Finders (hereinafter referred to as "Piano Finders" and you, the user of this website:

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. This Agreement may not be otherwise amended except in a writing signed by you and Piano Finders. This agreement was last revised on January 1, 2004. If you have any questions please contact us.

All http:// addresses and hotlinks (highlighted in blue) that are referenced in this contract are incorporated as a part of the contract you are signing. Please be sure that you read all links that are mentioned in this document.

  1. Your Eligibility: Our services are available only to individuals over the age of 18 that may enter into legally binding contracts under existing law. If you do not qualify, please do not buy or sell anything on this site. Also, our piano listing and paid services are not available to temporarily or indefinitely suspended Piano Finders Members.
  2. Fees and Services: Please click on Piano Finders Fees to read our Fees and Credits Policy. We may change our Fees and Credits Policy from time to time. Our changes to the policy are effective after we provide you with at least (14) days notice of the changes by posting the changes on our What's New page. As we add new services, the fees for those services are effective when the service is made available on our website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
  3. The Piano Finders Listing Service is only a Venue: Our site allows sellers to list pianos for sale and buyers to contact sellers in order to view and purchase pianos. It also provides you access to a third party services for transactions that happen as a result of our website. Unless we have entered into any of the contracts specified below with you, we are not involved in the actual transaction between buyers and sellers. We depend upon our buyers and sellers to provide information that is accurate and complete. We ask all sellers to sign a legally binding contract that verifies their legal ownership of the pianos they are listing for sale however, we have no control over the quality, safety, condition, or legality of the pianos listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We ask sellers and buyers sign contracts that penalize them if they back out upon a sale they have committed to, but we cannot insure that the actions of either a buyer or seller will result in a sale. Because user authentication on the Internet is difficult, Piano Finders does not confirm each user s purported identity. We do not control the information provided by Piano Finders members made available by their own entry of data into our system.
    4. Bronze Selling Service Agreement
    Silver Selling Service Agreement
    Gold Selling Service Agreement
  4. Membership Watch: We have provided a Piano Finder Member Code of Ethics in an effort to set an example of an acceptable code of conduct within transactions that result from using the Piano Finders website . If you have any reason to believe that any Piano Finders Member is currently behaving in a way that violates this code of ethics, please contact us describing the information you have and why you feel this particular Piano Finders Member has violated this code of ethics during the term of their membership with us. We reserve the right to suspend and/or revoke a Piano Finders Member s access to the protected portions of our website. At this time, we do not publish public feedback on individual members.
  5. Information You Provide. "Information You Provide" is defined as any information that you provide to us or other Piano Finders Members by website form, email, fax, mail, phone or any other means of communication. You are solely responsible for Information You Provide and we act as a passive conduit for your online distribution and publication of Information You Provide. Information You Provide:
    6. Shall not be false or misleading.
    Shall be in keeping with the principles outlined in Our Marketplace Pledge.
    Shall not be obscene or contain pornography.
    Shall not contain anything intended to damage ours or anyone else's computer systems.
    Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other services.
    Shall not take any action that, by paying to us any fee for services we provide, could cause us to violate any applicable law, statute, ordinance or regulation.
  6. Publicity Rights: For the purpose of enabling Piano Finders to use the Information You Provide (i.e., listings of pianos for sale, searches for pianos you are looking for, discussion board entries, etc.), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right to exercise the copyright and publicity rights (but no other rights) you have in Information You Provide, in any media now known or not currently known, with respect to Information You Provide. Piano Finders will not publicly publish, sell or give to others your private and confidential information that we have agreed to keep confidential. For more details on our commitment to privacy, see our Privacy Policy.
  7. Copying Web Pages: You agree that you will not use any automatic or manual process to monitor or copy our web pages or the content herein without the prior expressed written permission of Piano Finders or the appropriate third party.
  8. Breach: Without limiting other remedies, we may immediately issue a warning, suspend or terminate your membership and refuse to provide our services to you if you breach this Agreement or the documents it incorporates by reference, if we do not receive prompt payment for our services, or if we believe your actions will cause liability for you, other members or for us.
  9. We are BBBOnline Certified: The Better Business Bureau is dedicated to building trust in the Internet by having member organizations such as Piano Finders abide by its policies.
  10. Better Business Privacy Seal: We also participate in the Council of Better Business Bureaus' BBBOnLine Privacy Program, and comply with all the BBBOnLine Privacy standards. Further information about this program is available at: http://www.bbbonline.org. See our current Privacy Policy.
  11. No Warranty: If a Piano Finders service being offered on a piano for sale does not have a specific written notice to the contrary on our web pages, we and our suppliers are providing our web site, services and pianos listed "as is" and without any warranty or condition, express, implied or statutory. We and Our Suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Where we do offer a warranty, that warranty shall be limited to the terms and conditions specified in the document provided at the time of warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
  12. Release: In the event that you have a dispute with one or more Piano Finders Members, you release Piano Finders (and our officers, directors, agents, subsidiaries 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. If you are a California resident you waive California Civil Code # 1542, which says: "A general release does not extend to claims which 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.
  13. Liability Limit: In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). Our liability, and the Liability of our suppliers, to you or any third parties in any circumstances 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 liability, and (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  14. Hold Harmless: You agree to indemnify and hold us, our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or rights of a third party.
  15. General Disclaimer: Piano Finders makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Piano Finders Web site, even one that may contain the Piano Finders-logo, please understand that it is independent from Piano Finders, and that we have no control over the content on that Web site. In addition, a link to a non-Piano Finders Web site does not mean we endorse or accept any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  16. Legal Compliance: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing of items for sale, purchase, solicitation of offers to purchase and sales of items.
  17. No Agency: You and Piano Finders are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
  18. Non-Waiver: no waiver by PIANO FINDERS of any default yours hereunder, and no failure of PIANO FINDERS to enforce its rights against you for any breach of this agreement shall by construed as a waiver on the part of PIANO FINDERS on any subsequent breach or default, or impair PIANO Finder's right to require strict performance by you of all the terms and conditions stated herein. PIANO FINDERS' rights hereunder are cumulative and not alternative.
  19. Governing Law: This agreement shall be construed under the laws of the State of California and the United States of America."
  20. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and venued in Walnut Creek, California, USA, unless another venue is agreed to by the parties, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in the court of competent jurisdiction nearest to Walnut Creek, California.
  21. Notices: All notices pertaining to this Agreement shall be made in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Postal Service, email or fax. The addresses contained herein for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given.
  22. Piano Finders Member: A Piano Finders Member is anyone who has registered for any category of Piano Finders membership through the PianoFinders.com website service.
  23. Attorney's Fees: In the event legal proceedings are brought to enforce or interpret this agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees incurred therein.
  24. Included in Contract: The following legal notice is included as part of this contract: http://www.pianofinders.com/legalnotices.htm