Terms of Service

Last Updated: January 31, 2014.

The following terms and conditions govern your access to and use of the InnerList.com website and applications, (collectively, the “Services”), owned and operated by InnerList, Inc. (“InnerList”). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, InnerList’s Privacy Policy) and procedures that may be published from time to time on InnerList.com/tos by InnerList (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Services. By accessing or using the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by InnerList, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 13 years old.

Basic Terms

You are responsible for any information, text, graphics, photos or other materials downloaded or saved to the Services (collectively, referred to as “Content”), and for any consequences thereof.

If you elect to use any third party service or application that is integrated with the Services, and if the third party service or application you elect to use would access or extract Content, you grant InnerList the right and license to enable such access to and extraction of your Content. InnerList does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.

Intellectual Property

This Agreement does not transfer from InnerList to you any InnerList or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with InnerList. Trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of InnerList or third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any InnerList or third-party trademarks.

Changes

InnerList reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. InnerList may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties

The Services are provided “as is”. InnerList and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither InnerList nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

Limitation of Liability

In no event will InnerList, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to InnerList under this agreement during the twelve (12) month period prior to the cause of action. InnerList shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the InnerList Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless InnerList, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between InnerList and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of InnerList, or by the posting by InnerList of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Alameda County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; InnerList may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Credit

The above Terms of Service were adapted from these Terms of Service made available by Automattic, Inc. under a Creative Commons Sharealike license.