This is a description of the terms of use (the “Terms”) that define your rights and obligations as a user of the services (the “Services”) of the Snowlist.com web site (the “Site”). By using the Services, you are agreeing to be bound by all the terms and conditions of the Terms. If you do not accept and agree to all the Terms, you should discontinue use of the Services and the Site.
1.Use Of Services. The Services of Snowlist.com principally involve permitting people to post messages and classified ads for goods or services. You agree that you will not do any of the following:
a. Post any content that violates the rights of any person or entity, which is defamatory, threatening, or otherwise harmful to any person or entity, which is pornographic, which violates any laws including, but not limited to, any laws prohibiting discrimination on the basis of religion, gender, race, age, disability, sexual preference, or ethnicity, which reveals private information concerning a person or entity without consent to do so, which falsely represents the identity of the person posting the content or otherwise falsely attributes any content to any person or entity, which is harmful to a minor person in any manner, which is deceptive or misleading in any manner, which constitutes affiliate marketing or similar schemes, which impairs the operation of the Services, which advertises the sale of any illegal product or service, or which includes links to any web sites that contains content that is prohibited by these Terms.
b. Use any posting agent to post content on the Site or otherwise use the Services on your behalf or post content by means of any automated system or means.
c. Collect personal information about other users of the Services or the Site for any commercial or unlawful purpose or wrongfully contact persons or entities using the Services or the Site by any means, including but not limited to unsolicited e-mail messages.
d. Modify, copy, distribute to third parties, retransmit, display, perform, license, reverse engineer, decompile, disassemble, or sell any component of the Services, any content received through the Service, or any information or materials obtained from using the Service, either from Snowlist.com or as a result of your own experience using the Service, to anyone without the prior written consent of Snowlist.com.
2.Termination. You agree that Snowlist.com may suspend or block your access to the Services and/or the Site immediately and without notice at any time Snowlist.com, in its sole discretion, determines that you have breached any provision of the Terms or you have engaged in conduct that is inconsistent with the best interest of Snowlist.com and/or other users of the Services or the Site. Snowlist.com may also at its discretion modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice to you. Further, you acknowledge and agree that Snowlist.com may remove any content you post in the Service for any reason it determines would be in the best interests of the Service and/or the Site.
3.Agreements Implied By Use. Your use of the Services must be in conformance with the Terms, and you agree that you will not acquire any rights in or to the Service, its components, or software. By posting content to the Service, you agree that Snowlist.com shall have the irrevocable non-exclusive perpetual right to reproduce, display, perform, distribute, transmit, and otherwise use such content, to prepare derivative works therefrom, and to authorize others to so exercise such rights. You also acknowledge and agree that Snowlist.com may establish rules from time to time with respect to the frequency, duration, location, size, relevance, or other elements of posted content, which rules you agree to observe. Further, by using the Services you agree to the Privacy Policy that is set forth at this link: Privacy Policy .
4.Personal and Non-Commercial Use. You acknowledge that Snowlist.com retains exclusive ownership of each component of the Service, and the collection, arrangement, and assembly thereof, and all intellectual property rights associated therewith, including all copyright, patent, trademark, trade secret, and other proprietary rights. All rights to content that may be accessed through use of the Service are the property of the respective content owners, and your status as a user of the Services does not grant you any rights to such content. Any unauthorized reproduction, publication, further distribution or public exhibition of materials provided on the Service, in whole or in part, is strictly prohibited. You understand and agree that Snowlist.com does not control and is not responsible for the content that is posted in the Service or for the consequences of any use of such content or any interactions or dealings with people or entities identified through or on the Service, that you are solely responsible for any content that you post on the Service and for the investigation of any person or entity with which you may have a transaction, and that content displayed in the Service may be deemed objectionable to some people. Snowlist.com encourages you to use your discretion while selecting and reading such content. The Service is intended for use by individuals of at least thirteen years of age or older and is not directed for use by children under the age of thirteen. Snowlist.com encourages you to actively monitor and participate in any use of the Service by your children.
5.DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Snowlist.com DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND REGARDING THE SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EITHER EXPRESS OR IMPLIED BY LAW, CUSTOM, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Snowlist.com FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO SERVICE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL OR ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT RESULTS FROM ITS USE WITH THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER Snowlist.com NOR ITS PARENT OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, DATA, OR OTHER INTANGIBLE LOSSES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE Snowlist.com WEBSITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED THROUGH THE SERVICE, EVEN IF Snowlist.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT Snowlist.com'S LIABILITY TO YOU OR ANY ONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) $100.00 AND (B) THE TOTAL DOLLAR AMOUNT OF ALL PAYMENTS MADE BY YOU TO Snowlist.com IN THE 12 MONTHS PRIOR TO THE ACTION ALLEDGEDLY GIVING RISE TO LIABILITY. IN THE EVENT THAT YOU JOIN OR BECOME A PARTY TO AN ACTION OR LAWSUIT THAT INCLUDES MULTIPLE PLAINTIFFS, YOU AGREE THAT YOUR SHARE OF ANY JUDGMENT, AWARD, OR SETTLEMENT WILL NOT EXCEED YOUR PRO-RATA SHARE OF THE AFOREMENTIONED AMOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATION OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THESE TERMS REFLECT SUCH ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
7.Indemnification. You agree to defend, indemnify, and hold harmless Snowlist.com, its parent, officers, directors, employees, and agents from any against any claims, actions, or demands, including, without limitation, reasonable legal, accounting, and expert witness fees, made by any third party due to or resulting from your use of the Service, any material accessed through the Service, or your violation of this or any other agreement between you and Snowlist.com.
8.Modifications. Snowlist.com reserves the right to change the Terms at any time. By using the Services and accepting these Terms, you agree that Snowlist.com may change the Terms. When the Terms are changed, Snowlist.com will notify you by online postings. The changes shall be effective immediately upon posting thereof. The changes will also appear in this document, which you can access at any time by selecting the Terms Of Use link at the bottom of each page in the Service. You also agree to review these Terms periodically to become aware of such changes. It is understood that your continuation of the Services after Snowlist.com has posted modified Terms implies your agreement to be bound by all of the changes to the Terms. If you do not agree with the Terms as it may be amended, your only remedy is to not use the Services or Site.
9.Governing Law; Arbitration. These Terms shall be governed by and interpreted in accordance with the law of the State of Illinois without regard to its provisions governing conflict of laws. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and Snowlist.com agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Chicago, Illinois, under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event Snowlist.com alleges that you have infringed or threatened to infringe Snowlist.com's intellectual property rights, then, in addition to any other rights and remedies Snowlist.com may have, Snowlist.com may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Cook County , Illinois and waive and all objections to, and affirmatively select, Cook County, Illinois as the appropriate venue for any such action.
10.Miscellaneous. These Terms, and all documents incorporated by reference, constitute the entire agreement between you and Snowlist.com pertaining to the subject matter hereof and supercede all prior agreements and understandings between you and Snowlist.com with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of these Terms will be valid unless made in accordance with the express provisions of these Terms. If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in these Terms is intended to confer benefits, rights, or remedies unto any person or entity other than you and Snowlist.com and their permitted successors and assigns.
11.Notices. Snowlist.com is committed to respecting the intellectual property rights of others. In the event you believe that any content that appears in the Service infringes any copyright interest owned or controlled by you, please promptly send a notice to General Counsel by e-mail at legal@Snowlist.com, or by mail to Snowlist.com, Attn: General Counsel, 79 Salem Lane, Evanston, Illinois 60203. The notice must contain 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 at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Snowlist.com to locate the material.
d. Information reasonably sufficient to permit Snowlist.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
e. 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 the law.
A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed