List Master

Terms of Use

Thank you for being a customer of List Master. This page states the terms and conditions under which you may use the web site. Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. List Master may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept any of the terms stated here then do not use the web site. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service
List Master is a list management application (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. List Master disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. List Master also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Renewal
Accounts do not automatically renew. You will be prompted starting at 30 days from expiration to renew your account. You can renew your account at any time, before or after expiration. If you renew before expiration, your account membership will be extended one year from the expiration date. If your account expires, your data will be maintained for at least 30 days.

Disclaimer of Damages
Use of our web site is at all times "at your own risk." If you are dissatisfied with any of the materials, other contents of the web site, any of these terms and conditions, the web site's privacy policy, or any other policies, your only remedy is to discontinue use of our web site. In no event shall the web site, or its suppliers, be liable to any user or third party, for any damages whatsoever resulting from the use or inability to use the web site or the material on that site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the web site is advised of the possibility of such damages. The definition of damages under this provision include, but are not limited to, indirect or consequential damages, any loss or damage arising from loss of data, and any lost profits arising out of or in connection with the use of this website.

Proper Use
You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by List Master; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. List Master reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Data limits
You may store a reasonable amount of data on the Service. List Master reserves the right to limit your usage, and will notify you if you are in excess of what is considered to be reasonable. List Master is not a mass storage facility.

Intellectual Property Rights
You agree that List Master and its licensors own all right, title and interest in and to the Service (except user content and the content of communications appearing on the Service), including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, distribute, alter, modify, license, or create derivative works from the Service without expressed written consent from List Master, or without using specific software interfaces provided by List Master for their intended purposes. You also agree that you will not use any automated device, robot or spider, or manual process to monitor or copy any content from the Service. List Master's intellectual property rights include the Service developed and provided by List Master, as well as all software associated with the Service. List Master's rights do not include third-party content used as part of Service, your content, or any other user's content or content of communications appearing on the Service.
List Master does not claim any ownership for any of the content, including any text, data, images, photographs, video, music, sound, or any other material, that you upload, receive, send, or store in your List Master account. List Master retains the right to manipulate or duplicate your content as necessary to provide you and other users with the Service. List Master will not use any of your content for any purpose except to provide you and other users with the Service.

Warranty Policy
List Master and material therein are provided without warranties of any kind, whether express or implied. The web site, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The web site makes no warranties about the accuracy or reliability of the material, services, text, graphics, and/or links. The web site does not warrant that the web site will operate error-free or that this web site or its server are free of computer viruses or other harmful items. If your use of our web site or the material on this site results in the need for servicing or replacing equipment or data, the web site is not responsible for those costs.

Cancellation
You may cancel your use of the Service at any time. If you would like your account and data deleted from the system, provide timely notice to List Master at info@onlinelistmaster.com. List Master may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, List Master will notify you via the email address you provided at registration of any such termination, which shall be effective immediately upon List Master's delivery of such notice.

Indemnity
By using this site you agree to defend, indemnify, and hold harmless the web site, its officers, directors, employees and agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this agreement. The web site shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and List Master. Any changes to this agreement must be made in writing and signed by an authorized representative of the web site.

Jursidiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in California, and you consent to the jurisdiction of such courts.