Terms and Conditions
Version: July 7, 2015
Welcome to LogicLane™! By registering to use, accessing or using our website (the “Site”), any mobile applications and any LogicLane services (collectively, the “Services”), you acknowledge that you are contracting with LogicLane LLC (“LogicLane,” “we,” “us,” or “our”) and agree to be bound by this LogicLane User Agreement (the “User Agreement” or the “Agreement”).
Please be advised: Section 7 of this Agreement contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt-out. Unless you opt out as provided in Section 7 of this Agreement: (1) you will only be permitted to pursue claims against LogicLane on a single party 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 a single party basis.
1. Using LogicLane
LogicLane provides a 24/7, opportunistic, wholesale food marketplace that expedites complete transactions and charitable donations of perishable foods, beverages, and other goods (“Products” or, if singular, a Product”) through technology and a dedicated customer service team. As a marketplace, LogicLane does not own the Products on the Site nor does it set prices for Products.
If you are a vendor or seller of food products, LogicLane offers you significant value through an accelerated sales process that provides a faster turn of product, thereby increasing turns and margins. Through the LogicLane guaranteed payment program and logistics offerings, we complete the transaction for you.
If you are a purchaser of food products, LogicLane offers you depth of brands and products at opportunistic prices that will enable you to increase product lines, compare costs across regions, and, most importantly, increase margins. LogicLane terms for payments and logistical options available to you streamline your purchase process allowing you to focus on the business of the day.
To participate on the Site, you must:
Fees and Charges
LogicLane may charge service, shipping, delivery, fulfillment or other fees for using our Services (collectively referred to as “Fees”), including, but not limited to, fees and charges that LogicLane may incur based upon misrepresentations related to a Product or delivery details. LogicLane reserves the right, in its sole discretion, to change Fees at any time as it deems appropriate, including after you list your Product. In addition, LogicLane may collect fees owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. LogicLane, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information LogicLane reported to a credit bureau, contact LogicLane at firstname.lastname@example.org. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
Product Listing and Commitment to Supply
The pricing (or charitable donation value) of Products is the sole responsibility of, and at the sole discretion of, any party offering Products for sale or donation and must be done in accordance with all applicable laws. Please refer to the LogicLane Sales and Donations Policy for other requirements when listing Products.
By listing a Product or Products for sale, you are making a binding offer to sell that Product or those Products to any eligible buyer that purchases the Product or Products for the price you have specified or negotiated. You are representing that you are legally permitted to offer to sell or donate the Product or Products to the selected categories or locations of buyers or charities on LogicLane. When a buyer accepts your offer by purchasing your Product or Products through our Site or Services, you are contractually bound to deliver that exact Product or Products for the specified price and within the specified delivery time agreed upon between you and the buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may a seller cancel an order at one price and repost the same Product or Products for a higher price. Failure to fulfill your orders will lead to charges and, potentially, termination of your access to LogicLane, as stated in the LogicLane Sales and Donations Policy.
By listing a Product or Products for donation, you are making a binding offer to donate that Product or those Products to any eligible charity that you have selected as a candidate to receive the Product or Products. When a charity accepts your offer to donate a Product or Products through our Site or Services, you are contractually bound to deliver that exact Product or Products based upon the delivery selection agreed upon between you and the charity. Failure to fulfill a donation may lead to charges and, potentially, termination of your access to LogicLane, as stated in the LogicLane Sales and Donations Policy.
Product Purchase and Donation Acceptance
When placing an order for a Product or Products or when an offer to purchase a Product or Products is accepted by a seller, you are entering into a binding contract with the seller to purchase the Product or Products; however, when you make an offer and the offer has not yet been accepted by a seller, you may cancel the offer. Payment is remitted to LogicLane and will be disbursed to the seller and delivery service, if applicable, according to our LogicLane Sales and Donations Policy, which may change from time to time, as detailed in our LogicLane Sales and Donations Policy. All sales are final. You cannot change or cancel any orders after the sale on the Site is complete; however, orders may be cancelled and payments refunded to the proposed purchaser for non-performance or delay, if requested, by the seller in the event of fulfillment difficulties based upon due to acts or occurrences beyond the control of the nonperforming or delayed seller including, but not limited to, acts of God, acts of government, terrorism, wars, riots, strikes or other labor disputes, fires and floods, provided the nonperforming or delayed seller provides written notice to LogicLane at email@example.com of the existence of and the reason for such nonperformance or delay.
Similarly, when accepting a donation of a Product or Products, you are entering into a binding contract with the business making donation to accept the Product or Products and provide a tax-deductible contribution in exchange for the donation. All donations are final. You cannot change or cancel any donations after the transaction on the Site is complete; however, donations may be cancelled and tax-deductible contributions rescinded, if requests, in the event of fulfillment difficulties based upon due to acts or occurrences beyond the control of the nonperforming or delayed business including, but not limited to, acts of God, acts of government, terrorism, wars, riots, strikes or other labor disputes, fires and floods, provided the nonperforming or delayed business provides written notice to LogicLane at firstname.lastname@example.org of the existence of and the reason for such nonperformance or delay.
You are solely responsible for the payment of any applicable taxes resulting from sales or purchases of your Product or Products. You agree to provide LogicLane with your Federal Employer Identification Number or, if you are a Sole Proprietor, your Social Security Number, for LogicLane to provide information to the Internal Revenue Service (“IRS”) related to payments you receive from us and further authorize LogicLane to release that information to the IRS or other competent governmental body.
Site and Services Changes; Availability.
LogicLane reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. LogicLane performs regularly scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
Sales, Purchases, and Donations Outside of the United States of America
Currently, LogicLane only supports transactions and charitable donations between and among business or charitable entities based in the United States of America. Please check back for updates on opportunities for transactions or donations for businesses or charitable entities based outside of the United States of America.
2. Misuse of LogicLane
When using the Site or the Services, you agree that you will not:
In our effort to protect our buyers, sellers, and charities, we will screen Product listings for signs of fraud using LogicLane personnel and contractors, algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us at email@example.com and we may reinstate your account or listing, in our sole discretion.
3. User Content and Ideas
You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”).
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. Unless you have authorized LogicLane to do so during registration or in writing thereafter, LogicLane will not have a right to use your name or image in association with your User Content or any other manner; however, if you have authorized LogicLane to use your name or image during registration or in writing thereafter, LogicLane shall have the right to do so.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify LogicLane for any and all claims resulting from your User Content.
LogicLane has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and LogicLane will not be liable for its use or disclosure.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to LogicLane, whether electronically or orally, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that LogicLane may have something similar to the Ideas under consideration or in development.
4. Protecting Intellectual Property Rights
LogicLane respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people's intellectual property rights, we will terminate your account when appropriate.
5. Violating the Agreement
LogicLane may investigate suspected violations of this Agreement or other improper conduct on the Site and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for any actual or suspected violation of the Agreement (including the LogicLane Sales and Donations Policy) or law, if we cannot verify or authenticate information you provided, or if LogicLane determines that you have abused the LogicLane Guarantee or otherwise failed to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes). These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a Product listing, cancelling a sale, requiring you to send the Product or Products to a buyer or charity within a specified time, withholding a payment to you, or charging the Payment Method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required.
6. Privacy and Communications
You agree to receive calls, including autodialed or pre-recorded messages, at the telephone number (including mobile number) associated with your account. If the number we have is a mobile number, you agree to receive SMS or other text messages at that number or on that mobile devices. Standard rates may apply.
You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
In addition, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by LogicLane, so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
7. Agreement to Arbitrate.
You and LogicLane each agree that any and all disputes or claims that have arisen or may arise between you and LogicLane relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to LogicLane's Site or Services, or any Product or Products sold, purchased or donated through LogicLane's Site or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on a single party (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 Multi-Party Relief
YOU AND LOGICLANE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON A SINGLE PARTY BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LOGICLANE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE SINGLE PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT SINGLE PARTY'S CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LOGICLANE USERS.
Arbitration is less formal 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 a single party basis that a court can award to a single party; and an arbitrator must also follow the terms of this 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 the Prohibition of Class and Representative Actions and Multi-Party Relief subsection of this Agreement, shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1.800.778.7879.
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. A Notice to LogicLane should be sent to LogicLane LLC, Attention: Legal Department, Re: LogicLane Notice of Dispute, 3592 Collins Ferry Road, Suite 250, Morgantown, WV 26505. LogicLane will send any Notice to you to the primary or default physical address we have on file associated with your LogicLane account; it is your responsibility to keep your physical address(es) 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 LogicLane are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or LogicLane may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website 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 LogicLane at the following address: LogicLane LLC, Attention: Legal Department, Re: LogicLane Notice of Arbitration, 3592 Collins Ferry Road, Suite 250, Morgantown, WV 26505. In the event LogicLane initiates an arbitration against you, it will send a copy of the completed form to the primary or default physical address we have on file associated with your LogicLane account. Any settlement offer made by you or LogicLane shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or LogicLane may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LogicLane 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 LogicLane may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of West Virginia, 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 LogicLane users, but is bound by rulings in prior arbitrations involving the same LogicLane 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.
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 $10,000 or less, at your request, LogicLane will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by LogicLane should be submitted by mail to the AAA along with your Demand for Arbitration and LogicLane will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, LogicLane will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LogicLane for all fees associated with the arbitration paid by LogicLane on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Multi-Party Relief subsection of this Section 7 of this Agreement, 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. If an arbitrator or court decides that any of the provisions in the Prohibition of Class and Representative Actions and Multi-Party Relief subsection of this Section 7 of this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of Section 7 of this Agreement, will continue to apply.
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 signed, delivered via mail and postmarked no later than 30 days after the date you accept the User Agreement for the first time. Any mail regarding the Opt Out Notice must be sent to: LogicLane LLC, Attention: Legal Department, 3592 Collins Ferry Road, Suite 250, Morgantown, WV 26505. The Opt-Out Notice must include the name of your business or charity, the name of the contact for the business or charity electing to Opt Out, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the LogicLane 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 the User Agreement, including all other provisions of Section 7 of this Agreement will continue to apply. Electing to Opt 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 a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and LogicLane prior to the effective date of the change. 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 LogicLane. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.LogicLane.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
8. Applicable Law.
Except as otherwise stated, the Agreement shall be governed by the laws of the State of West Virginia.
9. Disclaimer of Warranties; Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF LOGICLANE'S SITE AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. LOGICLANE MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY PRODUCTS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN OUR LOGICLANE GUARANTEE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOGICLANE (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH PRODUCTS YOU LIST APPEAR ON THE SITE OR SERVICES;
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, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) 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 (B) $100.
10. Release and Covenant Not to Sue.
To the fullest extent permitted by law, you release and covenant not to sue LogicLane and our officers, directors, agents, joint venturers, employees, legal representatives, and suppliers 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 disputes between users. 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.
You agree to indemnify and hold LogicLane and our officers, directors, attorneys, agents, employees, licensors and suppliers (the “LogicLane Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by LogicLane and (if applicable) any LogicLane Indemnitees resulting from or arising out of your breach of this User Agreement, your improper use of LogicLane's Site or Services, and/or your violation of any law or the rights of a third party.
12. General Provisions.
This Agreement, together with all additional policies referenced above, constitutes the entire agreement between you and LogicLane relating to your use of our Site or Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. LogicLane may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of LogicLane, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for LogicLane's permitted successors and assigns. The following Sections survive any termination of this Agreement: Using LogicLane: Fees and Charges; Using LogicLane: Taxation, Misuse of LogicLane, User Content and Ideas, Indemnification, and Disputes with LogicLane.
TO REPORT INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY
If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to LogicLane's Legal Department via email at firstname.lastname@example.org or via mail at LogicLane LLC, Attention: Legal Department, Re: Notice of Claimed Infringement, 3592 Collins Ferry Road, Suite 250, Morgantown, WV 26505. with the following information:
TO CHALLENGE A DMCA TAKEDOWN
DMCA Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to LogicLane's Legal Department via email at email@example.com or via mail at LogicLane LLC, Attention: Legal Department, Re: DCMA Counter-Notice, 3592 Collins Ferry Road, Suite 250, Morgantown, WV 26505 containing the following information:
If a counter-notice is received by LogicLane’s Legal Department, LogicLane may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at LogicLane's sole discretion.
Version: July 7, 2015
In addition, your sales on LogicLane are subject to the following terms of our LogicLane Sales and Donations Policy (“LogicLane Sales and Donations Policy”).
What You Are Permitted to List
Currently, the perishable foods, beverages, and other goods (“Products” or, if singular, a Product”) that you are permitted to list, for sale or donation, on LogicLane include:
Any listed Product or Products, though, must be in your possession or in your supply chain. In addition, you provide required documentation to allow for verification of your authority to sell your selected Product or Products.
You are not permitted to list damaged or otherwise distressed goods.
How You Are Permitted to List
Providing accurate information about each Product that you list is critical to the success of your activities on LogicLane and to LogicLane’s integrity. Therefore, for each Product, you should populate the following fields:
Additional Details on Product Description
For any deviations from the standard Product (e.g. seasonal, package changes, etc.), please clearly detail, in the Product description, these deviations.
If any of the information in your Product listing doesn't accurately reflect the actual Product that you deliver to the buyer or the charity to which you are donating, you may not get paid, you may incur fees for us finding replacement Product for the buyer, or you may be subject to other consequences.
Accurately tell us when you'll be able to ship the Product to buyers or charities. It is acceptable to list a Product that you own but don't have in your possession yet, as long as you're absolutely certain you will have them on the date you give us when listing the Product.
If there is some type of delivery method included in the cost, you should note that in the notes section of the product description. Similarly, if you limit the shipment methods, you should specify that, too, again, in the notes section of the product description.
Manage Your Listings and Sales Closely
If you choose to list your Products on LogicLane and on other sites and you end up selling your Products somewhere else or no longer have them in your possession, delete them from LogicLane immediately.
LogicLane does not guarantee that your Products will sell, be accepted for donation, or that your listing will appear on the site within a certain time after it is posted. LogicLane will not, for any reason, provide compensation for Products that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
Delivery & Shipment
When your Product sells, your sale is not complete until the buyer receives the Product from you. Similarly, when your Product is selected to be received as a donation, your donation is not complete until the charity receives the Product from you.
Completing a sale or a donation means following all of the steps to send the Product you sold or donated, on time and as promised in your listing.
As soon as your Product sells, we'll send you an email with a deadline to complete your sale. The deadline to complete your sale is based on the date you identified as your Shipment Date. To get paid more quickly, complete your sale as soon as possible.
Similarly, if applicable, as soon as your Product is selected for donation, we'll send you an email with a deadline to complete your donation. The deadline to complete your donation is based on the date you identified as your Shipment Date. To get your donation receipt more quickly, complete your donation as soon as possible.
When you deliver a Product late, worried buyers contact us wondering why they haven't received their Product yet. When a buyer gets a Product that doesn't match the information in the listing, we may need to take various remedial actions, including finding a replacement Product, providing refunds, etc. So if any of the information in your listing doesn't exactly match the actual Product you deliver to the buyer or if you don't complete your sale on time, we may cancel your sale, you may not get paid, you may incur additional fees or you may be subject to other consequences. The deadline for completing your sale depends on the Shipment Date and how you will deliver your Product to the buyer.
While the above paragraph focuses primarily on Product sales, please note that we take fulfillment of donations seriously, too and that you may be subject to consequences for not meeting donation commitments, too.
Unless you have restricted the shipment options for a Product, LogicLane show a buyer or entity the delivery methods available for the Product at their check-out. Again, unless you have restricted the shipment options for a Product, you will be required to ship based upon the selection of the buyer or charity (at the cost to the buyer or charity).
Payment and Donation Receipt
Receiving payment (or a donation receipt for donations) for the Product is simple and is based upon the following schedule:
Payment receipt times will vary depending on the payment method chosen by you. We'll also send you an email to let you know that we have begun processing your payment.
If you choose to be paid by check, we'll send your check by First-Class Mail®. When you receive your check depends on where you live and the United States Postal Service.
If you choose to be paid through our merchant services program, operated with our partners, BB&T and TrustCommerce, via ACH or wire transfer, we'll transfer your payment directly to the account that you have on file with LogicLane.
When you donate a Product or Products to charity, LogicLane will email you a receipt from the charity (and in coordination with the charity) for tax purposes.
Unless you have qualify for a special fee incentive, standard LogicLane fees are twelve percent (12%) of the total of the product purchase cost, exclusive of shipping costs.
No fees are charged by LogicLane for donations.
LogicLane does not collect taxes on any transactions.
You are solely responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes resulting from sales or purchases of your Product or Products. You agree to provide LogicLane with your Federal Employer Identification Number or, if you are a Sole Proprietor, your Social Security Number, for LogicLane to provide information to the Internal Revenue Service (“IRS”) related to payments you receive from us and further authorize LogicLane to release that information to the IRS or other competent governmental body.
Reporting a Problem
We know things don't always go as planned - and there's a chance that your Product will sell and you won't be able to deliver as promised. If you can't ship the Product when required based on your Shipment Date, if you need to offer a replacement, or if you can't deliver the Product at all, you need to send an email to firstname.lastname@example.org with the subject line “Report an Issue” immediately.
Here are a few things to keep in mind:
If you become aware of a recall of a Product which you have sold or donated, you are responsible for notifying LogicLane immediately, so that LogicLane can advise the buyer or charity. In the event of a recall, you need to send an email to email@example.com with the subject line “Report a Recall” immediately.
Here are a few things to keep in mind:
Communications With Buyers and Charities
With the exception of LogicLane merchandise or leaflets that we send you to assist with shipment, don't place additional items in the shipment (like your contact info, promotional materials, etc.)
Misuse of Contact Information of LogicLane’s Site and Services
We provide you with the buyer’s or charity’s contact information so you can ship the Product to them. However, don't use this info to contact the buyer or charity for anything other than delivering the Product and do not tell the buyer or charity that you are affiliated with or a representative of LogicLane.
You are not allowed to use the LogicLane's Site or Services to:
What Happens When You Violate the User Agreement and Policies
When you violate LogicLane's policies, you may face penalties, which could include the following (or any combination):
Remember, it's your responsibility to consult the LogicLane User Agreement and incorporated policies (including this LogicLane Sales and Donations Policy) for all of the detail.
We update this information from time to time, so be sure to check back regularly.
We'd like to hear from you. If you have any questions or comments, contact us via email at firstname.lastname@example.org or phone at +1.844.912.1870.