YourListOnline Terms of Use
ACCEPTANCE OF TERMS
THIS AGREEMENT GOVERNS YOUR USE OF YOURLISTONLINE'S SOFTWARE, WEBSITE, AND INFORMATION
("YourListOnline") offers free downloadable software and services such as ("YourListOnline browser companion" or "Toolbar") that allows users to receive enhanced information about Web pages, websites and products while browsing the Web. YourListOnline's software, the information provided by YourListOnline through its own website and from third parties, and any other YourListOnline product or service is referred to collectively as the "Service." YourListOnline is a wholly owned subsidiary of YourListOnline ("YourListOnline Inc.").
Any person who wishes to use YourListOnline's Service must agree to the terms and conditions of this Website Terms of Use, which includes the YourListOnline YourListOnline Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and YourListOnline.
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE YOURLISTONLINE'S SERVICE.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of YourListOnline in conjunction with the sending of unsolicited email, or cause to be used YourListOnline's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that YourListOnline's network addresses or YourListOnline-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with YourListOnline include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to "admin@YourListOnline.com."
OTHER WEBSITES TO WHICH YOURLISTONLINE'S SERVICE LINK OR REFER
The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, YourListOnline cannot guarantee the completeness or accuracy of the websites or URLs to which YourListOnline's Service link or refer.
Further, the process of including websites in YourListOnline's Service is largely automatic. YourListOnline does not screen the websites included in the Service, and these other websites are maintained by persons over whom YourListOnline exercises no control. For these reasons, YourListOnline assumes no responsibility for the content of any website or URL included in the Service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Service.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.
YourListOnline has the right, but not the obligation, to monitor any Review, activity, and content associated with the Service. YourListOnline may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice.
YourListOnline may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect YourListOnline's systems and users, to ensure the integrity and operation of YourListOnline business and systems, or in response to subpoenas, court orders, or legal requirements, YourListOnline may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.
PROPRIETARY RIGHTS
Intellectual Property and Copyright Infringement Notice
If you wish to notify YourListOnline's Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:
- a physical or electronic signature of the person authorized to act on behalf the copyright owner;
- identification or description of the copyrighted work you claim has been infringed;
- identification or description of the work you believe is infringing on your copyrighted work and enough information to assist YourListOnline in locating the allegedly infringing work;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
- your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
Trademarks
YourListOnline graphics, logos, page headers, button icons, scripts, and service names are trademarks of YourListOnline.com, including but not limited to include their affiliates, in the United States and other countries. Neither YourListOnline nor their affiliates' trademarks may be used in connection with any product or service that is not YourListOnline's, or their affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits YourListOnline or their affiliates.
Software License
The proprietary software associated with the Toolbar Service or any other ("Software"), which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of you promises reflected in this Agreement, YourListOnline grants to you a personal, nonexclusive, nonassignable and nontransferable license to download, install and use the Software to and on a single computer and to use the Software solely to use the Service as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by YourListOnline. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the Software, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than in connection with the Service and as permitted hereunder, and you may not transfer, sell, assign or convey it to another party without YourListOnline's prior written consent.
Licenses
YourListOnline's Grant
Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, YourListOnline grants to you a limited license to make personal use of our Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof or any Reviews and maCass any derivative works based upon or distributing or copying the Service or any Reviews, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of YourListOnline and its affiliates without express written consent of YourListOnline. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of YourListOnline and its affiliates without the express written consent of YourListOnline and its affiliates. Any unauthorized use terminates the permission or license granted by YourListOnline in this paragraph.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless YourListOnline.com and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, YourListOnline INTERNET AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER YourListOnline NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NONINFRINGING. YourListOnline INTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE YourListOnline INTERNET AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF YOURLISTONLINE INTERNET OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE YourListOnline INTERNET AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL YourListOnline INTERNET, YourListOnline, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Winona, Minnesota.
ARBITRATION
You and YourListOnline agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Minnesota,Winona County. If you and YourListOnline cannot agree on arbitrators, they shall be appointed by the Presiding Judge of the Winona County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and YourListOnline Internet may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate YourListOnline's intellectual property rights, YourListOnline may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.
GENERAL PROVISIONS
Entire Agreement
This Agreement, which includes the YourListOnline Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.
Severability
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
YourListOnline's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of YourListOnline's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
Any rights not expressly granted herein are reserved.
Uniform Resource Locator
A URL (or uniform resource locator) is the full Web address of a file or document you view when browsing the Internet. With most browsers, such as Microsoft Internet Explorer or Netscape Navigator, the URL of every Web page that you view is displayed in a window near the top of the screen. Typically, a URL consists of four parts: protocol, server (or domain) where the file is located, path, and filename.
determine how often users are satisfied with the first result of a query and how often they proceed to later results.
Changes to this Policy
Please note this Privacy Policy will change from time to time. We expect most such changes to be minor, but there may be changes that are more significant. Regardless, YourListOnline will post those changes on this page at it's discretion if the changes are significant, YourListOnline will also provide a more prominent notice.
If you have any additional questions, please feel free to contact us any time.
