Terms and Conditions of Use for www.LoudLister.com

LoudLister LLC (“LoudLister”, or the “Company”) and its website, www.LoudLister.com (the “Site” or the “Website”) provides its products and services to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions, which are as follows:

Where appropriate, LoudLister is referred to below as “LoudLister,” “we,” “us,” “our,” or “Company.” The term “you” refers to the user, subscriber or viewer of our website.

PERMISSIBLE USE OF WEBSITE

You agree that:

(a) Your use of the LoudLister website is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age may access or use LoudLister and transact business with LoudLister;
(c) You will comply with and be bound by these Terms and Conditions in their then-current form as they appear on LoudLister each time you access and use the LoudLister website;
(d) Each visit to LoudLister by you indicates and confirms your agreement to be bound by our Terms and Conditions; and
(e) These Terms and Conditions are a legally binding and enforceable agreement between yourself and LoudLister.

You agree not to use or attempt to use LoudLister for any purpose that:

(a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to LoudLister or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with LoudLister’s network services;
(e) attempts to gain unauthorized access to LoudLister’s network services or proprietary information;
(f) impairs or limits LoudLister’s ability to operate the LoudLister website or any other person’s ability to access and use LoudLister;
(g) uses any methods, means, or devices to access LoudLister or cause access to LoudLister for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with LoudLister;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of LoudLister or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.

LoudLister reserves the right to establish general practices and limits concerning use of the Website via different subscription plans and tiers of service, as set forth in our Subscription Services Page, including without limitation restrictions relating to property and items that may be submitted for sale by auction or otherwise, the maximum number of days that listings, messages, postings, property, items, or other uploaded Content will be retained by the Website, the number of times you can edit a listing, the maximum size of any message that may be sent from or received by an account on the Website, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on LoudLister’s servers on your behalf. You agree that LoudLister has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Website.

REVOCATION OF USE RIGHTS

LoudLister reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the LoudLister website. You may not use LoudLister or any affiliated Website to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of LoudLister or any affiliated Website. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your subscription, cancellation of your listings, limits on account privileges, and forfeiture of fees paid to LoudLister.

You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use LoudLister.

REGISTRATION

In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LoudLister has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LoudLister has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

MEMBERSHIP AND BILLING

LoudLister offers various types of subscription plans, depending on whether you are registered as an (1) Agent/Lister/Broker or (2) Service Provider. You can find the specific details regarding your membership with LoudLister, the permissions, rights and limitations thereto at any time. Simply sign in to your LoudLister account, and go to the Profile tab. Our list of fees for each type of registration as well as the rights and limitations thereto is provided on www.LoudLister.com

a. Billing
By starting your LoudLister membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the type of membership that you have selected during registration. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with advanced notice. As used in these Terms and Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year (as the case may be) thereafter unless and until you cancel your membership. Sign in to your LoudLister account, go to the Profile tab, and click on Account Details to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.

Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.

You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account management page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

b. Ongoing Membership
Your LoudLister membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

c. Holds
You may place a monthly membership on hold at any time, and the hold will take effect at the start of your next billing cycle. When the hold period has ended, your membership will resume and we will automatically bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). You may cancel a hold status at any time by clicking the words "Remove hold" on your Account management page. When you cancel a hold period, your membership will resume immediately and we will automatically bill the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

d. Cancellation
You may cancel your LoudLister membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your account and click the words "Cancel membership" on your Account management page. Follow the instructions for cancellation.

LOUDLISTER AS A PLATFORM

LoudLister serves as a web-based platform, matching potential buyers, sellers, financiers and other service providers with parties that may be seeking such products and services. The role of LoudLister is limited to hosting listings, products or services provided by the different subscribers and providing a platform to assist in the consummation of transactions or the rendering of services. LoudLister is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. LoudLister does not receive commissions from the sale of franchises, real estate or businesses. LoudLister does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence. As such, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between LoudLister and any seller or buyer of franchises, real estate or business listings, or anyone hiring a service provider hereunder. LoudLister makes no warranties or representations about properties or services listed on LoudLister, about the sellers of such properties, about the accuracy of information provided by any party, or about the ability of a purchaser to consummate a transaction. Subscribers are recommended to conduct their own independent due diligence prior to entering into any transaction, and, all parties are encouraged to seek the help of licensed real estate or business professionals and attorneys when considering entering into a transaction.

USER SUBMITTED CONTENT

You, and not LoudLister, are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Website. You expressly acknowledge and agree that your submission of Content for use by the Website will, if accepted by LoudLister in its sole discretion, will be accessible to the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto.

LoudLister does not pre-screen Content, but reserves the right in its sole discretion to remove any Content that is made publicly available via the Website. LoudLister reserves the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.

By uploading Content to our Website, you agree:

(i) All property and items submitted for sale, auction or otherwise will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions ("Rights") to your Content and any other works that you incorporate into your Content, and you authorize and license LoudLister to use your Content in the manner contemplated in these Terms and Conditions; and
(iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law, relating to any franchise, real estate, business or other proprietary assets submitted by you in connection with any Service hereunder.

By submitting your Content to LoudLister, you hereby grant LoudLister and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.

LISTING OF PROPERTIES AND/OR BUSINESSES

By listing an item on LoudLister's Website, you agree to pay LoudLister's fees as set forth in your Subscription Plan, and hereby assume full responsibility for the content of the listing and item offered. LoudLister reserves the right to end your listing for any reason. Sellers must treat purchaser's contact information in full compliance with LoudLister's Privacy Policy. Additionally, Seller is prohibited from sharing a Purchaser's information with third parties or use Purchaser's information for any purpose other than communicating with the Purchaser about the item, unless expressly permitted to do so by the buyer.

REAL ESTATE AND BUSINESS PROFESSIONALS

Parties who are licensed as an agent, broker, or other licensed real estate or business professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees in their jurisdiction. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective purchasers regarding the condition of the property or business. You may be required to include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed. A user may not list real property or a business for a third-party unless the user is a licensed real estate or business professional. Members are strongly advised to seek the help of a licensed real estate professional, business broker and/or an attorney to help in the negotiation and sale of any real estate or business.

AUCTIONS

Each state and locality in the United States has different laws, rules and regulations with respect to the purchase and sale of real estate. As such, LoudLister's real estate Auction listings do not constitute legally binding offers to purchase or sell real estate. Rather, the LoudLister auction site is a platform for sellers to list and promote their real estate listings and connect with potential purchasers. LoudLister is not involved in the transaction between purchasers and sellers and, as a result, has no control over the veracity, accuracy, quality, safety or legality of the properties listed in the auction site and/or the Website, the ability of sellers to sell items or the ability of purchasers to finalize purchases. LoudLister's auction listings do not constitute binding agreements to purchase/sell real property. Notwithstanding the foregoing, the parties should act in good faith, and purchasers should not bid on a property unless they intend to complete the purchase of same, subject to applicable due diligence. Sellers are prohibited from claiming that a bid results in a binding obligation to finalize the transaction. At the completion of the auction, the parties should contact each other to discuss the transaction and exchange the necessary documentation. All such actions should be conducted pursuant to local state, federal or county laws. Listing a property for auction results in additional fees, regardless of whether a transaction is consummated. Please review our “Auction Fees” page for more details. We do not take a commission from the sale of a property listed through our Website.

INTELLECTUAL PROPERTY RIGHTS

The marks appearing on the LoudLister website or any affiliated Website, including, but not limited to, LoudLister’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of LoudLister (the “Marks”). You agree not to use or otherwise appropriate any of LoudLister’s Marks appearing on or in association with LoudLister or any affiliated Website. You will further indemnify LoudLister against any loss or damage accruing to it as a result of your unauthorized use of the LoudLister Marks, including the payment of any attorney’s fees.

Any third-party trademarks and/or service marks appearing on LoudLister are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with LoudLister, and you assume any and all liability associated with any unauthorized use. You will further indemnify LoudLister against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.

You further acknowledge and agree that:

(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of LoudLister (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Website Content are owned by LoudLister, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content.

You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from LoudLister, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from LoudLister, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from LoudLister:

(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as LoudLister or controls the content of any other Internet browser window.

DIGITAL MILLENNIUM COPYRIGHT ACT

LoudLister is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on LoudLister infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on LoudLister infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:

LoudLister LLC
Attn: DMCA Manager
18501 Pines Blvd. Suite 355
Pembroke Pines, Florida 33029

THIRD PARTY PRODUCTS

LoudLister connects its users with unaffiliated third parties that offer real estate and business listings, products and services (the “Products and Services”). By using this service and submitting a registration form, you represent and warrant that you agree to be contacted by these unaffiliated third parties for the purpose of obtaining more information regarding the possibility of purchasing these Products and Services. By uploading your registration submission, you hereby grant LoudLister and its affiliates and assigns the right to contact you regarding these Products and Services.

LoudLister is merely a platform to connect its users, and therefore does not verify the accuracy or veracity of any listing or service provider. You are strongly urged to conduct your own due diligence upon making any offers, accepting offers or contracting any services.

LIMITATION OF LIABILITY

Any communications or interactions between yourself and with third parties, brokers, sellers, and/or advertisers on or through the LoudLister Website, including payment for and delivery of related property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that LoudLister is not responsible for the acts or omissions of its unaffiliated third parties and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any Product or Service or otherwise. Furthermore, LoudLister shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, purchasers, sellers, brokers, service providers and/or advertisers on the LoudLister Website.

In the event that you have a problem or issue with a third party or incur damage as a result of third party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, LoudLister shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party affiliate which may receive your contact information. In the event of a dispute between yourself and one or more users/subscribers of the Website, you hereby release LoudLister (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

LoudLister does not assume responsibility to verify the age of individuals submitting registration forms. However, LoudLister reserves the right to request supporting information to verify the age of any individual submitting a registration form.

LINKING AND THIRD-PARTY ADVERTISING

Not Responsible For Links to Other Web sites.

From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, LoudLister does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site you acknowledge and agree that LoudLister will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.

Dave

REVISIONS

You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Products and Services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. LoudLister reserves the exclusive right to change pricing, at anytime, with prior notice. These Terms and Conditions were last revised on March 21, 2013.

LOCATION

You understand and acknowledge that LoudLister controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.

USER IDs AND PASSWORDS

Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Additionally, in order to receive information from third parties regarding the Products and Services, you will be required to complete the registration process. 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 agree to notify LoudLister immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

THE INTERNET AS AN OPEN NETWORK

While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and LoudLister, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

PRIVACY AND SECURITY

Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products and Services. If you chose not to provide such required information, we may not be able to connect you with third parties who are capable of fulfilling your order or providing you with additional information.

Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.

Privacy Policy: We reserve the right to make changes to our Privacy Policy from time to time. If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we’ll post those changes to the LoudLister Site 30 days before they take effect. Our privacy policy is current as of March 21, 2013.

Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.

Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to customer.service@loudlister.com

COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.

This privacy notice should be read in conjunction with our Privacy Policy. In the event of a discrepancy between this privacy notice and our Privacy Policy, this privacy notice shall govern.

INDEMNIFICATION

If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to LoudLister and/or its Site. You agree to indemnify LoudLister and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.

PURCHASES

If you wish to purchase any Products or Services through unaffiliated third parties, you will be purchasing such Product or Service directly through such third party and not through LoudLister, and must contact such third party with any issue, question, rebate, refund, customer service or inquiry. LoudLister connects you with a third party offering the Product or Service that you require, but in no way services or handles your transaction.

Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. The third party offering the Product or Service reserves the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service, to impose conditions on any coupon or promotional code and to refuse any order in their sole discretion. If your product from such third party arrives damaged or defective, you must contact the third party provider to inquire into their refund or exchange policy. LoudLister is in no way responsible for the quality or condition of the Product or Service that you purchase through such unaffiliated third party. For more information regarding a return policy, contact your Product or Service Provider at the number they furnished at the time of purchase.

DISCLAIMERS

UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LOUDLISTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. LOUDLISTER HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.

YOU ACKNOWLEDGE AND AGREE THAT LOUDLISTER IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, LOUDLISTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOUDLISTER MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT LOUDLISTER, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.

LOUDLISTER NOT LIABLE

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LOUDLISTER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT LOUDLISTER SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL LOUDLISTER'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.

COMMUNICATIONS WITH COMPANY

Time-Sensitive Instructions: When communicating with us through this Site, Instant Messenger chat or via e-mail, do not use the Site, Instant Messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this Site, Instant Messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the Site, Instant Messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to LoudLister. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from LoudLister, you may opt-out by sending an e-mail to customer.service@loudlister.com

Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

ADDITIONAL TERMS

You acknowledge that certain features of this Site, as well other products and services of LoudLister, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to LoudLister through the Site or otherwise, you are making an inquiry as to Products and Services offered by LoudLister or any of its unaffiliated third parties, and give LoudLister and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

Permission to Share Your Information: When you “submit” information through the LoudLister Site or otherwise, LoudLister may send your information to third party affiliates. LoudLister may receive a fee from its third party affiliates for connecting you to parties that may be able to offer you Products or Services that you request. If you do not want your information shared with LoudLister’ affiliates, you should send an opt-out e-mail to customer.service@loudlister.com

Reasonable Efforts: LoudLister is not responsible for delays resulting from third parties.

GOVERNING LAW

You agree that these Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, the Privacy Policy or the use of this Site shall be filed only in the state or federal courts located in Broward County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further agree to waive any rights you may have to a trial by jury.

SEVERABILITY

You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.

© 2013 LoudLister. All rights reserved. Version 1.0.0