Information about Tuner Exchange

Terms of use

Terms of Use

Last updated: March 20, 2016

Please read these terms of use (“Agreement” or “Terms and Conditions”) carefully before using the website and services offered by Tuner Exchange, LLC (“Tuner Exchange ”). The Agreement sets out the legally binding terms and conditions for your use of the website at tunrex.com (the “Site”) and all services provided by Tuner Exchange on the site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

WHAT IS Tuner Exchange?

Tuner Exchange is an online marketplace, that connects buyer and sellers of Japanese automotive parts.
Tuner Exchange supports individual sellers and small businesses, that may possibly have their own store and are looking to diversify their selling options. We support sellers that have a legitimate business, physically own their stock and take their own pictures for the Tuner Exchange marketplace.
Tuner Exchange offers submissions of all Japanese automotive parts, with the exception of replica wheels and body kits. The Tuner Exchange Review Team reserve the right to remove any listing which they feel does not meet this criteria. If making reference to third parties intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose, in accordance with intellectual property law.


Tuner Exchange IS A VENUE

Tuner Exchange acts as a venue to allow users, who comply with this agreement. Tuner Exchange is not directly involved in the transactions between buyers and sellers. As a result, Tuner Exchange has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Tuner Exchange cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Tuner Exchange cannot and does not transfer legal ownership of items from the seller to the buyer.
You agree that Tuner Exchange is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles,  items, and links posted by you, other users, or outside parties on Tuner Exchange. You use the Tuner Exchange service at your own risk.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Tuner Exchange’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Tuner Exchange, each of which is incorporated herein by reference and each of which may be updated by Tuner Exchange from time to time without notice to you:
  • Terms of Use
  • Privacy Policy
In addition, some services offered through the Site may be subject to additional terms and conditions published by Tuner Exchange from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: 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 Tuner Exchange of any unauthorized use of your password or any breach of security. You also agree that Tuner Exchange 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/or password information to any other party other than Tuner Exchange without Tuner Exchange’s written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Tuner Exchange you must provide and maintain a valid PayPal account and postal address.
Account Transfer: You may not transfer or sell your Tuner Exchange 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.
Account Ownership: Tuner Exchange may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder.
Feedback: Tuner Exchange takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Tuner Exchange team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: Tuner Exchange reserves the right to refuse service to anyone at any time. Tuner Exchange’s services are not available to temporarily or indefinitely suspended Tuner Exchange members. Tuner Exchange reserves the right, in Tuner Exchange’s sole discretion, to cancel unconfirmed or inactive accounts.


LISTING AND SELLING

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Tuner Exchange’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 listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate sub-categories. You must not list an item more than once, unless the item’s listing has naturally expired. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales, including those as a result of using the “make an offer” feature, are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 10 days, 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.
Termination Avoidance: 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 posting the items. Sellers may not charge excessive shipping fees, alter the item’s price after a sale, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on Tuner Exchange outside of the Tuner Exchange site, such as directly through PayPal.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s shop only. Promotional codes have no cash value and cannot be exchanged for money or credit.


PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to Tuner Exchange and any and all data, text, information, usernames, graphics, images, photographs, profiles, items, and links (together, “Content”) that you submit, post, and display on Tuner Exchange.
Restricted Activities: Your Content and your use of Tuner Exchange:
  • Must not be false, inaccurate or misleading
  • Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Must not contain items that have been identified as hazardous to consumers
  • Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Tuner Exchange staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Must not be obscene
  • Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  • Must not modify, adapt or hack Tuner Exchange or modify another website so as to falsely imply that it is associated with Tuner Exchange;
  • Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Tuner Exchange.
Furthermore, you must not list any item on Tuner Exchange (or conclude any transaction that was initiated using Tuner Exchange’s service) that, by paying to Tuner Exchange a commission fee, could cause Tuner Exchange to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

CONTENT

License: Tuner Exchange does not claim ownership rights in your Content. You grant Tuner Exchange a license solely to enable Tuner Exchange to use any information or Content you supply Tuner Exchange with so that Tuner Exchange is not violating any rights you might have in that Content. You grant Tuner Exchange a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Tuner Exchange to store or re-format your Content on Tuner Exchange and display your Content on Tuner Exchange in any way as Tuner Exchange chooses. Tuner Exchange will only use personal information in accordance with Tuner Exchange’s Privacy Policy.
By uploading Content to Tuner Exchange you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Tuner Exchange receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Tuner Exchange for any loss suffered. Tuner Exchange reserves the right to remove any such Content immediately.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Tuner Exchange user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Tuner Exchange-related communications. Tuner Exchange has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Tuner Exchange user to your email or physical mail list. For more information, see Tuner Exchange’s Privacy Policy.
By uploading product images to Tuner Exchange, you agree that Tuner Exchange has the right to use your images to promote Tuner Exchange and/or your shop in any external press as well as across all Tuner Exchange Websites.
Re-Posting Content: By posting Content on Tuner Exchange, it is possible for an outside website or a third party to re-post that Content. You agree to hold Tuner Exchange harmless for any dispute concerning this use. If you choose to display your own Tuner Exchange-hosted image on another website, the image must provide a link back to its listing page on Tuner Exchange.
Idea Submissions: Tuner Exchange 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 Tuner Exchange shall not be liable for the disclosure or use of such Material. If, at Tuner Exchange’s request, any member sends Material to improve the site (for example to customer support), Tuner Exchange will also consider that Material to be non-confidential and non-proprietary and will not be liable for use or disclosure of the Material. Any communication by you to Tuner Exchange is subject to this Agreement. You hereby grant and agree to grant Tuner Exchange, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable 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 systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.


INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING

Users are solely responsible for interactions with others. Users understand that Tuner Exchange does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
  • You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.
  • Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
  • You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
  • If someone explicitly tells you not to contact them, you must not contact them again, unless you are involved in an open transaction.
  • As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact Tuner Exchange who will review account activity and enable your account if spam-free.


INFORMATION CONTROL

Tuner Exchange does not control the Content provided by users that is made available on Tuner Exchange. 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 pre tense.
Additionally, there may also be risks dealing with international trade. By using Tuner Exchange, you agree to accept such risks and that Tuner Exchange (and Tuner Exchange’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Tuner Exchange.Please use caution, common sense, and practice safe buying and selling when using Tuner Exchange.
Other Resources: Tuner Exchange is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Tuner Exchange 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 Tuner Exchange 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 or via pop ups which may appear when accessing the Site from your computer.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and Tuner Exchange, please contact Tuner Exchange.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of the United States of America. 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.
Should you have a dispute with one or more users, or an outside party, you release Tuner Exchange (and its 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.
Tuner Exchange, for the benefit of users, may try to help users resolve disputes. Tuner Exchange does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Tuner Exchange attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Tuner Exchange will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.


Tuner Exchange’s INTELLECTUAL PROPERTY

Tuner Exchange, and other Tuner Exchange graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or Tuner Exchange, LLC and its subsidiaries. Tuner Exchange’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.


BREACH

Without limiting any other remedies, Tuner Exchange may, without notice, and without paying out any commission, delay or immediately remove Content, warn Tuner Exchange’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
  • Tuner Exchange suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • Tuner Exchange is unable to verify or authenticate any of your personal information or Content
  • Tuner Exchange believes that a user is acting inconsistently with the letter or spirit of Tuner Exchange’s policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Tuner Exchange or the actions may cause legal liability or financial loss to Tuner Exchange’s users or to Tuner Exchange.


PRIVACY

Except as provided in Tuner Exchange’s Privacy Policy Tuner Exchange will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

NO WARRANTY

TUNER EXCHANGE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE TUNER EXCHANGE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TUNER EXCHANGE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY 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 TUNER EXCHANGE SHALL CREATE ANY WARRANTY.

LIABILITY LIMIT

IN NO EVENT SHALL TUNER EXCHANGE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR 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, TUNER EXCHANGE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TUNER EXCHANGE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TUNER EXCHANGE’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE COMMISSION OF THAT SALE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.


INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD TUNER EXCHANGE AND (AS APPLICABLE) TUNER EXCHANGE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL 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 BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

Tuner Exchange does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Tuner Exchange’s control or otherwise.

LEGAL COMPLIANCE AND TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Tuner Exchange 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.


SEVERABILITY

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.

NO AGENCY

You and Tuner Exchange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Tuner Exchange SERVICE
Tuner Exchange reserves the right to modify or terminate the Tuner Exchange service for any reason, without notice, at any time. Tuner Exchange reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Tuner Exchange makes a material change Tuner Exchange will notify you here, by email, or other places Tuner Exchange deems appropriate. What constitutes a “material change” will be determined at Tuner Exchange’s sole discretion, in good faith, and using common sense and reasonable judgment.


CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of the United States of America.

SURVIVAL

Sections What is Tuner Exchange Is A Venue, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, Tuner Exchange’s Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Sever-ability, No Agency, Tuner Exchange Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by mail to Tuner Exchange; 10125 Colesville Rd #107, Silver Spring, MD 20901 (in the case of Tuner Exchange) or, in your case, to the email address you provide to Tuner Exchange (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, Tuner Exchange may give you notice by mail to the address provided to Tuner Exchange. In such case, notice shall be deemed given three days after the date of posting.
Please note that Tuner Exchange will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.


DISCLOSURES

The services hereunder are offered by Tuner Exchange, LLC located at 10125 Colesville Rd #107, Silver Spring, MD 20901