Updated: 1/18/2023

Terms of Service

Welcome to List Perfectly. This service is provided by List Perfectly, Inc. (“List Perfectly”) through our websites (the “Site”): https://www.listperfectly.com and/or https://app.listperfectly.com and/or https://service.listperfectly.com to you (“You” or “User” or “Users”).   In addition, List Perfectly has established an application (the “app”) called Listing Party which provides expanded opportunities for Users to communicate with the List Perfectly community. By using this Site, and the app, the services available at this Site and on the app, and any service, software, application, plug-in, component, functionality, or program created by List Perfectly, including the Listing Party app (together, the “Services”), You are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should You have any questions concerning this Agreement, please message us at help@listperfectly.com.   By visiting this Site and/or by completing the registration process for the Services, You represent and warrant that You have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. List Perfectly is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.

 

A. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage You to check the date of our terms and conditions whenever You visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If You do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should You have any questions regarding the use of our Site, please submit a ticket from our help page.  

 

B. YOUR REGISTRATION OBLIGATIONS

To obtain and use the Services, and to access the app, you will be required to register with List Perfectly by completing a registration form and designating a user ID and password. When registering with List Perfectly, You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).   You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify List Perfectly of any unauthorized use of your User ID or password or any other breach of security. List Perfectly cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

 

C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with List Perfectly, You understand that we may send You communications or data from List Perfectly regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding List Perfectly’s products and services, via electronic mail. We give You the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.  

 

D. USER CONDUCT/ACCEPTABLE USE POLICY

Unauthorized use of the List Perfectly Service, or the resale of said Services without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Services in any format to any third party. In addition, You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of List Perfectly or others.   To the extent that the Services provide Users an opportunity to retrieve and send inventory and order information from User’s marketplace accounts (“User Content”), you hereby represent and warrant that You have all necessary rights in and to all User Content You provide and all information contained therein. By registering to use the Services, You understand and acknowledge that List Perfectly and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such User Content for the sole purpose of providing to You the Services for which You have registered. In the event that You give List Perfectly the right to distribute your User Content, additional terms may apply to List Perfectly’s usage or distribution of this content. You continue to retain all ownership rights in any User Content You provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. List Perfectly does not claim any ownership rights in any User Content.  User Content posted by Users and other non-List Perfectly contributors are generally not reviewed by List Perfectly. List Perfectly shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by Users, and may remove or require Users to remove all User Content that List Perfectly, in its sole discretion, deems to be (a) inconsistent with List Perfectly’s mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, List Perfectly has the right to remove any content if List Perfectly has reason to believe that displaying such content may infringe the rights of a third party or subject List Perfectly to expense or liability. Please notify us by ticket submission from our help page regarding any content that You believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.   List Perfectly reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit List Perfectly’s response to a future complaint. You acknowledge and agree that List Perfectly shall not assume or have any liability for any action or inaction by List Perfectly with respect to any User Content.   Additionally, List Perfectly reserves the right, without limitation, to terminate your access to and use of the Site and Services, without any liability on the part of List Perfectly, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:  

 

1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the List Perfectly Site, computer systems and network, or the Services.

 

2. You may not attempt to interfere with any other person’s use of the Services.

 

3. You may not misrepresent your identity or impersonate any person.

 

4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.

 

5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.

 

6. You may not attempt to charge others to use the Services either directly or indirectly.

 

7. You may not use the Services to participate in pyramid schemes or chain letters.

 

8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.

 

9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.

 

10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.

 

11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.

 

12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.

 

13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.

 

14. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.

 

15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, reproduce, or reverse engineer any information or software used or provided by List Perfectly in connection with the List Perfectly Site or Services, or any component of the Site itself or derivative works with respect thereto.

 

16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of List Perfectly. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.

 

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of List Perfectly. List Perfectly reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit List Perfectly’s response to a future complaint. You acknowledge and agree that List Perfectly shall not assume or have any liability for any action or inaction by List Perfectly with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.  

 

E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES

Except for the licenses granted herein, you have no right, title or interest in or to List Perfectly Services or any of its content. You agree that List Perfectly or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to List Perfectly Services and content, including, without limitation, text, images, and other multimedia data. You agree that You will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by List Perfectly, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.   All contents of List Perfectly’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2019 List Perfectly, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of List Perfectly and/or it suppliers, affiliates, or licensors. All rights reserved.   List Perfectly, Listing Party, and the List Perfectly logo include without limitation, either trademarks, service marks or registered trademarks of List Perfectly, and may not be copied, imitated, or used, in whole or in part, without List Perfectly’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.   List Perfectly may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted You licenses to our intellectual property in these terms and conditions, our providing You with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.  

 

F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

List Perfectly respects copyright law and expects Users to do the same. List Perfectly expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, without liability to List Perfectly, List Perfectly may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.   If You believe that your work has been copied in a way that constitutes copyright infringement, please provide List Perfectly’s agent for Notice of claims of copyright or other intellectual property infringement the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that You claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.   List Perfectly’s agent can be reached by submitting a ticket on our help page.  

 

G. THIRD PARTY CONTENT, SITES AND SERVICES

All transactions using List Perfectly’s Services, including but not limited to Listing Party, are between the transacting parties only. The Services may contain features and functionalities linking You or providing You with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some Content to You as part of the Services. However, List Perfectly is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third-party. Similarly, we are not responsible for any third party content You access with the Services, and You irrevocably waive any claim against us with respect to such sites and third-party content. List Perfectly shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any third-party or other User. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party or other User related to the Services, including the delivery of and payment for goods and services. Should You have any problems resulting from your use of any third party services, or should You suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.  

 

H. PRIVACY

List Perfectly has established a Privacy Policy to explain to Users how their information is collected and used, which You can read on our Site. Your use of the Services signifies acknowledgment of and agreement to the List Perfectly Privacy Policy. You further acknowledge and agree that List Perfectly may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of List Perfectly, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.  

 

I. LIST PERFECTLY MAKES NO WARRANTIES

List Perfectly is in no way liable for loss of customer data. Under no circumstances will List Perfectly be held accountable for any loss of customer data. By becoming a List Perfectly User you, the customer, acknowledge that you forfeit the right to hold List Perfectly accountable for any and all technical errors, including temporary disruption of the Site, loss of user data (customer data).   List Perfectly does not guarantee length of service.   List Perfectly intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, List Perfectly may make changes and improvements to the information provided herein at any time. LIST PERFECTLY PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIST PERFECTLY, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “LIST PERFECTLY PARTY,” AND COLLECTIVELY, THE “LIST PERFECTLY PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LIST PERFECTLY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.  

 

J. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY LIST PERFECTLY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ATTORNEYS FEES INCURRED BY YOU ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF OUR SOFTWARE OR SERVICES, EVEN IF SUCH LIST PERFECTLY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LIST PERFECTLY PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, List Perfectly is found responsible to any List Perfectly User for any reason whatsoever, List Perfectly’s responsibility shall be limited to the amounts actually paid by such user for List Perfectly’s services, and shall not include punitive damages or consequential or resulting damages of any nature.  

 

K. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION

WE MAY CHANGE THE SOFTWARE AND SERVICES OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS H AND I, THE LIST PERFECTLY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS G AND H, LIST PERFECTLY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  

 

L. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, List Perfectly, its affiliates, and their respective officers, directors, employees, shareholders, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by You. List Perfectly reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with List Perfectly in asserting any available defenses.

 

M. TERMINATION OF SERVICE

List Perfectly reserves the right to terminate without notice your password, account or use of List Perfectly Services and delete any data within List Perfectly Service, in our sole discretion, without cause and/or without notice. You may terminate your User account upon notice to List Perfectly at any time. Upon termination by List Perfectly or at your direction, you may request a file of your data, which List Perfectly will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON LIST PERFECTLY’S SYSTEMS MAY NOT BE RETRIEVED, and List Perfectly shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.  

 

N. PAYMENT OF FEES; AUTOMATIC RENEWAL

The fees applicable for List Perfectly Services are available at www.listperfectly.com and as published within the Services. List Perfectly reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address You have most recently provided us).   Unless specifically agreed upon in writing between User and List Perfectly at the commencement of a subscription term, at the conclusion of any service term, whether monthly, yearly, or otherwise, List Perfectly will automatically renew the Services for the same term and will charge the User’s credit card or PayPal account on the first day of the renewal term. If payment is not timely received, User’s account will be frozen and inaccessible until all outstanding payments have been processed by List Perfectly. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, User’s account will be deactivated and all data will no longer be retrievable.  

 

O. REFUND OF CHARGES

        Except as specifically set forth in this section, all List Perfectly Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable, except as provided in this section. This includes accounts that are renewed in accordance with the previous section. Users may cancel their accounts at any time up until 5 days after their account was created OR after up to 100 items have been cross posted (whichever comes first) for a full refund if requested within the List Perfectly platform. On limited occasions, and at the sole discretion of List Perfectly, List Perfectly may allow a refund in an amount to be determined solely by List Perfectly. Users need to be aware that for the most part, and only rarely, will a refund be made available under circumstances different from the 5 day/100 limit described above. Users may also downgrade their accounts at any time after their account was created, the difference in cost will reflect as a credit toward the next month’s subscription. When paying Users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. Other requests for refunds may be processed at the sole discretion of List Perfectly. All cancellations and downgrades are processed automatically. To cancel or downgrade, in your Account please click the link or button that says “Cancel” and follow the instructions. If you have a question while canceling your account, You must give List Perfectly adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 5 days or after more than 100 items have been cross posted (whichever came first). Cancellation requests sent via email to help@listperfectly.com will not be processed. You must use our form to process your cancellation.  

 

P. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts-of-law. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with List Perfectly or relating in any way to your use of the Services resides in the courts of California and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving List Perfectly or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) will not apply in any manner to the interpretation or enforcement of this Agreement and is hereby expressly excluded.  

 

Q. EUROPEAN USERS

By using the List Perfectly Services, Users in the European Union understand and consent to the processing of personal information in the United States.  

 

R. NOTICES TO LIST PERFECTLY

            You may notify us by e-mail at help@listperfectly.com.

 

S. OTHER TERMS

If any part of these terms and conditions are determined to be partially or wholly invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

 

T. MISCELLANEOUS

List Perfectly may change or assign these Terms of Service, in whole or in part, at any time with or without notice to You. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of List Perfectly to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.  

 

U. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

List Perfectly provides services that permit registered Users of the List Perfectly website to store content on the web. List Perfectly does not tolerate infringing material on its equipment or network, and may remove content that appears to infringe any copyright or other intellectual property rights or otherwise violates List Perfectly’s Terms of Service.   If you believe that your copyright in any material has been infringed on a site hosted on List Perfectly’s equipment or through its Services, please send a “DMCA Notice” (described below) to List Perfectly’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 et seq.   Federal law requires your DMCA Notice to include the following information:   Identification of the copyrighted work that you claim has been infringed; Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it; Your address, telephone number, and e-mail address; A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) You are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and Your physical or electronic signature.   List Perfectly’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:   Attn: List Perfectly Agent, List Perfectly, Inc., 428 E Thunderbird Rd #519, Phoenix, AZ 85022   To submit a notice of claims of copyright infringement, please mail us or email us to help@listperfectly.com.   Please note that List Perfectly, in its sole discretion, may terminate the account of any User about whom List Perfectly receives more than one complaint of copyright infringement.   If you have any questions about this policy, please contact List Perfectly at help@listperfectly.com.

 

Additional Terms of Service for Listing Party

 

            The List Perfectly website links to an application for its Listing Party services and offerings. All of the List Perfectly Terms of Service apply to Listing Party’s services and offerings unless specifically excluded from the Additional Terms of Service for Listing Party. 

In addition, the following Additional Terms of Service apply to Listing Party and to all Users of Listing Party:

 

1. In order to access and use the Listing Party app, You must be a registered customer/seller of List Perfectly. You will then be required to create a Listing Party profile. List Perfectly reserves the right, in its sole discretion, to deny access to Listing Party to any person or company. To obtain the best results from participating in Listing Party, when creating your profile, try to make as clear and transparent as possible about who You are and the nature of your business. This will help direct interested users to You and to your Parties, and will help You communicate with others if You are interested in hiring individuals to work with you.

 

2. Users of Listing Party (often known as a “Partier” or “Partiers” or a “User” or “Users”) have the ability to list and announce an unlimited number of events on the app (a “Party” or “Parties”). A Partier wishing to post a Party must submit the request to List Perfectly and Listing Party with a detailed description about the proposed Party. A Partier must obtain approval from List Perfectly/Listing Party before the Party can be posted. List Perfectly and Listing Party can accept or reject a proposed Party in their sole discretion. Any Party posted without permission is subject to being taken down. At the present time all Parties will be conducted as Zoom events. As Listing Party is expanded, other platforms may become available, and unless specifically excluded in the future, all of these Additional Terms of Service will continue to apply regardless of the platforms which are available to host Parties. Parties will have a chat function during Parties allowing Users and Partiers to talk to each other. It is expected that in the future Listing Party will have a separate and distinct chat feature which may allow private chats. Private chats, when available, will be subject to the rules regarding inappropriate conduct stated in these Additional Terms. A Party may be an announcement of new products or services being sold by the Partier; it may be a forum to discuss online selling; or it may be a search for selling partners. There is an unlimited number of subjects which may become Parties. All Parties will have a List Perfectly moderator assigned to each Party.

 

3. Listing Party is meant to be a way for List Perfectly sellers to connect with each other. It is meant to be a service to List Perfectly’s customers and sellers and is intended to be an enjoyable and informative experience. Accordingly, all communications on the app should be professional and courteous. No offensive or inappropriate language, actions, or gestures or demands will be tolerated. The moderator of all Parties will have the right, in his or her sole discretion, to terminate a Party or deny continued access to any person or company violating these rules.

 

4. Users are not allowed to discuss, mention or reference other companies or services which compete with List Perfectly.

 

5. Discussions that are religious or political in nature are not allowed on Listing Party. Racist, sexist, bullying, foul or otherwise inappropriate language, or uploaded images are not allowed and will result in the temporary or permanent denial of access. You agree that List Perfectly and Listing Party and their owners, employees, agents, and representatives, including monitors will not have any liability from or responsibility for any denial of access.

 

6. As just noted, one of the features of Listing Party will be the ability to solicit potential employees. In addition, no matter what agreements are reached between Users on the app, whether related to employment or anything else, List Perfectly and Listing Party will not be a party or participant of any agreement entered into between users. You agree that under no circumstances will List Perfectly, Listing Party or their owners, employees, agents, and representatives, including monitors, have any liability from or responsibility for any agreements reached between persons using Listing Party.

 

7. Users will have the ability to review and browse the offerings and Parties posted by Partiers. Users will be able to email each other. Listing Party will not attach moderators to these activities and cannot monitor all communications which take place of the app, but it will regularly monitor these activities to the best of its ability. As noted about, Listing Party will take what it believes to be, in its sole discretion, appropriate action if it detects inappropriate behavior during these communications, including but not limited to denying, temporarily or permanently, access to the app. You agree that List Perfectly and Listing Party and their owners, employees, agents, and representatives, including monitors will not have any liability from or responsibility for any denial of access.