Terms of Service and User Agreement
Last Revision September 3, 2012
Welcome! Willkommen! Bienvenidos! Konnichiwa! Huanying! Bienvenue! Namaste!
By using LetsPool! (Letspool.com) you agree to the following terms of service:
This is a legal agreement between you (“User, “you,” “your”) and LetsPool Corporation ("LetsPool!" or "LetsPool").
While using LetsPool!, services and tools, you will not:
• post content or items in inappropriate categories or areas on our sites and services;
• violate any laws, third party rights or our policies;
• use our sites, services or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you join a pool, a clear typographical error is made, or you cannot reach the seller;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to LetsPool!;
• post false, inaccurate, misleading, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to LetsPool!);
• circumvent any of our policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
• transfer your LetsPool! account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm LetsPool!, or the interests or property of LetsPool! users;
• export or re-export any LetsPool! tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• copy, modify, or distribute rights or content from the LetsPool! sites, services, or tools or LetsPool!'s copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.
• not to allow any third party who is not authorized to do so to use your Account at any time.
• not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
• not to intercept or expropriate any system, data or personal information from the Website.
• you are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
• you will not use the Website or its services to defraud or mislead any person or entity, including without limitation LetsPool! or any User.
• that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
• you are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
Your Registration Obligations
In consideration of your use of the LetsPool! Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the LetsPool! Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the LetsPool! Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LetsPool! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LetsPool! has the right to suspend or terminate your account and refuse any and all current or future use of the LetsPool! Services (or any portion thereof). LetsPool! is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 should not allow their children access to the LetsPool!. Please remember that the Yahoo! Services is designed to appeal to a broad audience.
Member Account, Password and Security
You will receive a password and account designation upon completing the LetsPool! Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LetsPool! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LetsPool! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
LetsPool! deducts one or more of the following fees, as applicable, from payments made by a user ("Poolee") to another user ("Pooler"). LetsPool! charges all money transfers a money transfer fee. The fee is based on the amount charged by a payment processor and is deducted from the total amount paid by a Poolee to a Pooler, from a Pooler to an Item owner (another user), from LetsPool! to a Poolee, from a Poolee to LetsPool!, from LetsPool! to a Pooler, from Pooler to LetsPool!, from LetsPool! to an Item owner (another user). Poolers are charged a 10% Fee for any listing in which enough Poolees (another user) join which result in a successful completion ("Pop").
The LetsPool! Billing and Payment Services operate in US Dollars and therefore LetsPool! is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is LetsPool! responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the LetsPool! Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if LetsPool! determines in its sole discretion that a User has violated the conditions and restrictions of the Website or Terms of Service, LetsPool has the right to refuse to process such request.
Hold on Transfer
LetsPool! reserves the right, at its sole discretion, to place a hold on requested transfers if LetsPool! suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. LetsPool! will release a hold as soon as practical.
Agreement to Pay
If, for any reason, LetsPool! does not receive payment for any amounts that you have authorized to be paid through your use of the site, you agree to pay such amount immediately upon demand by LetsPool!. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by LetsPool! in collecting from you the authorized but unpaid amount. In such case, LetsPool! may, at its option, stop processing any further payments made by you and apply any amounts then held by LetsPool! on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use LetsPool!. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
A user on LetsPool's website ("Pooler") may request us to hold payment in our account for other users ("Poolees"). At Pooler's request, LetsPool! will assume responsibility for the payment for such goods or services (less applicable Service Charge). LetsPool! agrees not to pay Pooler for goods or services until after the verification of item shipment, or receipt. You acknowledge that such funds will belong to LetsPool! immediately upon such funds being transferred to LetsPool! by you. If a Poolee reasonably disputes the quality or completion of goods or services provide by you, then both users agree that LetsPool! shall have no payment obligations to any party related to relevant fees until such dispute is resolved. LetsPool!'s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
LetsPool! and its community of users (the "Community") work together to keep our sites, services, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-site transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue LetsPool! sites, services, or tools.
To protect against the risk of liability, LetsPool! has at times requested, and may continue to request, that we hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a claim. LetsPool! has held, and will continue to hold, seller funds pursuant to the terms of the this Agreement.
Many of our sites, services, and tools are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some members may reside outside of the United States and some may not speak English as a primary language. To assist users who speak different languages, we may translate listings and other LetsPool! content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, or tool involved, using the functionality built into such site, service, or tool. We also may provide you with access to third party tool(s) so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a LetsPool! user. If you request an on-demand translation from a third party tool, the accuracy or availability of the resulting translation is not guaranteed and will be your sole responsibility. In the event that any on-demand translation of a listing, message or other content conflicts with the meaning of the original text, then the original text will control as the official version of the listing, message or other content, as applicable.
However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Authorization to Contact You; Recording Calls
You authorize LetsPool!, its affiliates, agents, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including, but not limited to, calls or text messages using an automatic telephone dialing system and/or prerecorded messages, even if you incur charges for receiving such communications.
You understand and agree that LetsPool! may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with LetsPool! or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with LetsPool! may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by LetsPool!, and LetsPool! does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
When providing us with content or posting content on the LetsPool! sites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all 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 may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including LetsPool! users). You may use catalog content solely in connection with your LetsPool! listings during the time your listings are on the LetsPool! site.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all LetPool policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
Limitation of Liability
We try to keep Letspool.com and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold LetsPool! responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our sites, services and tools;
• Delays or disruptions in our sites, services, or tools;
• Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
• The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account;
• The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; LetsPool! reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
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 that we are not a traditional web site. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
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 amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.
By listing an item on the LetsPool! site, you agree to pay LetsPool!'s fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on the LetsPool! sites, your listing will be posted on the LetsPool! site and can be viewed in My Items or My Pools. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so LetsPool! can't guarantee exact listing durations. Our duplicate listing policy may also affect whether your listing appears in search results. Where your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in the LetsPool! Help Pages.
You are responsible for reading the full item listing, including any instructions the seller provides, before making commitment to buy. Unless otherwise stated, by joining a pool or commitment to buy an item on LetsPool!, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. We do not transfer legal ownership of items from the seller to the buyer. Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of LetsPool!'s sites, services, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on LetsPool!'s national registered agent or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Profile. In such case, notice shall be deemed given three days after the date of mailing.
You and LetsPool! agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and LetsPool!, except as otherwise stated in this User Agreement.
B. Agreement to Arbitrate
You and LetsPool! each agree that any and all disputes or claims that have arisen or may arise between you and LetsPool! shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1.Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND LETSPOOL! AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LETSPOOL! 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 LETSPOOL! USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this User Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in Indiana. If the value of the relief sought is $10,000 or less, LetsPool! may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LetsPool! subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or LetsPool!, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Indiana, 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 LetsPool! users, but is bound by rulings in prior arbitrations involving the same LetsPool! user to the extent required by applicable law. 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.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. LetsPool! will not pay for any request for payment of fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LetsPool! for all fees associated with the arbitration paid by LetsPool!.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
5. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided LetsPool! with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 14 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.Letspool.com, and shall not be effective as to any claim of which you provided LetsPool! with written notice prior to the date of termination.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute by a court order, you agree that any claim or dispute that has arisen or may arise between you and LetsPool! must be resolved exclusively by a state or federal court located in Indianapolis, Indiana. You and LetsPool! agree to submit to the personal jurisdiction of the courts located within Indianapolis, Indiana for the purpose of litigating all such claims or disputes.
LetsPool! is located at P.O. Box 79, Westfield, Indiana, 46074. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment 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 User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Letspool.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective immediately after they are initially posted. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.