Local Orbit User Agreement

The following describes the terms on which Local Orbit offers you access to our services.

Introduction

Welcome to Local Orbit. By using the services provided by localorb.it or localorbit.com (hereafter referred to as "Local Orbit") in both its domains and sub-domains, you agree to the terms and conditions provided in this User Agreement and Local Orbit's Privacy Policies. In addition, when using Local Orbit services you agree to adhere to any posted guidelines which may be updated periodically. If you have any questions, please contact us.

Prior to becoming a member of Local Orbit, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy.

These agreements are effective as of June 22, 2009.

Seller Commitment

Sellers attest that their practices conform to the criteria set forth in Local Orbit Standards.

Conduct

Whenever using Local Orbit, you will not:

• use our services if you are under the age of 18, not able to form legally binding contracts, or are suspended from Local Orbit;
• post items or content in an improper category or area on Local Orbit;
• fail to deliver product purchased from you on the date specified, unless an alternate agreement has been reached and documented in writing with the buyer;
• fail to deliver payment for items purchased by you, unless the seller has agreed in writing to a price alteration, or a clear typographical mistake has been made;
• evade or manipulate our payment structure, the billing process, or fees owed to Local Orbit;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• compromise, transfer, or share your Local Orbit account (including feedback), Login or password to another party without our consent;
• violate any laws, third party rights, or our policies;
• interfere with other users' listings;
• take any action that may manipulate or undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of Local Orbit or for using it for purposes unrelated to Local Orbit);
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Local Orbit, or the interests or property of Local Orbit users;
• copy, modify, or distribute content from Local Orbit and Local Orbit's copyrights; or
• gather information about users without their consent.

Local Orbit and its members work together to keep Local Orbit and the Local Orbit user community safe. Please report problems, offensive content, and policy violations to us.

If we believe a user is not complying with the terms and conditions in this User Agreement, poses a legal liability, creates problems, or acts inconsistently with the letter or spirit of our policies, we reserve the right to terminate or suspend service, prohibit Local Orbit access, remove postings, and take technical and legal steps to prohibit access.

Prohibited and Restricted Items - Overview

Before you list your item, you need to find out if your item is allowed on Local Orbit and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As a Local Orbit seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.

Violations of these policies may result in a range of actions, including:

• Listing cancellation
• Limits on account privileges
• Account suspension

When policy violations occur, Local Orbit emails the seller and/or buyer that a listing has been ended. You may contact Local Orbit to report violations by using "Contact Us" links found on most policy pages.

It is the responsibility of both seller and buyer to be aware of and compliant with these laws.

Understanding the rules about prohibited and restricted items

Policies about listing items are often based on country and state laws. These laws may also vary depending on product type, distribution methods, the end buyer, and the amount sold. This includes any state laws regarding certification, grading, sorting, labeling, or marketing.

When selling across borders, be aware of trading and import restrictions. Certain items may be legal in your country or state, but may be illegal to sell outside border lines.

Rules for Listings

To promote a safe, fair, and enjoyable trading experience, Local Orbit has established a set of rules and policies for item listings. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative buyer experience.

Learning about Local Orbit listing policies before you list an item will help you to avoid unintentionally breaking rules.

Violations of these policies may result in a range of actions, including:

• Listing cancellation
• Limits on account privileges
• Account suspension
• Loss of Local Orbit rating status

When policy violations occur, Local Orbit sends an email to the seller, as well as bidders, to let them know of actions being taken.

Any policy violations can be reported to Local Orbit using the Contact Us page.

Listings must not misrepresent items

Sellers need to make sure that their listings accurately represent the item being sold. When sellers use unfair methods to divert buyers to their listing, it is called search and browse manipulation.

Except as noted in the specific policy as exceptions, sellers cannot:

• Incorrectly identify or omit the Product Origin
• List items in inappropriate categories
• Include brand names or other inappropriate keywords in a title or description
• Have misleading titles that do not accurately describe the item for sale
• List items, but then describe a different item in the description

Product Origin

All products listed on Local Orbit must identify their point of origin.

Misrepresentation or omission of the Product Origin is called false labeling.

Products must meet the assurances provided in Local Orbit’s Statement of Standards. [link to this]

Listings cannot use techniques to avoid or circumvent Local Orbit fees.

Except as noted in the specific policy as exceptions, sellers cannot:

• Offer a catalog from which buyers may directly order
• Allow buyers a choice of significantly different items
• Include separate, hidden payment surcharges
• Offer the opportunity through Local Orbit to purchase the item or other merchandise outside of Local Orbit
• Use their Profile Page to promote outside-of-Local Orbit sales or prohibited items

Listings must promote a fair and level playing field, and provide an enjoyable and safe experience for buyers.

Except as noted in the specific policy as exceptions, sellers cannot:

• Include links that go outside of the Local Orbit site, with the exception of links to further descriptions, photos, and their business website.
• Promote giveaways, random drawings, raffles, prizes, or bonuses.
• Create a listing that does not offer an item or service.
• Solicit support for a cause or campaign.
• Advertise a desire to buy or trade items, except as allowed in site tools or features created specifically for this purpose.
• Include third party endorsements.
• Include third party credits.
• Create test listings.
• Use profanity in a listing.

Listings appearing on the Local Orbit homepage must also conform to the limitations specified in the policy.

Proprietary Rights

Local Orbit is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Local Orbit is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Local Orbit or the collective work, and/or copying or reproducing content displayed on or through Local Orbit to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Local Orbit. You further agree not to reproduce, duplicate or copy such content without the express written consent of Local Orbit, and agree to abide by any and all copyright notices displayed on Local Orbit. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Local Orbit service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Local Orbit service. When you give Local Orbit content, you grant Local Orbit a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

Fees and Services

The fees for joining Local Orbit, as well as the fees for using certain Local Orbit services, are set forth on our Membership Page.

Disclaimer of Warranties

You agree that use of Local Orbit and the services offered by Local Orbit are entirely at your own risk. Local Orbit and services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Local Orbit disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of Local Orbit services. To the fullest extent permitted by law, Local Orbit disclaims any warranties for other services accessed through any links on Local Orbit. To the fullest extent permitted by law, Local Orbit disclaims any warranties for viruses or other harmful components in connection with Local Orbit services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Liability

You will not hold Local Orbit responsible for other users' actions or inactions. You acknowledge that Local Orbit is not a broker. Local Orbit is a service to allow anyone to offer, sell, and buy locally at any time. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, the timeliness of deliveries, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller

Further, we cannot guarantee continuous or secure access to our services, and operation of Local Orbit may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Local Orbit. 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 paragraph, if we are found to be liable, our liability to the user or to any third party is limited to $100.

Local Orbit may contain hyperlinks or "links" to and from other web sites. These web sites may have user agreements that differ from our User Agreement so please review the terms of any other web sites that you visit. Our User Agreement applies solely to our web site. These links do not imply any affiliation between Local Orbit and the owners of other web sites, or any endorsement, approval or verification of any content contained on other web sites.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you are responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers or us responsible for inaccuracies in catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your Local Orbit listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, affiliates, successors, service providers, joint ventures and employees), 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 Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Resolution of Disputes

In the unlikely event a dispute arises between you and Local Orbit, our goal is to provide you with a neutral and cost effective means to resolve the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If, however, either you or Local Orbit choose to resolve the dispute through litigation, then any legal proceedings concerning this Agreement shall be brought in the U.S. District Court for the Michigan Eastern District, Sixth Circuit, in Ann Arbor, Michigan, and you hereby consent to the personal jurisdiction of those Courts and waive any defenses that you may otherwise have relating to such jurisdiction.

Governing Law

This Agreement shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions.

General

We reserve the right to amend this Agreement at any time. Amended terms will be posted on Local Orbit. Amendments shall automatically be effective 30 days after they are initially posted on Local Orbit. Use of Local Orbit assumes agreement with posted amendments. Notification of any amendments will be given to Local Orbit's users.