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Type of Dispute
This bidder won an auction but will not buy
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Seller has a misleading or inacurate ad
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Very important information about the process you are starting.
VOLUNTARY PARTICIPATION Videogon’s Dispute Resolution System is entirely voluntary on the part of both parties. However, by intiating this process, you are agreeing to participate until the completion of the process. At this time, you are filing a "Request" for Dispute Resolution, which will be transmitted in its entirity to the other party for a "Response". Upon receipt of a complete Request and Response, the dispute will be considered "At Issue". UNREASONABLE REFUSAL Parties who unreasonably refuse to submit a Response may be subject to sanctions. Any entity to whom or which Videogon, in its sole discretion, transmits a full and complete Request for Dispute Resolution Form who or which refuses unreasonably to submit a Response to such Request may be sanctioned by Videogon. The reasonableness of a refusal to submit a Response to a full and complete Request shall be determined by Videogon in its sole discretion. Sanctions for such unreasonable refusal may include, but not be limited to, Videogon’s issuing a written resolution of the dispute absent a response, the suspension or revocation of Videogon Membership privileges, or both. RESOLUTIONS ARE BINDING Resolutions of Disputes are Final. Resolutions of disputes that are At Issue are binding upon the parties. When such resolutions require a party to the At Issue dispute to take an action of some kind, that party will be given a specified time to do so in the written resolution. The failure of a party to take an action required by the resolution shall be sanctioned by Videogon, in its sole discretion. Such sanctions may include, but not be limited to, the suspension or revocation of Videogon Membership privileges. Resolution of disputes not At Issue shall likewise be binding upon the parties if Videogon determines, in its sole discretion, that the party to whom or which a completed Request for Resolution has been sent has refused unreasonably to submit a Response. The failure of a party to take any action required by such resolution shall result in the imposition of sanctions in the same manner as required for At Issue Disputes. PUBLIC DISCLOSURE You are agreeing to NOT post your dispute in any public area of Videogon. Disputes and Videogon's resolution of them may become a matter of public disclosure at the sole discretion of Videogon. It is the intent of Videogon to create an archive of disputes and their resolutions that will be accessible to Videogon members. However, both parties to a dispute will be given equal opportunity to Respond before any public disclosure is made. Disputes that are resolved absent a Response will not be made public without the express consent of the initiating party who submitted the Request for Dispute Resolution. If such consent is not given, Videogon may, in its sole discretion, publish a synopsis of the dispute and its resolution without identifying the parties to the dispute or intentionally providing other identifying information. Disputes that have been resolved may be summarized by Videogon, in its sole discretion, and be made publicly accessible, together with Videogon’s written resolution. Where necessary, in Videogon’s sole discretion, Videogon will include in its synopsis of the dispute the reasoning process and standards that led to its resolution. MEMBER COMMENTS Comments from Members about disputes and their resolution by Videogon may be made solely in the Dispute section of Videogon’s web site. Members who wish to post comments about disputes and their resolution may do so only with respect to archived information in the Dispute section of Videogon’s web site. All such posts shall be monitored and may not be displayed unless and until Videogon’s staff has determined, in their sole discretion, that the proposed post adds to the base of knowledge for which the dispute archives are maintained. No posts concerning disputes and their resolution may be made in chat rooms or Discussion Forums available on Videogon’s web site. All such posts in these areas shall be deleted and posters may be subject to sanctions. INDEPENDENT OF LEGAL PROCEEDINGS Disputes may not be the subject of legal proceedings. The submission of a Request for Dispute Resolution serves as a certification by the initiating party that he or she has not initiated or responded to legal proceedings of any nature whatsoever concerning the relevant dispute . In this context, the term “legal proceedings” includes, but is not limited to, cases in courts, administrative agencies or those submitted to arbitrators, mediators or facilitators. Parties submitting Dispute Response Forms likewise certify through their submission that they have not initiated or responded to legal proceedings of any nature concerning the relevant dispute. Any dispute for which legal proceedings have been initiated by any party or third party (if known) is ineligible for consideration through Videogon’s Dispute Resolution System. Proceedings submitted for consideration through Videogon’s Dispute Resolution System that subsequently become the subjects of legal proceedings initiated by any party to the relevant dispute shall be withdrawn from consideration by Videogon. It is the responsibility of the parties to the dispute to inform Videogon immediately if legal proceedings concerning that dispute are initiated by any entity. The failure of a party to inform Videogon of the initiation of a legal proceeding during the pendency of a matter submitted for consideration through Videogon’s Dispute Resolution Process may result in Videogon’s taking whatever action it deems appropriate concerning the party or parties with knowledge of the initiation of such legal proceeding. Those actions may include, but not be limited to, the suspension or revocation of Videogon Membership privileges. INDEMNITY Parties using the Dispute Resolution System agree to hold Videogon harmless and indemnify it for any harm that might occur through its use. Any person or other entity who submits a Request for Dispute Resolution Form to Videogon agrees to hold Videogon, its agents, representatives, employees, attorneys, affiliates and assigns harmless from all damages and claims of any nature arising from or related to the dispute or disputes that are the subject of the Request. Should any entity institute legal proceedings or take any other action against Videogon, it agents, representatives, employees, attorneys, affiliates or assigns, arising out of or connected to the dispute or disputes that are subject to the Request, the party submitting such Request agrees to indemnify Videogon and those other entities hereinabove described for all costs of any kind reasonably required to defend against or respond to such legal proceeding or other action. Any person or other entity who submits a Dispute Response Form (“Response”) to Videogon agrees to hold Videogon, its agents, representatives, employees, attorneys, affiliates and assigns harmless from all damages and claims of any nature arising from or related to the dispute or disputes that are the subject of the Response. Should any entity institute legal proceedings or take any other action against Videogon, it agents, representatives, employees, attorneys, affiliates or assigns, arising out of or connected to the dispute or disputes that are subject to the Response, the party submitting such Response agrees to indemnify Videogon and those other entities hereinabove described for all costs of any kind reasonably required to defend against or respond to such legal proceeding or other action.
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