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 firstname.lastname@example.org. 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
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.
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.
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 email@example.com will not be processed. You must use our form to process your cancellation.
P. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
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 firstname.lastname@example.org.
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.
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 email@example.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 firstname.lastname@example.org.
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: