Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Service, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. ToneFind is a Platform/Venue
ToneFind acts as a platform/venue to allow users who comply with ToneFind’s Terms Of Service and policies to offer, sell, buy and trade musical gear, equipment and recordings from other users. While ToneFind has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. ToneFind also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. ToneFind encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, ToneFind is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on ToneFind. YOU USE THE TONEFIND SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE.
(A) Age: ToneFind is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, ToneFind’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ToneFind may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use ToneFind’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by ToneFind’s policies as stated in the Terms Of Service as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by ToneFind, each of which is incorporated herein by reference and each of which may be updated by ToneFind from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms Of Service or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by ToneFind from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ToneFind of any unauthorized use of your password or any breach of security. You also agree that ToneFind cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than ToneFind without ToneFind’s express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ToneFind you must provide and maintain valid payment.
(E) Account Transfer: You may not transfer or sell your ToneFind account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Right to Refuse Service: ACCESS TO TONEFIND’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT TONEFIND’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS TONEFIND’S SITE. ToneFind will terminate any user who it determines is providing services competitive to ToneFind through the Site. ToneFind’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended ToneFind members. Additionally, ToneFind reserves the right, in ToneFind’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up a shop on ToneFind is free. ToneFind does not charge fees to list an item for sale. ToneFind does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charge. ToneFind’s Billing Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for ToneFind’s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. ToneFind may also choose to temporarily change the Billing Policy and the fees for ToneFind’s services for promotional events (for example, free listing days); such changes are effective when ToneFind posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If ToneFind terminates a listing or your account, if you close your account, or if the payment of your ToneFind fees cannot be completed for any reason, you remain obligated to pay ToneFind for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT TONEFIND MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST TONEFIND FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact ToneFind.
4. Content License
(A) Your Content: ToneFind does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant ToneFind a license solely to enable ToneFind to use any information or Content you supply ToneFind with, so that ToneFind is not violating any rights you might have in that Content. You grant ToneFind a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate ToneFind’s ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow ToneFind to store or re-format your Content on ToneFind and display your Content on ToneFind in any way as ToneFind chooses. ToneFind can also use any transactional information including sale date and final price for sales completed on ToneFind as it sees fit.
(C) Re-Posting Content: By posting Content on ToneFind, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold ToneFind harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own ToneFind-hosted image on another website, the image must provide a link back to its listing page on ToneFind.
(D) Idea Submissions: ToneFind considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and ToneFind shall not be liable for the disclosure or use of such Material. If, at ToneFind’s request, any member sends Material to improve the site, ToneFind will also consider that Material to be non-confidential and non-proprietary and ToneFind will not be liable for use or disclosure of the Material. Any communication by you to ToneFind is subject to this Agreement. You hereby grant and agree to grant ToneFind, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Information Control
ToneFind does not control the Content provided by users that is made available on ToneFind. You may find some Content to be offensive, harmful, inaccurate, or deceptive. ToneFind users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using ToneFind, you agree to accept such risks and expressly agree that ToneFind (and ToneFind’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ToneFind. Please use caution, common sense, and practice safe buying and selling when using ToneFind.
Other Resources: ToneFind is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ToneFind does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ToneFind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and ToneFind, please contact ToneFind. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fulton County, Georgia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Georgia. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and ToneFind agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE TONEFIND (AND TONEFIND’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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. ToneFind encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
ToneFind, for the benefit of users, may try to help users resolve disputes. ToneFind does so in ToneFind’s sole discretion, and ToneFind has no obligation to resolve disputes between users or between users and outside parties. To the extent that ToneFind attempts to resolve a dispute, ToneFind will do so in good faith based solely on ToneFind’s policies. IN THE EVENT TONEFIND INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE TONEFIND (AND TONEFIND’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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 THE DISPUTE.
If you do not respond to ToneFind’s inquiry regarding a dispute within forty-eight (48) hours, ToneFind reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
(G) Feedback: TONEFIND WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF TONEFIND POLICIES AS DETERMINED BY TONEFIND IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE TONEFIND (AND TONEFIND’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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 THE SITE, SERVICES OR YOUR USE OF THE SAME.
7. Financing Vendors/Layaway
From time to time ToneFind may offer financing options and alternatives through Affirm, Inc., Klarna or other similar third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of ToneFind and ToneFind is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against ToneFind that arise out of your use of, or the services of, any Financing Vendors. You are also bound by the terms and conditions imposed by the Financing Vendors including, but not limited to, the following terms Affirm, Klarna Pay In 4 and Klarna Terms.
ToneFind does not support layaway transactions. If you engage in an offsite layaway plan, ToneFind will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.
8. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with ToneFind and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from ToneFind. You hereby expressly consent to communications of any kind from ToneFind to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you may receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to ToneFind. Please note that some changes to your account settings may take a few days to take effect.
9. ToneFind’s Intellectual Property
ToneFind, and other ToneFind graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of ToneFind or its affiliated companies in the U.S. and/or other countries. ToneFind’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of ToneFind.
10. Access and Interference
ToneFind may contain robot exclusion headers which contain internal rules for software usage. Much of the information on ToneFind is updated on a real-time basis and is proprietary or is licensed to ToneFind by ToneFind’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access ToneFind for any purpose whatsoever, except to the extent expressly permitted by ToneFind’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in ToneFind’s sole discretion, an unreasonable or disproportionately large load on ToneFind’s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass ToneFind’s robot exclusion headers or other measures ToneFind may use to prevent or restrict access to ToneFind.
11. Breach of ToneFind Terms Of Service and Policies
12. No Warranty
TONEFIND IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
TONEFIND’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE TONEFIND’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. TONEFIND’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TONEFIND SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT SHALL TONEFIND, AND (AS APPLICABLE) TONEFIND’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TONEFIND’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TONEFIND’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TONEFIND’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TONEFIND IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. CITES and Claims Release
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that ToneFind has informed you of the potential prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST TONEFIND RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD TONEFIND AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST TONEFIND.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
16. No Guarantee of Continuous Service
ToneFind does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside ToneFind’s control.
17. Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact ToneFind’s DMCA agent who can be located here.
18. Trademarks for Modified Instruments
Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
19. ToneFind Sites
By utilizing ToneFind Sites (including the ToneFind App), you acknowledge that ToneFind is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the ToneFind Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your ToneFind Site.
20. ToneFind Integrations
Your use of ToneFind Integrations indicates your assent to ToneFind’s Terms and Policies contained herein. By utilizing ToneFind Integrations, you acknowledge that ToneFind is providing an integration of the ToneFind.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing ToneFind Integrations. While ToneFind is providing ToneFind Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the ToneFind Integrations user. You hereby waive any and all claims against ToneFind, its officers, directors, employees and agents related to the use, maintenance, design and content of your ToneFind Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your ToneFind Integration(s). You further agree to indemnify and hold ToneFind harmless for any third party claims or complaints associated with your use of ToneFind Integration(s). ToneFind Integrations are provided “as is” and with all faults. DO NOT UTILIZE TONEFIND INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
21. Price Guide
The Price Guide is a tool for ToneFind users that bases its information on recent transactions on the Site or relevant external market data. ToneFind does not warrant its accuracy nor guarantee that items will sell within the stated parameters.
22. Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ToneFind service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on ToneFind’s net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. ToneFind cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; ToneFind assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through ToneFind. If you complete 200 transactions or more and receive over $20,000 in gross income from the site, exclusive of ToneFind’s fees, you will receive a Form 1099 from ToneFind and be obligated to pay income tax on your earnings. ToneFind is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
23. Proposition 65 – California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all ToneFind users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on ToneFind. You agree to indemnify and hold ToneFind harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
25. No Agency
You and ToneFind are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
26. Modification of Service or Terms and Policies
27. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Georgia, excluding its conflicts of laws rules, and the United States of America.
28. Sanctioned Countries, Politically Exposed Persons and Endangered Species
ToneFind does not currently support transactions to, from or involving any comprehensively sanctioned countries (the “Sanctioned Countries”) or with any Politically Exposed Persons (“PEPs”). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Service. Decisions will be made at the sole discretion of ToneFind. Any items made from materials derived from endangered species will be removed if found on the Site.
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to ToneFind; Attn: Legal Department; 72 Creekside Park Drive, Johns Creek, GA 30022 (in the case of ToneFind) or, in your case, to the email address you provide to ToneFind (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, ToneFind may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ToneFind. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by ToneFind.com, LLC, located at 72 Creekside Park Drive. Johns Creek GA 30022. If you are an Georgia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: November 11, 2020
Updated: November 11, 2020