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Terms and Conditions

Last Updated: 2026-01

1. Introduction and Acceptance of Terms

  • Agreement: These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Excess Noise LLC (“Company,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of Maryland.
  • Service: By accessing or using hamexchange.com (“Site”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
  • Modifications: We reserve the right to modify these Terms at any time. Continued use of the Site after changes constitutes acceptance of the new Terms.

2. User Accounts and Security

  • Registration: Access to certain features (e.g., posting classifieds, claiming listings, purchasing tickets) requires an account. You agree to provide accurate, current, and complete information.
  • Credentials: You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account.
  • Eligibility: You must be at least 18 years old to use paid services or enter into binding contracts on this Site.

3. Classifieds Section

  • Scope: The Classifieds section allows users to list amateur radio equipment and related items for sale.
  • Fees:
    • Some listings are free, while others require a non-refundable posting fee.
    • Fees are for the publication of the ad, not for the successful sale of the item.
  • Content Guidelines:
    • All items must comply with applicable laws, including Federal Communications Commission (FCC) regulations regarding the sale of radio equipment.
    • We reserve the right to remove any listing that violates our policies or is deemed inappropriate, without refund.
  • Transaction Disclaimer:
    • Ham Exchange is a venue, not a party to the actual transaction between buyers and sellers.
    • We do not guarantee the condition of items, the truth or accuracy of listings, or the ability of sellers to sell or buyers to pay.

4. Directory Services (Nets, Locations, Websites, Events)

  • Listing Types: The Site hosts directories for ‘On-air nets,’ ‘Locations and landmarks,’ ‘Websites and channels,’ and ‘Hamfests and events.’
  • Plans:
    • Free Plans: Basic visibility with limited features.
    • Paid Plans: Enhanced visibility, additional media, or priority placement. Subscription fees for paid plans are billed according to the terms selected at checkout.
  • Accuracy: While we strive for accuracy, Ham Exchange does not verify all data in the directories. We are not liable for outdated frequencies, incorrect coordinates, or defunct URLs.

5. Claims and Ownership Verification

  • Claiming Process: Businesses, clubs, and organizations may “claim” an existing listing to manage its content.
  • Proof of Ownership:
    • You must provide valid proof of ownership or authorization (e.g., official email, business license, or club officer status) to claim a listing.
    • We reserve the right to reject any claim if ownership cannot be reasonably verified.
  • Claim Fees:
    • Commercial Claims: For-profit businesses are charged a fee to claim and manage their listings.
    • Non-Commercial Claims: Amateur Radio clubs and non-profit organizations may claim specific listings (e.g., a club claiming their Net) free of charge, subject to verification.

6. Ticketing and Event Sales

  • Role: For select events, Ham Exchange acts as a ticketing agent.
  • Commissions: We retain a commission of 3% on the gross ticket price for facilitation services. This commission is deducted prior to payout to the event organizer.
  • Refunds:
    • Organizer Policy: Refund policies are set by the specific event organizer, not Ham Exchange.
    • Platform Fees: Commission fees and processing fees are generally non-refundable unless the event is cancelled by the organizer or as required by law.
  • Ticket Delivery: Tickets are issued electronically. We are not responsible for lost emails or entry denial by the venue due to organizer error.

7. Payments and Billing

  • Processing: All payments are processed through third-party payment gateways (e.g., Stripe, PayPal). We do not store full credit card details.
  • Taxes: You are responsible for any applicable sales tax, VAT, or other governmental levies associated with your purchase or sale.

8. Intellectual Property

  • Our Content: The Site design, text, graphics, and interface are the property of Excess Noise LLC and protected by copyright laws.
  • User Content: By posting content (listings, photos, comments), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and reproduce that content in connection with the Service.
  • Copyright Claims: We comply with the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, please contact us.

9. Prohibited Conduct

  • You agree not to:
    • Use the Site for any illegal purpose or in violation of FCC regulations.
    • Post false, misleading, defamatory, or fraudulent content.
    • Attempt to interfere with the proper working of the Site (e.g., hacking, scraping).
    • Harass other users or harvest personal data.

10. Limitation of Liability and Disclaimers

  • “As Is” Basis: The Site and services are provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
  • Liability Cap: To the fullest extent permitted by law, Excess Noise LLC shall not be liable for indirect, incidental, special, or consequential damages. Our total liability for any claim shall not exceed the amount you paid to us in the six (6) months preceding the claim.

11. Indemnification

  • You agree to indemnify and hold harmless Excess Noise LLC, its officers, and employees from any claims, damages, or expenses arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law and Dispute Resolution

  • Jurisdiction: These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law principles.
  • Venue: Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in Maryland.

13. Contact Information

  • If you have any questions about these Terms, please contact us at:
    • Entity: Excess Noise LLC
    • Email: hamexchange@hamsupport.com