Terms of service
Terms of Service
Effective Date: 05-05-2025
Welcome to AudioSellerz.com!
By accessing or using AudioSellerz.com and/or Audio Sellerz LLC products or services (the “Site” and “Company”), you agree to comply with and be bound by these Terms of Service (the “Terms”). Please read them carefully before using our Site or making a purchase. This includes, but is not limited to, transactions at our local store located in Norton, Ohio.
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1. Overview
AudioSellerz.com is operated by Audio Sellerz LLC, located at 3132 Wadsworth Rd, Norton, OH 44203. The terms “we,” “us,” and “our” refer to Audio Sellerz LLC. By using this Site, you agree to the terms outlined below.
2. Eligibility
You must be at least 18 years old to use this Site or place an order, or have permission and supervision of a parent or legal guardian.
3. Product Information & Availability
We do our best to keep product listings accurate, including descriptions, pricing, and availability. However, errors may occur. We reserve the right to modify or discontinue any item at any time without notice.
3A. Intellectual Property & Brand Assets
Our Content. All content we create or post on our website, social media, YouTube, ads, or any platform where we promote Audio Sellerz—including photos, videos, graphics, copy, layouts, downloads, and product images—is owned by Audio Sellerz LLC or used under license. All rights reserved.
Logos, Names & Trade Dress. “Audio Sellerz,” “AudioSellerz.com,” our logos, product shots, artwork, colorways, and overall look/feel (trade dress) are protected. No use without our written permission. This includes use on websites, videos, thumbnails, ads, social handles/page names, domains/subdomains, meta tags/hidden tags, keywords, or any merchandise. Counterfeit or unauthorized merch is strictly prohibited.
Limited License to View/Share. You may view our public content and share it only via the platform’s native share features. Any other copying, scraping, mirroring, reposting, editing, or commercial use—including training AI models on our content—requires our written permission.
3B. Private Property — Recording & Visitor Content
Private Property Rule. Our entire site (parking areas, driveways, walkways, lobby/showroom, offices, shop bays, side/rear lots) is private property. No recording (video/audio/photos) anywhere on the property without our prior written consent. This includes cell phones, body cams, dash cams, or hidden devices. We may refuse service or ask you to leave for unauthorized recording; continued recording after notice may be treated as trespass.
Assignment/License of Visitor Recordings (Condition of Entry). As a condition of entering and remaining on our property, any photos/videos/audio you capture on our property that depict our premises, products, operations, staff, or customers are (i) deemed works made for hire for Audio Sellerz LLC; and to the extent that is not effective, you hereby assign all rights (including copyright) to Audio Sellerz LLC; or, as a fallback, you grant us an exclusive, perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, display, adapt, publish, distribute, and enforce such recordings for security, insurance, dispute resolution, compliance, and brand protection (including takedowns of false content).
Delivery & No Publication Without Consent. On written request, you will promptly deliver the original/highest-quality copy and execute documents needed to confirm the assignment/license. You may not publish or distribute recordings captured on our property without our written consent. Unauthorized recording/publication causes difficult-to-measure harm; liquidated damages of $25,000 per incident (or greater proven damages) apply, plus reasonable attorneys’ fees, costs, and injunctive relief.
Public Right-of-Way. We do not claim ownership of recordings made off-premises from a public roadway/sidewalk that incidentally depict our building, provided no confidential information is shown.
3C. Product Descriptions & Site Copy (Ownership; No Copying or Reuse)
What’s covered. All written content on our website and channels—including product descriptions, titles, bullet lists, specifications, compatibility notes, installation notes, FAQs, comparison charts, category copy, how-to text, blogs, meta descriptions/titles, and structured data (schema/JSON-LD), plus any associated alt text/captions—is owned by Audio Sellerz LLC (or used under license). All rights reserved.
No reuse without permission. You may not copy, mirror, scrape, republish, paraphrase/“rewrite,” translate, or otherwise use our product descriptions or other site copy for any commercial purpose (including on marketplaces, dealer sites, social media, ads, or AI training) without our prior written consent. Limited quoting for bona-fide editorial review or linking is allowed if (i) clearly attributed to AudioSellerz.com, (ii) non-commercial, and (iii) not used to sell competing products.
Enforcement & remedies. We will pursue takedowns with hosts, marketplaces, search engines, and payment providers; seek injunctive relief; and pursue statutory damages and attorneys’ fees to the maximum extent allowed for copyright/trademark violations. Repeat or willful infringements may result in account/wholesale termination and reporting to brands/manufacturers.
3D. IP Enforcement, Liquidated Damages & Fee-Shift
Covered Violations (examples): unauthorized use of our name/logo/trade dress; copying or paraphrasing our product descriptions/site copy; reposting/editing our photos/videos/graphics; running ads or pages that imply affiliation; selling counterfeit/“inspired-by” merch; using our marks in domains/handles/meta tags/keywords; scraping for commercial reuse or AI training; creating look-alike pages/ads or using our marks to collect payments or leads while implying affiliation (“imposter” sites, spoofed socials, phishing); and any other use of our brand/content without written permission.
Liquidated Damages (Per Incident): Because the harm from brand/content theft is hard to measure (lost goodwill, search dilution, marketplace confusion), you agree to pay $250,000 per incident of unauthorized use or our actual/statutory damages if greater, plus reasonable attorneys’ fees and costs, injunctive relief, and takedown via platforms/hosts/registrars/payment processors. Each page/listing/post/ad/upload may be treated as a separate incident. We may also seek disgorgement of profits and destruction/seizure of counterfeit goods where available.
No Permission Implied. Nothing in these Terms grants you any license to our content or marks. All rights reserved.
3E. Anti-Impersonation & Official Channels
Official Channels. Our official website and social profiles are the ones linked in the header/footer of AudioSellerz.com. Any other account, page, domain, or listing is not authorized unless we say so in writing.
Platform & Registrar Cooperation. You authorize platforms/hosts/registrars/payment processors to disclose to us basic account information related to an infringing or impersonating page/listing/domain and to remove or transfer such properties upon our verified notice. You agree to cooperate in takedowns, transfers, and destruction of counterfeit materials.
Dealer/Partner Use. Authorized dealers may use approved assets only under a separate written permission from Audio Sellerz LLC. Permission may be revoked at any time. Unauthorized or continued use after revocation is a violation subject to Section 3D.
3F. DMCA Agent (Copyright Claims)
If you believe content on our Site infringes your copyright, send a DMCA notice to:
DMCA Agent: Audio Sellerz LLC – Legal
Address: 3132 Wadsworth Rd, Norton, OH 44203
Email: support@audiosellerz.com
Include: (1) your signature; (2) work claimed infringed; (3) infringing URL(s); (4) your contact info; (5) good-faith statement; (6) perjury statement of authority.
We respond per the DMCA and may disable/remove material and notify the user.
4. Pricing & Payments
Prices are listed in USD and are subject to change without notice. Prices may change up until the items are shipped. If prices change from the manufacturer, we are required to honor the applicable Minimum Advertised Price (MAP) policies set by the manufacturer. We accept major credit cards and online payment platforms. Orders are processed once payment is authorized.
Important Pricing Notice: From time to time, certain costs may increase unexpectedly due to factors outside our control, including but not limited to manufacturer price adjustments, supply and demand changes, global tariffs, material shortages, or freight increases. In all such cases, these additional costs will be passed directly onto the customer. This applies to all products, including but not limited to custom-made items and pre-orders. By placing an order, you acknowledge and accept that pricing is subject to these external influences and may be updated accordingly at any time prior to shipment.
4A. Payment Authorization & ID Verification
For in-store pickup or high-risk orders, we may require photo ID, the payment card used, and a signed authorization form. We may cancel/refund any order that fails verification. Chargebacks on verified, released orders are subject to Section 8.
4A(1). Cardholder Authorization & Fraud Cooperation
For in-store pickup or local release, the cardholder (or authorized user) must present matching photo ID and the payment card; we may obtain a signed Card Authorization and Pickup Release. If you claim an unauthorized charge, you agree to cooperate with our bank, card network, and law enforcement (including signed affidavits, a police report if requested, and device/IP information). Refusal to cooperate may be used as evidence against unauthorized-use claims.
4A(2). Third-Party Payment / Authorized User
If someone other than the titled owner pays for an order or vehicle release, the payer represents they are the cardholder/authorized user and consents to ID capture and signature at release. The customer authorizes us to share basic order facts with the cardholder for fraud prevention.
4B. Card Surcharges & Returned Payments
Where permitted by law, card or digital-wallet payments may include a clearly disclosed surcharge. Any returned/failed payments (NSF/ACH/card reversal) incur a $35 processing fee plus any third-party fees we incur.
4C. Business Accounts — Personal Guaranty (Optional)
If you purchase on behalf of a business and request terms or special pricing, you personally guarantee payment of all charges, fees, interest (see Section 15), and enforcement costs if the business does not pay.
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5. Shipping & Delivery
We ship within the United States. While we strive for fast delivery, shipping timelines are estimates and not guaranteed.
Important Shipping Notice: Once an item leaves Audio Sellerz LLC and/or its partners/affiliates, it becomes the responsibility of the shipping carrier. In the event of a lost or damaged shipment, we will assist you in filing a claim with the carrier. No replacement will be shipped until the claim is resolved and payment is received from the shipping carrier.
5A. Optional Shipping Insurance (Strongly Recommended)
At checkout—or by written request before shipment—you may purchase optional shipping insurance to protect your order during transit against loss, theft, or damage. If you do not purchase optional shipping insurance, you acknowledge and agree that Audio Sellerz LLC has no obligation to replace, refund, or otherwise compensate you for any loss, theft, or damage occurring after the shipment is tendered to the carrier. By placing an order without optional shipping insurance, you further agree not to initiate a chargeback for carrier-related loss, theft, or damage and to use the carrier claim process described in these Terms.
5B. Address Accuracy & Redirection
You are responsible for correct shipping info. Carrier address changes/returns caused by inaccurate info may incur additional shipping + handling. Refused/undeliverable packages are processed per the Returns policy (if eligible).
5C. Cooperation for Carrier/Insurance Claims
You agree to cooperate with carrier/insurer investigations (photos, affidavits, damage notes). Failure to cooperate may void replacement eligibility where 5A insurance is required.
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6. Made-to-Order / Custom Products (All Sales Final)
The following items are built to order:
• Subwoofer Boxes • Alternators • Apparel
Standard lead time is 2–3 weeks. In some rare cases, production may take longer due to demand. These items cannot be canceled or refunded once the order is submitted, as production begins immediately.
6A. Custom Spec Sheet Acknowledgment (Final Sale)
Custom/built-to-order work requires a signed Spec Sheet (dimensions, tuning, impedance, finish, options). You initial each key spec and check FINAL SALE. This confirms approval and prevents misunderstandings. Changes after approval may require a new quote and timeline.
6B. Engineering/Design & Diagnostic Fees (Non-Refundable)
Design, CAD, tuning profiles, port math, DSP files, and diagnostic time are non-refundable once performed, even if you later cancel other work.
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7. Returns & Restocking Policy (Standard, Non-Custom Items Only)
We offer a 30-day return window from the date of purchase.
To be eligible for a return:
• Items must be in new, unused condition
• Original packaging must be included
• You must contact us first for return authorization
Refunds will be assessed upon receipt of the item. A minimum 10% restocking fee applies to all returns. Higher fees may be charged depending on the condition of the returned product (e.g., opened or damaged packaging).
IMPORTANT: All made-to-order items—including but not limited to subwoofer boxes, alternators, and apparel—are non-returnable and non-refundable. These items are custom-built just for you. Once your order is submitted, it goes into production.
✅ Make sure this is exactly what you need before placing the order. There are no cancellations or returns once production has started.
7A. RMA Procedures & Condition
All returns require an RMA and must include all accessories/packaging. Items showing install marks, abuse, liquid damage, altered serials, or missing parts are not eligible or may incur additional restocking. Returns must include all accessories, packaging, UPC/serial labels, and any included documentation; incomplete returns may be rejected or incur additional restocking.
7B. Open-Box / B-Stock
Open-box, B-stock, clearance, or “as-is” items are final sale and not eligible for return unless stated in writing at sale.
7C. Unauthorized Returns (Handling & Disposition)
Returns sent without an RMA, or returns of custom/final-sale items, may be refused or returned to sender at your expense. If we receive an unauthorized return, we will hold it for 10 business days awaiting your shipping label; storage/handling may apply. Unclaimed items may be treated per Section 21 (abandoned property). Unauthorized returns followed by a chargeback constitute breach and trigger Section 8 remedies.
7D. Custom/Final-Sale — No Returns, No Chargebacks
Custom, built-to-order, or made-to-spec items (§§6–6B) are final sale and not returnable for any reason, including installation difficulty, change of mind, or “didn’t fit my setup.” Initiating a chargeback for a custom/final-sale item is a breach of these Terms and triggers Section 8 remedies (liquidated damages, fees, and enforcement), plus title/security remedies (§29) if installed goods are unpaid.
7E. Refund Deductions (Card Fees & Shipping)
If we approve a refund for any reason, the refund will be issued minus: (i) non-refundable payment-processor/credit-card fees charged to us on the original transaction; and (ii) any shipping and optional shipping-insurance charges. Original shipping and return shipping are not refundable. This applies to partial and full refunds, unless the refund is due solely to our error.
7F. Condition-Based Deductions (Damage, Wear, Missing Parts)
If a returned item or its retail box arrives damaged, altered, used/installed, or missing accessories/packaging, we will assess diminished value and refurbishment costs in our reasonable judgment to bring the transaction to break-even. Deductions may include: repair/refurb labor, replacement parts, re-packaging/re-boxing fees, cleaning, missing accessory charges, and any loss in resale value. If the product is no longer resalable as new, we may deduct up to the full product price (return denied or refund = $0). We will document condition with photos and note deductions on your RMA record.
7G. Packaging & Risk of Loss on Returns
You are responsible for proper packaging and insurance on returns. Risk of loss/damage remains with you until delivered to us and inspected. Ship in the original retail box placed inside a protective outer box with adequate padding; do not ship the retail box as the shipping box. Items damaged in transit due to poor packaging will be handled under 7F (condition-based deductions) and may be refused.
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8. Chargebacks — Evidence, Liquidated Damages & Fees
We take fraud seriously and will contest improper chargebacks. If you initiate a chargeback without first giving us a reasonable opportunity to resolve the issue, or for amounts related to custom/non-returnable goods, you agree that our losses are difficult to measure and the following constitutes a reasonable pre-estimate of damages:
• Liquidated Damages: 2× the disputed amount (or actual damages if greater)
• Administrative/Labor Time: minimum 20 hours at $100/hour (=$2,000) for evidence assembly, documentation/exhibits, customer/third-party communications, and preparation/filing/prosecution of claims. If actual time exceeds 20 hours, we will seek the greater, actual amount at $100/hour.
• Processor & Logistics Fees: recovery of payment-processor chargeback fees, return shipping/re-shipping, re-stock, re-packaging, and any carrier/insurance costs reasonably incurred.
• Attorneys’ fees, filing fees, and allowable costs.
Mechanic’s/Repairer’s Lien Notice (Chargebacks involving Labor): If your transaction includes labor performed on a vehicle or property, the filing date of any chargeback will be deemed (i) the date of last work performed and (ii) notice of nonpayment for purposes of calculating storage, issuing required notices, and initiating any mechanic’s/repairer’s lien or title proceedings (see Section 18).
We may also refer evidence to law enforcement when we reasonably suspect fraud.
8A. E-Sign & Electronic Notices
You consent to transact electronically. Order confirmations, invoices, policy updates, and dispute notices may be sent by email or SMS to the contacts you provide.
8B. E-Signature & Photo ID Consent
You consent to the use of electronic signatures and to our reasonable collection of photo ID at pickup or for fraud prevention. We may store signature/ID copies for dispute resolution consistent with our policies.
8C. Nonpayment/Chargeback — Return, Uninstall & Title/Lien Remedies
If any portion of your payment is reversed, charged back, rejected, or not received for work that includes parts/equipment installed into your vehicle or property:
Retention of Title / Security Interest. Until paid in full, Audio Sellerz LLC retains title to installed parts/equipment and a purchase-money security interest in those goods (see Section 29).
Mandatory Presentation for Uninstall. Within 5 calendar days of our written notice, you must present the vehicle/property at our shop (during business hours) so we can remove or disable the unpaid parts/equipment and restore to a safe, pre-install state where practicable. Provide keys, access codes, and reasonable cooperation.
Access by Appointment Only (No Forced Entry). Removal occurs at our facility or another mutually agreed location, by appointment. We will not enter a vehicle or location without your presence or consent, and we will not use force. If you refuse to present the vehicle/property, we may pursue mechanic’s/repairer’s lien, title, replevin, and injunctive relief (see Section 18).
Storage, Towing & Costs. Failure to present the vehicle/property may result in storage charges, towing, and court/collection costs (Sections 15 and 18).
Condition & Care. During removal, we exercise ordinary care and are not responsible for pre-existing/hidden conditions, brittle clips, prior wiring, or third-party add-ons that complicate uninstall (see 20A). You remain responsible for cover/replacement costs needed to safely return the vehicle to a reasonable pre-install condition.
No Use or Sale of Our Goods. You may not use, move, sell, or encumber our retained-title goods until the balance is paid in full. Doing so constitutes conversion and may result in injunctive relief, damages, and attorneys’ fees.
Evidence & Cooperation. You agree to preserve communications and cooperate in dispute resolution with the processor/carrier; failure to cooperate may increase your liability under Section 8.
8D. Ohio Lien Timing — Chargeback = Work Date & Nonpayment Notice
For projects involving labor on a vehicle or other property that was released to you, if any payment is reversed, charged back, returned, or not honored after release, you agree that—for all timing, notice, and filing purposes under Ohio mechanic’s/garageman’s lien and title statutes—the date we receive the chargeback/return notice will be deemed: (i) the “date labor was last performed” (work date); (ii) the date of nonpayment notice from you to us; and (iii) the date we demanded possession/presentation of the vehicle/property for uninstall or security (see 8C, 18). You waive and agree not to assert any defense that the statutory filing clock began only on the physical completion/release date. You consent to email/SMS as valid written notice addresses for all lien-related communications. If a court declines to apply this reset, the chargeback date shall at minimum be treated as the nonpayment notice date and demand date for all available remedies.
8E. Card-Not-Present Evidence Package
You agree that AVS/CVV results, device fingerprinting, IP geolocation, login history, order-confirmation emails/SMS, carrier scans/signatures, and our checkout Terms acceptance constitute reliable evidence of authorization and receipt.
8F. Custom-Item Chargebacks (Bad-Faith Disputes)
Filing or assisting a chargeback on a custom/final-sale item after acceptance of §§6–6B constitutes bad-faith dispute conduct. In addition to §§8(A)–(E), you are liable for: (i) two-way shipping and handling; (ii) inspection/repackaging; (iii) loss in value; and (iv) liquidated damages equal to 2× the charged-back amount or $2,000, whichever is greater, plus attorneys’ fees and allowable costs. If any custom goods were installed and remain unpaid, we may pursue uninstall, lien/title, replevin, and other remedies under §§8C–8D and §29.
Checkout/Release Notice
By completing checkout or taking delivery/pickup, you confirm you are the authorized cardholder or have cardholder permission. You acknowledge that custom/built-to-order items (§§6–6B) are final sale and not returnable, and that disputing such charges through a chargeback violates these Terms and triggers Section 8 remedies and Section 29 title/security remedies.
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9. Warranties
Most products are covered by a manufacturer’s warranty. Audio Sellerz LLC does not offer extended warranties unless specified. Warranty claims must be directed to the product manufacturer. We will assist you within the manufacturer’s process.
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10. Cancellations (Any Items We Sell or Offer)
Customer cancellations: For in-stock, non-custom items you may request cancellation before shipment. Once shipped, the Returns policy (if eligible) applies.
Our Right to Cancel / Refuse Service: We reserve the right to cancel any order, suspend fulfillment, refuse or limit service, or restrict payment methods at any time and for any reason we deem appropriate—including purely discretionary reasons (for example, we simply choose not to do business with you)—except where prohibited by law. We do not refuse service on the basis of any protected characteristic (e.g., race, color, religion, national origin, disability, sex, etc.). If we cancel an order, we will issue a refund of amounts paid for any unfulfilled items to the original payment method (or by alternative method if the original is unavailable). We are not liable for indirect or consequential damages arising from such cancellation.
Custom / Built-to-Order: Custom, built-to-order, or made-to-spec items are final sale and non-cancelable once submitted (see Section 6).
Account Actions: Repeated policy violations, abusive behavior, or payment disputes may result in account closure and refusal of future service.
10A. Cancellation Refund Deductions (Standard Items)
If we approve a customer-requested cancellation or change after payment is captured (and before shipment), any refund will be net of the non-refundable payment-processor/credit-card fees already charged to us. If the order has shipped, see Section 7 (returns policy); shipping and insurance are not refundable.
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11. Account Responsibility
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities under your account.
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12. Prohibited Use
You agree not to use the Site for any unlawful purpose or in violation of these Terms. This includes, but is not limited to:
• Fraudulent transactions
• Interference with Site security
• Uploading malicious code
Defamation Notice: Any public act intended to harm the reputation of Audio Sellerz LLC—including but not limited to the destruction, burning, or defacing of our merchandise in a public or recorded setting—will be treated as defamation of character and pursued legally.
Brand Abuse & Impersonation (Prohibited):
• Impersonating Audio Sellerz LLC or suggesting false affiliation/authorization.
• Using our name, logo, brand assets, or trade dress without written permission (including on websites, thumbnails, ads, listings, product pages, packaging, or merch).
• Registering/using confusing or similar domains, subdomains, social handles/page names, or business listings intended to divert or confuse customers.
• Using our marks in meta tags/hidden tags/keywords to capture search traffic.
• Reposting, scraping, paraphrasing, translating, or editing our product descriptions/site copy for commercial use.
• Training AI models on our site content or media without a license.
Violations are subject to Section 3D (IP Enforcement, Liquidated Damages & Fee-Shift) and may result in account closure and referrals to platforms, hosts, and law enforcement.
12A. Anti-Scraping & Automated Access
Automated scraping, mirroring, bulk downloading, data mining, or AI model training on our site content/media without written permission is prohibited and subject to Section 3D.
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13. Limitation of Liability
To the maximum extent permitted by law, Audio Sellerz LLC shall not be liable for any indirect, incidental, special, punitive, or consequential damages resulting from your use of our products, services, or website.
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14. Indemnification
You agree to indemnify and hold harmless Audio Sellerz LLC and our affiliates from any claims arising from your misuse of the Site, unlawful conduct, or violation of these Terms.
14A. Export, Sanctions & Resale
You agree not to export, re-export, resell, or divert products in violation of U.S. export/sanctions laws. We may cancel/refuse orders that present compliance risk.
14B. Prevailing-Party Fees
In any action to enforce these Terms (including IP enforcement under 3D and worker covenants under 19), the prevailing party is entitled to reasonable attorneys’ fees and costs.
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15. Governing Law, Venue & Collections
These Terms are governed by the laws of the State of Ohio. Exclusive venue lies in Summit County, Ohio (including Barberton Municipal Court for small claims). Collections Interest: All overdue balances (including storage fees, LDs, and approved invoices) accrue simple interest at 1.5% per month (18% per annum) from the due date until paid in full, plus reasonable collection costs.
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16. Changes to Terms
We reserve the right to update these Terms at any time. Posting with a revised Effective Date constitutes notice; continued use/purchasing after posting is acceptance.
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17. Non-Disparagement / Reviews
By using this Site or purchasing from Audio Sellerz LLC, you agree not to make any public statements—online or offline—that are false, misleading, or intended to damage the reputation of Audio Sellerz LLC, its owners, or its employees.
Mandatory Review Dispute Step: Before posting a negative review (below 3 stars or similar), email support@audiosellerz.com with details and allow 5 business days for us to investigate and attempt resolution.
Damages: Verified defamation may result in injunctive relief and liquidated damages of at least $250,000 (or greater proven damages), plus attorneys’ fees and costs.
Evidence: If you publish a review making factual claims, you agree to preserve and provide the evidence supporting those claims upon request.
17A. False Statements of Fact — Takedown, Retraction & Damages
If you publish or transmit false statements of fact about Audio Sellerz LLC (or our owners/employees), you agree to: (i) Takedown within 24 hours of our written notice; (ii) Evidence Preservation (keep and provide originals—files, messages, screenshots, metadata—supporting your factual claims); (iii) Retraction/Correction in the same channel (and on each mirror/repost you control).
Damages & Relief: Verified defamation may result in injunctive relief and liquidated damages of at least $250,000 per incident (or greater proven/statutory damages), plus attorneys’ fees and costs. Each post, video, review, story, ad, listing, or mass message may be treated as a separate incident.
Definitions: “False statements of fact” means statements that assert or imply objectively verifiable facts that are untrue or made with reckless disregard for truth; it does not include clearly labeled opinion or hyperbole.
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18. Work Performed on Property/Vehicle — Possession, Storage & Title
Payment in full is required before you leave with the equipment/vehicle or for the labor performed. If you do not pay upon completion, we may retain the vehicle/property and apply security and storage measures.
• Security Deposit (Installs/Shop Labor): May be required at scheduling; applied to final invoice. Cancel/no-show within 72 hours forfeits the deposit (one reschedule allowed with 72+ hours’ notice).
• Security Devices: A wheel boot and/or steering-wheel lock may be installed and will be removed only upon payment in full and authorization of release. Any tampering/removal without authorization may be reported to law enforcement. After 3 days from notice of completion, vehicles are moved to our side lot due to limited space.
• Storage Fees: Start on Day 3 after completion notice (unless we approve written extension in advance) at $50/day (vehicles, vehicle-mounted equipment, or loose equipment).
• Payment Method Restriction After Day 5: After Day 5, the full balance must be paid and payment is cash only at pickup (no cards/ACH/apps) to prevent chargebacks.
• Mechanic’s/Repairer’s Lien at Day 14: If unpaid 14 days after completion notice, we initiate lien/title proceedings. For lien claims, storage is calculated from Day 3 through Day 14 and continues thereafter until paid or resolved.
• We may seek court orders, file affidavits, and obtain title or otherwise dispose of property consistent with Ohio law to recover amounts due. Any attempt to remove a retained vehicle without authorization may be reported to law enforcement.
18A. Road-Test, Diagnostics & Telematics Consent
You authorize reasonable road-testing and limited use of OBD/GPS/telematics tools during service for diagnostics, calibration, and QC. Such tools are used for service only and are not used for continuous tracking after release. You confirm the vehicle is currently insured and roadworthy.
18B. Hearing Safety & Output Levels
High-output audio can damage hearing and stress vehicle components. You accept these risks and agree to use hearing protection and reasonable volume.
18D. Electronics/Data Reset Disclaimer
Diagnostics, firmware updates, or power cycling may reset seats, presets, EQ, OEM modules, or trip data. Please back up preferences where possible; we are not responsible for data/preset loss.
18E. Appointment Policy — Late/No-Show
Arrivals 15+ minutes late may be rescheduled. No-shows or same-day cancellations may incur a $50 shop-time fee or forfeit deposits (see 18).
18F. Owner/Agent Certification & Personal Liability
By authorizing work, the signer represents they are the titled owner or authorized agent and agrees to be personally liable for all charges. We may send statutory lien/title notices to the titled owner and recorded lienholders using information provided by the signer or from public records. At drop-off we may verify identity with photo ID and registration/insurance for the VIN, or written owner authorization if the signer is not the titled owner.
18G. Pre-Authorization & Overages
We may proceed with parts/labor up to 10% or $150 (whichever is greater) above the approved estimate when required to complete work safely. Larger variances require customer approval.
18H. Property in Vehicle; Data Resets
Customers must remove valuables and firearms. We exercise ordinary care but are not an insurer of items left in the vehicle. Diagnostics/updates may reset vehicle or device settings; customers should back up preferences.
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19. Workers — Employees, Contractors & Direct-Payment Subcontractors
Applies to anyone providing services to us (employees, 1099s, subcontractors, direct-payment subcontractors). Contractors are independent and not our agents/employees.
Non-Performance: If we pay you and you fail to perform fully/on time, you owe: (i) Refund + 2× liquidated damages of the unperformed/deficient portion (or actual damages if greater), plus (ii) 20 hours minimum at $100/hr (and more if actually spent) for our time compiling evidence and preparing/filing claims, plus (iii) Cover/Replacement Costs, and (iv) Tools/Software/Access Losses (replacement value of tools, licenses, accounts, credentials, or data lost/damaged/not returned due to your acts/omissions).
Non-Disparagement (Workers): Current and former workers may not publish false statements of fact about us (public or private). Remedies include injunction + $250,000 liquidated damages minimum (or greater proven damages) + attorneys’ fees. Truthful statements/opinions and legally protected speech are not restricted.
Tools, Safety & Property: Bring and maintain your own tools; no drugs/alcohol on-site. You are responsible for loss/damage you cause to company/customer property, including equipment, tools, software/licenses, electronics, accounts/credentials we provide. Return all credentials/access and company-branded merch/badges/keys/signage upon separation unless we approve in writing.
Non-Solicitation: No soliciting our customers for 12 months after engagement ends.
Non-Compete (Employees): For 24 months after employment ends, do not work for/assist a direct competitor within 100 miles or any online/remote retailer/platform selling to substantially the same customer base.
• Grandfathered: Pre-existing competitor gigs may continue only if disclosed in writing on Day 1; no new competitors or scope expansion for 24 months.
• Damages: Minimum $250,000 liquidated damages (or greater proven), plus attorneys’ fees and injunctive relief. Court may reform overbroad terms to enforceable scope.
No-Poach / No-Hire: During engagement and for 24 months after, do not solicit/recruit/hire our employees you interacted with; $25,000 liquidated damages per employee (or greater proven) + injunctive relief + fees.
19.4A. Post-Separation Takedown & Evidence Preservation (Workers)
If a current or former worker publishes or transmits statements we reasonably believe are false statements of fact about Audio Sellerz LLC (or our owners/employees/customers), you agree to: Takedown/Cure within 24 hours of our written notice; Preserve Evidence (original files, messages, and metadata); and Cooperate (send removal requests to mirrors/reposts you control). Failure to comply constitutes an additional breach under 19.4 and supports injunctive relief, fee-shift, and liquidated damages.
19.4B. Non-Interference, Harassment & Mass Messaging (Workers)
You shall not, directly or indirectly, (a) harass or threaten our staff/owners; (b) mass-message our customers, vendors, or followers with disparaging claims; or (c) encourage third parties to do so. Each targeted campaign, post, or mass message may be treated as a separate incident under 19.4. We may also pursue claims for tortious interference and violations of applicable cyber-harassment laws.
19.18 Company-Created IP (Employees/Contractors)
All work product created for Audio Sellerz LLC (photos, videos, copy, designs, CAD, DSP files, software/scripts, marketing assets) is work-made-for-hire; to the extent not so, the creator hereby assigns all rights to Audio Sellerz LLC and agrees to execute confirmatory assignments on request.
19.19 Devices, Accounts & Access Return
On request or separation, workers must immediately return devices, revoke personal admin rights, and deliver logins, 2FA codes, and recovery keys. Failure is a material breach subject to injunctive relief and fee-shift.
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20. Customer-Supplied Equipment & Third-Party Installs
When we install products not purchased from us or previously installed by others:
(a) we are not responsible for manufacturer defects, missing parts, or prior improper work;
(b) diagnostic/compatibility checks are billable at shop rates;
(c) failures of customer-supplied equipment during/after installation do not create our liability; and
(d) any warranty we offer is limited to our labor and products we supply.
20A. Aftermarket Modifications & Inherent Risk Disclosure (Vehicles)
By authorizing us to install, tune, or fabricate aftermarket equipment (anything not included from the factory), you acknowledge:
Inherent Variability. Two identical models can react differently due to tolerances, wear/tear, software, prior work, corrosion, or hidden conditions. No guaranteed results.
Pre-Existing/Hidden Conditions. Chips, cracks, weak clips, brittle plastics, aged wiring, failing regulators, rust, moisture, etc., may be undetectable until work begins. We’re not responsible for breakage/failure caused by such conditions not introduced by us.
Panels/Clips/Rattles. Fragile clips and high-output audio can create buzz/rattle after panel R&R. We’ll try to mitigate, but rattle-free operation isn’t guaranteed.
Glass/Tint Risks. Micro-chips/edge damage can crack during tint/film work; tiny specks may remain; cure times vary. We’re not liable for issues from pre-existing glass conditions or environment.
Electrical Load. High-power audio increases electrical load and may affect charging/modules/warranties. You’re responsible for battery/alternator/big-3 capacity.
Customer Disclosures. Disclose prior mods/damage/issues (including regulators, wiring). Failing to disclose may void goodwill adjustments.
Good-Faith Help (Not Liability). If something goes wrong outside our control, we’ll make a reasonable, discretionary effort to help; this is not an admission of fault or an ongoing warranty.
Uncontrollable Issues. For inherent/latent/out-of-our-control factors, we’re not liable (this does not waive liability for gross negligence or willful misconduct).
Inspections at Shop Discretion. Walkthroughs may be offered at our discretion; lack of a walkthrough does not create liability/warranty beyond these Terms.
Cameras & Documentation. Bays are on continuous video; we may (but aren’t required to) photograph/video for QC/disputes; recordings are our property.
Compatibility & OEM/OTA Changes. OEM updates, TSBs, module resets, supplier revisions, or third-party app/API changes may affect integrations. We don’t guarantee post-update compatibility. Any re-integration/reprogramming is billable, and extra parts/licenses are the customer’s responsibility.
LIABILITY CAP (SERVICE LABOR ONLY): For claims arising solely from our service labor under this section—and not involving gross negligence or willful misconduct—our total liability, including vehicle damage caused by or arising out of such services, is strictly limited to the labor charges you paid on that work order. No consequential/indirect/special/punitive damages (loss of use, diminished value, lost profits, rentals) to the fullest extent allowed.
20B. Competition/High-Output Use
Use in competition or sustained high-output operation increases wear/heat/current draw. Failures arising from misuse, overpowering, clipping, inadequate electrical, or off-spec enclosures are not defects and are outside our liability (see 20A and 13).
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21. Abandoned Property & Storage Fees
Completed vehicles/property not picked up and paid in full within 3 days of notice accrue storage at $50/day (vehicles, vehicle-mounted equipment, or loose equipment) unless we approve a written extension in advance. After 30 days, property may be deemed abandoned and handled consistent with Ohio law, in addition to remedies in Section 18.
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22. Photo/Video Authorization (Shop Media)
We may photograph/video your vehicle/work for documentation, QC, and promotional use (social, web, print). If you do not consent to promotional use, notify us in writing before work begins; we will limit media to internal documentation.
22A. Outdoor Parking, Theft & Third-Party Criminal Acts
Vehicles are commonly parked outside unless we agree otherwise in writing. We exercise ordinary care, but we are not an insurer of your vehicle/contents.
• We are not responsible for theft, vandalism, or other third-party crimes on/near the premises unless caused by our gross negligence or willful misconduct.
• Cameras/locks/deterrents do not guarantee real-time monitoring, police response, or prevention.
• Your responsibilities: remove valuables/firearms; lock vehicle; provide necessary key only; disclose immobilizer quirks; maintain comprehensive insurance.
• We will assist in good faith with police reports/reasonable footage review.
• Our bailment duty is ordinary care; we’re not liable for losses solely caused by third-party criminal acts.
22B. Surveillance & Recording Notice
By entering our property (driveways, parking areas, walkways, lobby, shop bays), you are on video from the time you pull in and throughout your time on-site. Recording is continuous for safety, security, quality control, and fraud prevention. Recording does not guarantee real-time monitoring or crime prevention. Recording occurs except where prohibited by law (e.g., restrooms). Footage may be shared with law enforcement, insurers, or legal counsel and is retained/deleted per our internal policy.
22C. Platform & Registrar Cooperation for Impersonation
You authorize platforms, hosts, registrars, and payment processors to disclose basic account information to us for an allegedly impersonating or infringing page/listing/domain and to disable, remove, or transfer such properties upon our verified notice under §§3A–3D.
29. Title & Security Interest (Goods)
Retention of Title. For goods sold or installed by Audio Sellerz LLC, title passes only upon full payment of all amounts due (product, labor, taxes, fees).
Security Interest; Filings. Until paid in full, we retain a purchase-money security interest (PMSI) in the goods and any proceeds. You authorize us to file UCC-1 financing statements and related notices, and you agree to sign any documents reasonably requested to perfect, continue, or enforce our PMSI.
Installed Goods. For goods we install, title passes only upon full payment. Until then, we may remove/disable unpaid goods under Section 8C, or pursue lien/title or replevin.
No Sale/Encumbrance. You may not sell, transfer, pledge, or otherwise encumber unpaid goods. Doing so may constitute conversion and may result in injunctive relief, damages, and attorneys’ fees.
Proceeds & Insurance. Our security interest extends to all proceeds, including insurance proceeds, related to the goods. You agree to keep the goods reasonably safeguarded until paid.
Default. A chargeback, nonpayment, or failure to present the vehicle/property for uninstall on request (see Section 8C) is a default. Upon default, we may exercise all rights and remedies available at law or in equity, including uninstall/removal, lien/title remedies (see Section 18), replevin, and recovery of reasonable enforcement costs.
30. Force Majeure
We are not liable for delays/failures caused by events beyond our reasonable control (shortages, strikes, carrier issues, acts of God, cyberattacks, regulatory changes, etc.). We’ll resume performance as soon as practicable or refund unfulfilled items at our option.
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31. Dispute Resolution — Arbitration, No Class Actions, Flexible Court Carve-Outs
Small-Claims Carve-Out (Either Side): Either party may bring an individual claim in small-claims court (e.g., Barberton Municipal Court).
Our Election for Court (Carve-Outs): We may choose court for disputes seeking: (a) mechanic’s/repairer’s lien, title, or repossession relief (Section 18); (b) injunctive relief (IP/confidentiality/non-compete/non-solicit); (c) defamation based on false statements of fact (including takedown/injunction); or (d) collections on undisputed invoices, storage, interest, or liquidated damages.
Arbitration for All Other Disputes (Our Option to Elect): For any other dispute, we may elect binding individual arbitration (AAA Consumer/Commercial Rules or JAMS if AAA unavailable) in Summit County, OH or by video. Arbitrator decides arbitrability and may award any individual relief a court could; proceedings are confidential.
No Class/Representative Actions: Whether arbitration or court, claims must be individual only.
Fees: For consumer claims, we pay arbitration filing fees beyond the first $200 (or forum minimum). Each side pays its own attorneys’ fees unless fee-shifting is authorized by law or these Terms, or for bad-faith/frivolous claims.
Mass-Arbitration Coordination: If 25+ substantially similar claims are filed by/with the same counsel in 90 days, claims may be batched in groups of up to 20 and staged; remaining claims are stayed; bellwether outcomes guide resolution.
Severability/Reformation: If any portion is unenforceable, it will be reformed and enforced to the maximum lawful extent. If the no-class waiver is unenforceable as to a claim, that claim proceeds in court; remaining claims may continue in individual arbitration.
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32. Notices & Electronic Consent
You consent to email/SMS for estimates, invoices, policy updates, lien/title notices, and dispute communications. Keep your contact info current.
33. Prevailing-Party Fees
In any action to enforce these Terms—including IP enforcement (§3D), collections, liens/title, or worker covenants (§19)—the prevailing party is entitled to reasonable attorneys’ fees and costs.
33A. Evidence Preservation (Spoliation)
Upon any dispute, chargeback, or claim, both parties must preserve relevant evidence, including communications, photos/videos, device and account logs, shipping labels, and packaging. Deleting, altering, or withholding relevant evidence (“spoliation”) is a breach of these Terms and may result in adverse inferences, fee-shift, and sanctions in any court or arbitration.
34. Contact Information
Audio Sellerz LLC
3132 Wadsworth Rd, Norton, OH 44203
(440) 782-1789
support@audiosellerz.com
35. Miscellaneous (Severability; Survival; No Waiver; Assignment)
If any provision is found unenforceable, the remainder remains in effect and will be reformed to the maximum lawful scope. Provisions that by their nature should survive (payments, security interests, IP rights, liquidated damages, indemnities, venue, dispute resolution, worker covenants) survive termination/completion. Our failure to enforce is not a waiver. You may not assign these Terms or any order without our written consent; we may assign to an affiliate or successor.
