Preamble
1. Adherence to Terms of Use and Community Rules
2. Wholly Responsible/No Liability
3. Uptime/No Warranty
4. Waiver of all Claims
5. Indemnification
6. Limitation of Liability

PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE “REVERB SITES” FEATURE OFFERED BY REVERB.COM, LLC. ("REVERB"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF REVERB SITES AND ALL SERVICES PROVIDED BY REVERB THROUGH REVERB SITES (THE “SERVICES”). BY USING REVERB SITES, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING REVERB SITES YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF REVERB SITES, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES THROUGH REVERB SITES. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE REVERB SITES.

1. Adherence to Terms of Use and Community Rules

By using Reverb Sites, in addition to the Terms of Use set forth herein, You agree to be bound by, and adhere to, the General Terms of Use and Community Rules set forth on the website Reverb.com.

2. Wholly Responsible/No Liability

You agree that the Reverb Sites service is merely powered by Reverb and the content contained therein is provided by You as the User. Reverb is not responsible for any content uploaded onto Reverb Sites and reserves the right, in its sole discretion, to remove content that is deemed in violation of Reverb’s Terms of Use and Community Rules.

Additionally, Reverb retains no liability for any items offered or sold through Reverb Sites subject solely to Reverb’s obligations for items that are co-listed on the Reverb.com digital marketplace. To the extent You use, or Reverb requires You to use, the “Sites Exclusive” functionality on Reverb Sites, you retain sole responsibility and liability for any and all items that are sold exclusively through your Reverb Site including, but not limited to, all returns, refunds, representations, warranties, and guarantees.

Reverb is not responsible for any violations of intellectual property laws including, but not limited to, trademark, copyright or patent infringement (“IP Infringement”) associated with Your use of Reverb Sites. Any allegations of IP Infringement will be forwarded to You for response and You agree that You will remain solely responsible for handling these issues from the time of Your receipt of notice going forward.

3. Uptime/No Warranty

Reverb endeavors to provide You with 99.5% service level availability, but makes no representations or warranties regarding the same. Reverb is not responsible for any lost sales resulting from downtime or maintenance of Reverb Sites.

4. Waiver of All Claims

You expressly waive and release Reverb (and Reverb'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 Your use of Reverb Sites.

5. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD REVERB AND (AS APPLICABLE) REVERB'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 THESE TERMS OF USE, THE MAIN TERMS OF USE, THE PRIVACY POLICY, THE COMMUNITY RULES, THE DOCUMENTS OR POLICIES THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

6. Limitation of Liability

IN NO EVENT SHALL REVERB, AND (AS APPLICABLE) REVERB’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 REVERB SITES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. REVERB’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF REVERB’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

Updated: October 10, 2018