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Terms of Use Agreement

Last Updated: September 21, 2009

Description of nListHelp

nListHelp is an online, web site based service, for creating and maintaining list sets, lists, calendars, and bulletins, and membership lists. The nListHelp Website offers tools for individual and group planning, organization, coordination, and collaboration.

Acceptance of Agreement

The nListHelp Website (the nListHelp "Service" or "nListHelp" or "nlisthelp" or the "Site" or the "Website") is operated by m Dimension Technology, LLC as the nListHelp service, and is found at www.nlisthelp.com. Your access and use of this Website constitutes your agreement to comply with and be bound by, without modification, all of the terms, conditions, and notices set forth herein (the "Terms and Use").

This Terms and Use Agreement ("Agreement") constitutes the entire and only agreement between nListHelp and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of this Agreement. Any legally unenforceable provision of this Agreement will, at the election of nListHelp, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.

nListHelp reserves the right to modify or amend this Agreement at any time and without notice. The changes will appear in these Terms of Use, and your use of the nListHelp Website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access this Website, before you begin using this Website. You may print a copy of these Terms of Use for your reference.

If you do not agree to the Terms and Conditions set forth in this Agreement, please do not register for or enter the Website.

Website Content

You understand that any materials that you post, upload, input, provide or submit to the Website, including data, text, lists, calendars, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are your sole responsibility. You warrant and represent that you own, or otherwise control, all of the rights to your Content, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Content.

nListHelp does not claim ownership of such Content, however, by posting, uploading, inputting, providing or submitting your Content, you are granting nListHelp and its agents a perpetual, world-wide, royalty free, irrevocable, non-exclusive license(s) without limitation to use, copy, distribute, reproduce, modify, adapt, transmit, publicly perform, publicly display, edit, sublicense, create derivative works from, transfer, translate, reformat, and sell such Content on the Website solely for the purpose for which such Content was submitted or made available, and all without the payment of compensation to you in respect of any such use of your Content.

nListHelp does not control the Content posted by any user of the Website and thus nListHelp and its affiliates, agents, and licensors do not guarantee the accuracy, integrity, quality, completeness, timeliness, or non-infringement of such Content. Nothing contained in the Website is intended to constitute professional advice of any kind. nListHelp does not endorse, and specifically disclaims any responsibility or liability for, any Content. Under no circumstances will nListHelp be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise displayed or transmitted via the Website. You agree to indemnify and hold nListHelp and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your Content.

While nListHelp has no obligation to monitor Content, it may, from time to time, monitor Content to determine whether postings comply with these Terms of Use, or for other reasons. nListHelp cannot and does not guarantee that it will post or continue to post all Content you or other users submit to the Website. Also, nListHelp reserves the right to edit or abridge Content for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in nListHelp's sole discretion.

No Unlawful or Prohibited Use

You may not use this Website for any unlawful purpose. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other user's use of the Website.

You agree to not post any Content that in any way may be defamatory, abusive, libelous, obscene, indecent, lewd, pornographic, violent, harassing, discriminatory, threatening, or otherwise violating the legal rights of others. You agree not to post any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of others.

You understand and agree that nListHelp may discontinue or restrict your use of the Website for any reason without notice. nListHelp may also terminate your membership for any reason, at any time.

nListHelp reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access the Website and any other service and Content; and (iii) remove your Website, (iv) notify and send Content to and fully cooperate with the proper law enforcement authorities for further action; and (v) any other action upon any breach by you of these Terms of Use or otherwise.

If your registration(s) with or ability to access the Website is discontinued by nListHelp due to your violation of any portion of these Terms of Use, you agree that you will not be entitled to receive a refund related to the Website or Content to which your access has been terminated.

nListHelp reserves the right to (i) terminate your membership and have access to any Content, services, digital products, or events, and (ii) remove your Website, if nListHelp learns that you have provided nListHelp with false or misleading registration information.

Software Licenses

You shall have no rights to the proprietary software and related documentation, or any enhancements or modification thereto, provided to you in order to access and use the Website. You may not sublicense, assign or transfer any licenses granted by nListHelp, and any attempt at such sublicense, assignment or transfer shall be null and void.

User Eligibility

By using the Website, you are representing that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the Website). You represent and warrant that you have all necessary rights, power and authority to enter into this Agreement and to perform the acts required of you hereunder. Membership to the Website is void where prohibited.

Security

Upon completion of the registration process on the Website, you will be assigned an account designation and a password. Each account is to be used by an individual user and your right to use the Website is personal to you. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account.

Privacy

Personal information collected by nListHelp shall be used as set forth in the nListHelp Privacy Policy. With the exception of personally identifiable information discussed in this nListHelp's PrivacyPolicy, any material, information, emails or other communication transmitted or posted by you to the Website will be considered non-confidential and non-proprietary. As a condition to using the Website, you agree to the terms of the nListHelp Privacy Policy as it may be updated from time to time. You agree that nListHelp may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the nListHelp Privacy Policy.

Intellectual Property Rights

You acknowledge that nListHelp owns all rights, title and interest in and to the Website, including without limitation all intellectual property rights (the "nListHelp Rights"), and such nListHelp Rights are protected by U.S. and international intellectual property laws. The nListHelp Rights include rights to: (a) the Website developed and provided by nListHelp and all trademarks and other intellectual property associated therewith; and (b) all software associated with the Website. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Website or from any Content placed on the Website by nListHelp or any third party.

Advertisements

You agree and understand that some parts of the Website may display ads and other information adjacent to and related to the Content. Any such ads or other information is served using a completely automated process. No human will read your event, calendar, or email, or other Content in order to target such advertisements or other information without your consent, and no email content, addresses, or other personally identifiable information will be provided to advertisers as part of the Website.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and all other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that nListHelp 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 advertisers on the Website.

Links to Third Party Sites

The Website may contain hyperlinks to web sites operated by persons other than nListHelp. You agree not to hold nListHelp responsible for the content or operation of any such web sites. A hyperlink from the Website to another web site does not imply or mean that nListHelp endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web site.

Disclaimer of Warranties and Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, AND TOOLS, IS AT YOUR SOLE RISK. NLISTHELP PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NLISTHELP MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NLISTHELP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. NLISTHELP AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT IN ANY WAY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTIONING OF THE WEBSITE.

Miscellaneous Legal Terms

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America.

Billing Terms