Terms of Service

Welcome to The Local Flea, the easiest way to buy pre-loved items!

This The Local Flea Terms of Service (this "TOS") governs your use of our The Local Flea websites, applications, products and services, and your purchase thereon (the "Services"). By using and accessing the Service, you agree to be bound by and comply with this TOS.

For purposes of this TOS "you" shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.

If you purchase any items (each an "item") using the Service:

  • You agree to pay the amount listed and any other disclosed amounts, such as taxes, duties, costs and expenses.
  • You agree that The Local Flea can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.

To ensure your buying experience is exceptional, The Local Flea offers a Return Policy. Except for the Return Policy, all fees and charges are nonrefundable.

We use several methods to determine the resale price of an item. However, we are not experts and thus we strongly recommend that you do your own research to determine the value of an item.

While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.

 

Account Set Up and Data

You consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy.

You are responsible for the safekeeping of your password and account and are responsible for all activities, sales and purchases that occur under your password or account.

 

Your Content on the Service

Our Service includes information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Service (including through any third party service integrations you enable through the Service), and for the consequences of your actions (including any loss or damage which The Local Flea may suffer). The Local Flea does not claim ownership of such Content.

 

Feedback

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to The Local Flea, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of The Local Flea without any obligation of The Local Flea to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) The Local Flea may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) The Local Flea may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from The Local Flea.

 

Please Don't Abuse Others or Our Service

You agree to not:

  • circumvent or manipulate our fee structure, the billing process, or fees owed to The Local Flea;
  • engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
  • abuse or harass another using the Service;
  • interfere with or disrupt the Service or servers or networks connected to the Service; or
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • access the Service (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers);
  • override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service; or
  • transmit or make available any harmful material.

You agree to not upload, post, or transmit or make available any Content that:

  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any buyer, seller, listing, item or Content from the Service.

 

Proprietary Rights

All right, title and interest to the Service (which includes any The Local Flea content or materials made available via the Service, the Service's look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of The Local Flea, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.

You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.

Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you, The Local Flea grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software provided, for the sole purpose of enabling you to use the Service in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service.

 

Third Party Charges

You are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third party.

 

Indemnity

You agree to indemnify and hold The Local Flea and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the item, your Content, your use of the Service, your violation of this TOS, your violation of any applicable law, rule or regulation, or your violation of any rights of another.

 

Modifications to Service

The Local Flea reserves the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service at any time, but such changes will not affect Commission or payment structure for any listing that has not expired.

Except as above, you are responsible for regularly reviewing any updates to this TOS at http://thelocalflea.com/pages/terms-of-service. Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by The Local Flea. The Local Flea may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice.

 

Notices

We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.

 

Termination

You agree that The Local Flea may terminate your The Local Flea account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS and documents incorporated by reference, or any other agreement you have entered into with The Local Flea, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. The Local Flea may delete your Content, deletion of your password and all related information, and files and content associated with your account. You agree that The Local Flea shall not be liable to you or any third party for any termination of your account or access to the Service.

DISCLAIMER OF WARRANTIES

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Local Flea and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

Limitation of Liability

You expressly understand and agree that The Local Flea and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Local Flea has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) conduct of any third party on the Service; or (D) any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.

Monetary Limit

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 Refund Policy, (b) the fair market value or listing price of the item, or (c) $100.

Arbitration

All disputes under this TOS that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days' written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.

General

Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. You may not assign its rights and obligations under this TOS. This TOS inures to the benefit of and shall be binding on any permitted assignees. All notices must be in writing and sent by registered mail, recognized carrier, or confirmed fax transmission, and deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. This TOS constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of California. The parties agree that the federal and state courts in San Francisco County, California will have exclusive jurisdiction and venue under this TOS.

IP Policy and Notice Procedure

The Local Flea respects the intellectual property of others, and we ask our users to do the same. The Local Flea may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Local Flea’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Local Flea's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email to support@thelocalflea.com

By mail to:
Copyright Agent
Remoov, Inc.
160 Sylvester Rd
South San Francisco, CA 94080