Welcome to the Long Beach Post Shop (“LBP Shop”). Please read these Terms of Service (the “Agreement”) carefully. Your use of the LBP Shop website (“Website”) constitutes your consent to this Agreement.
This Agreement is between you and the Long Beach Post concerning your use of or access to the LBP Shop website. This Agreement is a legally binding contract between you and the Long Beach Post. This contract sets out your rights and responsibilities (“Terms”) when you use the LBP Shop and Service (the “Service” includes the Website, as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms are displayed) provided by the Long Beach Post.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
1. Description of the Service
- The LB Shop is an online marketplace. The Long Beach Post does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. Users that list and sell items through the Service (“Sellers”) and users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers are collectively referred to herein as “Users” of the Service.
- The Long Beach Post provides payment processing services through third party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card, PayPal, Apple Pay and Android Pay. Sellers may have funds from sales deposited into their designated bank account. Please remember payment instruments and bank accounts can only be registered on one LB Shop account at a time.
- The Long Beach Post is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Website, but is not and shall not be involved in disputes between Users.
2. Other Terms and Policies Which Apply
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (WHICH IS 18 IN MOST STATES.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time apply to you (“Policies”). These Terms apply to all Users:
- Prohibited Conduct
- Prohibited Items
- Electronic Communications Delivery Policy
- DMCA Policy
LBP Shop helps people in the U.S. sell, list and transact online to sell and buy goods specifically related to the COVID-19 pandemic.
Intellectual Property Owners – If you are the owner or authorized agent of the owner of copyrighted or other protected intellectual property, the [Insert Link to DMCA Policy] describes your rights and obligations to have your content removed from the Website.
3. Your Account with the Long Beach Post
You’ll need to create an Account with the Long Beach Post to use some features of our Service. If the Long Beach Post determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, the Long Beach Post may, at its sole discretion, take action, up to and including termination of your account. Additional information can be found in the [Insert link to Prohibited Conduct], [Insert link to Prohibited Items]. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with the Long Beach Post:
- A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms and all applicable policies.
- You must be 18 years of age or older to have an account
- You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one Long Beach Post account at a time; they cannot be shared on multiple accounts.
- You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
- If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales (Note: payments using Account Balance from prior sales is currently not available for California residents), or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
- If you complete a sale, you may withdraw your Account Balance to your bank account using direct deposit. It is your responsibility to ensure that your bank account information is entered correctly.
- You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.
- You are responsible for all fees, chargebacks, payment reversals or refunds received by the Long Beach Post, even after you close your Account. Amounts owed may be removed from your Balance.
- You are responsible for keeping your Account password secure.
3. Third-Party Services and Linked Websites
4. Termination by You
You may terminate your Account with the Long Beach Post at any time. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by the Long Beach Post, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination.
5. Your Content
Content that you post to the Website (“Content”) must be content you own or have the right to use. That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
- Responsibility for Your Content. You are solely responsible for your Content. You represent that you have all necessary rights to your Content and that you’re not infringing or violating any third-party’s rights by posting it.
- Permission to Use Your Content. By posting your Content on the Website, you grant the Long Beach Post a license to use it. We don’t claim any ownership to your Content, but we have your permission to use it to help The Website function. By posting your Content, you grant the Long Beach Post a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Service and to promote LBP Shop, or the Service in general, in any formats and through any channels, including across any third-party website or advertising medium.
- Reporting Unauthorized Content. The Long Beach Post has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
- Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Prohibited Conduct Policy or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
6. Your Use of Our Service
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
- You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It is your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required. You may not use LBP Shop to list or sell items that violate any laws. You may not use LBP Shop to commit fraud, theft or any other crimes against the Long Beach Post, another LBP Shop user or a third-party. Please review our [Insert Link to Prohibited Items Policy] and [Insert Link to Prohibited Conduct Policy] for more details.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- By using our Service, you’re agreeing to our [Insert Link to Electronic Communications Policy], which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
- The Long Beach Post does not manufacture, store or inspect any of the items sold through our Service. The Long Beach Post provides the venue; but the items in our marketplaces are produced, listed and sold directly by independent sellers, so the Long Beach Post cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release the Long Beach Post from any claims related to items sold through our Service, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
- You may come across materials that you find offensive or inappropriate while using our Service. The Long Beach Post is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release the Long Beach Post from all liability relating to that content.
- You can use the Service to interact with other individuals. However, you understand that the Long Beach Post does not screen Users of our Services, and you release the Long Beach Post from all liability relating to your interactions with other Users. Please report Users who engage in Prohibited Conduct so we may review their account.
- You understand that our Services are provided “as is” and without any kind of warranty (express or implied). The Long Beach Post expressly disclaims any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
- The Long Beach Post does not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
7. Suspension or Termination by the Long Beach Post
The Long Beach Post reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
The Long Beach Post may refuse service to anyone and may terminate or suspend your access to the Website and the Service in whole or in part at any time, for any reason, without notice unless required by law).
If we terminate or suspend your access to the Website or our Service:
- You don’t have a contractual or legal right to continue to use our Website or our Service. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
- You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
- Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
- We may obtain reimbursement of any amounts owed by a Seller to the Long Beach Post by deducting from future payments owed to the Seller, reducing any credits from the seller’s Long Beach Post Account Balance, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
- The Long Beach Post will make refunds or other payments owed to you, as required by applicable law or regulation.
8. Buying and Selling Generally
Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our [Insert Link to Prohibited Items] and [Insert Link to Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by the Long Beach Post to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.
Seller agrees that the Long Beach Post and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by the Long Beach Post of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal).
All shipping arrangements will be made directly between the Seller and the Buyer.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with the Long Beach Post or its affiliates. The Long Beach Post and its affiliates are not parties to your payment transaction with the Seller.
9. Disputes Between Users
Sellers agree to resolve any disputes directly with the Buyer according to our Terms.
Returns of prohibited items to Sellers are not allowed. Sellers will not be reimbursed for prohibited items.
If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such users at their own cost. The Long Beach Post may participate in the dispute at its discretion. The Long Beach Post shall not bear any liability related to such disputes.
If you have a dispute with one or more users, you release the Long Beach Post (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents 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 OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10. No Interest
The Long Beach Post and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with the Long Beach Post. You assign to the Long Beach Post the right to earn interest on earnings or other funds maintained with the Long Beach Post and its bank, in consideration of your use of the Service.
11. Indemnification; Limitation of Liability
If the Long Beach Post gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending the Long Beach Post to the best of your ability. This includes holding the Long Beach Post harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither the Long Beach Post, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall the Long Beach Post’s aggregate liability for any damages exceed the one hundred ($100) U.S. Dollars.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Long Beach Post from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Website and/or the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE WEBSITE AND THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LONG BEACH POST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE AND THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE AND THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE AND THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE AND THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE LONG BEACH POST HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING..
Limitation of Liability. IN NO EVENT WILL THE LONG BEACH POST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LONG BEACH POST HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LONG BEACH POST TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR LONG BEACH POST ACCOUNT BALANCE, THE SOLE REMEDY AGAINST LONG BEACH POST SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL LONG BEACH POST BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF LONG BEACH POST OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
LONG BEACH POST SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
THE LONG BEACH POST SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING OR RESTRICTING YOUR ACCESS TO THE WEBSITE OR THE SERVICE.
THE LONG BEACH POST SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. The Long Beach Post shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; pandemics, acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
- These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and the Long Beach Post.
- The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and the Long Beach Post regarding the Service.
- If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- The Terms will remain in effect even after your access to the Website and Service is terminated, or your use of the Website and the Service ends.
- You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
If the Long Beach Post determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the Website, or by other reasonable means. The Long Beach Post shall not be liable for any damages incurred due to the fact that the Long Beach Post’s notice or communication was not received or was delayed.
You may print or PDF our policies. If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.
Governing Law and Jurisdiction
- These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and the Long Beach Post that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California.
- If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
13. Legal Disputes and Use of Arbitration
You and the Long Beach Post each agree that any and all disputes or claims that have arisen or may arise between you and the Long Beach Post relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and the Long Beach Post agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE LONG BEACH POST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE LONG BEACH POST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.
All arbitration will be conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. JAMS rules are available at http://www.jamsadr.org.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and the Long Beach Post are unable to agree, in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LBP Shop user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this Policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this section shall be null and void.
By using our Service, you agree to follow the rules and manners as included in our Terms and Policies. By using our Service, you agree not to engage in the following Prohibited Conduct:
- Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
- Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
- Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying your age, date of birth or other information;
- Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.
Long Beach Post may take any of the following actions on an account that has violated our Policies or if Long Beach Post suspects prohibited conduct has occurred:
- We may contact Users or utilize a third party verification service to verify User Information.
- Long Beach Post may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
- Long Beach Post may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by the Long Beach Post.
- Long Beach Post may hold funds after termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct as stated in our Terms of Service.
The following is a list of actions the Long Beach Post restricts users from participating in:
- Having multiple Long Beach Post accounts
- Creating a new account after being permanently banned
- Creating a new account to bypass restrictions on another account
- Listing a Prohibited Item
- Creating multiple listings of the same item
- Excessive reposting of previously listed items
- Listing an item that is not actually for sale
- Listing items without the intent to sell
- Listing items with the intent to sell to certain users only
- Using a stock or advertisement photo as the only image
- Using photos that you do not own or have taken yourself
- Using another member’s photos or words without their consent
- Listing an excessive amount of search keywords
- Setting unrelated categories
- Setting a false brand
- Listings that do not specify size, color, quantity, etc.
- Listings that require users to specify size, color, quantity, etc.
- Listing in auction, raffle, or giveaway format
- Listing free items for purchase
- Listing another user’s personal information in a manner other than specified by the Long Beach Post
- Listing a single product with the purchase price divided into multiple parts
- Soliciting users to an external website
- Soliciting transactions to an external website
- Soliciting users to provide personal information
- Soliciting other users to list Prohibited Items or engage in Prohibited Conduct
- Indecent behavior
- Copyright infringement
- Posting false information
Do not hesitate to contact the Long Beach Post if you come across or are solicited for such actions.
Long Beach Post prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service regardless of whether the Seller acted intentionally or not. If the Long Beach Post determines that a listing is in violation or is otherwise inappropriate the Long Beach Post may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.
The Website and/or the Service may not be used in connection with any product, service, transaction or activity that in general:
- Violates any law or government regulation, or promotes or facilitates such action by third parties;
- Is fraudulent, deceptive, unfair or predatory;
- Causes or threatens to damage the Long Beach Post’s reputation;
- Violates the terms of any bank, card or electronic funds transfer network;
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability
The list of Prohibited Items may be updated from time to time at the Long Beach Post’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
The Website and/or the Service may not be used to sell any of the following products or services:
- Anything illegal
- Drugs such as:
- Products, tools, or services specifically offered or intended to be used to create drugs
- Grow ingredients for drugs Ex. seeds for cannabis plants
- Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
- FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies and homemade cosmetics. Listings or items descriptions that offer miracle cures such as “anti-aging”, “cancer protection” or make false health claims or misuse terms such as “Covid-19”, ‘Virus”, “epidemic”
- Inflated prices where listings attempt to profit from tragedies and disasters
- Stolen goods
- Counterfeit goods or goods infringing on a third party’s intellectual property rights such as:
- Listings of non-brand, non-genuine, imitation, fake, or replica
- Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
- Note: For brand-name products, serial numbers or receipts must be available when listing the item.
- Weapons such as:
- Firearms and firearm parts; including airsoft and bb guns
- Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector
- Explosives or military ordinance
- Self defense weapons
- Tobacco products
- E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine
- Vaporizing liquid without nicotine
- Items used for identity theft such as:
- Account credentials, user login information, and/or account access codes
- Items not in your possession
- Advertisements or listings for objects being sought
- Items you do not currently have that are on order
- Coupons to purchase products
- Items that are a safety hazard
- Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (Ex. “mod chips” to break the encryption on game computers to allow the playing of unlicensed game copies)
- Age restricted products or products that require a legal approval or licenses to be sold
- Gambling, including using this service for raffles and mystery purchases
- Financial products and services such as:
- Bonds, securities, and insurance
- Banknotes or coins of any currency or denomination, or gold bullion
- Buying and selling gift cards or prepaid cards
- Live Animals or trafficked materials
- Any item that contains a computer virus, malware, or spyware
- Explicit items
- Sexually explicit items such as sex toys and fetish items
- Offensive items (determined at our discretion)
Note: Any item may be removed at the discretion of the company.
Electronic Communication Policy
This policy describes how the Long Beach Post delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Long Beach Post account (“Account”) and your use of our Services. Communications include:
- Transaction receipts or confirmations; and
- Account statements and history.
We will provide these Communications to you by posting them on the Long Beach Post website and/or by emailing them to you at the primary email address listed in your Long Beach Post profile.
Updating your contact information
It is your responsibility to keep your primary email address up to date so that the Long Beach Post can communicate with you electronically. You understand and agree that if the Long Beach Post sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, the Long Beach Post will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Long Beach Post to your email address book so that you will be able to receive the Communications we send to you. If your email address becomes invalid such that electronic Communications sent to you by the Long Beach Post are returned, the Long Beach Post may deem your Account to be inactive, and you will not be able to transact any activity using you’re the Long Beach Post Account until we receive a valid, working primary email address from you.
How to withdraw your consent
You may withdraw your consent to receive some Communications electronically by contacting us at [email protected] After you consent to receive Communications electronically, you may withdraw your consent to receive the IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.
Requesting paper copies of electronic Communications
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file address in your Long Beach Post user profile. If you request paper copies, you understand and agree that Long Beach Post may charge you a Records Request Fee for each Communication.
Long Beach Post respects the intellectual property rights of its Users and we comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512 et. al., as amended). It is our policy to respond promptly to any claim that content posted on our Website or through our Services infringes copyrighted or other intellectual property. The Long Beach Post will use reasonable methods to investigate notices of alleged infringement and will take appropriate action under applicable laws. To notify the Long Beach Post of a possible infringement, you must submit a written notice to our Designated Copyright Agent using the following email address: [email protected] Any notice of possible copyright infringement must include the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted or intellectual property;
- a description of the copyright-protected work or other intellectual property that you allege has been infringed;
- a description of the material that you claim is infringing and where it is located on the App or Service;
- your contact information, including at a minimum your mailing address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the App or Service is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that a DMCA Notice has been submitted in error, and that your posting was not infringing, you may contact our Designated Copyright Agent at the contact information provided above to submit a written counter-notification. Under the DMCA, a counter-notice must include the following information:
- your physical or electronic signature;
- an identification of the material that was removed and the location at which the material appeared before it was removed;
- a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material (whether or not it was intentional);
- your contact information, including at a minimum your mailing address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provided is located (or, if you live outside the United States, the U.S. District Court for the Northern District of California) and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.