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LoobaLee Terms of Use
Welcome to LoobaLee.com!
Please review the following basic terms that govern the
ethical and considerate use of services on LoobaLee.com ("Site").
Please note that accessing our Site, signing in, or using any function
or service on our Site constitutes your agreement to follow and be
legally bound by the following Terms of Use with LoobaLee.com.
IMPORTANT:
Buying and Selling on LoobaLee is currently limited to users with
shipping addresses in one of the 50 states of United States of America..
LoobaLee.com is pleased to announce a unique, virtual
venue that allows users and Members to connect with others for the sole
purpose of buying and selling children’s designer clothing and
merchandise ("Items"). LoobaLee.com is not directly involved with any
transaction or associated agreements made between parties who engage in
the buying and/or selling of goods on the Site and accepts no
responsibility, nor shall be held liable for the transactions that occur
as a result of use of the site.
We do not conduct auctions on the Site. The Site
provides a process for listing Items for sale and purchasing Items that
is custom to the children’s designer merchandise market. In the
process, we have made every attempt to facilitate accurate listings of
Items. The actual listing representation of any individual Item,
however, is ultimately the responsibility of the Seller.
Eligibility
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To access and use the Site as either a registered
Member or non-registered user, you agree to comply with these Terms of
Use and shall not act in a manner that hinders LoobaLee.com from
conducting business or damages the integrity of the Site.
Members of the Site and
Visitors who make purchases on the Site must be 18 years of age or
older. However, any one can search and review the Items for sale on our
Site, and the Site tries to do all it can to protect children under the
age of 18 years old. While the Site does not permit any images or
wording of explicit nature to be uploaded, saved, or submitted to the
Site, we cannot guarantee this will never occur. Therefore, we do
require the responsible supervision of a Parent or Guardian to oversee
the user of the Site by any one under the age of 18. LoobaLee.com shall
not be held responsible for any damages incurred by non-commitment to
this policy.
Membership Registration
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Registering
as a Member of the Site is free of charge, and there is no application
process. Any one is welcome to join, and the Site strongly encourages
you to do so! Selling on the site requires Member registration.
Only
a single Membership may be associated with any one Email address. To
obtain a Membership, users must select a User Name and Password. The
User Name is uniquely identified with the Email address and it cannot be
changed. LoobaLee.com assumes that the Member will make every effort to
make their User Name and Password information safe and private, such
that it is only known by them, per our Privacy & Security Policy.
Members agree not to share this information with any third party.
Members agree to update and maintain their Password, particularly under
any suspicion of it being divulged. The Site accepts no responsibility
or liability for the misuse of Member's' User Names and holds Members responsible for any actions or activities that occur under their User Name and Password.
Registering on the site by anyone under of the age of 18 is strictly prohibited. LoobaLee.com
cannot accept responsibility for persons who misrepresent their age,
for their actions, or for anything arising there from.
When
registering to be a Member of the Site, personal information provided
must current, correct, and complete. Any changes to the information
should be made on the Site as soon as it is applicable and before
executing any buying or selling transaction on the Site.
In
order to protect users, the Site reserves the right to assess and
determine if a Member is genuine. If a new Member joins the Site and
appears to have provided incomplete, faulty or invalid information, the
Site reserves the right to deactivate the
Member's account without prior warning. The Site also reserves the
right to inquire with the Member if the Member's information is
suspected to be incomplete, faulty, or invalid to satisfy itself that
the Member in question is actually genuine. The Site cannot guarantee,
however, that some Members may falsify their details. In this unlikely
event, the Site accepts no responsibility for their information, for
their actions, or for anything arising there from.
Fees
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Membership on LoobaLee.com is
free of charge, and there is no charge for transacting on the Site as a
Buyer or a Seller. Listing items for sale on the site is free of
charge.
Fee Changes
While we do not intend to change our fee
structure often, LoobaLee.com does reserve the right to change fees
and/or change the fee structure of the Site. If any changes to our fee structure occurs, we will post the changes on the Site and Email
affected Members at least 30 days in advance of implementing the
effective changes.
Membership Cancellation
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To cancel a Membership and deactivate a Member Account, Members must Contact Us and provide a written request to LoobaLee Customer Care. Members who voluntarily cancel their Membership are invited to rejoin at any time. As
a Member, should you wish to cancel your Membership, it should be noted
that these terms and conditions apply to all individuals, at all times,
regardless of Membership status.
If a Member
wishes to cancel their Membership, any current listings on the Site
will be ended immediately. Please note: Should you choose to cancel
your Membership and rejoin in the future, all feedback scores and
comments, favorites, watch lists, listing history, and order history may
not be able to be re-associated with a new Membership in the future.
Membership Deactivation
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LoobaLee.com reserves the right to deactivate a Member's account without notice if we think they are Abusing the Site,
in breach of any of the conditions herein, are suspected of, or are
practicing fraudulent or criminal activities on the Site, are suspected
of gross misconduct inconsistent with the spirit of the Site. It should be noted that these terms and conditions apply to all individuals, at all times, regardless of Membership status.
Members who are deactivated for cause will not be
allowed to rejoin. If your account is deactivated, LoobaLee will
automatically end any current listings of items you have for sale.
By registering on the site, you agree that LoobaLee.com
will not be held liable should it elect to deactivate your Member
account.
Loobalee.com also reserves the right to cancel accounts that have
been inactive for a long period of time and for which ownership cannot
be confirmed.
In
addition, the Site may, by at least 30 days notice to you in advance,
elect to close the Site and cease its services without refund for
current listings.
Buyer and Seller Transactions
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The transactions between Buyers and
Sellers on LoobaLee.com create legally binding contracts between the two
parties. Both parties are expected to fulfill the arrangement for the
sale of the Items. The Buyer is responsible for paying for items purchased on a timely basis. The Seller is responsible for the safe delivery of the sold Items(s).
IMPORTANT:
Buyers are expected to process payment for items purchased immediately
upon checkout. If items are not paid for immediately, they will be
released back to available status and Buyer’s abandoned orders will be
canceled within 2 hours.
LoobaLee.com does not represent either
party, and does not charge any fees or commissions on the transaction
between parties. LoobaLee.com shall not be held liable for or mediate a
transaction resulting in any conflict between the two parties. Buyers
and Sellers may Contact Us at
Loobalee.com and file a formal complaint regarding the other party. If
three or more formal complaints are submitted regarding a user’s
behavior on the Site, LoobaLee.com reserves the right to suspend or
deactivate the offending user’s account without warning or refund.
Buying on LoobaLee
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Buying is currently limited on the site to Visitors and Members with shipping and billing addresses in one of the 50 states of United States of America. Any Visitor
from the USA to the Site is welcome to shop and make a purchase.
Member Registration is not required, but is free and gains you access to
additional shopping features on the site, such as
maintaining a Watch List, saving Favorite Searches, saving Favorite
Sellers, maintaining a history of purchases, and providing the ability
to hold items exclusively in your cart for up to 3 hours - whether or
not you are actively shopping and using the site during this time.
Purchasing
Shopping on LoobaLee.com is much like
shopping on an on-line retail site. You can buy an item immediately
using the "Buy Now" feature. Or, items may be added to your shopping
cart. Once the first item is added to your cart, your cart timer will
then begin to count down. The items in your cart will be reserved for
30 minutes for Visitors and 3 hours for LoobaLee.com registered
Members. If your cart expires without before purchasing its contents,
your cart will be emptied and the reserved Item(s) will be become
available for others to purchase.
All
who make purchases on LoobaLee.com are fully responsible for their
buying decisions. If a Buyer has any questions about an item, the Buyer
should always inquire with the Seller in advance of making a purchase
via the "Ask Question" or "Ask Seller a Question" links in the 'View
Item' display. Should a Buyer need to ask a Seller a question, the
Site also cannot accept responsibility for the timeliness of the
Seller's response nor accept responsibility for the future availability
of the Item on the site.
All purchases made on the Site are final. It is the responsibility of the Buyer to review the Seller's Return Policy
before making a purchase. The Site can accept no responsibility for any
mistakes in a Seller's listing or any misrepresentation of an item by
the Seller.
Shipping
Shipping charges will be automatically applied to your order at the
time of checkout. Charges are calculated based on the Weight Class
identified on an Item's listing and on the Buyer and Seller's ZIP
codes. A Weight Class specifies a weight range in pounds and ounces
that an Item is estimated to weigh or actually weighs. For many items,
weight Classes are recommended to Sellers by the Site, but the Seller is
ultimately responsible for the Weight Class on a listing. Refer to Shipping in
this document for more information. When buying an item, the Buyer has
an opportunity to review the total charges for an order, item cost(s)
plus shipping charges, prior to proceeding with order checkout and is
therefore responsible for accepting shipping charges. After an order is
placed, shipping charges cannot be disputed by Buyers.
During Checkout, Buyers are asked to
enter their Shipping Address in LoobaLee. This shipping address is
transferred to PayPal and cannot be changed during payment. This
ensures the shipping address on both the LoobaLee order and the payment
transaction are the same.
Payment
When you make a purchase, the Site
facilitates selection of 3rd party payment processing between you and
the Seller. In order to purchase from the Seller, you will proceed to
PayPal for payment. Your order will not be created on LoobaLee.com
until LoobaLee.com receives notification from PayPal that payment was
made. As
such, Buyers understand that if the checkout process is abandoned at
any step prior to receiving Order Confirmation from LoobaLee.com, that
the order will not be processed and Items on the order will be returned
to Available status for other Buyers. LoobaLaee.com releases items associated with unpaid orders every 2 hours.
Order Problems
Once an
order is submitted, it cannot for any reason, be cancelled. At the time
of purchase the Sellers receive your name, Email and shipping address
information. No other personal information about you will be made
available to Sellers by LoobaLee.com (see our Privacy and Security Policy for more information).
Should you have problems with your Order after your purchase is
made, please "Contact the Seller". Members may contact Sellers by
accessing their order from the My LoobaLee.com home page. Visitors may
contact Sellers by accessing their order via "Track An Order" in
LoobaLee Help.
Leaving Feedback
All Buyers who make purchases on the Site are encouraged to leave the Seller Feedback after
your Items are received and your Order is complete. Members may leave
feedback on the Purchase Order via their My LoobaLee.com home page.
Visitors may leave feedback via the "Track An Order" in Help .
Selling
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Selling is
currently limited on the site to Members with shipping and billing
addresses in one of the 50 states of United States of America. Membership registration and a Seller's Username are required.
Active Selling Accounts
In
order to Sell on LoobaLee, Sellers must maintain a complete Member
Profile. A complete Member profile contains accurate account
information for selected 3rd party payment processor(s). Payment for all
sales made on LoobaLee are facilitated by 3rd party payment
processors. At this time PayPal is the only payment processor.
To setup PayPal as a Payment Method on your Member
Profile, Sellers are required to check a box confirming they have
enabled "Instant Payment Notification" (IPN) on their PayPal accounts.
This ensures both the Seller and LoobaLee.com receives notification
from PayPal when a Buyer completes payment for a transaction. This
also eliminates any confusion for the Buyer when they are tracking their
orders on LoobaLee.com. Specific instructions on how to enable the IPN
setting in PayPal are provided during Member Profile setup.
LoobaLee.com cannot be held liable or responsible in any way for the
results of inconsistency between PayPal and LoobaLee.com order
information if the Seller does not enable the IPN setting.
LoobaLee.com can correct inconsistencies via Customer Care, however, we
will not remove negative Buyer feedback in these situations.
Profile Defaults
Sellers set three key defaults in their Profile that appear on each of their Listings. The
Site provides no protection for Buyers who suspect inaccuracies in the
Seller's Profile defaults and associated Listing contents. However,
repeated complaints filed against a Seller for suspected inaccuracies
can result in suspension or deactivation from the Site without notice.
Additionally, Sellers cannot request Feedback
adjustments from Buyers who leave feedback scores and comments related
to these Profile settings and associated Listings details:
Pet Free - Yes/No
The Seller must indicate if their home is or is not "Pet Free".
This indicator is for the benefit of people who have allergies or other
sensitivities to animals that need to be cautious when buying used
Items. Pets that should be declared include: Any animal living inside
or outside the house that can have high interaction with the Item(s) for
sale, such as dogs, cats, horses, and rabbits. Pets that do not need
to be declared include: Any animal living inside or outside the house
that is primarily caged or living in an aquarium, such as fish,
hamsters, snakes, and guinea pigs. When a Seller has indicated they do
not have a "Pet Free" home, they are then asked to provide detailed
information on their Profile about the Pet(s). Should a Buyer have a
sensitivity to any animal, they are responsible to read the Seller's
Profile and ask the Seller Questions about such animals prior to making a
purchase from a Seller.
Smoke Free - Yes/No
The Seller must indicate if their home is or is not Smoke Free.
This indicator is for the benefit of people who have allergies or other
sensitivities to Smoke that need or want to be cautious when buying used
Items. When a Seller has indicated they do not have a "Smoke Free"
home, they are then asked to provide detailed information on their
Profile about the Smoke in their home and the care they have taken for
the Items they are selling on the Site. Should a Buyer have a
sensitivity to Smoke, they are responsible to read the Seller's Profile
and ask the Seller Questions prior to making a purchase from a Seller.
Automatically Clearance My Items - Yes/No
A Seller elects whether or not to default their Listings to
Automatically Clearance after the Listing's End Date. This default can
be overridden on a Listing at any time. If a Listing Automatically
Clearance, it will automatically reduce in price by 15% immediately (See
Listings
section for additional information on Clearance). The Site is not
held responsible or liable should a Seller's listing go on Clearance and
sell at the discounted rate if a Seller did not intend to Clearance the
Item. Clearance listings can be ended at any time by the Seller.
Offer LoobaLee Standard Return Policy? - Yes/No
The Site requires Sellers have a stated Return Policy on each Item sold. The Seller can elect to use LoobaLee.com's Standard Return Policy,
or they can describe their own policy in the "Additional Description"
section of an Item's Listing. LoobaLee.com's recommended Return policy
considers the interests of Buyers. However, Loobalee.com is unable to
accept any liability or responsibility for a Seller's adherence to this
standard policy or to their selected, custom policy.
Seller Availability
Sellers have the option to set their Profile to 'Seller Away' if
they are going to be unavailable for a period of time and unable to ship
sold items on a timely basis. During the time a Seller's account is
set to 'Seller Away', the Sellers items will not be available for
purchase from a Buyer. A Buyer can ask questions regarding Items, and
add a Seller's Items to their Watchlists, but they cannot make purchases
until a Seller returns and updates their Profile to 'Available'
status. If the Seller chooses to set their Profile to 'Seller Away',
the End Date on Current Listings will not be affected. Additional days
will not be added to the Listing's current End Date.
Listings
Refer to the section, Listing Items for Sale in this document.
Communication
After a Seller
lists an item, Buyers will have the opportunity ask questions. Sellers
will receive email notifications to questions as well as "MyLoobaLee"
system alerts. Sellers are requested to answer questions as soon as
possible. The Site expects considerate communication from the Seller
with potential and actual Buyers at all times. Any inapppropriate
language from the Seller can result in immediate suspension or
deactivation of a Member from the Site. LoobaLee.com is not responsible
for lost sales opportunities due to unanswered questions. Buyers provide
Feedback to Sellers on a Seller's effectiveness with their communication as it relates to a specific order. See the Messages and Emails section for further information.
Shipping
Sellers
are responsible to Ship the purchased Item(s) to the Buyer as
expeditiously as possible. LoobaLee.com recommends items be shipped
within 7 days of purchase to obtain positive feedback. See the Feedback section of this document for information on how Seller Feedback may be influenced by Shipping times. Note:
Your Selected Payment Processor may also have restrictions on shipping
times, usually 7 days from receipt of payment, in order to qualify for
available Seller Protection Policies.
At
the time of purchase, Sellers receive the Name, Email, and Address of
the Buyer for Shipping purposes. No additional information is provided
the Site.
Item Availability
LoobaLee.com assumes all current listings
on the Site are for available Items. Loobalee.com accepts no
responsibility or liability for the availability of Items listed for
sale on the Site. If a purchase is made and the Seller's item is
unavailable, the Buyer may file a complaint about the Seller on
LoobaLee. After three complaints, LoobaLee reserves the right to
suspend or deactivate a Seller's account without warning or refund.
Solicitation of Off-site Sales
LoobaLee.com strictly prohibits the the circumvention of fees by
soliciting sales outside the Site. The following activities are not
permitted and may result in account suspension or deactivation without warning or notice:
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Using Member or Visitor contact information
obtained from the Site or using any feature on the Site to offer to sell
any item outside of LoobaLee.com that can be listed on LoobaLee.com.
-
Using Member or Visitor contact information obtained from the Site or using any feature on the Site to sell duplicate or additional merchandise outside of LoobaLee.com.
-
Sending unsolicited (without prior permission)
commercial email offers to Site Members or Visitors for the same or
similar products that they have purchased in the past from the Site.
Listing Items for Sale
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LoobaLee.com
provides a platform for users to buy and sell children's clothing and
merchandise. Users may only list items and conduct sales transactions
for items that they are legally able to sell. If a user is suspected of
listing Items illegally, LoobaLee.com may suspend their account and
remove their listings without warning or refund.
Sellers
may list an unlimited number of Items at any time. Each one of a kind
item may only have only one listing. By accepting these Terms of Use,
all Sellers warrant that the products they sell on LoobaLee.com are
described accurately and completely. Violation of this policy may
result in suspension or deactivation of user accounts without warning or refund.
Listings remain
active on the Site for 30 consecutive days, unless sold within the
period. Expired listings do not automatically renew, but a Seller may
elect to relist their Item after is has expired. At any time, the
Seller may End a current listing, after which, at any time, it may be
relisted.
If
an item is not sold, at the end of of the listing period the Seller has
two options: 1) to automatically end their listing or 2) to
automatically clearance their listing. If a listing is automatically
ended, it will be removed from the sites current listings and be put in
the Seller's Expired Inventory. From there, the Seller may choose to
relist the item for another 30 days. If a Seller chooses to Clearance
their Listing, they will automatically obtain an additional 3 weeks of
listing time. The price on the Listing will automatically decrease
each of the three weeks at the following rates: Week 1 - 15%, Week 2 -
30%, Week 3 - 45%. If the Seller's Item does not Sell within the 3
weeks of clearance, it will then expire and can be found in the Seller's
Expired Inventory, where the Seller can elect to Relist.
Auto-clearance should only be used for Sellers who want to sell their
items at a discounted rate. Items
cannot be Clearanced until they have listed for 30 days, and the price
of an item cannot be changed during the last 7 days of the current
listing period.
Each Listing is given a unique identification Number. If an Item
does not sell, and is relisted, it will be listed with the same
Identification Number.
Listing
details may be edited at any time. However, Price or Weight
Classification cannot be changed within the last 7 days of a current
listing.
An Item's Condition must be accurately selected for a Listing based on the Site's Condition Definition reference table. Beware that inaccurately selected Item Conditions can result in Buyer dissatisfaction and return requests (see Returns and Refunds ) and negative Feedback scores (see Feedback ).
If the Site requests a Seller to edit their item for a reason that
it feels is in breech of any term or condition in this agreement, the
Seller will have 48 hours to modify their listing. Thereafter, the site
reserves the right to remove the listing without further warning and
without refund.
Item Representation
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Listings
must not use any offensive, explicit, vulgar, or threatening language.
Images must be of the item being sold only and cannot be sexually
explicit or suggestive. Listings containing offensive language or images
will be immediately removed from the Site without warning or refund,
and the Seller's account may be immediately deactivated.
The Items
eligible to be listed on the Site must match the selections on the menus
when listing an item for sale, which include the menus of: Group,
Category, Item Type, Brand, Size, and Condition. If an item cannot be
matched with the selections currently available on these menus, it
cannot be listed. Any such prohibited items listed will be deemed
fraudulent and will be immediately removed from the site without warning
or refund.
It
is the responsibility of the Seller to ensure the listings are legal
and true. The Site does not check each and every item and therefore
accepts no responsibility or liability for any content of individual
listings. The Site expects Sellers to be responsible for their listings
and to avoid knowingly infringing on Trademarks, Copyrights, or Rights
of any third parties. Any instances of this should be brought to the attention of the Site by Contacting Us via "Help"
. The Site reserves the right to immediately remove reported listings
without warning or refund to the Seller, and does not accept
responsibility or liability for any such breeches or infringements.
Items
listed should be correctly classified by Group, Category, Item Type,
and Brand to the best of the Seller's knowledge. The Site reserves the
right request Seller's to alter their listings as it sees fit and within
reasonable limits, such as inaccurate classifications, untrue
descriptions, or blatant misrepresentation of an item. If the Seller
does not respond within 48 hours, the Site reserves the right to remove a
Seller's item from the site without warning or refund.
Validity of Items
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The Site's
unique listing process requires the Seller to select the brand of item
they are selling from a Menu. However, the Site cannot accept
responsibility or liability for fraudulent listings, counterfeit items,
for the falsifying of brands, or for items with fake labels that were
not originally designed by the manufacturer indicated on the label. The
Site reserves the right to deactivate without prior notice any Member
found to be participating in such activities and knowingly misrepresenting items for sale on the site. We encourage our Members to Contact Us via "Help" if they notice any such suspicious listings on the Site.
Sellers should
be aware that it is a violation of trademark to list fraudulent or
counterfeit items. A trademark is a name or logo used by a company to
identify its goods or services. Trademark laws protect consumers from
confusing one company's goods or services with those of another.
Therefore, if a product you wish to sell bears the name or logo of a
Company, but it wasn't made or endorsed by that Company, it is a
trademark infringement to sell it on the Site under that Company's brand
name. Sellers will be held liable for trademark infringements.
Selling or buying any of these items could put you a risk for a civial
or criminal liability. Listings suspected of trademark infringement
will be immediately removed from the site without warning or refund.
Whilst
the Site understands mistakes can be made, a Seller may not engage in
the practice of listing the same or similar trademarked (branded) items
and repeatedly disclaim knowledge of or responsibility for the
authenticity or legality of those items without risk of Membership
deactivation from the Site.
LoobaLee.com
does not support recalled products or products that do not meet CPSIA
(Consumer Product Safety Improvement Act) requirements for listing on
the site. However, LoobaLee.com is not responsible or liable for such
products listed or sold on the site. Suspicious listings may be
reported to Loobalee Customer Care via Contact Us . LoobaLee.com reserves the right to remove listings violating this policy without warning or refund.
Product Display & Images
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The Site requires Sellers to include at least one
image per Item listing, and the option is provided to include up to
four images. Listings may only include photos that directly display the
Item for sale and may not include promotional or non-item related
photos or graphics. The Site reserves the right to remove listings in
violation of this policy with warning or refund.
JPG, PNG, or GIF files may be uploaded. Animated GIF files are prohibited. Image file size, per image, is limited to 2.5mb
or smaller. The Site reserves the right to resize, convert, and
change images as we see fit in order to fit images in the listing space
provided and in order to save file space on the system.
Currently and in
the future, Sellers are prohibited from copying or lifting another
Seller's images or a substantial portion of their listing description
without their permission. Seller's who suspect this type of image and
description theft is occurring should Contact Us via "Help" .
If a Seller is found to be copying other Seller's images or
descriptions, the Site reserves the right to remove their listings
without warning or refund and suspend or deactivate their account.
Images
must be of the item being sold only and cannot be sexually explicit or
suggestive. Listings containing such images will be immediately removed
from the site without warning or refund, and the Seller's account may be
immediately deactivated.
The Site is
committed to protecting the intellectual property rights of third
parties. Copyrighted or trademarked images are not allowed to be
uploaded. It is forbidden to lift an image of item for sale from
another site. Listings with Images found to be copyrighted, trademarked
and owned by others will be immediately removed from the site without
warning or refund.
No Links
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It
is the policy of LoobaLee.com to forbid reference to any web links that
are not affiliated with the Site in Seller's listings or in Member's
profiles. Likewise it is also against policy to provide users of the
Site unsolicited links via the Sites "Ask Seller a Question", "Contact
Buyer", or "Contact Seller" messaging services. Any one receiving
unsolicited links is requested to report such activity to The Site by Contacting Us via "Help" .
Shipping
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At LoobaLee.com,
we strive to facilitate fair and actual shipping charges for items
bought and sold on the Site. Currently, the Site only supports domestic
shipping within the Continental United States and bases shipping
charges on United States Postal Service (USPS) rates.
Exact
shipping costs are always known to a Buyer before a purchase is made.
Shipping costs cannot be changed by a Seller after a purchase is made.
Therefore, the Buyer is ultimately held fully responsible for their
purchase decisions.
Sellers
do not specify shipping charges on their items. Rather, when they list
an item for sale they are responsible to accept an estimated Weight
Class calculated by the Site or select a Weight Class based on actual
item weight for each item listed. Weight Classes represent a range of
U.S. weights in pounds and ounces (refer to the Weight Class chart in "Help" ).
Shipping charges
are determined based on an interface directly with USPS, which
considers To and From ZIP Codes for all purchases made. A package
weight is provided to USPS based on a selected "Weight Class" for each
item listed for Sale. The Site recommends Weight Classes for Sellers
based on the Item Type, Size, and Material of the item being listed and
includes an allowance for packaging materials. Each Weight Class is
converted to an estimated weight based on the midpoint of the Weight
Class, which is provided to USPS to calculate shipping charges. USPS
Services are calculated based on First Class or Parcel Post rates,
whichever is lowest for the Weight Class. Seller's who wish to mail
their package using other USPS services (or other mail carriers) may do
so at their own costs or savings for any resulting price difference.
Our Weight Class chart
and USPS interface is continuously maintained and updated as needed
when USPS rates and services change. Our Shipping Cost calculations are
dependent on an active interface with USPS. In the event the Site
experiences a disruption with the USPS interface, shipping charges
cannot be determined and, therefore, Orders cannot be processed. The
Site accepts no responsibility or liability for the ongoing availability
of Items for sale when and if such disruptions in service occur.
Seller's
have the flexibility to override the Site's recommendation and select
their own Weight Class as they deem appropriate on each listing. The
Site's process for Weight Class definition on an item is intended to
estimate actual shipping charges for a package, but will vary depending
on the package's actual weight. LoobaLee.com
assumes that any uncertainty on the Seller's part regarding the Weight
Class and shipping charges that will be reimbursed by the Site when an
item is purchased will be reflected in how they price their Items and
select the Item's Weight Class. As such, the
Site does not offer a process to dispute shipping charges and does not
accept liability for shipping charges in excess of the amount on an
order.
On orders with
multiple items from the same Seller, each individual Item's Weight Class
is summed based on the midpoint of the weight class, and a total weight
is provided to USPS to calculate shipping charges for the total
order. The rate assumes that all items are shipped together in a
single package and limits the number of items per order to eight (8)
items. The Seller is responsible for any extra charges incurred if they
choose to ship the order in multiple packages.
To protect both
Buyers and Sellers, the Site requires USPS Delivery Confirmation (or
comparable tracking number from other mail carrier) to be purchased on
every package shipped. If Delivery Confirmation is not purchased, the
Seller's feedback
will not be protected against damaged or lost packages The Site
includes the current USPS Delivery Confirmation fee in the calculation
of shipping for every order. One charge is included per order to cover
the fee for the Seller. Thus, if a Buyer's order includes one item
there is one charge, and if a Buyer's order includes multiple items
there is only one charge.
Most 3rd party
payment processors, including PayPal, offer lost package protection for
Sellers. LoobaLee.com offers protection to the Seller for packages
damaged by USPS when the Seller uses the
LoobaLee Standard Return Policy. Sellers are responsible for the careful packaging of their shipments.
The
Site's checkout process does not include reimbursement for shipping
insurance charges, and express or expedited services are not supported
by the Site at this time. Sellers who purchases insurance or expedited
services do so at their discretion and are fully responsible for any
excess shipping charges incurred. It is against
our policy to remove feedback from a Seller's rating if they agree to
accept payment from a Buyer, outside the Site, to purchase Insurance or
expited shipping services and fail to do so.
Returns and Refunds
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The
Site requires Sellers have a stated Return Policy on each Listing for
items sold. The Seller can select to use LoobaLee.com's Standard Return
Policy (outlined below), or they can describe their own policy in the
"Additional Description" section of an Item's Listing. Loobalee.com is
unable to accept any liability or responsibility for a Seller's
adherence to this standard policy or to their defined, custom policy.
When Returns are
requested by Sellers, Loobalee.com protects the Feedback interests of
Sellers when they can demonstrate they elected and adhered to
LoobaLee.com's Standard Return policy. If Buyers leave unnecessary
negative feedback, Sellers can file a request for Feedback removal to
Loobalee.com Customer Care (Contact Us ) for review. LoobaLee.com makes no commitments to actually removing the requested feedback.
The
following Standard Return Policy is recommended by LoobaLee.com as a
standard policy for Sellers. However, Sellers may elect to define
exceptions to this policy or define a custom policy on their Listings:
LoobaLee Standard Return Policy
-
Returns must be requested within 7 days after receiving the Item(s) from the Seller (per USPS Delivery Confirmation (or other tracking number) date of Receipt).
-
A request for a Return should be provided in
writing to the Seller by direct Email or via LoobaLee 'Contact Seller'
messaging service.
-
Returns MAY be requested for the following reasons. (Please
Note: Sellers ultimately must agree to the requested returns, and
LoobaLee does not facilitate resolution except in the case of Items
damaged by mail carrier).
1. Wrong Item Shipped - Seller agrees to refund the Buyer for return shipping fees and agrees to ship the correct item free of charge. If
the correct item is no longer available, Seller agrees to fully refund
the Buyer for the original cost of the item and all shipping fees
incurred.
2. Misrepresented Brand, Size, or Condition
- Returns for misrepresented listings may be requested if 1) the item's
listing does not match the item's brand or size as specified on its
attached label, 2) the item's brand on its attached label can be proven
to be a fraudulent misrepresentation of the brand, or 3) the item does
not match the listing's advertised condition (as per LoobaLee.com
standard Condition Definitions). Seller
agrees to refund the Buyer for return shipping fees and provides a full
refund for the original cost of the item plus shipping fees
3. Items lost by mail carrier - Buyers may request returns if they never receive shipment of items purchased. In
these cases, both PayPal and Google Checkout offer Seller Protection
Policies, and Buyers and Sellers agree to follow the appropriate
process. NOTE: To be eligible, Sellers must
minimally purchase Delivery Confirmation (or other tracking number),
ship items within 7 days of Buyer purchase, and ship items to the
address on the PayPal or Google Checkout transaction. Sellers should
review and fully understand these policies.
4. Items damaged in mail due to insufficient packaging - This should be a rare situation, given the overwhelming majority of purchases on LoobaLee are not breakable. However, should a situation occur, Buyers may negotiate returns in full or in part with the Seller. This is difficult to prove, and it is the Seller's decision to agree to a return. Likewise, Buyers may leave the appropriate feedback.
5. Items damaged by mail carrier -
In the event items are damaged in the mail by USPS or another mail
carrier, LoobaLee offers up to $30.00 coverage for uninsured items to
the Buyer plus $5.00 in return shipping. To
obtain the coverage, Buyer must provide evidence and written proof from
the carrier service to LoobaLee.com, and Buyer must ship the item to
LoobaLee.com to obtain the refund.
-
Returns MAY NOT be requested for the following reasons:
1. Fit or Dislike –
Sellers are not obligated to offer returns for lack of fit or dislike
by the Buyer. Rather, it is recommended Buyers list unwanted items for
sale. NOTE: Detailed questions should be asked to the Seller prior to
purchasing the Item, which may include a request for additional or
different photos.
2.
Misrepresented Category, Item Type, Line/Collection, Color, Material,
Pet Free/Smoke Free details or Additional Description details. In
these cases, Sellers are not obligated to offer returns. Note that
'Pet' and 'Smoke' information must be disclosed both on a Seller's
listings andin their profile. If
a Buyer feels a Seller has significantly misrepresented their listing,
the Buyer may leave the appropriate feedback and file a formal complaint
with LoobaLee.com. Sellers may have up to three complaints filed before LooabLee.com will take corrective action with a Seller.
-
If the Seller Approves a Return:
1. Seller
agrees to provide written acceptance or denial of a return to a Buyer
by direct Email or via LoobaLee.com 'Contact Buyer' messaging service. In the case of Acceptance, Seller agrees to include details on the amount to be refunded to the Buyer.
2. Buyer
agrees to return items in the exact condition in which they were sent.
Items are to be returned unworn, carefully packaged, and not damaged in
any way. If it is suspected that a Buyer has worn
or damaged the item, the agreed upon refund amount may be refused and
the Seller is not obligated to return the Item to the Buyer.
3. Buyer and Seller agree for Buyer to ship Item(s) back to the Seller via USPS First Class or Parcel Post (whichever is less).
4. Buyer
agrees to ship and postmark the return package within 10 days of
Seller's approval in order to obtain the full, agreed upon refund
amount.
5. Buyer
agrees to purchase USPS Delivery Confirmation (or comparable tracking
from another carrier) on the return package to ensure a clear record of
shipping and delivery dates. The Seller is not obligated to refund the
agreed upon amount if the Buyer fails to purchase Delivery Confirmation
and the returned package is not delivered.
6. Seller
cannot be held responsible if returned items are lost in the mail, and
it is optional for the Buyer to purchase insurance on returned packages
at their expense.
7. Seller
agrees to provide written notification to the Buyer by direct Email or
via Loobalee.com 'Contact Buyer' messaging service when they have
received the returned Item(s).
8. Seller agrees to issue a Refund within 7 days of receipt of the returned item(s).
Individuals who believe Buyers or Sellers are not complying with the standard LoobaLee.com return policy may file a complaint. A
total of 3 complaints against a Member's account can result
investigation of their account. If a Buyer is a Visitor, Visitor Emails
and addresses may also be blocked from making additional purchases on
the Site.
Messages and Emails
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It is strictly
forbidden for Buyers and Sellers to use the Site's "Contact Buyer" and
"Contact Seller" messaging features for soliciting or encouraging
outside trading and will face possible deactivation
from the Site and further exclusion in our Community. If any Buyer or
Seller is approached for any reason other than to inquire about the
Item for sale or an existing Order, the Site requests to be contacted
immediately via Contact Us in the Sites Help . Possible offenders of this policy will be considered for site Suspension or Deactivation.
Listing
Questions and Order inquiries are encouraged to be answered as soon as
possible. Sellers should be aware that if they fail to answer questions
on a timely basis, this could reflect in the Buyer's feedback at the end
of a Sale.
Listing
Questions must be responded to via the Messages section of the Site.
Order questions must be responded to via Contact Buyer and Contact
Seller actions available for each order via "Track Order" in Help for Visitors, and MyLoobaLee Order views for Members.
Responses to Listing Questions can be edited and updated by the Seller on an ongoing basis.
Emails are provided to Buyers and Sellers for transactions to facilitate communications. See Privacy & Security Policy .
Feedback
Top
In
order to encourage responsible selling on the Site, a Feedback process
has been implemented for Sellers. When a sale is completed, the Buyer
has the opportunity to leave Feedback for the Seller. Both Visitors to
the Site and Members of the Site who make purchases can leave feedback
for Sellers regarding a specific transaction.
Feedback
Scores for Sellers are representative only of their Selling services
and transactions. Members who do not Sell on the Site will not
accumulate Feedback scores for their Buying transactions. Sellers,
however, do have the opportunity to leave a final comment against any
feedback or comments left by a Buyer.
Before
making a purchase on LoobaLee.com, we recommend Buyers review a
Seller's feedback and profile. A Seller's historical feedback ratings
and comments will not be considered after a purchase is made should the
Buyer want to request a Return.
Feedback Scoring & Comments
The feedback
score for a single transaction is based on the average ratings left for
three specific questions about the transaction. There is no provision
for a general, subjective score about a transaction. Feedback ratings
are based on a scale of 1 - 4: '1' is Negative, '2' is Neutral, '3' is
Positive', and '4' is Exceptional. A definition is provided for each
rating as it relates to the Feedback question. A Seller's overall
Feedback score is represented as an average of all Feedback ratings
given, such as 3.65.
While comments
are always encouraged, the Site requires comments to be left for any
'1-Negative' or '2-Neutral' ratings given. In these cases, we require
specific comments related to the reason for the feedback.
Leaving Feedback
Feedback is
collected and related to a specific transaction. When selecting a
rating and leaving comments for a transaction, care should be taken to
leave fair and factual feedback that is specifically related to that
transaction. Buyers cannot change or remove feedback after it is left, so leaving feedback should not be taken lightly. If
you choose to leave '1-Negative' or '2-Neutral' feedback, our system
will require that you enter Comments, and the Seller will have an
opportunity to leave a final response to your comments.
Once Feedback is
left on a transaction, the related Order automatically closes and the
Feedback cannot be changed or reversed. The Site reserves the right to
remove Feedback if, after investigation, it feels it was left
unjustly. Sellers may Contact Us if they believe they were left
unjustified Feedback, and the Site will respond to the matter within 60
days. See "Removal of Feedback" below to review the circumstances under
which the Site will consider removing a Buyers feedback. Contacting us
with a request to remove feedback does not ensure Feedback will be
removed. Although our process is based on objective criteria, removing
feedback is largely based on the Seller's ability to prove the feedback
was incorrectly and unjustly left. Under no circumstances will feedback
be adjusted by the Site.
Removal of Feedback
In rare circumstances, the Site will remove or consider removing Buyer feedback when: -
A Member who is suspended
or deactivated from the Site for cause has left '1-Negative' or
'2-Neutral' Feedback for another Member.
-
A Visitor or Member leaves negative, inflammatory, or inappropriate feedback comments that conflict with their ratings.
-
A Visitor or Member leaves '1-Negative' feedback on a transaction for a Seller who can demonstrate they followed LoobaLee.com's Standard Return Policy .
-
A Member or Visitor
who left the feedback provides an Email address or contact information
to LoobaLee.com on their account or on an order that is invalid.
-
A Visitor or Member leaves links or scripts in Feedback comments.
-
Personal
identification of any individual, such as real name, address, phone
number, or Email address is left in Feedback comments
-
Feedback commentary suggests political, religious, or social beliefs unrelated to the transaction
-
Feedback Comments are not directly related to the specific transaction
-
Inappropriate comments, such as profanity, vulgar, or obscene language.
-
'1-Negative' or
'2-Neutral' feedback was left for Seller who can prove they completed
the transaction within LoobaLee.com's policies and the feedback is
unjustified.
If
Buyers are found to repeatedly leave inappropriate feedback that is
removed, the Buyer's account and further activity on LoobaLee can be
suspended or deactivated without warning.
Abusing The Site
Top
LoobaLee.com
makes all reasonable and commercially practicable efforts to keep the
Site working properly and safely for its users and Members. Please Contact Us to report any problems, offensive content, and policy violations and we will investigate.
LoobaLee.com
also works to ensure that listed items do not infringe upon the
copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our Contact Us and we will investigate.
The
Site strictly forbids any Member to solicit or send spam directly or
via a 3rd party, electronic or otherwise, to any other Member unless it
is in direct connection with a particular item listed on the Site. Members receiving unsolicited communication are asked to Contact Us and report such activity to the Site.
Unauthorized
access to the site attempted by spiders, robots, hackers, or without our
written permission is prohibited. Such activities risk interfering and
disruptions with Site operations, performance, and availability to our
users and Members and are strictly forbidden. Likewise, attempting to
harm the system by injecting worms or viruses into the site is also
strictly forbidden.
LoobaLee.com
prohibits making available any parts of the Site elsewhere, aside from
your personal information, without our express written permission.
LoobaLee.com reserves the right to suspend or deactivate Member accounts,
prohibiting access to the Site, suspend or remove content, and take
technical and legal steps to keep users off the Site if we think they
are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies.
Intellectual Property & Copyright
Top
Unless otherwise
noted, all materials, including images, illustrations, designs, icons,
photographs, video clips, and written and other materials that appear as
part of this Site (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by LoobaLee.com. The Site as a whole is protected
by copyright and trade dress. All worldwide rights, title and interests
are reserved. The Contents of our site, and the Site as a whole, are
intended solely for personal, noncommercial (other than for the sale or
purchase of merchandise from our site) use by the users of our Site. You
may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title or
interest in any downloaded materials or software is transferred to you
as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of, or
exploit in any way, in whole or in part, any of the Contents, the Site,
or any related software.
If you are
seeking permission to use The Site's trademarks, logos, service marks,
trade dress, slogans, screen shots, copyrighted designs, or other brand
features, please Contact Us.
The Site expects
all users of its services to respect the intellectual property rights
of the Site and of other users. It is strictly prohibited to copy,
sell, distribute, use or publish any content of the Site in any form
without express written permission by the Site, including images of
items that are the intellectual property of an item’s Brand or of
another website. The Site may, in appropriate circumstances and at its
discretion, suspend or deactivate Members who may be infringing on the
intellectual property rights of the Site or of others.
If you believe your intellectual property rights have been violated, please immediately Contact Us or write to us at LoobaLee.com, 2014 N. Saginaw Rd., #231, Midland, MI 48640.
Content License
Top
When you give us
content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, trademark, publicity, and database rights you
have in the content, in any media known now or in the future.
For the
convenience of Sellers, we offer detailed listing menus and may offer a
catalog of images, brand and product descriptions, or product
specifications, which are provided by the Site, by the Site's Sellers
and/or by third-parties. While we try to offer reliable data, Sellers
are responsible for ensuring that their listings are accurate and do not
include misleading information. Sellers agree they will not hold the
Site responsible for inaccuracies in catalogs or content provided. Our
menus, catalogs and content may include copyrighted, trademarked, or
other proprietary materials. You may use the content only for
informational purposes connected with your Listings on the Site. You
may not use the content in a way that infringes or violates the Site's
or other's proprietary rights.
User Comments, Feedback, and other Submissions
Top
We welcome your feedback on the Site. All
comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to LoobaLee.com on or by
this Site or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, "Comments") shall be and
remain LoobaLee.com’s property. Such disclosure, submission or offer of
any Comments shall constitute an assignment to LoobaLee.com of all
worldwide rights, title and interests in all copyrights and other
intellectual property in the Comments. LoobaLee.com will own
exclusively all such rights, titles, and interests and shall not be
limited in any way in its use, commercial or otherwise, of any
Comments. LoobaLee.com is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay any compensation for any
Comments; or (3) to respond to any user Comments. You represent that no
Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further represent that no Comments
submitted by you to the Site will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
Site Outages
Top
The Site may
occasionally experience planned and unplanned outages during which times
the site is unavailable for usage. The site does not provide any
provision to Buyers who have items on hold in their carts and or who are
checking out during an outage due to system processing. The site
cannot guarantee ongoing availability of an Item after a Site Outage.
Site outages can include planned system maintenance outages, which
can occur daily during low traffic hours, and unplanned full system
outages due to service interruptions or unplanned site downtime to
recover from errors or to protect the site from fraud, viruses, or other
damage.
Links to Other Web Sites and Services
Top
To the extent
that this Site contains links to outside services and resources, the
availability and content of which LoobaLee.com does not control, any
concerns regarding any such service or resource, or any link there to,
should be directed to the particular outside service or resource.
LoobaLee.com makes no representation or warranty that any web site links
contain suitable, appropriate materials.
Liability and Disclaimer
Top
By using the
Site, you expressly agree to hold LoobaLee.com harmless for other users'
actions or inactions, including content they post on the Site. The Site
is intended to offer a venue to allow anyone to buy or sell the only
the merchandise defined by the Listing and Search Menus on the Site,
namely children's designer clothing and merchandise. We
have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of listings, the
ability of sellers to sell items. The Site will not be liable as a
result of Member's failure to provide services as a result of Member's
inclusions on the site, for errors relating to the provision of
services.
We
do not transfer legal ownership of items from the seller to the buyer,
and nothing in this agreement shall modify the governing provisions of Michigan
Compiled Laws § 440.2401(2) and Uniform Commercial Code § 2-401(2),
under which legal ownership of an item is transferred upon physical
delivery of the item to the buyer by the seller. Unless the buyer and
the seller agree otherwise, the buyer will become the item's lawful
owner upon physical receipt of the item from the seller, in accordance
with Michigan Compiled Laws § 440.2401(2) and Uniform Commercial Code § 2-401(2).
LoobaLee.com
uses reasonable skill and care to operate our services, however, we
cannot guarantee continuous or secure access to our services, or that
the Site will be secure, uninterrupted, error free or free from
infection or viruses. Further, this Site and all of its contents are
provided on an "as is" and available basis without warranties of any
kind, either express or implied, including without limitation warranties
of title or implied warranties of merchantability or fitness for a
particular purpose. Accordingly, to the extent legally permitted, we
exclude all implied warranties, terms and conditions. We are not liable
for any loss of money, goodwill, or reputation, or any special,
indirect, or consequential damages arising out of your use of the Site.
Some jurisdictions do not allow the disclaimer of warranties or
exclusion of damages, so such disclaimers and exclusions may not apply
to you. You acknowledge by your use of the site that your use of the
site is at your sole risk, that you assume full responsibility for all
costs associated with all necessary servicing or repairs of any
equipment you use in connection with your use of the Site, and that
LoobaLee.com shall not be liable for any damages of any kind related to
your use of the Site.
Regardless
of the previous paragraphs, if we are found to be liable, our liability
to you or to any third party is limited to the greater of (a) the total
fees you paid to us in the 12 months prior to the action giving rise to
the liability, and (b) $100.
Indemnification
Top
You agree to defend, indemnify and hold LoobaLee.com
harmless from and against any and all claims, damages, costs and
expenses, including reasonable attorneys' fees, arising from or related
to your use of the Site or any claim by a third party that your Comments
infringe the third party's rights.
You further agree to defend, indemnify and hold Loobalee.com harmless
for any and all liability, claims, damages and costs, including
reasonable attorneys' fees, arising out of or in connection with reach
of your obligations, representations and warranties in respect of
information provided by you in connection with the Site as provided in
this Terms of Use, regardless of negligence or wrongdoing by the Site or
any person for whom the site is responsible.
No Agency
Top
No
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Release
Top
If
you have a dispute with one or more users or Members, you release
Loobalee.com (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, 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 known by him must have materially affected his settlement with
the debtor."
Notices
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Except as
explicitly stated otherwise, legal notices shall be served on
LoobaLee.com or to the email address you provide to LoobaLee.com during
the registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that
the email address is invalid. Alternatively, we may give you legal
notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three days after the date of
mailing.
Resolution of Disputes
Top
If a dispute
arises between you and LoobaLee.com, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and LoobaLee.com agree that we will resolve any claim
or controversy at law or equity that arises out of this Agreement or our
services (a "Claim") in accordance with one of the subsections below or
as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first Contact Us directly to seek a resolution. We
will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation
This
Agreement shall be governed in all respects by the laws of the State of
Michigan as they apply to agreements entered into and to be performed
entirely within Michigan between Michigan residents, without regard to
conflict of law provisions. You agree that any claim or dispute you may
have against LoobaLee.com must be resolved by a court located in Midland
County, Michigan, except as otherwise agreed by the parties or as
described in the Arbitration Option paragraph below. You agree to submit
to the personal jurisdiction of the courts located within Midland
County, Michigan for the purpose of litigating all such claims or
disputes.
All
claims you bring against LoobaLee.com must be resolved in accordance
with this Resolution of Disputes Section. All claims filed or brought
contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the Resolution of
Disputes Section, LoobaLee.com may recover attorneys' fees and costs up
to $1000, provided that LoobaLee.com has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the
claim.
Amendments
Top
Loobalee.com
reserves the right to amend the terms and conditions of this Terms of
Use from time to time as it sees fit and without prior notification.
The details of any changes will be posted clearly on LoobaLee.com, or
sent directly to Members via e-mail. Except stated elsewhere, all
amended terms shall automatically be effective 30 days after they are
initially posted on the Site. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject
matter hereof. The following Sections survive any termination of this
Agreement: Fees and Services (with respect to fees owed for our
services), Release, Content License, Liability, Indemnity and Resolution
of Disputes.
Termination
Top
LoobaLee.com
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if in the
Company's sole discretion you fail to comply with any term or provision
of this Agreement, are suspected of, or are, practicing fraudulent or
criminal activities on the Site, are suspected.
The following Sections survive any termination of this Agreement: Fees
and Fee Structure (with respect fees owed to the Site for our
services), Release, Content License, Intellectual Property &
Copyright, Liability, Indemnity, Resolution of Disputes and Governing
Law & Jurisdiction.
Governing Law & Jurisdiction
Top
LoobaLee.com is located at 2014 S. Saginaw Rd., #231, Midland MI 48640.
By
using this site, you agree that all transactions between you and the
site are transactions completed in Michigan and subject solely to
Michigan law without regard to any conflict of law provisions. By using
this site, you agree that any dispute arising under this Agreement shall
be resolved exclusively by a court of competent jurisdiction located in
Midland County, Michigan, or, in the case of Federal law, in the
Eastern District of Michigan. If any provision of this Agreement is held
to be invalid or unenforceable by a court of law or other tribunal,
such provision shall be struck and the remaining provisions shall remain
in full force and affect. In our sole discretion, we may assign this
Agreement in accordance with the Notices Section. Headings are for
reference purposes only and do not limit the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. We do not guarantee we will take action against all breaches
of this Agreement.
You
may report complaints to the Complaint Assistance Unit of the Division
of Consumer Services of the Michigan Department of Consumer Affairs by
contacting them in writing Michigan Consumer Protection Division P.O.
Box 30213-7713 Lansing, MI 48909 or on-line at
https://secure1.state.mi.us/complaints/consumer.aspx
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