|In order to use LapTwo’s site, we need you to agree to some of basic terms and conditions. We promise that you’ll easily search through listings, post your stuff for sale without hassle, and enjoy great content. So please read this and get back to having fun on LapTwo.com.|
LapTwo is a Marketplace/Venue
(A) Age: LapTwo is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, LapTwo’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. LapTwo may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use LapTwo’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LapTwo of any unauthorized use of your password or any breach of security. You also agree that LapTwo cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LapTwo without LapTwo’s express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LapTwo you must provide and maintain valid payment information such as valid credit card information.
(E) Account Transfer: You may not transfer or sell your LapTwo account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Right to Refuse Service: ACCESS TO LAPTWO’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT LapTwo’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS LAPTWO’S SITE. LapTwo will terminate any user who it determines is providing services competitive to LapTwo through the Site. LapTwo’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended LapTwo members. Additionally, LapTwo reserves the right, in LapTwo’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
Fees and Services
Joining and setting up a shop on LapTwo is free. LapTwo does not charge fees to list an item for sale. LapTwo does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. LapTwo’s Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for LapTwo’s services are effective immediately after posting the changes on the Site. LapTwo may also choose to temporarily change the Billing Policy and the fees for LapTwo’s services for promotional events (for example, free listing days); such changes are effective when LapTwo posts the temporary promotional event on the Site.
Fees and Termination: If LapTwo terminates a listing or your account, if you close your account, or if the payment of your LapTwo fees cannot be completed for any reason, you remain obligated to pay LapTwo for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT LAPTWO MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES AND WAIVE ANY AND ALL CLAIMS AGAINST LAPTWO FOR EXERCISING THIS RIGHT. If you have a question or wish to dispute a charge, contact LapTwo. Read Aboout LapTwo’s Billing Policy
(A) Your Content: LapTwo does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant LapTwo a license solely to enable LapTwo to use any information or Content you supply LapTwo with, so that LapTwo is not violating any rights you might have in that Content. You grant LapTwo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow LapTwo to store or re-format your Content on LapTwo and display your Content on LapTwo in any way as LapTwo chooses. LapTwo can also use any transactional information including sale date and final price for sales completed on LapTwo as it sees fit.
(C) Re-Posting Content: By posting Content on LapTwo, it is possible for an outside website or a third party to re-post that Content. You agree to hold LapTwo harmless for any dispute concerning this use. If you choose to display your own LapTwo-hosted image on another website, the image must provide a link back to its listing page on LapTwo.
(D) Idea Submissions: LapTwo considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and LapTwo shall not be liable for the disclosure or use of such Material. If, at LapTwo’s request, any member sends Material to improve the site (for example through the Forums or to customer support), LapTwo will also consider that Material to be non-confidential and non-proprietary and LapTwo will not be liable for use or disclosure of the Material. Any communication by you to LapTwo is subject to this Agreement. You hereby grant and agree to grant LapTwo, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
LapTwo does not control the Content provided by users that is made available on LapTwo. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using LapTwo, you agree to accept such risks and expressly agree that LapTwo (and LapTwo’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on LapTwo. Please use caution, common sense, and practice safe buying and selling when using LapTwo.
Other Resources: LapTwo is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LapTwo does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LapTwo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and LapTwo, please contact LapTwo. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Calumet County, WI, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the 4th Judicial District of Wisconsin. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and LapTwo agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, you release LapTwo (and LapTwo’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. LapTwo encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
LapTwo, for the benefit of users, may try to help users resolve disputes. LapTwo does so in LapTwo’s sole discretion, and LapTwo has no obligation to resolve disputes between users or between users and outside parties. To the extent that LapTwo attempts to resolve a dispute, LapTwo will do so in good faith based solely on LapTwo’s policies. In the event LapTwo involves itself in a dispute between customers, you expressly waive and release LapTwo (and LapTwo’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.
For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
(G) Feedback: LAPTWO WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE OR UNREASONABLY INFLAMMATORY. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: You expressly waive and release LapTwo (and LapTwo’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, Services or your use of the same.
From time to time LapTwo may offer financing options and alternatives through Affirm, Inc. or other similar third party vendors (“Financing Vendors”). You acknowledge that Financing Vendors are not agents of LapTwo and LapTwo is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against LapTwo that arise out of your use of, or the services of, any Financing Vendors.
Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with LapTwo and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from LapTwo. You hereby expressly consent to communications of any kind from LapTwo.
LapTwo’s Intellectual Property
LapTwo, and other LapTwo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LapTwo or its affiliated companies in the U.S. and/or other countries. LapTwo’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of LapTwo.
Access and Interference
LapTwo may contain robot exclusion headers which contain internal rules for software usage. Much of the information on LapTwo is updated on a real-time basis and is proprietary or is licensed to LapTwo by LapTwo’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access LapTwo for any purpose whatsoever, except to the extent expressly permitted by LapTwo’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in LapTwo’s sole discretion, an unreasonable or disproportionately large load on LapTwo’s infrastructure. You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass LapTwo’s robot exclusion headers or other measures LapTwo may use to prevent or restrict access to LapTwo.
LAPTWO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE LAPTWO’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. LAPTWO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LAPTWO SHALL CREATE ANY WARRANTY.
Limitation of Liability
IN NO EVENT SHALL LAPTWO, AND (AS APPLICABLE) LAPTWO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, LAPTWO’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. LAPTWO’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LAPTWO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LAPTWO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
CITES and Claims Release
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that LapTwo has informed you of the potential prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOUR HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST LapTwo RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD LapTwo AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST LapTwo.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
No Guarantee of Continuous Service
LapTwo does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside LapTwo’s control.
Trademarks for Modified Products
Users of the Site who engage in modifications of machines, parts, or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but LapTwo will aid in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without express written permission from the trademark owner.
Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any LapTwo service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on LapTwo’s net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. LapTwo cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; LapTwo assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through LapTwo. If you complete 200 transactions or more and receive over $20,000 in gross income from the site, exclusive of LapTwo’s fees, you will receive a Form 1099 from LapTwo and be obligated to pay income tax on your earnings. LapTwo is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
Proposition 65 – California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. On August 30, 2018, Prop 65 will change by encouraging the Notice Parties to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all LapTwo users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on LapTwo. You agree to indemnify and hold LapTwo harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Transactions Over $25,000
For transactions in excess of $25,000, LapTwo adheres to its standard LapTwo Protection policies with the following amendments: (a) outside of regular payment option, the seller may wire LapTwo the funds to be held in escrow pending buyer satisfaction; (b) the standard seven-day LapTwo Protection window will apply, after which the funds will be released to the seller; (c) as with standard LapTwo Protection, the buyer must notify LapTwo of any damage, deficiencies or issues with the item within seven (7) days of receipt or such claims will be waived; (d) LapTwo is not responsible for any damage or destruction of the item in transit unless expressly agreed to in writing by LapTwo. LapTwo strongly encourages to the parties to privately insure the item in transit; (e) transactions over $25,000 may be subject to additional processing fees, not to exceed 2.5%; and (f) any order transacted through private messaging or off the platform will not be subject to any protection.
You and LapTwo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Modification of Service or Terms and Policies
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Illinois, excluding its conflicts of laws rules, and the United States of America.
Sanctioned Countries and Endangered Species
LapTwo does not currently support transactions to, from or involving Cuba, the Democratic People’s Republic of Korea, Iran, Sudan, Syria, and Crimea (the “Sanctioned Countries”). Additionally, listings with items made in the Sanctioned Countries, or made from materials derived from endangered species, will be removed if found on the Site.
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to LapTwo; W6389 Sonny Dr #2 Menasha, WI 54952 (in the case of LapTwo) or, in your case, to the email address you provide to LapTwo (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, LapTwo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LapTwo. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by LapTwo.com, LLC, located at W6389 Sonny Dr #2 Menasha, WI 54952. If you are a Wisconsin resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: May 6, 2019