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Terms and Conditions

By using Victor’s Lists, you agree to our Terms of Use, which govern how you access the site, submit content, and interact with providers. Please read the full agreement below. This includes a binding arbitration clause and a class action waiver.

BY ACCESSING, USING THE VICTORSLISTS WEBSITE AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF USE, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF ANY OTHER PERSON LISTED IN THE ORDER, REGISTRATION, SIGN UP OR SIMILAR FORM.  YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF USE).

 

Victorslists LLC, a New Jersey (U.S.A.) limited liability company doing business as “Victorslists” (hereafter, “Victorslists”, “VL”, “we”, “our” and/or “us”) is a company that provides an online software-as-a-service (SaaS) platform to create a supportive space for parents of children with special needs by sharing positive recommendations of health care providers, professionals and other service providers who “go the extra mile” to serve the special needs community, which we market and promote under the trademark and trade name “Victorslists”. As part of the Victorslists application, we will provide you with use of the Sites and Services (defined below), including a browser interface and data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Victorslists website at http://victorslists.org incorporated by reference herein, including but not limited to our privacy policy.

 

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW IN SECTION 22, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY. UNDER THESE TERMS OF USE, YOU ARE REQUIRED TO RESOLVE DISPUTES BETWEEN YOU AND VL BY BINDING, INDIVIDUAL ARBITRATION. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. IN ARBITRATION, YOU MAY CHOOSE TO HAVE A HEARING AND BE REPRESENTED BY COUNSEL. YOU ACKNOWLEDGE AND AGREE THAT YOU AND VL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST VL.

 

Note to Social Media Users.  When accessing or using the Service from this Website, our LinkedIn profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Use.  Please see the following pages for further details:

O         http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);

O         http://www.snap.com/en-US/terms (SnapChat’s User’s Agreement);

O         https://twitter.com/tos (Twitter’s Terms of Service);

O         https://help.instagram.com/478745558852511 (Instagram’s Terms of Service);

O         https://policy.pinterest.com/en/terms-of-service (Pinterest’s Terms of Service); and

O         http://www.google.com/intl/en/policies/terms (Google’s Terms of Service).

 

  1. ACCEPTANCE OF TERMS

 

The VL website available at www.victorslists.org, the VL mobile application, and any and all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by VL and can only be accessed and used by you under these Terms of Use described below (collectively, the “Terms of Use”).

 

The terms and conditions set forth in VL’s Privacy Policy [link] are incorporated by reference as if set forth in full in these Terms of Use.  In the event of a conflict or inconsistency between one or more provisions in these Terms of Use and one or more provisions in the Privacy Policy, the provisions of these Terms of Use shall govern and be deemed controlling.

 

BY ACCEPTING THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND THAT YOU HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

    2. DEFINITIONS

 

Parties. “You” and “your” refer to you, as a user of the Sites and Servies. A “user” is someone who accesses or in any way uses the Sites and Services. “We,” “us,” and “our” refer to VL and its subsidiaries.

 

Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Sites and Services, including, but not limited to, ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute.

 

“User Content” means Content that users submit or transmit to, through, or in connection with the Sites and Services.

 

“VL Content” means Content that we create and make available in connection with the Sites and Services.

 

“Third Party Content” means Content that originates from parties other than VL or its users, which is made available in connection with the Sites and Services.

 

“Service Content” means all of the Content that is made available in connection with the Sites and Services, including Your Content, Third-Party Content, User Content, and VL Content.

 

   3. CHANGES TO THE TERMS

 

We may modify these Terms of Use from time to time. The most current version of these Terms of Use will be located here. You understand and agree that your access to or use of the Sites and Services is governed by these Terms of Use effective at the time of your access to or use of the Sites and Services. If we make material changes to these Terms of Use, then we will notify you by email, by posting notice on one or more of the Sites and Services, and/or by other method before the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Sites and Services after the effective date of changes to these Terms of Use represents your acceptance of such changes.

 

   4. USING THE SITES AND SERVICES; USER CONDUCT

 

Eligibility. To access or use the Sites and Services, you must have the requisite power and authority to enter into these Terms of Use. You may not access or use the Sites and Services if you are a competitor of VL or if we have previously banned you from the Sites and Services or closed your account.

 

Licenses Granted. By using the Sites and Services, and, more specifically, by posting messages to, uploading files to, inputting data on, or engaging in any other form of communication (individually or collectively, “Communications”) using and/or relating to VL, you hereby grant to VL a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed.

 

Subject to full compliance with these Terms of Use, VL grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of VL. VL may modify, update, suspend, or discontinue the Sites and Services, in whole or in part, at VL’s sole discretion for any reason or no reason, at any time and with or without notice. VL shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.

 

   5. User Conduct

 

As a condition of your access to and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by VL. By way of example, and not by way of limitation, you agree not to: violate these Terms of Use, other applicable agreement(s) with VL, and any applicable local, state, national or international law, and any rules and regulations having the force of law; use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights; use the Sites and Services or Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose, or any for any purpose unrelated to your personal decisions, without the express written consent of VL, which consent may be withheld by VL in our sole discretion; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere, or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services; harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with VL, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating of a Service Provider;knowingly provide or submit false or misleading information; use the Sites and Services if you are under the age of eighteen (18); take any action that would undermine the review and rating process under the Sites and Services; attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected and/or related to the Sites and Services; use the Sites and Services in any way that could interfere with the rights of VL or the rights of other users of the Sites and Services; attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other system(s) or network(s) connected and/or related to the Sites and Services, or to any server used by VL by hacking, password mining, or any other illegitimate or unauthorized means, including, but not limited to, attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use; transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Sites and Services; access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including, but not limited to, the use of any ‘deep-link,’ ‘scraper,’ ‘robot,’ ‘spider,’ or other automatic device, program, algorithm, or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any Content, to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Sites and Services; and/or probe, scan, or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected and/or related to the Sites and Services.

 

Furthermore, you may not reverse look-up, trace, or seek to trace any information on any other user of the Sites and Services, or any other customer of VL, including any VL account not owned by you, to its source, or exploit or attempt to exploit the Sites and Services or any service or information made available by or offered by or through the Sites and Services, in any way as to which the purpose is to reveal any information, including, but not limited to, personal identification or information other than your own information, except as expressly authorized by VL and provided for by the Sites and Services.

 

   6. VL’S SERVICES

 

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms of Use.

 

   7. REGISTRATION INFORMATION

 

We may require that you create an account to use or access certain parts of the Sites and Services and to use certain products and features. We may require that you provide login information, such as a username and password, to access and utilize your account. As a condition of your use of the Sites and Services, you agree (a) to provide VL with true, accurate, current, and complete information as prompted by VL’s registration forms, when registering for or using the Sites and Services and (b) to update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others, and you are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts might result in account termination. Please contact us if you have questions about managing multiple accounts.

 

   8. SUBMITTING CONTENT

 

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

 

  • You grant to VL a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such Content into other works

 

  • You grant to VL all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services

 

  • You grant to VL all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party, person, or entity
     

  • Your name and report information may be made available to the public and to any Service Providers about whom or which you report
     

  • You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, VL, and others as described and otherwise contemplated in these Terms of Use
     

  • You represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use
     

  • You are solely responsible for your reviews and ratings
     

  • VL may, in VL’s sole discretion, choose to remove or not to remove reviews and ratings once published
     

  • You will not submit any reviews that might be considered by VL to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically, or otherwise objectionable, or that might otherwise violate any relevant law or right of any other party, person, or entity
     

  • All of your reviews and ratings will either be based upon (i) your actual first-hand experience with any Service Providers that you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual
     

  • All of your reviews and ratings of any Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects
     

  • You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings
     

  • You are not in any way related (by blood, adoption, or marriage, if a Service Provider is an individual) to any of the Service Providers for whom or which you submit reviews or ratings
     

  • You have not received any form of compensation to post reviews and ratings
     

  • You will submit thorough and thoughtful reviews of any Service Providers you review (for example, submitting a review describing a Service Provider as “He/She is great,” without additional commentary, is not a thorough and thoughtful review)
     

  • You will not submit reviews that comment on other users or the reviews of other users
     

  • You will not submit reviews with hyperlinks, or the reviews and ratings that you provide do not reflect the views of VL, its officers, managers, owners, employees, agents, designees, or other users
     

   9. PUBLICATION AND DISTRIBUTION OF CONTENT

 

VL does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that VL is acting as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through, or linked through the Sites and Services are the sole responsibility of the person from whom such Content originated. You understand that VL does not control and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you could be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with the use of any Content and Service Provider Content.

 

You further acknowledge that VL has no obligation to screen, preview, monitor, or approve any Content or Service Provider Content, or Content posted or submitted by any other VL member or any Service Provider. VL reserves the right to review and delete any Content that, in VL’s sole judgment, violates the terms and conditions of these Terms of Use. By using the Sites and Services, you agree that it is solely your responsibility to evaluate your risks that are associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content that you submit, receive, access, transmit, or otherwise convey through the Sites and Services. Under no circumstances will VL be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted, or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against VL relating to Content or Service Provider Content, and you release VL from any and all liability for or relating to any Content or Service Provider Content.

 

You may, however, report Content that you believe violates these Terms of Use, or Content that you believe is otherwise improper and/or unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs, expenses, and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, VL recommends that you obtain advice from an attorney.

 

You agree that VL may establish general practices, policies, and limits, which may or may not be published, concerning use of the Sites and Services, including, but not limited to, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that are sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that VL has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that VL has the right to change these general practices and limits at any time, in VL’s sole discretion, with or without notice.

 

   10. SERVICE PROVIDERS

 

VL does not endorse and is not responsible or liable for any Content, data, advertising, product, goods, or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that if you use or rely on such Content, data, advertisement, product, goods, or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), VL is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of, any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively, and do not involve VL. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any one or more Service Providers (which includes, but is not limited to, health care and wellness providers).

 

Third parties and Service Providers may link or otherwise direct internet users to the Sites and Services for the purpose of utilizing one or more of the services that we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third-party or Service Provider websites. VL does not control or operate any such third-party or Service Provider websites. Any information that you provide to any third party or Service Provider websites while using such third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not VL’s policies. It is your responsibility to review such third-party or Service Provider policies, including any relevant privacy policies. You agree that VL will not be responsible or liable for, and that VL does not endorse any content, advertising, goods, or services provided by or through such websites or for your use or inability to use such websites. VL does not make any representations or warranties as to the security of any information (including, but not limited to, financial, credit card, and other personal information) that you might be requested to give to any third party or Service Provider website. You use any third-party or Service Provider website at your own risk.

 

You agree that VL is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with any Service Provider, waive the right to bring or assert any claim against VL that relates to any interaction or dealing with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release VL from any and all liability for or relating to any interaction or dealing with any Service Provider (which includes, but is not limited to, health care and wellness providers).

 

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, any third party or Service Provider found on or through use of the Sites and Services, including payment for and delivery or fulfillment of any related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that VL is not and will not be responsible or liable, directly or indirectly, for any loss or damage of any kind or description incurred as a result of any such dealings or as a result of the presence of any third party or Service Provider, whether or not identified by or on the Sites and Services.

 

   11. HEALTH-RELATED PROVIDERS

 

The Sites and Services and all Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health care provider with any questions that you might have regarding a medical or health-related condition. Do not disregard professional medical advice, and do not delay in seeking it, because of any Content and/or because of anything that you might read on the Sites and Services.

 

If you think you might be experiencing a medical or health emergency, you should promptly contact a physician or other medical professional or 911. VL does not recommend or endorse any specific test, physician, product, procedure, opinion, or other information that might be mentioned on the Sites and Services. VL is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by VL, its officers, managers, owners, employees, agents, designees, or other users, appearing on the Sites and Services is solely at your own risk.

 

The Sites and Services might contain health-related materials that are sexually explicit. If you find these materials offensive, you should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain, which might violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content might submit Content that contains your private or confidential health information in response to Content submitted. VL is not liable for any such Content. VL  cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.

 

   12. TERMINATION

 

VL may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that VL reserves the right to take action, whether technical, legal, or otherwise, to block, nullify, or deny your ability to access the Sites and Services. You understand that VL may exercise this right in VL’s sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to VL.

 

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, but not limited to, any provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

 

   13. NOTICE FOR CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Sites and Services are provided by Victorslists LLC, 20 Commerce Drive, Suite 105, Cranbury, New Jersey 07016. If You have any questions, concerns, or complaints regarding the Sites and Services, please contact VL by visiting Member Support or by sending a letter, by first class mail, postage prepaid, and by certified mail, postage prepaid, to Victorslists LLC, 20 Commerce Drive, Suite 105, Cranbury, New Jersey 07016, Attention: Customer Care.

 

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which can be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

   14. TRADEMARKS AND COPYRIGHTS

 

VL, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of VL in the United States and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

 

You should assume that all Content and material made available on the Sites and Services is protected by copyright law. Except for user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software, are the exclusive property of VL and/or its licensors, and are protected by all United States and international copyright laws.

 

   15. NOTICES

 

You agree that VL may communicate any notice to you under these Terms of Use through electronic mail, regular mail, or posting a notice on the Sites and Services. All notices to VL are to be provided by sending a letter, by first-class mail, postage prepaid, and by certified mail, postage prepaid, to Victorslists LLC, 20 Commerce Drive, Suite 105, Cranbury, New Jersey 07016, Attention: Customer Care. Any such notice will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

 

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), VL will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). VL’s Designated Agent is:

 

Victorslists LLC

20 Commerce Drive, Suite 105

Cranford, New Jersey 07016

 

Attn: Designated Agent

Email: victorslists@outlook.com

 

If You are a copyright or trademark owner (or authorized to act on behalf of a copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to VL by providing the Designated Agent with a written notification of claimed infringement that includes substantially the following: (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 or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site 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 VL to locate the material; (d) information reasonably sufficient to permit us 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 or trademark owner, its agent, or the law; and (f) a statement 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. VL will investigate a notice of copyright and trademark infringement and take appropriate action under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

   16. DELAYS AND ACCESSIBILITY

 

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the internet and electronic communications. VL is not responsible for any delays, failures, or other damage resulting from such problems.

 

   17. COMMENTS AND FEEDBACK

 

VL accepts comments regarding the Sites and Services. Please be advised, however, that VL does not accept or consider creative ideas, suggestions, or materials other than those which VL has specifically requested. Any comments regarding the Sites and Services should be specific, and not contain creative ideas, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other information (collectively, “Unsolicited Submissions”), then such Unsolicited Submissions will become the property of VL. No Unsolicited Submissions will be subject to any obligations of confidentiality, and VL will not be liable for any future use or disclosure of any Unsolicited Submissions.

 

   18. WARRANTIES AND DISCLAIMERS

 

You acknowledge that VL has no control over, and no duty to take any action regarding: (a) which users gain access to or use the Sites and Services; (b) what effects the content on or in connection with the Sites and Services may have on you; (c) how you may interpret or use the content on or in connection with the Sites and Services; and/or (d) what actions you may take as a result of having been exposed to Content on or in connection with the Sites and Services. You release VL from all liability for you having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. VL makes no representation concerning any Content contained in or accessed through the Sites and Services, and VL will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Sites and Services. VL makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of such information and assumes no responsibility for any errors or omissions in such information.

 

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER VL NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF VL, COMPUTER VIRUS, OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERROR, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. VL IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL VL OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL VL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF ANY USER, OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

 

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VL OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, VL DOES NOT REPRESENT OR WARRANT THAT (A) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS; AND (E) ANY SOFTWARE ERROR WILL BE CORRECTED. YOU AGREE THAT, FROM TIME TO TIME, VL MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE TIME PERIODS, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MIGHT NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

VL WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

VL has no control over and no duty to take any action regarding other users’ behavior, what effects Content may have on you, how you may interpret or use Content, and/or what actions you may take as a result of having been exposed to Content. You release VL from all liability for you having acquired or not acquired Content through the Sites and Services. VL makes no representation concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and VL will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Sites and Services.

 

The Sites and Services may display links to other internet sites or resources. Because VL has no control over such sites and resources, you acknowledge and agree that VL is not responsible for the availability of such external sites or resources, and VL does not endorse and is not responsible or liable for any content, advertising, product, or other material on or available from such sites or resources. You expressly acknowledge and agree that VL will shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

 

   19. INDEMNITY

 

You agree to indemnify, defend, and hold harmless VL, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees, expenses, and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) inaccurate or untruthful Content or other information provided by you to VL or that you submit, transmit, or otherwise make available through the Sites and Services; and (c) any intentional or willful violation of any rights of another or harm you may have caused to another. VL will have sole control of the defense of any such damage or claim.

 

   20. LIMITATIONS OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITES AND SERVICED; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY VL OR THE FAILURE OF VL TO PROVIDE THE SITES AND SERVICES; AND/OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

 

   21. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

 

You understand that Content and reports or records on the Sites and Services has significant value to VL and that the damage caused to VL for any violation of these Terms of Use pertaining to Content or reports or records on the Sites and Services will be difficult to estimate. Therefore, you shall be liable to pay VL the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of VL’s damages for the specified breaches of these Terms of Use: (a) If you post Content in violation of these Terms of Use, you agree to promptly pay VL One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. VL may (but shall not be required to) issue you a warning before assessing damages; (b) If you display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold, or exploited for any purpose; (c) If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged, or otherwise affected by you.

 

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages incurred by VL, including, but not limited to, attorneys’ fees and expenses and court costs, to the extent that such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, VL reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

 

   22. ENTIRE AGREEMENT

 

These Terms of Use and other agreements, rules, and policies incorporated by reference into these Terms of Use, including, but not limited to, VL’s Privacy Policy, constitutes the entire agreement between you and VL. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and VL regarding the subject matter contained in these Terms of Use. Additional terms and conditions might exist between you and third parties, including, but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to VL under these Terms of Use.

 

   23. ARBITRATION AGREEMENT

 

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy, or claim, past, present, or future, between you and VL, including, but not limited to, any dispute or claim that relates to or arises out of these Terms of Use (each, a “Dispute”), you and VL may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to VL. VL’s address for such notices is: VictorslistsLLC, Attention: Legal Department, 20 Commerce Drive, Suite 105, Cranbury, New Jersey 07016.

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Arbitration. If a Dispute is not resolved by or as a result of Informal Negotiations, then in that event, you and VL agree to resolve any and all Disputes (except those Disputes expressly excluded below) by means of final and binding arbitration (the “Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration proceeding will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, when appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, as applicable, limited by the AAA Consumer Rules). If you are unable to pay some or all such costs, then VL might agree to pay such arbitration fees and expenses. Each party will pay the fees for such party’s attorney or attorneys, subject to any remedies to which that party might later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described below.

 

Excluded Disputes. You and VL agree that the following Disputes are excluded from this Arbitration Agreement: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) individual claims in small claims court; (c) any claim that an applicable federal statute expressly states cannot be arbitrated; and (d) any claim for injunctive relief.

 

CLASS ACTION WAIVER; WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and VL agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action. Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability, or formation of this Class Action Waiver may only be determined by a court, and not by an arbitrator.

 

Rules/Standards Governing Arbitration Proceeding. A party that desires to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding not later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in such party’s individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without the authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their respective cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county in which you reside, unless each party otherwise agrees. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision or award.

 

Severability. You and VL agree that if any portion of this Arbitration Agreement is deemed illegal or unenforceable, that portion will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.

 

   24. GOVERNING LAW

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule (either of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey.

 

   25. NOTE TO USERS OUTSIDE THE UNITED STATES

 

Victor's Lists is designed for use by parents, guardians, and families of special needs children and adults in the United States of America.  If you reside in a country other than the United States of America, you represent and warrant that your use of Victorslists will not violate any applicable law, rule or regulation in your home country, or the professional rules of any professional association or body in your home country with which you are affiliated, and that your use of the Sites and Services will not breach or violate any of same.  You indemnify Victorslists LLC, its managers, members, employee,s and agents, from and against any loss, claim, damage, liability, cost or expense which any of them may incur arising from or in connection with your knowing or unknowing violation of the foregoing representation and warranty.  Victorslists reserves the right to terminate your membership without notice in the event it learns or suspects that your use of the Sites and Services violates any applicable law, rule or regulation in any country in which Victorslists’ users reside or work.

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   26. MISCELLANEOUS

 

If you breach any term of these Terms of Use or other agreement with VL, VL may then pursue any legal or equitable right or remedy available, including, but not limited to, direct, consequential, and punitive damages, and injunctive relief. VL’s rights and remedies are cumulative and not exclusive. Any delay by or failure by VL in exercising any right or remedy, or in seeking to enforce any portion of these Terms of Use at any time shall not operate as a waiver of any right or remedy, or of the right to enforce any portion of these Terms of Use at any time thereafter.

 

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the other Terms of Use shall otherwise remain in full force and effect and be enforceable.

 

These Terms of Use are not assignable, transferable, or sublicensable by you except with the prior authenticated consent of VL. We may transfer, assign, or delegate our rights and remedies under these Terms of Use, and any one or more of VL’s rights and obligations, without consent.

 

Users of the Sites and Services are responsible for compliance with all applicable regulations and laws.

 

No joint venture, partnership, employment, or agency relationship exists between you and VL as a result of these Terms of Use or use of the Sites and Services.

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