Terms of Use

This website is owned by List Funding Inc. and its affiliates (collectively, “LIST”).

Please read these website terms of use (“Terms of Use”) carefully before starting to use this website. By accessing, viewing, or using the systems, services or materials contained within this website (the “Site”), you indicate your understanding of these Terms of Use, and further agree to accept such Terms of Use and to be legally bound by them without limitation or qualification. If you do not wish to agree to these Terms of Use, you should leave and cease using this Site in any manner. These Terms of Use may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current conditions to which you are bound.

DISCLAIMER

To the fullest extent permissible pursuant to applicable law, the materials on this website are provided as is and without warranties of any kind, either expressed or implied. LIST hereby disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LIST does not warrant that the functions and tools made available to users of the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. LIST does not warrant or make any representations regarding the use or the results of the use, of the offerings on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not LIST) assume the entire cost of all necessary servicing, repair, or correction. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions and are provided solely for general informational purposes. Please refer to the agreement that you sign with LIST for those terms which govern any investment transaction that you seek to consummate via our website.

BINDING AGREEMENTS

The provisions of these Terms of Use notwithstanding, you may be required by LIST to sign a binding agreement in connection with an investment transaction that is facilitated through the website.  In the event of a conflict between these Terms of Use and the provisions in any such agreement, the agreement shall govern in respect of such transaction.

THIRD PARTY CONTENT

This website may be linked to other websites which are not maintained by LIST. LIST is not responsible for the content of such websites. The inclusion of any link to such websites does not imply LISTS’ approval or endorsement of such sites or the content thereof. LIST cannot guarantee that the links set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom LIST has no control. LIST cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, LIST assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. LIST believes that our making available links to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.

USE OF THE INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While LIST endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the website, the confidentiality of any communication or material transmitted to or from LIST via the website, other web sites or e-mail cannot be guaranteed, including personal information such as your address or social security number. LIST will not be liable for any loss resulting from a cause over which LIST has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

LIMITATION OF LIABILITY

While LIST uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. To the fullest extent permissible pursuant to applicable law, LIST makes no warranties or representations as to the accuracy of the content of this website and under no circumstances, including, but not limited to, negligence, shall LIST or any party involved in creating, producing, or delivering this website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if LIST or a LIST authorized representative has been advised of the possibility of such damages. In no event shall LISTS’ total liability to you for all damages, losses, and causes of action exceed the sum of US$100.00. LIST also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website.

RESTRICTIONS ON USE OF MATERIALS

This website is owned and operated by LIST. Except as otherwise expressly permitted by LIST, no materials from this website or any website owned, operated, licensed or controlled by LIST may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without LISTS’ prior written permission. LIST neither warrants nor represents that your use of materials displayed on this website will not infringe upon rights of third parties.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless LIST, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, members, employees, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the website, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws.

JURISDICTIONAL ISSUES

Unless otherwise expressly set forth herein, LIST makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Except as expressly set forth herein, the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service offered by LIST. No security, insurance product or other product or service is offered or will be sold by LIST or, if sold by LIST, will be effective in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. The content and materials contained in this website is to be construed in accordance with and governed by the internal laws of the State of New Jersey, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New Jersey to the rights and duties of the parties.

OWNERSHIP OF INFORMATION

Any information, other than personal data or information you transmit to LIST via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of LIST. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. LIST is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to LIST via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

TRADEMARKS AND COPYRIGHTS

All trademarks, service marks, trade names, logos, and icons are proprietary to LIST. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of LIST. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with the permission by LIST. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by LIST. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

SOFTWARE LICENSES

You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export control laws and regulations. LIST does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export controls laws and regulations.

UPDATES

LIST reserves the right to change these Terms of Use in order to address future developments of LIST, the website or changes in industry or legal trends.

MANDATORY, BINDING ARBITRATION

You agree that any claim or dispute between you and LIST or any officer, director or employee of LIST related to your use of this website or any information herein, including the validity of this provision regarding Mandatory, Binding Arbitration, regardless of the amount or value of such claim or dispute, will be resolved by mandatory, binding arbitration administered by the National Arbitration Forum in accordance with its Code of Procedure then in effect, except that any arbitration will be conducted in, and any hearing will be held in, the State of New Jersey. Information may be obtained and claims may be filed at any office of the National Arbitration Forum (www.arb-forum.com) or at P.O. Box 50191, Minneapolis, MN 55405. This provision regarding Mandatory, Binding Arbitration will be governed by the Federal Arbitration Act.

ACCESS TO PASSWORD PROTECTED OR SECURE AREAS

Access to and use of password protected or secure areas of this website are restricted to authorized persons only. Any user who accesses or attempts to access such areas without authorization may be subject to prosecution.

 

Last Updated: March 2020

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