The following policies (showing their last updated date) are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Used Band Equipment services we offer:

The Legal Relationship between a Seller and Used Band Equipment.com.

The Legal Relationship between a Buyer and Used Band Equipment.com.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular Services, you agree that you are subject to any policies or rules which are posted in conjunction with those Services. All such posted policies or rules are hereby incorporated by reference into this Agreement.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH USEDBANDEQUIPMENT.COM OFFERS YOU ACCESS TO OUR SERVICES.

These Terms of Use Agreement is a contract between you and Used Band Equipment.com, and applies to your use of the Used Band Equipment service and any related products and services available through www.usedbandequipment.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of UsedBandEquipment.com. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a UsedBandEquipment.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other UsedBandEquipment.com websites and Services will be governed by the terms and conditions posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. You may review the current Agreement prior to initiating a transaction at any time at our Terms of Use page.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Used Band Equipment," "we" or "our" will refer collectively to Used Band Equipment.com. and its subsidiaries.

This Agreement was last modified on January 8, 2006.

1. Eligibility. In order to use the Service as a seller, you must register for an account. Sellers may only hold one account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk. Buyers do not need to hold an account, but must follow the rules contained herein that apply to buyers.

2. The Legal Relationship between a Seller and Used Band Equipment.com.

2.1 Listing Relationship. Used Band Equipment.com acts as a facilitator to help you sell used band equipment. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Used Band Equipment.com is will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or any other purpose. You acknowledge that Used Band Equipment is not a bank and the Service is more of a consignment store rather than a banking service, and Used Band Equipment is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a listing service.

2.2 Used Band Equipment.com is only a listing service. Used Band Equipment acts as a place to advertise your used band equipment

2.3 Used Band Equipment.com must ensure delivery. Used Band Equipment collects on your behalf. Used Band Equipment will not pay you until the buyer as agreed that goods have been delivered, or you ship using a trackable service and signature of such delivery has been made. If no proof is found of delivery, Used Band Equipment will refund the entire amount to the buyer.

2.4 Used Band Equipement.com will collect 9% commission on sale. This commission will be used for administrative fees, transaction fees and advertising expenses. This rate is based on the total price of the item not including shipping.

2.5 Banning Sellers. Used Band Equipment.com reserves the right to ban a seller at any time for any reason. Any pending transactions will be completed, but listings could be revoked and the user will be banned from using the service.

2.6 Manipulation of Graphics. Used Band Equipment may manipulate graphics sent in to make them more presentable or smaller in size. Used Band Equipment.com will not misrepresent items being sold. Manipulation may include resizing height or shape of images.

2.7 Identity Authentication. Identity will be authenticated for sellers wanting to list equipment or withdraw money. However, because user verification on the Internet is difficult, Used Band Equipment.com cannot and does not guarantee any user's identity.

2.8 Release. In the event that you have a dispute with one or more users, you release Used Band Equipment.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature 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 not known by him must have materially affected his settlement with the debtor."

3. The Legal Relationship between a Buyer and Used Band Equipment.com.

3.1 Listing Relationship. Used Band Equipment.com acts as a facilitator to help sellers sell used band equipment to the buyer. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Used Band Equipment.com is will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or any other purpose. You acknowledge that Used Band Equipment is not a bank and the Service is more of a consignment store rather than a banking service, and Used Band Equipment is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a listing service.

3.2 Identity Authentication. Identity will be authenticated for sellers wanting to list equipment or withdraw money. However, because user verification on the Internet is difficult, Used Band Equipment.com cannot and does not guarantee any user's identity.

3.3 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Used Band Equipment.com shall make reasonable efforts to ensure that merchandise is shipped promptly and in the condition as stated but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the shipping from the seller, or availability. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

3.4 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

3.5 Indemnification. You agree to indemnify and hold Used Band Equipment.com, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred 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 relating to your use of the Service.

You further understand that, if you use the Used Band Equipment.com service in a manner that violates the Acceptable Use Policy, including but not limited to the three categories described above, Used Band Equipment.com may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers.