TERMS OF SERVICE

TERMS OF SERVICE AGREEMENT BETWEEN USER AND The List, Inc.

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. This Web site contains links to Web sites, Web pages and services some of which are also operated by The List, Inc. or its affiliates (the “The List, Inc. sites”), and your use of each The List, Inc. site is also subject to the Terms of Use and other terms and guidelines, if any, contained within each The List, Inc. site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms of Use or other terms and guidelines contained within any particular The List, Inc. site, then the Terms of Use and other terms and guidelines for such The List, Inc. sites shall control. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and the The List, Inc. sites and abide by them, if you choose to use the sites’ pages or services to which they apply.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, and create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

LINKS TO THIRD PARTY SITES AND PERSONAL INFORMATION

This Web site and the The List, Inc. sites may contain links to Web sites operated by parties other than The List, Inc.. Such links are provided for your convenience only. The List, Inc. does not control such Web sites, and is not responsible for their contents. The List, Inc.’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. The List, Inc. is not responsible for the privacy practices or the content of such Web sites. Please read the privacy policies of those Web sites you link to.

EXPLANATIONS OF COOKIES

The List, Inc. uses a feature called cookies which stores data about the user on the user’s hard drive. Usage of a cookie is in no way linked to any of your personally identifiable information while on our site. Once you close your browser the cookies simply terminate. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant to The List, Inc. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

USE OF ONLINE WEB COMMUNITIES

If this Web site may contain bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, “Communities”), you recognize that any information disclosed in “Communities” becomes public information and is available to all users. Because of the public nature of this information, you should exercise caution when deciding to disclose your personal information. You also agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (such as the rights of privacy and publicity).Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
– Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
– Advertise or offer to sell any goods or services for any commercial purpose.
– Conduct or forward surveys, contests, pyramid schemes or chain letters.
– Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communities.
- The List, Inc. reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.
- The List, Inc. has no obligation to monitor the Communities. However, The List, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or in part, in The List, Inc.’s sole discretion.

You acknowledge that all Communities are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about your or your children in any Community. The List, Inc. does not control or endorse the content, messages or information found in any Community and, therefore, The List, Inc. specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum moderators and hosts are not authorized The List, Inc. spokespersons, and their views do not necessarily reflect those of The List, Inc..

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Web site, you are granting The List, Inc. permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the
communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

SOFTWARE AVAILABLE ON THIS WEB SITE

Software (if any) that is made available to download from this Web site (“Software”) is the copyrighted work of The List, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, The List, Inc. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all HTML code and ActiveX controls contained in this Web site, is owned by The List, Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Any modification, destruction, reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Neither The List nor its parent company shall have any liability whatsoever by reason of error for which they may be responsible in any article or event listing. The List, Inc. and/or its respective suppliers may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The List, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. The List, Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL The List, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF The
List, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

SERVICE CONTACT

Contact This email address is being protected from spam bots, you need Javascript enabled to view it with questions or problems with this Website.

ACCESS RESTRICTION

The List, Inc. reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

MODIFICATION OF THESE TERMS AND CONDITIONS

The List, Inc. reserves the right to change the terms, conditions, and notices under which this Web site is offered.

GENERAL

This agreement is governed by the laws of the State of Maryland, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The List, Inc. as a result of this agreement or use of this Web site. The List, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The List, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by The List, Inc. with respect to such use. If any part of this agreement is determined to be 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. This agreement constitutes the entire agreement between the user and The List, Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The List, Inc. with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

NOTIFICATION OF CHANGES

This policy may be revised over time as new features are added to the web site. We will post those changes prominently so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check this site for information about revisions to our privacy policy.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are: �Copyright 2004, The List, Inc. and/or its suppliers, The List, Inc. 3709 Calvert Place Kensington, MD 20895 U.S.A. All rights reserved. http://www.thelistareyouonit.com/ and other names or products of The List, Inc. and/or services referenced herein are trademarks or registered trademarks of The List, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.