Please take the time to read the following to understand our contractual relationship both relating to your use of our website and the products and services we provide you. It is important you read and understand the following because, by using our website, products, and services, you are agreeing to be bound by these terms.
Dated: July 24, 2023
Lista has two different types of users depending on the Services you use:
- We call users who may use a free trial version of the Services “Trial Users.” While Trial Users can access and use the Services, they may have access to a more limited set of service features and functionality than Subscribers and have access to the Services only for a limited period of time. Trial Users may not download or copy any content contained on the Site.
- We call users who use the Services as part of a paid Lista subscription “Subscribers.”
If you are using a screen reader and are having problems using the Site, please email email@example.com or call (310) 910-9892 for assistance.
In addition to any other reason to terminate your access to the Services, Lista may determine that it will discontinue of modify some or all of the Services for any reason or no reason. If Lista terminates the Services, Lista will strive to provide reasonable prior notice to you via email and/or notice made available on the Site. If you are a Subscriber, Lista may refund a prorated portion of any pre-paid fees depending on the scope of the modification or discontinuance of the Services.
If you are a Trial User and have signed up for a free trial version of the Services that provides for auto-renewal or have otherwise signed up for a subscription that provides for automatic renewals, you agree that we may and authorize us to, through our third party credit card processing company, charge you automatically at the end of the free trial or for the renewal, unless you notify us in advance that you want to cancel or disable auto-renewal.
In addition to the foregoing, you agree that you will comply with the following acceptable use policy with the Services by not doing any of the following:
(i) Use the Services in any way that violates an applicable law or that is criminal or that supports your or another’s violation of law,
(ii) Use the Services in any way that is abusive, fraudulent, a scam, for spam, or otherwise exploits, harms, or threatens others, or for the purpose of any of the foregoing,
(iii) Use anyone else’s login information to use the Site, Services, or Materials, or provide login information to anyone else to access the Site, Services, or Materials,
(iv) Use the Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights or otherwise infringe upon the rights of others,
(v) Use the Services to violate the privacy of others or to transmit or store information in violation of any privacy laws, or
(vi) Use Services in any manner that could disable, overburden, damage, interrupt or harm our ability to provide Services to other Users.
4. No Legal Advice. The Site and the Services are not intended to and do not constitute legal advice and no attorney-client relationship is formed by your use of the Services. By using the Site or the Services, you acknowledge and agree that Lista is not engaged in the practice of law in any jurisdiction and you understand and agree that you shall not claim that Lista provided any legal advice to you or owes any fiduciary duty or attorney-client obligation to you. The accuracy, completeness, adequacy or currency of the Services is not warranted or guaranteed. Your use of Services on this Site or third party websites and materials linked from this Site is at your own risk.
5. Intellectual Property Rights. You understand and agree that the Services, Site, and the Materials contained therein are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, to the extent applicable. Lista reserves all of its right, title, and interest in and to the Services, the Materials, the Site and the related technology and software, including all of their related intellectual property rights. No rights are granted to you other than as expressly set forth herein and nothing contained herein shall be construed as conferring any license, title, interest or right in or to the Services, the technology or the software related thereto, others’ content in the Services, or any other content on the Site to you, by implication, estoppel, or otherwise, under copyright or other intellectual property rights. This includes, without limitation, all trademarks and logos, tools, content, services, technology, source code and object code, software, visual interfaces, graphics, designs, text, pictures, information, data, sound files, other files, and the arrangement and organization of the foregoing of Lista and/or one or more third parties (the “Materials“). In the event that you provide Lista with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively, the “Feedback“), you agree that Lista may use the Feedback to modify the Services and/or the Site and you will not be due any compensation, including any royalty related to the modifications that incorporate or otherwise use the Feedback. You grant, to Lista an irrevocable, worldwide, royalty-free, fully paid, perpetual, license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
7. No Solicitation. You shall not distribute on or through this Site or the Services, any content or material containing any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any enterprise or organization without the express written permission of Lista. In no event may any person or entity solicit anyone using data retrieved from this Site.
8. Advertisers. This Site and the Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Lista will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of this Site and use of the Services require you to register and log in through a username and password. In obtaining your username and password, you agree to provide Lista with accurate and complete registration information. It is your responsibility to inform Lista of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Lista does not permit anyone other than you to use your username and password. Access through a single username and password combination being made available to multiple users on a network or otherwise is prohibited. You will be responsible for all acts taken with your account and all account activity, regardless of whether you took the acts or authorized the activity.
10. Errors and Corrections; Services Availability. Lista does not represent or warrant that this Site, the Materials, or the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Lista does not warrant or represent that the Services and/or Materials available on or through this Site will be correct, accurate, timely, or otherwise reliable. Although Lista strives to keep the Services up, the Services and Site may be unavailable from time to time, and you may not always have access to some or all of the content you have uploaded to the Services. You agree that Lista shall not be liable for any disruption or loss that you may suffer as a result and that it is your responsibility to backup all of your content outside of the Lista platform. Lista may make improvements and/or changes to its features, functionality, or Services at any time.
11. Email Notifications and Electronic Transactions.
11.1. Email notifications may be sent to you in connection with Lista’s provision of services. Lista does not represent or warrant that these email notifications will always be received by you. It is your responsibility to provide Lista with your correct email address and to ensure Lista’s emails are not caught by spam filters.
11.2. You agree that all of your transactions with or through Lista, or any third-party service providers, may, at its option, be conducted electronically.
12. DISCLAIMER. THIS SITE, THE MATERIALS, AND THE SERVICES ARE EACH PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. LISTA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NONE OF LISTA, ITS THIRD-PARTY SERVICE PROVIDERS, ANY OF THEIR AFFILIATES OR THEIR EMPLOYEES, AGENTS, SUBCONTRACTORS, OR CONSULTANTS MAKE, AND THEY EXPRESSLY DISCLAIM, WARRANTIES REGARDING THE FOLLOWING: THE QUIET ENJOYMENT OF THE SITE OR SERVICES; THE FUNCTIONALITY, ACCURACY, COMPLETENESS OR COMPLETION OF FORMS, TEMPLATES, OR CHECKLISTS; RECEIPT OF DOCUMENTS BY LOCAL GOVERNMENTS; APPROVAL OF DOCUMENTS BY LOCAL GOVERNMENTS; TIMELINESS OF SERVICES; THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR OR VIRUS FEE; LOSS OF DATA OR SERVICES, OR THAT ANY FEES PAID TO LOCAL GOVERNMENTS WILL BE ADEQUATE. LISTA DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS THIRD-PARTY SERVICE PROVIDERS, ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIMS, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, INJURY, CLAIMS, LIABILITY, AND DAMAGE RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE MATERIALS, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES, MATERIALS OR SERVICES THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE, THE SERVICES, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE OR THE MATERIALS OR THE SERVICES, (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE OR THE SERVICES, (F) ANY FAILURE TO EDIT OR VERIFY THE COMPLETENESS, PROPRIETY, OR ACCURACY OF ANY INFORMATION SUBMITTED BY YOU, (G) ANY LOSS OF PRIVILEGE OR OTHER CLAIMED INJURY DUE TO DISCLOSURE OF SEALED, CONFIDENTIAL, OR PRIVILEGED INFORMATION, OR (H) OR ANY FORCE MAJEURE EVENTS, INCLUDING ACTS OF GOD, EARTHQUAKES, DISEASE, PANDEMIC, ACTS OF CIVIL OR MILITARY AUTHORITY, WAR, TERRORISM, ACTS OF REGULATORY OR GOVERNMENTAL AGENCIES, ACTS OF THIRD PARTIES, OR OTHER CAUSES THAT ARE BEYOND THE REASONABLE CONTROL OF LISTA OR THE APPLICABLE THIRD-PARTY SERVICE PROVIDER. YOU EXPRESSLY AGREE THAT LISTA SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAM, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT, OR EXPROPRIATE DATA FROM THE SITE.
13. LIMITATION OF LIABILITY. THE MAXIMUM AGGREGATE LIABILITY OF LISTA AND ITS THIRD-PARTY SERVICE PROVIDERS TO YOU UNDER ANY CIRCUMSTANCE RELATING TO YOUR USE OF THE SITE OR THE MATERIALS OR THE SERVICES SHALL NOT, IN ANY EVENT AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH YOUR CLAIM IS BASED, EXCEED THE GREATER OF FIFTY DOLLARS ($50) AND THE TOTAL AMOUNT OF FEES PAID BY YOU TO LISTA FOR ITS PROVISION OF SERVICES FOR THE SPECIFIC MATTER TO WHICH THE CLAIM RELATES FOR THE ONE (1)-YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH SUCH CLAIM ARISES. LISTA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES OR THE MATERIALS. THIS LIMITATION OF LIABILITY ALSO APPLIES WITH RESPECT TO ANY CLAIMS YOU MAY MAKE AGAINST LISTA FOR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH OR FROM THE SITE. THE ABOVE LIMITATIONS APPLY EVEN IF LISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SETS FORTH YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS AND THEIR USE.
By using the Site and the Services you affirm under penalty of perjury under the laws of the State of California or the jurisdiction in which you are utilizing the Site, The Materials, and the Services that (1) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with Lista and in connection with the use of the Site, the Services, and/or the Materials and that you are subject to civil and criminal penalties should you utilize the Site or the Services or the Materials in violation of those laws and regulations; and (2) you acknowledge that the information or Materials provided by Lista or its third-party service providers may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.
17. Additional Terms.
17.2. Digital Millennium Copyright Act of 1998 (DMCA). Lista’s policy is to respond to claims of infringement in compliance with the DMCA. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, please complete the following DMCA notice and deliver it to Lista’s designated DMCA agent at the contact information provided below.
You must provide the following information in writing in your DMCA notice:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material that is claimed to be infringing and where it is located on the Site;
- Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and e-mail address;
- Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
- Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Deliver the DMCA notice, with the above information completed, to Lista’s designated DMCA agent at: firstname.lastname@example.org.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17.3. Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and Lista or any third-party service provider on the Site or at the primary e-mail address associated with your customer account.
17.4. Subpoena Expenses. If Lista has to respond to, or provide information in response to, a subpoena related to you, then Lista may charge you for Lista’s costs. Such charges may include fees for attorney and employee time spent retrieving records, preparing documents and participating in depositions or other legal process as well as other costs incurred in complying with such legal processes.
17.11. No Agent. You agree that Lista is not acting as your agent or fiduciary in connection with your use of the Site, the Materials, or Services.
17.12. Paragraph Headings. The headings of the paragraphs are for convenience only and in no way limit or affect the provisions hereof.