Introduction
This User Agreement and all policies and additional terms posted on and in our sites,
applications, tools and services (collectively “Services”) set out the terms on which LW
Global Partners offers you access to and use of our Services.
All policies and additional terms posted on and in our sites, applications, tools, and
services are incorporated into this User Agreement. You agree to comply with all of the
terms of this User Agreement when accessing or using our Services.
The entity you are contracting with is LW Global Partners. In this User Agreement, this
entity is individually and collectively referred to as “LW,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how
claims you and we have against each other are resolved (see Disclaimer of
Warranties; Limitation of Liability and Legal Disputes provisions below). It also
contains an Agreement to Arbitrate, which will, with limited exception, require
you to submit claims you have against us or our agents to binding and final
arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes,
Section B (“Agreement to Arbitrate”)). Unless you opt out: (1) you will only be
permitted to pursue claims against us or our agents on an individual basis, not as
a plaintiff or class member in any class or representative action or proceeding
and (2) you will only be permitted to seek relief (including monetary, injunctive,
and declaratory relief) on an individual basis.
About LW
LW is a marketplace that allows users to offer, sell and buy just about anything in a
variety of pricing formats and locations. The actual contract for sale is directly between
the seller and buyer. LW is not a traditional auctioneer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our
Services, such guidance is solely informational and you may decide to follow it or not.
Also, while we may help facilitate the resolution of disputes through various programs,
LW has no control over and does 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.
Using LW
In connection with using or accessing the Services you will not:
• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems, policies, or
determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if
you are under 18 years old), or are temporarily or indefinitely suspended from using
our sites, services, applications or tools;
• fail to pay for items purchased by you, unless you have a valid reason as set out in a
LW policy, for example, the seller has materially changed the item’s description after
you bid, a clear typographical error is made, or you cannot contact the seller (see
our Unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in a LW
policy, for example, the buyer fails to comply with the posted terms in your listing or
you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems (see All about
our Feedback policies);
• transfer your LW 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 LW or the interests or
property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction
tools, or other automated means to access our Services for any purpose, except
with the prior express permission of LW;
• interfere with the working of our Services, or impose an unreasonable or
disproportionately large load on our infrastructure;
• export or re-export any LW application or tool, except in compliance with the export
control laws of any relevant jurisdictions and in accordance with posted rules and
restrictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other
intellectual property rights (collectively, “Intellectual Property Rights”) that belong to
or are licensed to LW. Some, but not all, actions that may constitute infringement are
reproducing, performing, displaying, distributing, copying, reverse engineering,
decompiling, disassembling, or preparing derivative works from content that belongs
to LW or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your
use of the Services or post content that does not belong to you;
• commercialize any LW application or any information or software associated with
such application, except with the prior express permission of LW;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures we use to provide the Services.
Sellers must meet LW’s minimum performance standards. Failure to meet these
standards may result in LW charging you additional fees, and/or limiting, restricting,
suspending, or downgrading your seller account.
If we believe you are abusing LW and/or our Services in any way, we may, in our sole
discretion and without limiting other remedies, limit, suspend, or terminate your user
account(s) and access to our Services, delay or remove hosted content, remove any
special status associated with your account(s), remove, not display, and/or demote
listings, reduce or eliminate any discounts, and take technical and/or legal steps to
prevent you from using our Services.
If we believe you are violating the policy on Offers to buy or sell outside of LW, you may
be subject to a range of actions, including limits on your buying and selling privileges,
restrictions on listings and account features, suspension of your account, application of
fees, and recovery of expenses for policy monitoring and enforcement. If you are a
seller and you offer or reference your contact information or ask a buyer for their contact
information in the context of buying or selling outside of LW, you may be liable to pay a
final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long
time or modify or discontinue our Services. Additionally, we reserve the right to refuse or
terminate all or part of our Services to anyone for any reason at our discretion.
Policy Enforcement
When a buyer or seller issue arises, we may consider the user’s performance history
and the specific circumstances in applying our policies. We may choose to be more
lenient with policy enforcement in an effort to do the right thing for both buyers and
sellers.
Fees
The fees we charge for using our Services are listed on our Standard selling fees page.
We may change our seller fees from time to time by posting the changes on the LW site
14 days in advance, but with no advance notice required for temporary promotions or
any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using
some or all LW Services, even if sales terms are finalized or payment is made outside
of LW. In particular, if you offer or reference your contact information or ask a buyer for
their contact information in the context of buying or selling outside of LW, you may be
liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given
your usage of LW Services for the introduction to a buyer.
You must have a payment method on file when selling through LW Services and pay all
fees and applicable taxes associated with our Services by the payment due date. If your
payment method fails or your account is past due, we may collect amounts owed by
charging other payment methods on file with us, retain collection agencies and legal
counsel, and, for accounts over 60 days past due, request that PayPal deduct the
amount owed from your PayPal account balance. In addition, you will be subject to late
fees. LW, or the collection agencies we retain, may also report information about your
account to credit bureaus, and as a result, late payments, missed payments, or other
defaults on your account may be reflected in your credit report. If you wish to dispute
the information LW reported to a credit bureau (i.e., Experian, Equifax or TransUnion)
please contact us. If you wish to dispute the information a collection agency reported to
a credit bureau regarding your LW account, you must contact the collection agency
directly.
Seller fees don’t purchase exclusive rights to item exposure on LW, whether on a web
page, mobile app, or otherwise. We may, in our sole discretion and without consent
from, or payment, fee reduction, or other credit to, sellers, display third-party
advertisements (including links and references thereto) or other content in any part of
our Services.
Listing Conditions
When listing an item, you agree to comply with LW’s Listing policies and Selling
practices policy and that:
• You are responsible for the accuracy and content of the listing and item offered
• Your listing may not be immediately searchable by keyword or category for several
hours (or up to 24 hours in some circumstances). LW can’t guarantee exact listing
durations
• When you use the consumer seller listing tool to create listings, your fixed-price
listings may renew automatically every 30 days, based on the listing terms at that
time, until the quantities sell out or until you cancel the listing
• Content that violates any of LW’s policies may be modified, obfuscated or deleted at
LW’s discretion
• We may revise product data associated with listings to supplement, remove, or
correct information
• We strive to create a marketplace where buyers find what they are looking for.
Therefore, the appearance or placement of listings in search and browse results will
depend on a variety of factors, including, but not limited to:
• buyer’s location, search query, browsing site, and history;
• item’s location, listing format, price and shipping cost, terms of service, end time,
history, and relevance to the user query;
• seller’s history, including listing practices, Detailed Seller Ratings, LW policy
compliance, Feedback, and defect rate; and
• number of listings matching the buyer’s query
• To drive a positive user experience, a listing may not appear in some search and
browse results regardless of the sort order chosen by the buyer
• Some advanced listing upgrades will only be visible on certain Services
• LW’s Duplicate listings Policy may also affect whether your listing appears in search
results
• Metatags and URL links that are included in a listing may be removed or altered so
as to not affect third-party search engine results
• We may provide you with optional recommendations to consider when creating your
listings. Such recommendations may be based on the aggregated sales and
performance history of similar sold and current listings; results will vary for individual
listings. To drive the recommendations experience, you agree that we may display
the sales and performance history of your individual listings to those of other sellers
Purchase Conditions
When buying an item, you agree to the Rules and policies for buyers and that:
• You are responsible for reading the full item listing before making a bid or
commitment to buy
• You enter into a legally binding contract to purchase an item when you commit to
buy an item, your offer for an item is accepted, or if you have the winning bid (or
your bid is otherwise accepted)
• For motor vehicles and real estate, a bid or offer initiates a non-binding transaction
representing a buyer’s serious expression of interest in buying the seller’s item and
does not create a formal contract between the buyer and the seller
• 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
International Buying and Selling; Translation
Many of our Services 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. Sellers and buyers are responsible for complying with all laws an
We offer product data (including images, descriptions and specifications) that are
provided by third parties (including LW users). You may use that content solely in your
LW listings. LW may modify or revoke that permission at any time in our sole discretion.
The product data includes copyrighted, trademarked and other proprietary materials.
You agree not to remove any copyright, proprietary, or identification markings in the
product data and not to create any derivative works based on that data (other than by
including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided
through the Services will always be available, accurate, complete, and up-to-date. You
agree that LW is not responsible for examining or warranting the listings or content
provided by third parties through the Services, and that you will not attempt to hold us or
our data providers liable for inaccuracies. As a seller, you agree to ensure that content
directly associated with your listings is accurate.
The name “LW” and other LW marks, logos, designs, and phrases that we use in
connection with our Services are trademarks, service marks, or trade dress of LW in the
U.S. and other countries. They may not be used without the express written prior
permission of LW.
Notice for Claims of Intellectual Property Violations and
Copyright Infringement Pursuant to Section 512(c) of Title 17 of the
United States Code
We respond to notices of alleged copyright infringement under the United States Digital
Millennium Copyright Act. LW’s Verified Rights Owner (VeRO) program works to ensure
that listed items and content on our site or in our apps do not infringe upon the
copyright, trademark, or certain other intellectual property rights of third parties. If you
believe that your intellectual property rights have been infringed, please notify our VeRO
team and we will investigate. Learn how to submit a notice to LW – opens i n new window or tab.
Holds
To protect LW from risk of liability for your actions as a seller, LW has at times
recommended, and may continue to recommend, that PayPal restrict access to funds in
a seller’s PayPal account based on certain factors, including, but not limited to, selling
history, seller performance, returns, riskiness of the listing category, transaction value,
or the filing of an LW Money Back Guarantee case. This may result in PayPal restricting
funds in your PayPal account.
Authorization to Contact You; Recording Calls; Analyzing
Message Content
LW may contact you using autodialed or prerecorded calls and text messages, at any
telephone number that you have provided us, to: (i) notify you regarding your account;
(ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v)
poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to
service your account or enforce this User Agreement, our policies, applicable law, or
any other agreement we may have with you. LW may also contact you using autodialed
or prerecorded calls and text messages for marketing purposes (e.g., offers and
promotions), if you consent to such communications. Our collection, use, disclosure,
retention, and protection of your personal information is governed by the User Privacy
Notice. As described in our User Privacy Notice, LW may collect other telephone
numbers for you and may place manual non-marketing calls to any of those numbers
and autodialed non-marketing calls to any landline. Standard telephone minute and text
charges may apply and may include overage fees if you have exceeded your plan limits.
If you do not wish to receive such communications, you may change your
communications preference at any time, including through the communication
preferences – opens in new window or tab section of your My LW.
LW may share your telephone number with its authorized service providers as stated in
our User Privacy Notice. These service providers may contact you using autodialed or
prerecorded calls and text messages, only as authorized by LW to carry out the
purposes identified above.
LW may, without further notice or warning and in its discretion, monitor or record
telephone conversations you or anyone acting on your behalf has with LW or its agents
for quality control and training purposes, or for its own protection.
LW’s automated systems scan and analyze the contents of every message sent through
its messages platform, including messages between users, to detect and prevent
fraudulent activity or violations of LW’s User Agreement, including the incorporated
terms, notices, rules, and policies. This scanning and analysis may occur before, during,
or after the message is sent, or while in storage, and may result in your message being
delayed or withheld. LW may store message contents, including to conduct this
scanning and analysis.
Privacy of Others; Marketing
If LW provides you with information about another user, you agree you will use the
information only for the purposes that it is provided to you. You may not disclose, sell,
rent, or distribute a user’s information to a third party for purposes unrelated to the
Services. Additionally, you may not use information for marketing purposes, via
electronic or other means, unless you obtain the consent of the specific user to do so.
Additional Terms
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain
circumstances. For all new sellers, in listings where returns are accepted, LW will set a
default rule that automates the return process. Sellers may remove or customize their
return preferences in their account settings within My LW. Where settings have been set
to automatically accept requests for returns or replacements, an LW-generated return
shipping label will be provided to your buyer. You agree to comply with our returns
policy.
When an item is returned, to refund the buyer, you (as seller) authorize LW to request
that PayPal remove the refund amount (in same or other currency) from your PayPal
account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller’s
responsibility.
You (as seller) authorize LW to place the return shipping label cost on your invoice,
subject to your automatic payment method on file when:
• An LW-generated return shipping label is used, and the seller is responsible for its
cost;
• Returns have been automated;
• You fail to send your buyer a return shipping label and, instead, an LW-generated
shipping label is used; and/or
• A transaction is cancelled, and to refund the buyer, you (as seller) authorize LW to
request that PayPal remove the refund amount (in same or other currency) from
your PayPal account. See canceling a transaction for more details.
Global Shipping Program
One of the ways that we may make LW listings available to international buyers on LW
and on LW’s International Sites is through the Global Shipping Program. For eligible
items located in the United States and purchased by an international buyer through the
Global Shipping Program, you (as seller) will simply ship the item to a parcel processing
facility located in the United States after receiving notification of payment from your
buyer. buyer if the
To the extent a buyer has a question about your Global Shipping Program listings, LW
is unable to respond directly to the question pertains to the services overseen by third
parties. (for example, customs or international shipping). You pay no additional fees for
selling through the Global Shipping Program.
Pursuant to a routed export transaction under the U.S. Export Administration
Regulations and Foreign Trade Regulations, your buyer, as the Foreign Principal Party
in Interest, will agree to assume responsibility for the export shipment. You remain liable
for the accuracy of information you provide about items, and you agree to provide timely
responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as
listing and order information, by LW to third parties. to its affiliates, service providers,
and other third parties (such as customs and revenue authorities, as well as other
government agencies), in connection with the processing, export and customs
clearance, and international transportation of any item. LW does not control the privacy
policies of third parties., its affiliates, or its service providers, and you are subject to the
privacy policies of those parties, as applicable.
Additional information about the program, including policies governing feedback, the
handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer
protection claims for items that you sell through the program, can be found on our
Global Shipping Program – opens i n new window or tab and Global Shipping FAQs – opens in new wi ndow or tab pages.
LW Money Back Guarantee
Most LW sales go smoothly, but if there’s a problem with a purchase, the LW Money
Back Guarantee helps buyers and sellers communicate and resolve issues. You agree
to comply with the policy and permit us to make a final decision on any LW Money Back
Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or
LW under the LW Money Back Guarantee, you authorize LW to request that PayPal
remove the reimbursement amount (in same or other currency) from your PayPal
account, place the amount on your invoice, and/or charge your payment method on file.
If we cannot get reimbursement from you, we may collect the outstanding sums using
other collection mechanisms, including retaining collection agencies.
We may suspend the LW Money Back Guarantee in whole or in part without notice if we
suspect abuse or interference with the proper working of the policy.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot
guarantee the continuous operation of or access to our Services. Bid update and other
notification functionality in LW’s applications may not occur in real time. Such
functionality is subject to delays beyond LW’s control.
You agree that you are making use of our Services 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 (including our parent,
subsidiaries, and affiliates, and our and their officers, directors, agents and employees)
are not liable, and you agree not to hold us responsible, for any damages or losses
(including, but not limited to, loss of money, goodwill or reputation, profits, other
intangible losses, or any special, indirect, or consequential damages) resulting directly
or indirectly from:
• the content you provide (directly or indirectly) using the Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by LW;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any LW Service;
• the content, actions, or inactions of third parties, including items listed using our
Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the
Abusing LW Section above;
• the duration or manner in which your listings appear in search results as set out in
the Listing Conditions Section above; or
• 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.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so
such disclaimers and exclusions may not apply to you.
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) any amounts due under the LW Money
Back Guarantee up to the price the item sold for on LW (including any applicable sales
tax) and its original shipping costs, (b) 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, or (c) $100.
Release
If you have a dispute with one or more users, you release us (and our affiliates and
subsidiaries, and our and their respective officers, directors, employees 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.
In entering into this release you expressly waive any protections (whether
statutory or otherwise) that would otherwise limit the coverage of this release to
include only those claims which you may know or suspect to exist in your favor
at the time of agreeing to this release.
Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our
and their respective officers, directors, employees, agents) harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or arising out
of your breach of this User Agreement, your improper use of LW’s Services or your
breach of any law or the rights of a third party.
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND
WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND LW HAVE
AGAINST EACH OTHER ARE RESOLVED.
You and LW agree that any claim or dispute at law or equity that has arisen, or
may arise, between you and LW (including any claim or dispute between you and
a third-party agent of LW) that relates in any way to or arises out of this or
previous versions of this User Agreement, your use of or access to the Services,
the actions of LW or its agents, or any products or services sold or purchased
through the Services, will be resolved in accordance with the provisions set forth
in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the
laws of the State of Utah, 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
LW, except as otherwise stated in this User Agreement.
B. Agreement to Arbitrate
You and LW each agree that any and all disputes or claims that have arisen, or
may arise, between you and LW (including any disputes or claims between you
and a third-party agent of LW) that relate in any way to or arise out of this or
previous versions of the User Agreement, your use of or access to the Services,
the actions of LW or its agents, or any products or services sold, offered, or
purchased through the Services shall be resolved exclusively through final and
binding arbitration, rather than in court. Alternatively, you may assert your claims
in small claims court, if your claims qualify and so long as the matter remains in
such court and advances only on an individual (non-class, non-representative)
basis. The Federal Arbitration Act governs the interpretation and enforcement of
this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND LW 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 OR
PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH
YOU AND LW 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, CLASS, OR PRIVATE ATTORNEY
GENERAL ACTION OR 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. If a court decides that applicable law precludes enforcement of any
of this paragraph’s limitations as to a particular claim for relief, then that claim (and
only that claim) must be severed from the arbitration and may be brought in court,
subject to your and LW’s right to appeal the court’s decision. All other claims will be
arbitrated.
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 should apply
the terms of the User Agreement as a court would. All issues are for the arbitrator to
decide, except that issues relating to arbitrability, the scope or enforceability of this
Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to
Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized
Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”)
under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as
applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are
available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the
word “arbitrator” in this provision shall not be construed to prohibit more than one
arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the
number of arbitrators that may preside over an arbitration conducted under this
Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail,
a completed form Notice of Dispute (“Notice”). You may download a form Notice – opens i n new window or tab.
The Notice to LW should be sent to LW. LW will send any Notice to you to the
physical address we have on file associated with your LW account; it is your
responsibility to keep your physical address up to date. All information called for in
the Notice must be provided, including a description of the nature and basis of the
claims the party is asserting and the relief sought.
If you and LW are unable to resolve the claims described in the Notice within 30
days after the Notice is sent, you or LW may initiate arbitration proceedings. A form
for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In
addition to filing this form with the AAA in accordance with its rules and procedures,
the party initiating the arbitration must mail a copy of the completed form to the
opposing party. You may send a copy to LW. In the event LW initiates an arbitration
against you, it will send a copy of the completed form to the physical address we
have on file associated with your LW account. Any settlement offer made by you or
LW shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another
mutually agreed location. If the value of the relief sought is $1,000 or less, you or LW
may elect to have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and LW subject to the
arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
In cases where an in-person hearing is held, you and/or LW may attend by
telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable
law, 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 LW 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.
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. If the value of the relief
sought is $1,000 or less, at your request, LW will pay all filing, administration, and
arbitrator fees associated with the arbitration. Any request for payment of fees by
LW should be submitted by mail to the AAA along with your Demand for Arbitration
and LW will make arrangements to pay all necessary fees directly to the AAA. If (a)
you willfully fail to comply with the Notice of Dispute requirement discussed above,
or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration
to be frivolous, you agree to reimburse LW for all fees associated with the arbitration
paid by LW on your behalf that you otherwise would be obligated to pay under the
AAA’s rules.
Severability
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 an arbitrator or 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.
Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO
REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A
WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE
MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU
ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE
OPT-OUT NOTICE TO LW.
For your convenience, we are providing an Opt-Out Notice form – opens i n new window or tab. You must
complete and mail that to us in order to opt out of the Agreement to Arbitrate. You
must complete the Opt-Out Notice form by providing the information called for in the
form, including your name, address (including street address, city, state and zip
code), and the user ID(s) and email address(es) associated with the LW Service
account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be
effective. This procedure is the only way you can opt out of the Agreement to
Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User
Agreement and its Legal Disputes Section will continue to apply to you. Opting out of
this Agreement to Arbitrate has no effect on any previous, other, or future arbitration
agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we
agree that if we make any amendment to this Agreement to Arbitrate (other than an
amendment to any notice address or site link provided herein) in the future, that
amendment shall not apply to any claim that was filed in a legal proceeding against
LW prior to the effective date of the amendment. The amendment shall apply to all
other disputes or claims governed by the Agreement to Arbitrate that have arisen or
may arise between you and LW. We will notify you of amendments to this
Agreement to Arbitrate by posting the amended terms on www.LW.com at least 30
days before the effective date of the amendments and by providing notice through
the LW Message Center and/or by email. If you do not agree to these amended
terms, you may close your account within the 30-day period and you will not be
bound by the amended terms.
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, either as a result of your
decision to opt out of the Agreement to Arbitrate or as a result of a decision by the
arbitrator or a court order, you agree that any claim or dispute that has arisen or may
arise between you and LW must be resolved exclusively by a state or federal court
located in Sonoma County, California. You and LW agree to submit to the personal
jurisdiction of the courts located within Sonoma County, California for the purpose of
litigating all such claims or disputes.
General
Except as otherwise provided in this User Agreement, if any provision of this User
Agreement is held to be invalid, void or for any reason unenforceable, such provision
shall be struck out and shall not affect the validity and enforceability of the remaining
provisions. In our sole discretion, we may assign this User Agreement, and in such
event, we will post notice on www.net-worm.com – opens i n new window or tab.
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.LW.com. Our right to amend the User Agreement includes the right to modify, add
to, or remove terms in the User Agreement. We will provide you 30 days’ notice by
posting the amended terms. Additionally, we will notify you through the LW Message
Center and/or by email. Your continued access or use of our Services constitutes your
acceptance of the amended terms. We may also ask you to acknowledge your
acceptance of the User Agreement through an electronic click-through. This User
Agreement may not otherwise be amended except through mutual agreement by you
and an LW representative who intends to amend this User Agreement and is duly
authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time.
Changes take effect when we post them on the LW Service.
If you create or use an account on behalf of a business entity, you represent that you
are authorized to act on behalf of such business and bind the business to this User
Agreement. Such account is owned and controlled by the business entity. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the
entire understanding and agreement between you and LW, and supersede all prior
understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content,
Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and
General.
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.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois,
buyers and sellers may elect to submit complaints against one another to the American
Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are
available at www.adr.org. Such complaints shall be decided by an independent
arbitrator in accordance with this User Agreement. Buyers and sellers further agree to
submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event
held in Illinois