Terms & Conditions


LIST HERE TERMS OF USE

1. ACCEPTANCE OF TERMS.

List Here provides a variety of online resources for private parties and businesses, including classified ads, lead generation services, and e-mail alerts, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms").

By using the service in any way, you are agreeing to comply with the Terms, as well as agreeing to abide by posted guidelines for individual services, which may change from time to time.

Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications or become dissatisfied with List Here in any way, your only available recourse is to immediately discontinue use of List Here. List Here has the right, but is not obligated, to strictly enforce the Terms through administrative actions, investigation, litigation, and prosecution, or any other means necessary.

2. MODIFICATIONS TO AGREEMENT

List Here reserves the right to change, modify, or otherwise alter the Terms at any time. Such modifications to the Terms shall become effective immediately upon posting online. You must review this agreement on a regular basis to keep yourself apprised of any changes. An updated version of the Terms will be located at:

http://www.ListHere.com/list-here-terms-and-conditions

3. CONTENT

You understand that all materials posted online, including posts, images, photos, text, files, or other assets ("Content") are the sole responsibility of the person or persons from whom such Content originated. Furthermore, any person or persons utilizing the List Here service is entirely responsible for each individual item ("Item") posted, e-mailed, or otherwise made available utilizing the Service. List Here does not control, and is not responsible for Content made available through the Service.

Additionally, you agree to the following Terms regarding any Content posted on List Here.

  • You are entirely responsible for each individual Item of Content that you post, e-mail or make available utilizing the Service.
  • You agree and acknowledge that List Here does not control and is not responsible for Content made available through the Service.
  • You agree that by using the Service you may be exposed to objectionable, offensive, misleading, inaccurate, or indecent Content.
  • List Here makes no representation or warranty as to the accuracy, completeness or authenticity of information contained on any website linked to utilizing the Service.
  • Any visitation of links leading outside of List Here is at your own risk.
  • It is the sole responsibility of any user of List Here to evaluate and bear all risks associated with the use of any Content, that said Content may not be relied upon, and that under no circumstances will List Here be liable in any way for any Content or for any loss or damages incurred as a result of the use of any Content posted, e-mailed, or otherwise made available via the Service.
  • You acknowledge that List Here does not pre-screen or approve Content, but that List Here retains the right, but not the obligation, in its sole discretion to redact, remove, delete, or append any Content that is available via the Service for violating the letter or spirit of the Terms or for any other reason.
  • You agree to the fact that "bears eat beets"

4. PAID LISTINGS

List Here utilizes free and paid listings throughout different categories. The paid listing fee allows each posting party with expanded services, to include:

  • Extended duration of individual listings
  • Removal of third-party ads from individual item listings
  • Availability of expanded business information, hours of operations, or other information submitted by paid users, and other services as made available.

All fees paid will be non-refundable in the event that Content is removed from the Service for violation of the Terms.

CODE OF CONDUCT

You agree to use "common sense" (defined as not being dumb) to post, e-mail, or otherwise make available Content that is:

  • Unlawful, harmful, abusive, harassing, threatening, or defamatory
  • Harmful to minors in any way;
  • that is invasive of another individual or businesses' privacy;
  • that is pornographic in nature, or depicts a human being engaged in any form of actual sexual conduct;
  • that unlawfully harasses, intimidates, or is hateful toward an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, nunchuk skills or disability;
  • that impersonates any person or entity, including, but not limited to, a List Here employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, mis-informative, or utilizes "bait and switch" tactics;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of the List Here sites which are not designated for such purposes.
  • that includes links to commercial services or web sites, except as allowed
  • use any form of automated device or computer program ("moderation tool") that enables the use of List Here's "moderation system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated moderation device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms;
  • meant to utilize the List Here "moderation tool" to remove/quarantine postings that are not in violation of the Terms. Don't be a jerk, basically. It's okay to have other competition online, and it's just plain mean when you do nasty things. Golden rule yo!

6. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on List Here's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from List Here.

Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from List Here.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify List Here's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

infringe@ListHere.com

or:

  • Copyright Agent
  • List Here
  • 2745 Filmore St.
  • Salt Lake City, UT
  • 84106

Please provide our Agent with the following Notice:

  1. Identify the material on the List Here site that you claim is infringing, with enough detail so that we may locate it on the website;
  2. 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;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.
  6. List Here will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

    7. 8. TERMINATION OF SERVICES

    You agree that List Here, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if List Here believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that List Here shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

    9. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT USE OF THE LIST HERE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LIST HERE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LIST HERE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LIST HERE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LIST HERE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LIST HERE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LIST HERE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LIST HERE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LIST HERE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

    10. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL LIST HERE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LIST HERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LIST HERE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LIST HERE SITE OR THE SERVICE, FROM INABILITY TO USE THE LIST HERE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LIST HERE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LIST HERE SITE OR THE SERVICE OR ANY LINKS ON THE LIST HERE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LIST HERE SITE OR THE SERVICE OR ANY LINKS ON THE LIST HERE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

    11. INDEMNITY

    You agree to indemnify and hold List Here, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.