Dispute Resolution system

Dispute Resolution Process

How this works
The Dispute Resolution Process is an online system for the tracking and resolution of transaction or advertising related disputes. If two members are unable to settle a dispute via private communication, this process allows Videogon and its membership to help mediate. This process also provides Videogon with a means to quickly warn other potential traders and/or suspend an account if there is strong evidence of dishonest activity.

The basic* steps of this process are:
Initiating party submits a Request for Dispute Resolution.
The system notifies the other party and asks for a Response.
The respondent will be given three days to submit a Response.
The initiating party will then have one day to submit a final Rebuttal.
Videogon considers both parties' statements, proposes a Resolution.
Or Videogon may open the Dispute in the forums for member input.

Important* The above is a very brief synopsis only. Below are critical details that you must read before participating. By submitting a Request for resolution, or by responding to a dispute, you are stating that you have read and agree to all of the terms below.

Mechanics of this process
"Dispute" versus "Crime"
What kinds of disputes will this resolve?
How to initiate the resolution process?
What happens after the process is initiated?
How are disputes resolved?
What kinds resolutions are expected?
What if one party will not cooperate?

The fine print
The Resolution Process is entirely voluntary
Disputes may not be the subject of legal proceedings
Videogon is held harmless and indemnified
Unreasonable refusal to participate
Dispute Resolutions may be publicly disclosed
Member comments may be accepted

Proceed with a Dispute
REQUEST a Dispute Resolution
RESPOND to a Dispute notificaton

Mechanics of this process

"Dispute" versus "Crime"
The vast majority of complaints in the past have been centered around miscommunication or honest errors. It is very rare that transactions on Videogon result in the commission of a crime or the perpetration of a fraudulent scheme. Nonetheless, we are aware that the internet marketplace, like any other, attracts those with dishonest intent. If we are to assist Members who may be affected by such dishonest participants, we must be informed as quickly as possible with all of the information available. This process, as described below, allows Videogon to collect and disseminate vital information quickly.

What kinds of disputes may be resolved through this System?
Disputes that may be resolved through Videogon’s system are limited to those involving transactions between a “Buyer” and a “Seller” of goods offered on Videogon. Those transactions may result from Auctions, Classifieds, Demos, or Catalog ads appearing on Videogon’s web site; sales occurring other than through Auctions may be referred to as “Direct Sales”. No other transactions resulting in disputes between individuals or other entities, whether connected to or associated with Videogon in any manner, may be submitted for resolution.

How Does the Dispute Resolution Process Begin?
Either a Buyer or a Seller may start the Resolution process by filing a Request for Dispute Resolution (“Request”). Such Requests must be submitted on the Request Form available via the Disputes link in the Help section of this website, or accessed directly by clicking:
Request Form.

Requests must be submitted within 30 days after completion of an Auction or Direct Sale. “Completion” in the context of an Auction Sale means the closing date set by the Seller. For Direct Sales “completion” means the date when the Buyer and Seller allegedly reach an agreement on all material terms of the sale. In case of unusual circumstances, accommodation may be given to a resolution of such disputes without a rigid application of the 30-day deadline.

What Happens When Videogon Receives a Request Form?
Once Videogon receives a Request Form, it may take one of three courses of action:

(1) If the Request Form clearly indicates a crime or civil fraud may have been committed, the initiating party will immediately be contacted via email with suggestions for contacting appropriate law enforcement or other authorities. Videogon staff will also search its database for other parties who may have been contacted by the alleged perpetrator, and provide all affected parties with appropriate information concerning the alleged activity.

(2) If the Request Form is incomplete or if more information is needed by Videogon staff to understand the nature of the dispute, the initiating party will be contacted via email and asked to provide missing or additional data.

(3) If the Request Form is complete and understandable, and if it is not susceptible to simple resolution by Videogon staff, it will be transmitted to the other participant in the transaction at issue. That party shall be allowed three days to submit a response via the Dispute Response Form, via a link that will be contained in the notification email.

How Are Disputes Resolved?
Some disputes may be resolved by Videogon staff without the necessity of a response by the other party to the transaction. A resolution of this nature will require the consent of the initiating party and will not be made public. If that consent is not given, then the Request Form will be sent to the other party for submission of a Dispute Response Form. Like Request Forms, Dispute Response Forms may be incomplete or require additional information for Videogon staff to fully understand them. In such cases, the party submitting the Response will be asked to provide the missing or additional data.

A complaint becomes “At Issue” as soon as Videogon has received a complete and understandable Request Form and a like Dispute Response Form involving the relevant transaction. If a Complaint Response Form is not submitted by the affected party, after Videogon informs the party via email of such fact and allows an additional 24 hour period for response, the complaint will be deemed At Issue.

Disputes At Issue will be resolved by Videogon’s staff, who may in appropriate circumstances consult with Videogon’s legal counsel. Except in unusual circumstances, disputes should be resolved in no more than six days after they are At Issue. All parties to At Issue disputes will receive a written resolution of those disputes via email from Videogon’s staff. “Appeals” of Videogon’s written dispute resolutions will not be permitted.

What Sort of Resolutions May Result from the Process?
As you will note, both the Request for Resolution and Dispute Response forms have fields requiring the parties to specify the results they seek. Since a great number of disputes involve feedback, we expect resolutions concerning the applicability and nature of feedback to be among the most frequently made.

Other resolutions will necessarily involve adjustments or rescissions of the disputed transactions themselves. These sorts of resolutions are possible only where the parties agree to be bound by the written decisions of Videogon. This is explained in the Fine Print, which controls the legal aspects of the Dispute Resolution Process.

What if one of the parties refuses to go along with the resolution?
The Dispute Resolution Process is completely voluntary. As is explained in the Fine Print, however, when both parties agree to be bound by Videogon’s decision reached through the process, they may be penalized if they refuse to do comply with the resolution. Moreover, in certain circumstances, both parties may be bound to such decisions even if the Respondent party refuses to participate. Refusal to follow the recommendations of Videogon may result in the temporary or permanent suspension of that person's access privileges.

The bottom line is this:
Videogon is a private, for-profit corporation that owns and controls its web site. We reserve the right to accept or deny access to any user, at any time, for any reason we deem appropriate. Our goal, though, is to provide everyone a “fair shake.” Those who refuse to extend their hand through cyberspace in a spirit of friendship and cooperation will not be welcome on Videogon’s web site. It really is that simple.

The Fine Print

VOLUNTARY PARTICIPATION
Videogon’s Dispute Resolution System is entirely voluntary. Except in circumstances when Videogon’s staff is alerted by third parties to instances of alleged wrongdoing by buyers or sellers of goods on this web site, we will not attempt to resolve transactional disputes unless a party to a transaction commences the resolution process by submitting a Request for Dispute Resolution form (sometimes referred to below as “Request”).

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.

PUBLIC DISCLOSURE
Disputes and Videogon’s resolution of them may become a matter of public disclosure. It is the intent of Videogon to create an archive of disputes and their resolutions that will be accessible to Videogon Members. Such an archive will be searchable using Videogon’s search engine. 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 are resolved after they become At Issue will 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.

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.

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.