1. Chavex is a Marketplace/Venue
(A) Age: Chavex is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, Chavex's services are available only to, and may only be used by, individuals who are 18 years 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. Chavex 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 Chavex'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.
(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 Chavex of any unauthorized use of your password or any breach of security. You also agree that Chavex cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Chavex without Chavex'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 Chavex you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
(E) Account Transfer: You may not transfer or sell your Chavex 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) Code of Conduct: Chavex maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on its websites. Your access to any and all Chavex websites is conditioned on your adherence to this policy. Chavex retains the right to remove any user who violates this policy. Such determinations will be made in the sole discretion of Chavex and may be implemented without warning or the ability to cure.
(G) Right to Refuse Service: ACCESS TO CHAVEX’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT CHAVEX’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS CHAVEX’S SITE. Chavex's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Chavex members. Additionally, Chavex reserves the right, in Chavex'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 Chavex is free. Chavex does not charge fees to list an item for sale. Chavex 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 charged. Chavex's Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for Chavex's services are effective immediately after posting the changes on the Site. Chavex may also choose to temporarily change the Billing Policy and the fees for Chavex's services for promotional events (for example, free listing days); such changes are effective when Chavex posts the temporary promotional event on the Site.
Chavex may, at Chavex's sole discretion, change some or all of Chavex's services at any time. In the event Chavex introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Fees will include final sale price of an item as well as shipping fees on an order. In certain situations, including but not limited to a void or invalid transaction and returns, Chavex may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees, shipping fees based on accurate weights and measurements and applicable taxes associated with using Chavex. Chavex allows sellers to indicate applicable tax jurisdictions which will be collected from buyers through Chavex at point of sale. Chavex keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If you are a Direct Checkout user your fees will be deducted from your payout(s) rather than billed on the first of the month.
Fees and Termination: If Chavex terminates a listing or your account, if you close your account, or if the payment of your Chavex fees cannot be completed for any reason, you remain obligated to pay Chavex 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 CHAVEX MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES AND WAIVE ANY AND ALL CLAIMS AGAINST CHAVEX FOR EXERCISING THIS RIGHT. If you have a question or wish to dispute a charge, contact Chavex.
(A) Listing Accuracy and Requirements: By listing an item on the Site you warrant that you and all aspects of the item comply with Chavex's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Chavex shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself. You may not use stock photography or content developed by third parties without their express written permission. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. Any such additions will be removed from the listing by Chavex without notice. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Any failure to accurately list your item, or the inclusion of any false information in the listing may be grounds for suspension or termination of your account. Any intentional misrepresentations or fraudulent statements in your listing is grounds for immediate termination of your account, at Chavex’s sole discretion, without any opportunity to cure.
(B) Shop Policies: All sellers are urged to outline shop policies for their Chavex shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Chavex’s site-wide policies. Sellers are responsible for enforcing their own shop policies. Chavex reserves the right to request that a seller modify a shop policy.
(C) Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on Chavex, the buyer agrees to the specific return and other policies set forth by the individual seller. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make Chavex a party to the transaction. Accordingly, Chavex retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but Chavex does not have a mechanism to force the completion of a sale.
(D) Fee Avoidance/Void Transactions: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another user's account without permission. No sales may be carried out via private message as a means to avoid Chavex's sales fee. Any other efforts to move sales initiated on Chavex off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Chavex's policies or protections.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Chavex and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Chavex.
6. Content License
(A) Your Content: Chavex does not claim ownership rights in your Content. You grant Chavex a license solely to enable Chavex to use any information or Content you supply Chavex with, so that Chavex is not violating any rights you might have in that Content. You grant Chavex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Chavex to store or re-format your Content on Chavex and display your Content on Chavex in any way as Chavex chooses. Chavex can also use any transactional information including sale date and final price for sales completed on Chavex as it sees fit.
(C) Re-Posting Content: By posting Content on Chavex, it is possible for an outside website or a third party to re-post that Content. You agree to hold Chavex harmless for any dispute concerning this use. If you choose to display your own Chavex-hosted image on another website, the image must provide a link back to its listing page on Chavex.
(D) Idea Submissions: Chavex 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 Chavex shall not be liable for the disclosure or use of such Material. If, at Chavex's request, any member sends Material to improve the site (for example through the Forums or to customer support), Chavex will also consider that Material to be non-confidential and non-proprietary and Chavex will not be liable for use or disclosure of the Material. Any communication by you to Chavex is subject to this Agreement. You hereby grant and agree to grant Chavex, 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, use, publish and 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.
7. Information Control
Chavex does not control the Content provided by users that is made available on Chavex. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also 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 Chavex, you agree to accept such risks and expressly agree that Chavex (and Chavex's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Chavex. Please use caution, common sense, and practice safe buying and selling when using Chavex.
Other Resources: Chavex is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Chavex 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 Chavex 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.
8. Disputes, Arbitration, Class Waiver and Venue
(A) JAMS: In the event a dispute arises between you and Chavex, please contact Chavex. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Riverside County, California, 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. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
(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 Central District of California. 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 Chavex 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: Should you have a dispute with one or more users, or an outside party, you release Chavex (and Chavex'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. Chavex encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Chavex, for the benefit of users, may try to help users resolve disputes. Chavex does so in Chavex's sole discretion, and Chavex has no obligation to resolve disputes between users or between users and outside parties.CHAVEX WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE OR UNREASONABLY INFLAMMATORY. To the extent that Chavex attempts to resolve a dispute, Chavex will do so in good faith based solely on Chavex's policies. In the event Chavex involves itself in a dispute between customers, you expressly waive and release Chavex (and Chavex'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.
(G) Full Waiver: You expressly waive and release Chavex (and Chavex'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.
9. Financing Vendors
From time to time Chavex may offer financing options and alternatives through Affirm, Inc. or other similar third party vendors (“Financing Vendors”). You acknowledge that Financing Vendors are not agents of Chavex and Chavex 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 Chavex that arise out of your use of, or the services of, any Financing Vendors.
10. 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 Chavex 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 Chavex. You hereby expressly consent to communications of any kind from Chavex.
11. Chavex's Intellectual Property
Chavex, and other Chavex graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Chavex or its affiliated companies in the U.S. and/or other countries. Chavex's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Chavex.
12. Access and Interference
Chavex may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Chavex is updated on a real-time basis and is proprietary or is licensed to Chavex by Chavex's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Chavex for any purpose whatsoever, except to the extent expressly permitted by Chavex's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Chavex's sole discretion, an unreasonable or disproportionately large load on Chavex's infrastructure. You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. 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 Chavex's robot exclusion headers or other measures Chavex may use to prevent or restrict access to Chavex.
15. No Warranty
CHAVEX’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE CHAVEX’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. CHAVEX’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 CHAVEX SHALL CREATE ANY WARRANTY.
16. Limitation of Liability
IN NO EVENT SHALL CHAVEX, AND (AS APPLICABLE) CHAVEX’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, CHAVEX’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CHAVEX’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CHAVEX’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 CHAVEX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
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 Chavex 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 YOUR HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST CHAVEX RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD CHAVEX AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST CHAVEX.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
YOU AGREE TO INDEMNIFY AND HOLD CHAVEX AND (AS APPLICABLE) CHAVEX'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' 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 THE RIGHTS OF A THIRD PARTY.
19. No Guarantee
Chavex does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Chavex's control.
20. Copyright 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. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us immediately.
21. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Chavex 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 Chavex's net income). This responsibility includes applicable customs and fees for import and export sales; Chavex assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Chavex. If you complete 200 transactions or more and receive over $20,000 in income from the site, exclusive of Chavex's fees, you will receive a Form 1099 from Chavex and be obligated to pay income tax on your earnings. Chavex is not responsible, in any manner, for paying taxes on your earnings.
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.
23. No Agency
You and Chavex are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
25. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
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 Chavex; Attn: Legal Department; 2795 Cabot Dr, Corona, CA, 92883 (in the case of Chavex) or, in your case, to the email address you provide to Chavex (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Chavex may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Chavex. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Chavex.com, LLC, located at 2795 Cabot Dr, Corona, CA, 92883. If you are an California 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.