Last Updated: May 29, 2021.
1. LISTedTECH Content
1.3 No Exploitation: You will not exploit LISTedTECH Content for any purpose (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute LISTedTECH Content) without LISTedTECH’s prior written consent in each instance.
1.4 No Ownership: You acknowledge that, as between you and LISTedTECH, LISTedTECH Content is solely owned by LISTedTECH and its licensors and your use of LISTedTECH Content does not transfer to you any right, title or interest in, to or associated with LISTedTECH Content other than the limited, restricted right to use LISTedTECH Content as expressly set out in Section 1.2.
2. Proprietary Rights
2.1 Ownership: LISTedTECH will at all times solely own and retain all rights, title and interest (including all intellectual property rights) throughout the world in, to and associated with the Websites (including LISTedTECH Content) and neither you nor any other person will acquire any right, title or interest in, to or associated with any of the Websites.
2.3 Feedback: If you give to LISTedTECH any feedback (including any review, comments, ideas or suggestions for corrections, enhancements or improvements) regarding the Websites, then LISTedTECH and its successors, assigns and licensees may use the feedback for any and all purposes (including to support, maintain and improve the Websites) without providing any compensation or attribution to you or any other person. LISTedTECH may in its discretion modify your feedback (e.g. for grammar and spelling) prior to use.
3. Use of the Websites
3.4 Client Portal: LISTedTECH may make a Client Portal available only to clients of LISTedTECH and their representatives. To access the Client Portal, you must have valid and subsisting unique identifiers or other factors registered with or provided by the Websites (collectively “Credentials”). Credentials are specific to you, and may not be shared with or transferred to any other person. You will keep Credentials secure and confidential at all times. You will not permit any other person to know or use Credentials. You will immediately notify LISTedTECH if you know or suspect that Credentials have become known to or used by any other person or if you know or suspect of any unauthorized access to the Client Portal. LISTedTECH in its discretion may require you to verify or change Credentials from time to time. LISTedTECH may change, suspend or terminate your access to the Client Portal effective immediately at any time and without any prior notice or liability to you or any other person.
3.5 No Advice: The Websites is for informational and educational purposes only. The Websites are not intended to be a comprehensive or detailed statements concerning the matters addressed, and LISTedTECH Content is not intended to be professional advice or recommendations (including legal, regulatory or other professional advice). Neither the Websites nor your interactions with LISTedTECH will constitute a solicitor-client relationship. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any LISTedTECH Content obtained on or through the Websites.
3.6 Errors, Changes: The Websites are updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning LISTedTECH and its services. The Websites might not be accurate, current or complete, and misprints, errors, inaccuracies, omissions or other errors might not be corrected. LISTedTECH does not warrant that the Websites (including LISTedTECH Content) is accurate or complete. LISTedTECH does not accept any liability for the Websites (including LISTedTECH Content). LISTedTECH reserves the right to (a) correct any error, inaccuracy or omission in LISTedTECH Content at any time without prior notice or liability to you or any other person; and (b) change the Websites at any time without any notice or liability to you or any other.
3.7 Linked Sites: For your convenience, the Websites may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from LISTedTECH, and LISTedTECH does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against LISTedTECH arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
4. User Information
4.1 Accurate Information: You will ensure that all information you provide to LISTedTECH, through the Websites or otherwise, is true, accurate, current and complete. LISTedTECH will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, LISTedTECH or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
4.2 Communications: You authorize LISTedTECH to: (a) accept communications it receives from you by means of the Websites or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to LISTedTECH’s affiliates and services providers; and (c) respond to your communications through the Websites, by email or other means of communication as LISTedTECH considers appropriate. Communications that you send to LISTedTECH are not effective unless and until they are processed by the responsible LISTedTECH representative. LISTedTECH may refuse to process communications that you send to LISTedTECH, or may reverse the processing of any communications that you send to LISTedTECH, at any time in LISTedTECH’s discretion and without any notice or liability to you or any other person, including if LISTedTECH believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
5. Disclaimers, Liability Exclusions/Limitations
5.1 General Disclaimer: You are solely responsible for the selection and use of the Websites to achieve your intended results, and you use the Websites at your own risk. To the fullest extent permitted by applicable law, the Websites are provided “as is”, “as available” and “with all faults”, and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to: accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, truthfulness, quiet enjoyment, uninterrupted service or workmanlike effort; all of which are hereby waived by you and disclaimed by LISTedTECH to the fullest extent permitted by applicable law. Without limiting the foregoing, LISTedTECH does not represent or warrant that any of the Websites will meet your requirements. No oral or written information or advice given by or on behalf of LISTedTECH will create any legally binding or effective representation, warranty, condition or promise.
(a) LISTedTECH Content: You are solely responsible and liable for, and bear all risks and liabilities related to, your selection and use of LISTedTECH Content.
(b) Technology and Security: Customer acknowledges that the Websites might be affected by circumstances beyond LISTedTECH’s control, might not be continuous, uninterrupted or secure, and is subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. LISTedTECH is not responsible or liable for any delays, failures or any damage, loss or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of LISTedTECH and its subcontractors and service providers might not protect the Websites against unauthorized access, use or disclosure. LISTedTECH is not responsible or liable for any unauthorized access to, or use, alteration, theft or destruction of, the Websites or any data stored or processed in the Websites, whether through accident, fraudulent means or devices, or any other method.
(c) No Legal/Regulatory Advice: The Websites do not constitute or include any kind of legal or regulatory advice and you are solely responsible and liable for compliance with all applicable laws and regulations.
6. General Matters