Welcome to ListShops.com
By using our site, you are agreeing to comply with and be bound by the
If you do not agree to these terms, you should not use this site. The
term “ListShops”, “us” or “our”
refers to ListShops.com , the legal name of the owner of the Web
site. The term “you” refers to the user or viewer of our
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this
(the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
The Site, including any content, software and services
offered thereon, are the property of ListShops.com and its suppliers.
It is protected by the copyright and/or other intellectual property
laws of India and internationally. You are hereby authorized solely
to view and to retain a copy of pages of this Site for your own personal
use. Do not duplicate, publish, modify, or otherwise distribute the
material on this Site unless specifically authorized in writing by ListShops.com to do so. You hereby acknowledge and agree that, as between ListShops.com and you, all right, title, and interest in and to the Site and the provision
thereof, including without limitation any patent rights, patents, business
methods, copyrights, trademarks, trade secrets, inventions, know-how,
and all other intellectual property rights pertaining thereto, shall
be owned exclusively by ListShops.com . Except as expressly authorized
by ListShops.com herein, you agree not to make, copy, display,
modify, rent, lease, license, loan, sell, distribute, or create derivative
works of the Site, in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No print
out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever under
4. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved from it; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials
from the Site; (d) use any Content and Materials from the Site in any
manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary
the Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export the Site or
any portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
5. Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents and
legal documents (collectively, “Documents”). All Documents
are provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents are
provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED
“AS IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the
Site is not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm
and the Site is not a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not
engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy or
problem in the advertiser’s or sponsor’s materials.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information available
on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing
on the Site.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH
“ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR
DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site or any
services or products obtainable therefrom, (b) the unavailability or
interruption of the Site or any features thereof, (c) your use of the
Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE
AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF
ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
14. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will
forever be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
15. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended
to identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
16. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site
on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
This Agreement shall be treated as though it were executed
and performed in San Francisco, California, and shall be governed by
and construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement.
This Agreement and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion to a third
party in the event of an acquisition, sale or merger. If any provision
of this agreement is held illegal, invalid or unenforceable for any
reason, that provision shall be enforced to the maximum extent permissible,
and the other provisions of this Agreement shall remain in full force
and effect. If any provision of this Agreement is held illegal, invalid
or unenforceable, it shall be replaced, to the extent possible, with
a legal, valid, and unenforceable provision that is similar in tenor
to the illegal, invalid, or unenforceable provision as is legally possible.
To the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this
Agreement. The title, headings and captions of this Agreement are provided
for convenience only and shall have no effect on the construction of
the terms of this agreement.
Any legal controversy or legal claim arising out
of or relating to this Agreement or our services, excluding legal action
taken by us relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules of JAMS applicable at the time
the arbitration commences. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall
be conducted in San Francisco, California. Each party shall bear its
own attorneys' fees. Each party shall bear one-half of the arbitration
fees and costs incurred through JAMS.