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 Terms & Conditions

Terms and Conditions

Agreement between user and www.on-the-list.com

Welcome to www.on-the-list.com. The www.on-the-list.com website (the "Site") is comprised of various web pages, tools and services operated by On the List ("OtL"). OtL’s website ‘www.on-the-list.com’ is offered to you (“User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). By accessing this Site or using any part of the Site or any content or services hereof, you agree to become bound by these terms and conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to all the terms and conditions, then you may not access and are prohibited from this Site and from the use of content or any services in the Site. Please read these terms carefully, and keep a copy of them for your reference. 

Modifications of Terms and Conditions

OtL reserves the right, in its sole discretion, to make amendments to this Agreement and changes can be made and effected by us from time to time without specific notice to your end.  The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.  By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.  By agreeing to these Terms and Conditions, you are entering into a legal contract between you and the Site.   

OtL reserves the right, in its sole discretion, to change the Terms under which www.on-the-list.com is offered. Amendments to this Agreement can be made and effected by us from time to time without specific notice to your end.  The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.  The most current version of the Terms will supersede all previous versions and by using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.  By agreeing to these Terms and Conditions, you are entering into a legal contract between you and the Site.   OtL encourages you to periodically review the Terms to stay informed of our updates. The Terms and Conditions set forth in this document were last updated April 17, 2014.

Purpose

OtL’s website ‘www.on-the-list.com’ is an E-commerce Site that provides services for classified advertising and User communication.

Electronic Communications

Visiting www.on-the-list.com or sending emails to OtL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OtL is not responsible for third party access to your account that results from theft or misappropriation of your account. OtL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  You must not transmit any worms or viruses or any code of a destructive nature.

OtL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.on-the-list.com only with permission of a parent or guardian.

USE OF THE SITE

OtL provides services for classified advertising and User communication. The User agrees to be solely responsible for the contents of the User's advertisements and communication through this service.  The User is to abide by and demonstrate compliance with all laws, ordinances and regulations applicable to the User’s posting.  However, the User is prohibited to do the following acts, to wit: (a) use our Sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Sites, services, or tools (b) posting of an items in inappropriate category or areas on our Sites and services; (c) collecting information about other users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, libelous or otherwise objectionable content (g) offering animals raised in facilities used for large-scale commercial breeding or animals otherwise raised in an inhumane / cruel / unsanitary / unhealthy / overcrowded environment , (h) shipment of any animal for any reason (i) offering goods, services or content that are prohibited by OtL.  The User also agrees to:  (a) not post illegal content or content that facilitates the creation, distribution or receiving of material that is unlawful  and not to use terms that directly mean or imply illegal services/activities (b) not post or transmit offensive content which includes but is not limited to harassment, defamation, pornographic material, material that is racially or ethnically inappropriate, content that could be considered obscene, profane or vulgar, (c) not post malicious content (d) not infringe upon trademarks or copyrights (examples of infringement could include replicas, counterfeits, unauthorized duplication) (e) not disclose information that infringes on another’s privacy.  User agrees to not post duplicate (or substantively the same) classified ads regardless of if a classified ad is a free posting or a paid posting.  If a post is deemed in violation of these Terms of Use, we reserve the right to edit or delete the post.  The User further agrees to not send messages (including and not limited to irrelevant or inappropriate content) indiscriminately to other Users of the Site.  The User agrees that OtL shall not be liable to User or any third-party for any modification or discontinuation of this service. 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.on-the-list.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OtL that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OtL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OtL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OtL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OtL or our licensors except as expressly authorized by these Terms.

Materials provided to www.on-the-list.com or posted on any OtL web page

OtL does not claim ownership of the materials you provide to www.on-the-list.com (including feedback and suggestions) or post, upload, input or submit to any OtL Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OtL, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. OtL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OtL's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

All Users are encouraged to use the messaging system within the Site for communication.  OtL does not permit its members to send Unsolicited commercial messages.  OtL uses content filtering technologies to scan posts, feedback and outgoing messages to help ensure that the content submitted meets the standards set forth by OtL.  Attempts to circumvent this policy may be blocked and continued attempts (successful or not) would be deemed a violation of this agreement and could lead to the termination of the User’s membership to the Site.  Outside of limited Content Filtering, a vast majority of communication on this site is not monitored or regulated by OtL. 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 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 or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service 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 Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

OtL has no obligation to monitor the Communication Services. However, OtL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OtL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

OtL 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 OtL's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OtL does not control or endorse the content, messages or information found in any Communication Service and, therefore, OtL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OtL spokespersons, and their views do not necessarily reflect those of OtL.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Indemnification

You agree to indemnify, defend and hold harmless OtL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OtL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OtL in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR MAY CONTAIN TECHNICAL, TYPOGRAPHICAL OR PHOTOGRAPHICAL ERRORS.  OTL DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ON THE LIST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  OTL DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS. 

ON THE LIST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ON THE LIST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ON THE LIST 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ON THE LIST 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 THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

OTL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT OR COMMUNICATION.  THE USER ASSUMES ALL RESPONSIBILITY (LIABILITY AND/OR RISK) THAT ARE ASSOCIATED WITH USE OF THIS SITE AND ITS CONTENT.  THE USER FURTHER UNDERSTANDS THAT OTL DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ADS, INFORMATION, COMMUNICATION BETWEEN USERS (INCLUDING WITHOUT LIMITATION THE SITE’S MESSAGE SYSTEM, E-MAILS OUTSIDE OF THE SITE’S MESSAGE SYSTEM OR ANY OTHER MEANS OF COMMUNICATION) OR ANY OTHER MATERIAL/CONTENT THAT IS MADE AVAILABLE THROUGH THIS SITE.  THE USER ACKNOWLEDGES AND AGREES THAT THEY ARE SOLEY RESPONSIBLE FOR CONTENT THEY POST AS WELL AS EVALUATING CONTENT MADE AVAILABLE THROUGH THIS SITE. 

Termination/access restriction

OtL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

We may terminate your membership for any reason at any time and without prior notice.  Generally speaking, termination of a User account would be due to violations to the terms set forth in this agreement or if the User has infringed on the rights of other OtL users.  If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. OtL may immediately delete any ads associated with the User's account upon account termination.  Even after your membership is terminated, certain sections of this Agreement will remain in effect.   If the User’s violation of the terms set forth in this agreement is deemed imminently and irreversibly harmful to OtL, the Site may seek preliminary and/or permanent injunctive relief.  In addition to the costs associated with such relief, the User agrees to also recompense OtL for any and all actual damage caused by the User’s violation.  Actual damages could include but are not limited to consequential or punitive/incidental damages (including, without limitation, damages for loss of profit, or due to business interruption) or damages caused directly or indirectly.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OtL as a result of this agreement or use of the Site. OtL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OtL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OtL 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OtL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OtL with respect to the Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Third Party Accounts

You will be able to connect your OtL account to third party accounts. By connecting your OtL account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Links to third party sites/Third party services

www.on-the-list.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of OtL and OtL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OtL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OtL of the site or any association with its operators.

Certain services made available via www.on-the-list.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.on-the-list.com domain, you hereby acknowledge and consent that OtL may share such information and data with any third party with whom OtL has a contractual relationship to provide the requested product, service or functionality on behalf of www.on-the-list.com users and customers.

Fees

OtL may charge fees in certain instances for posting content or for other features that are available to the User prior to post creation.  You authorize OtL (or any agents acting on OtL’s behalf) to charge the payment method specified by the User for such fees.  Fees will be presented in United States Dollars and charges made to the User’s payment method will reflect the same.  Fees are nonrefundable, except where required by law, regardless of situation.  Likewise, transactions cannot be cancelled, except where required by law.  In all instances, OtL or any agents acting on OtL’s behalf reserve the right to cancel or refuse any transaction at any time with or without prior notice.  

International Users

The Service is controlled, operated and administered by OtL from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OtL Content accessed through www.on-the-list.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

WAIVER

Failure of the OtL to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

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