Buyer Assurance and Dispute Resolution Policy
1.1 “Listing Bird” means Listing Bird, Inc, a Delaware corporation.
1.2 “Listing Bird Services” means the technology and services provided by Listing Bird, whereby Listing Bird configures, operates, hosts and manages a private website at http://www.listingbird.com (the “Site”) and related channels (email, chat etc) allowing Buyers to purchase Inventory.
1.3 “Buyer” means an end user of the Listing Bird Services who bids upon or purchases Inventory offered for sale through the Listing Bird Services.
1.4 “Inventory” means tangible goods made available through the Listing Bird Services
1.5 “Seller” means an end user of the Listing Bird Services who makes available Inventory through the Listing Birds Services for purchase by Buyers.
1.6 “Transaction” means the purchase of Inventory through the Listing Bird Services.
2. Acknowledgement; Release.
You acknowledge and agree that Listing Bird offers a platform whereby Listing Bird operates as an intermediary and simply facilitates the purchase and sale of Inventory between Buyers and Sellers. If you have a dispute with a Buyer or Seller, you release Listing Bird (and its affiliates and subsidiaries, and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering 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.
3. Listing Bird Buyer Protection.
3.1 In situations identified below where your purchased Inventory is delivered in a condition not as described or incomplete, the Listing Bird Buyer Protection service, provides you the assurance that your purchase will be protected from misrepresentations, listing errors and fraud.
3.2 Covered Situations. In the event of a dispute between a Buyer and Seller, the Listing Bird Buyer Protection service will apply in the following situations: (a) Seller fails to deliver the Inventory purchased by Buyer; (b) Buyer receives the Inventory, but the quantity of the Inventory is incorrect; (c) Inventory was delivered to Buyer with undisclosed damage or misrepresented condition; (d) Seller incorrectly described or materially misrepresented the Inventory type/model; and (e) Seller did not ship the goods within two weeks of pre-agreed shipping date.
3.3 Eligibility & Coverage Limits. Maximum reimbursement under the Buyer Protection service is limited to the amount of the purchase price, not to exceed $5,000.00 (including any applicable shipping charges). In situations where your dispute qualifies for coverage and the Seller fails to offer an acceptable resolution, the Buyer Protection third-party claim administrator will determine the amount of coverage to settle the dispute based on the situation and applicable devaluation. The necessary funds to fulfill the determined financial adjustment will be sourced from the Seller’s sale proceeds held by Listing Bird when possible. In the event those funds have already been released.
3.5 Exclusions. Not all disputes qualify for Buyer Protection reimbursement. The following situations are not covered or will result in a Buyer Protection dispute being denied reimbursement:
Any disclosures made by the Seller are not covered.
Failure to accept delivery and/or refusal to take possession of the Inventory will void coverage.
The Inventory was damaged in shipping.
Repairs or alterations made to the disputed Inventory without the consent of Listing Bird
Punitive damages, lost profits, loss of work, travel expenses, restocking fees, or any other fees or expenses not expressly identified in this Section 3 (“Listing Bird Buyer Protection”).
Declining a settlement offer from the Seller that is deemed an acceptable resolution to the dispute by the third-party claim administrator.
You reside, or are located, outside the United States at the time of the completed transaction.
You have previously filed a Buyer Protection dispute on the same transaction.
3.6 Initiating a Buyer Protection Claim. To start the Buyer Protection claim process, you must contact Listing Bird customer support at email@example.com. Your Buyer Protection dispute must be filed no later than 45 days from the auction purchase date, and within 2 days of the Inventory delivery date. You have 90 days to file a Buyer Protection dispute in the event you have purchased stolen Inventory.
4. Agreement to Arbitrate.
In the event your dispute is not covered by the Buyer Protection Plan provisions of Section 3, above, or you dispute the resolution reached through the Buyer Protection Plan process, you agree that all such disputes or claims that have arisen, or may arise, between you and a Buyer, Seller, or Listing Bird (as applicable), arising out of or relating to a Transaction, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitration.
4.2 The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
4.3 A party who intends to seek arbitration must first send a written notice of the dispute (“Notice”) to all other parties by certified U.S. Mail or by Federal Express (signature required) or, only if any other party has not provided a postal address, then by electronic mail, with a copy to Listing Bird at firstname.lastname@example.org. The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. The parties shall thereafter make good faith efforts to resolve the dispute directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, any party may commence an arbitration proceeding. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you may send a copy to Listing Bird at email@example.com. Any settlement offer made by a party, if any, shall not be disclosed to the arbitrator.
4.4 The arbitration hearing shall be held in the county in which the initiating party resides or at another mutually agreed location. If the value of the relief sought is $1,000 or less, any party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties 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 may attend by telephone, unless the arbitrator requires otherwise.
4.5 The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different parties. 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.
4.6 Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
4.7 If an arbitrator or court decides that any part of this ADR Policy is invalid or unenforceable, the other parts of this ADR Policy shall still apply.
5. Future Amendments to the ADR Policy.
Listing Bird may amend this ADR Policy in its sole discretion; however, you and Listing Bird agree that if Listing Bird makes any amendment to this ADR Policy (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the ADR Policy that have arisen or may arise between Buyers and Sellers. Listing Bird will notify you of amendments to this ADR Policy by posting the amended terms on www.listingbird.com at least thirty (30) days before the effective date of the amendments and by providing notice your registered email account. If you do not agree to these amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
You will indemnify and hold Listing Bird (including Listing Bird’s affiliates and subsidiaries, as well as their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this ADR Policy, your improper use of the Listing Bird Services or your breach of any law or the rights of a third party.
This document was last updated on February 5, 2021.