These Terms of Service of Use (“Terms”) are entered into by and between you and Letuz, LLC, d/b/a Mary’s List (“Mary’s List,” “we,” “us,” or “our”). These Terms govern the relationship between Mary’s List and you, our site visitor (“Visitors”), and/or those who create an account with us as either a professional or a Business (collectively, “Professional(s)” and “Business(es)” and individually, “you” or “your”), with respect to your use of the Internet site located at www.MarysList.co (the “Site”) and your purchase of any of our Internet Services from the Site (“Services”). By visiting or using the Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by these Terms. In consideration of your use of and access to the Site (and the promises and obligations herein, and intending to be legally bound), you and Mary’s List hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any modifications issued by Mary’s List to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. Among other things, Mary’s List provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.
The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.
2. Changes in Terms
We shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Mary’s List to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Mary’s List shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of Mary’s List.
3. Creating an Account to Use the Site
3.1 In order to use the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with us and will be considered either a Business or a Professional (together, “Member”). To register as Member or to use the Site and Site Services, you hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; and (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Business or Professional services.
3.3 When you register for a Member account and from time to time, your account will be subject to verification including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on the Site. You authorize Mary’s List, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
3.4. Under some circumstances, as part of the process of creating an account and becoming a Member, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Projects, Professionals’ resumes and other features on the Site may be used only by staffing firms, employment agencies, recruiting firms, individuals seeking employment and/or career information and by employers seeking employees. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to share, transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at firstname.lastname@example.org.
By creating an account with Mary’s List, you expressly acknowledge, agree and understand that:
4.1 the Site is merely a venue where Users may act as Business and/or Professional Members and contract for project-based work;
4.2 Mary’s List does not introduce Businesses to Professionals, but rather, makes the Site available for Users to engage one another amongst themselves;
4.3 Mary’s List is not a party to any Service Contracts between Businesses and Professionals;
4.4 you are not an employee of Mary’s List, and Mary’s List does not, in any way, supervise, direct, or control the Professional or the services they provide;
4.5 Mary’s List will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users;
4.6 Mary’s List has no control over Professionals or the Services offered or rendered by Professionals;
4.7 Mary’s List is not responsible for any loss, damage expense or delay arising from a Professional’s failure for all or part of the Services provided;
4.8 Mary’s List does not accept any liability for any negligent or dishonest act, any misconduct, nor lack of skill on behalf of the Professional, whether intentional or otherwise; and
4.9 Mary’s List makes no representations as to the reliability, capability, or qualifications of any Professional or the quality, security, or legality of any Services, and Mary’s List disclaims any and all liability relating thereto.
5. Third-Party Beneficiary
Business and Professional acknowledge and agree that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements in their Service Contract. Business and Professional therefore appoint Mary’s List as a third-party beneficiary of their Service Contracts for purposes of enforcing the obligations owed to, and the benefits conferred on, Mary’s List by the Service Contract. Business and Professional further agree that Mary’s List has the right to take such actions with respect to the Service Contract or their Accounts, including, without limitation, suspension, termination, or legal actions, as Mary’s List, in our sole discretion, deems necessary to enforce our rights as a third-party beneficiary under the Service Contract.
6.1 These Terms are effective until terminated by Mary’s List. Mary’s List may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and/or the Services and the restrictions imposed on you with respect to Our Content (Section 7), the User Content (Section 13), the disclaimers (Section 15), indemnities (Section 17), limitations of liabilities (Section 16) and the Binding Arbitration Clause (Section 19) set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate the Site and/or the Services or any portion thereof, or any products or services offered through Mary’s List, the Site, and/or the Services, or to terminate any Member’s right to access or use the Site, and/or the Services or any portion thereof.
6.2 You may terminate your account at any time by sending an e-mail to email@example.com with the subject line, “Terminate Account.” Your account will terminate upon the date the correspondence is received by Mary’s List. Subject to Section 3, you may reapply for a user account at a later date.
7. Ability to Contract
You affirm that you are either a valid and subsisting legal entity or an individual who is at least eighteen (18) years of age or older to visit or use the Site in any manner, and if under the age of majority as that is defined in your jurisdiction, must use the Site under the supervision of a parent, legal guardian, or other responsible adult. You also affirm you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Notwithstanding the foregoing, certain states may impose age restrictions for a particular Project. Please consult your individual state laws to see if you qualify to work on a particular Project.
8. Compliance with Laws
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the products or Services on the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Our Content.” Our Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any of Our Content at any time and without prior notice. Our Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all of our Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Mary’s List or by third parties that have licensed their use to us. You may view and use Our Content only for your personal information and for no other purpose. You may not use Our Content or a User’s Content to determine a consumer’s eligibility for: (i) credit or insurance for personal, family, or household purposes; (ii) employment; or (iii) a government license or benefit. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms and shall remain the property of Mary’s List and/or its licensors and/or suppliers. Except as provided in the foregoing, we do not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of Our Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any of Our Content onto any disk drive or other storage medium. Any use of Our Content, except as specifically permitted in these Terms or as otherwise expressly permitted in Our Content or in writing signed by Mary’s List, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mary’s List’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Mary’s List, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.
10. Third Party Links
11. Code of Conduct
You agree not to:
11.1 Engage in spamming or phishing attacks;
11.2 Transmit (a) any User Content (as defined below) or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others on the Site, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
11.3 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
11.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;
11.5 Upload any User Content that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Site;
11.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site or Services;
11.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
11.8 Use any means to circumvent the Site, Information or the Services in connection with recruiting Professionals or bidding on a Project.
11.9 Use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
11.10 “Frame” or “mirror” any part of the Site without our prior written authorization;
11.11 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Information, Our Content or User Content;
11.12 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; and/or
11.13 Harvest or collect information about the Site’s visitors, other Professionals, or other Businesses without their express consent.
12. Terms Applicable to Businesses
12.1 Subject to the Terms herein, a single Project listing may only advertise a single service that is needed.
12.2 In addition to the limitation outlined in this Section 10, Project listings may not contain:
- any hyperlinks, other than those specifically authorized by us;
- links or materials that exploit third parties in a sexual, violent or other manner, or solicits personal information from anyone under the age of 18;
- the names, logos, or trademarks of unaffiliated companies other than those of you or your client, unless expressly agreed to in writing by said unaffiliated company and us;
- the names of academic institutions, cities, states, towns, or countries that are unrelated to the Project listing; and
- more than one Project or Project description, more than one location, or more than Project category.
12.3 Businesses may not:
- list a Project in a manner that is not compliant with applicable local, and state or foreign country-specific international laws including, but not limited to, laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- list a Project that requires citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- list a Project that includes any screening requirement or criterion in connection with the Project where such requirement or criterion is not an actual and legal requirement of the Project listing;
- list a Project or other advertisement of companies that compete with us or list a Project or other User Content that contains links to any company that competes with us;
- sell, promote or advertise products or services;
- list any franchise, pyramid scheme, “club Usership,” distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- list any business opportunity that requires an advanced or periodic payment or requires recruitment of other Users, sub-distributors or sub-agents;
- list any business opportunity that pays commission only unless the description of the Project listing clearly states that the available Project pays commission only and clearly describes the product or service that the Professional would be selling;
- promote any opportunity that does not represent bona fide employment which is generally indicated by the Business’ use of IRS forms W-2 or 1099;
- modeling, acting, talent or entertainment agencies or talent scouting positions;
- advertise sexual services or seek employees for jobs of a sexual nature; and
- promote a particular religion.
If Businesses violate any of the above terms through their use of the Site at any time by having made a misrepresentation of fact to us or otherwise misled us into the nature of their business activities, we will have grounds to terminate the Business’ use of the Site.
12.4 Businesses are solely responsible for their listings on the Site. Mary’s List is not to be considered to be an employer with respect to Business’ use of the Site. and we shall not be responsible for any employment decisions, for whatever reason, made by any entity listing Projects on the Site.
12.5 You understand and acknowledge that if you cancel your Business account or your Business account is terminated, all your account information from the Site, including saved resumes, network contacts, and email mailing lists, will be marked as deleted and may be deleted from our databases. The aforementioned information may continue to be available for some period of time because of delays in propagating such deletion through our web servers.
12.6 In order to protect you from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails which a Business may send to other Professionals or Businesses to a number which we deem appropriate in our sole discretion. You shall use the Site and profiles in accordance with all applicable privacy and data protection laws.
12.7 Business’ Use of our Premium Database of Professionals
If Businesses choose to purchase access to our Premium Database of Professionals, the following shall apply to your use of our database:
- You shall use our Premium Database of Professionals in accordance with all applicable privacy and data protection laws, and agree that you shall not disclose any of the data contained in the Premium Database of Professionals to any third party, unless you are a recruitment agency, staffing agency, advertising or other agency or using the database explicitly for employment purposes.
- You shall take appropriate physical, technical, and administrative measures to protect the data contained in the Premium Database of Professionals from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share your login credentials of the Premium Database of Professionals with any third parties.
You shall not use your Premium Database of Professionals:
- for any other purpose other than for staffing, recruitment, or as an employer seeking a freelancer or other service Professional, including but not limited to advertising promotions, products, or services to any Professionals;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Professionals or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- to source candidates or to contact Professionals in regards to career fairs and business opportunities.
- In order to ensure a safe and effective experience for Professionals, we reserve the right to limit the amount of data (including resume views) that may be accessed by Businesses in any given time period. These limits may be amended in our sole discretion from time to time.
13. Guidelines for Professionals
13.1 You understand, acknowledge, and agree that Businesses are solely responsible for their listing of Projects, and we shall not be responsible for any employment decisions, for whatever reason, made by any entity listing Projects on the Site. You also acknowledge, agree and understand that you are solely responsible for determining which Projects to accept; the time, place, manner, and means of your services; the type of services you provide; and the price you charge for your service or how that pricing is determined or set. You further understand, acknowledge, and agree that (a) you are not considered an employee of Mary’s List, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or worker’s compensation insurance); (b) Mary’s List will not have any liability or obligations under or related to any service or Professionals contracts you make with Businesses and for any acts or omissions by you or others; (c) Mary’s List does not, in any way, supervise, direct, or control any of your services; does not impose quality standards or a deadline for completion of any your services; and does not dictate the performance, methods or processes you use to perform services; (d) you are free to determine when and if to perform your services, including the days worked and time periods of work, and Mary’s List does not set or have any control over your pricing, work hours, work schedules, or work locations, nor is Mary’s List involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to you for a Project; (d) you will be paid at such times and amounts as agreed with a Business in a given contract, and Mary’s List does not, in any way, provide or guarantee you a regular salary or any minimum, regular payment; (e) Mary’s List does not provide you with training or any equipment, labor, tools, or materials related to any contracts that you make with Businesses; and (f) Mary’s List does not provide you with premises at which you will perform the work. You may use subcontractor(s) or your own employee(s) to perform the work on behalf of Businesses and you may delegate work on fixed-price contracts or by agreeing with Businesses to have hourly contracts for your subcontractor(s) or employee(s). Understand, however, that if you use subcontractors or employees, your further expressly understand, acknowledge, and agree that this paragraph applies to Mary’s List’s relationship, if any, with your subcontractors and employees as well and you are solely responsible for your subcontractors and employees.
13.2 You understand, acknowledge, and agree that if you cancel your Member account or your Member account is terminated, all your Member account information from the Site, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from our databases. Information may continue to be available for some period of time because of delays in propagating such deletion through our web servers.
13.3 In order to protect others who use our Site from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails or chat messages which Businesses may send to Professionals to a number which we deem appropriate in our sole discretion. You shall use your profile in accordance with all applicable privacy and data protection laws.
13.4 You understand and agree that as a service for using Mary’s List, Mary’s List will collect a 10% service fee from the total project cost, as listed below in the Payments section.
13.5 Formal Invoices and Taxes: Mary’s List will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Professional Fees. Professional will solely be responsible for determining whether it is required by applicable law to issue any formal invoices for the Professional’s Fees.
14. Payment Terms
14.1 You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable [see the How It Works page for a description of fees and charges]. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide Mary’s List’s third-party payment provider with a valid routing and account number or other verified payment information to use the Service. We reserve the right to modify our fees and charges and to introduce new charges at any time.
14.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you believe your bill is incorrect, you must contact us via email at firstname.lastname@example.org within sixty (60) calendar days.
14.3 You agree to provide us with complete and accurate billing and contact information. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service in addition to any other legal remedies.
14.4 Unless otherwise agreed to by us, amounts will be billed in U.S. dollars.
14.5 Service Fee
Professional agrees that when a Business pays a Professional or funds related to a Project are otherwise released to a Professional, Mary’s List will first deduct and disburse to Mary’s List a 10% service fee for creating, hosting, maintaining, and providing the Site Services available on the Site, and then credit the balance into the Professional’s Account.
14.6 Obligation to Use the Site for Payment Processing
Business and Professional are obligated to use the Site to pay and receive payment for Professional Services if they identified each other through the Site, as detailed in the "Exclusivity and Non-Circumvention," section (section 15) below.
If a Business fails to pay a Professional’s Fees or any other amounts due under their Agreement, whether by cancelling Business’ credit or debit card, initiating an improper chargeback, or any other means, Mary’s List may suspend or terminate Business' Account, the processing of any additional payments, and any Professional Services in progress. Without limiting other available remedies, a Business must pay Mary’s List upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Mary’s List, at our discretion, may set off amounts due against other amounts received from or held by Mary’s List, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
14.8 No Return / Partial Refund of Funds
Business acknowledges and agrees that Mary’s List will charge Business’ designated Payment Method for the Professional Fees for Fixed-Price Contracts, upon Professional’s acceptance of the Professional Services. Therefore, and in consideration of the Site Services provided by Mary’s List and the services provided by our payment processors, Business agrees that once Mary’s List charges Business' designated Payment Method for the Professional Fees as provided in these Terms of Service, the charge is non-refundable, except as otherwise required by applicable law or the Professional terminates the Service Contract. Business therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Professional Fees or other Fees charged pursuant to these Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of these Terms of Service. If Business initiates a chargeback in violation of these Terms of Service, Business agrees that Mary’s List will be entitled to the full amount that has been improperly charged back plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. It is hereby clarified that only in the event the Professional terminates the Service Contract before completing the Project, the Business will be entitled to a refund a pro-rata share of Professional’s Fees which will include, but not limited to, fees for the portion of the work done and Mary’s List’s service fees.
14.9 Payment Methods
In order to use certain Site Services, Business must provide account information for at least one valid Payment Method.
Business hereby authorizes Mary’s List to run necessary authorizations on the Payment Method provided by Business, to store such details as Business’ method of payment for Services, and to charge such Payment Method in accordance with the terms of these Terms of Service.
By providing Payment Method information through the Site, Business represents, warrants, and covenants that: (a) Business is legally authorized to provide such information to us; (b) Business is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Business’ use of such Payment Method(s) or applicable law. When Business authorizes a payment using a Payment Method via the Site, Business represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms of Service cannot be collected from Business’ Payment Method(s), Business is solely responsible for paying such amounts by other means. We reserve the right to seek reimbursement from you, and you will reimburse us, if we discover erroneous or duplicate transactions or we receive a chargeback from your Payment Method for any reason. You agree that we have the right to obtain such reimbursement by deducting amounts from future payments or withdrawals, charging your Payment Method(s), or obtaining reimbursement from you by any other lawful means. Without limiting any of our other rights or remedies, we may also charge interest and/or terminate your Account immediately upon your failure to reimburse us for chargebacks or other amounts owed under these Terms of Service.
15. Exclusivity and Non-Circumvention
Users acknowledge and agree that a substantial portion of the compensation Mary’s List receives for making the Site available is collected as a deduction of the Service Fee described in the previous subsection titled "Service Fee." Mary’s List only deducts this Service Fee when a Business pays and a Professional receives payment through the Site. Therefore, for 24 months from the time Users identify or are identified by any party through the Site (the "Exclusivity Period"), Users must use the Site as their exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of their relationship with that party (the "Mary’s List Relationship")
Users agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, Users must not:
- i. Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site.
- ii. Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
- iii. Invoice or report on the Site an amount lower than that actually agreed between Business and Professional.
- You agree to notify Mary’s List immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report of this behavior to Mary’s List by emailing us at email@example.com.
16. Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Mary’s list has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:
Agent Designated to Receive Notification of Claimed Infringement:
Letuz LLC d/b/a Mary’s List
2901 Walnut Street
Denver, Colorado 80205
Phone #: (720) 507-5449
17. Limitation on use of the Site
17.1 We have no obligation to monitor the Site or other User Content (including, but not limited to, testimonials, Project listings, Professional’s resumes, etc.) that you or other third parties transmit or post on the Site (collectively, “User Content”). You understand, acknowledge, and agree that we have the right (but not the obligation) to monitor the Site and the User Content you transmit or post; to alter or remove any such User Content; to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, other Businesses, Professionals and visitors on the Site; and to comply with legal obligations or governmental requests. The information and opinions posted in the User Content on the Site are not necessarily those of Mary’s List or its affiliates, and we make no representations or warranties regarding such posted User Content. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or forums by third parties, whether such third parties are visitors to the Site, Users of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, User Content or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the User Content through the Site.
17.2 You represent and warrant to us that (a) the User Content does not and will not infringe any rights of any third party(ies), and that the User Content does not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the User Content have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into these Terms and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the User Content.
17.3 You are solely responsible for all User Content you upload. You understand that your User Content may be intermittently selected and featured on Mary’s List Featured Projects section on the Site. To opt out of this prospect, be removed and/or not considered, you shall send formal notice in an email to firstname.lastname@example.org with the subject line, “Opt Out.”
17.4 By posting or submitting User Content on or to our Site (regardless of the form or medium with respect to such User Content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such User Content on our Site and our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such User Content, and to distribute such User Content and use such User Content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit others to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
17.5 You grant a non-exclusive license to us with regard to the User Content you have submitted for the term of your copyright, and that the User Content may be used by us as we may determine and at our sole discretion in any medium now known or hereafter developed. Mary’s List reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such User Content including, but not limited to, education, publicity and promotion.
18.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) MARY’S LIST AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “OUR REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE SITE IS CURRENT AND/OR UP-TO-DATE. WE AND OUR REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, THE SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MARY’S LIST OR ANY OF OUR REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
18.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
18.3 The Services are controlled and operated from our facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.4 MARY’S LIST AND OUR REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THOSE ON THE SITE, SERVICES AND/OR INFORMATION. MARY’S LIST AND OUR REPRESENTATIVES DO NOT CONTROL THE USER CONTENT POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT USER CONTENT FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. WE DO NOT SCREEN OR CENSOR THE PROJECT LISTINGS AND ARE NOT INVOLVED IN, AND DO NOT CONTROL, ANY TRANSACTIONS THAT MAY OCCUR BETWEEN BUSINESSES AND PROFESSIONALS. YOU MAY FIND SOME OF THE USER CONTENT POSTED BY OTHERS ON THE SITE TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE.
18.5 THROUGH YOUR USE OF THE SITE, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. MARY’S LIST AND OUR REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
19. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER MARY’S LIST NOR ANY OF OUR REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE IN AN AMOUNT NO GREATER THAN ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
20. Indemnity and Release of Claims
You agree to fully indemnify, defend and hold Mary List, any of our representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, suits, proceedings, actions, and demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from: (a) any User Content or other material you provide, (b) your use of any of Our Content, and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms, (ii) any allegation that any User Content you transmit to the Site infringes or otherwise violates the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (iii) your activities in connection with the Site (collectively, the “Claims”). Mary’s List shall provide notice to you promptly of any such Claim and shall have sole control of the defense and of all negotiations for settlement of any Claim; and (c) you shall cooperate with Mary’s List in the defense or settlement of any such Claim at your expense.
You hereby release and forever discharge Mary’s List (and its owners, directors, managers, officers, shareholders, employees, independent contractors and agents and successors and assigns of itself or its affiliates, and Our Representatives) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any dispute you have with Businesses, other Professionals, or any other third party, whether it be at law or in equity that exist as of the time you agree to these Terms, (ii) any interactions with, or act or omission of, our Site or Services, and (iii) any liability suffered as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of us in the design of our Site or Services. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the services provided by Professionals to Businesses and requests for refunds based upon disputes.
If you are a California resident or resident of a state with a similar applicable law, you hereby waive California civil code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
21. Force Majeure
None of Mary’s List or our representatives are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of us, including natural disasters, acts of God, war, terrorism actions, DNNEC attacks, or decrees of governmental bodies, exchange of market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of Mary’s List and Our Representatives with respect to the effected elements under these Terms will be suspended for the duration of such Force Majeure Event.
22. Dispute Resolution
22.1 Informal Dispute Resolution. If you have any issues or problems concerning the Site, and/or the Services, we encourage you to notify us immediately at email@example.com so that we can attempt to resolve your issue. Most issues or problems can be resolved quickly and amicably. However, in the event that you or Mary’s List or Our Representatives are unable to come to an amicable resolution within fifteen (15) calendar days of your submission, you or Mary’s List or our Representatives may bring a formal arbitration proceeding.
22.2 Formal Dispute Resolution: Binding Arbitration. Except for Section 22.7, you agree that any and all disputes will be submitted to and finally determined by arbitration as set forth in Sections 22.3-22.7 below. In such case, you would incur additional expense in connection with such arbitration. The decision of the arbitrator will be final and binding and neither Mary’s List and Our Representatives nor you will have the right to appeal such decision, whether in a court or in another arbitration proceeding. You understand that, by agreeing to arbitrate disputes as provided in these Terms, you, Mary’s List, and Our Representatives are waiving any and all statutory and other rights that we may have to a trial by jury in connection with any such dispute, claim or controversy. You may decline this agreement to arbitrate by e-mailing us at firstname.lastname@example.org within thirty (30) days of first accepting these Terms. Notwithstanding the provisions of this section and Sections 22.3-22.6; 22.8-22.9 and subject to Section 22, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you, Mary’s List, and Our Representatives are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless you, Mary’s’ List, and/or Our Representatives agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
22.3 Arbitration Procedures. If either you or us desire to initiate arbitration a written Demand for Arbitration must be provided to the other party as specified in the American Arbitration Association “AAA” Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_0.pdf). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If we are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/active-rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration will be conducted by one impartial arbitrator (who may be a former judge, practicing attorney or person who is not an attorney), selected by mutual agreement or, if you and Mary’s List cannot agree, the arbitrator will be selected in accordance with the AAA Rules.
22.4 Arbitration Process and Applicable Law. Unless you and Mary’s List otherwise agree, the arbitration will be conducted in New York, New York by one arbitrator. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Mary’s List submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will not award punitive damages to either party and you and Mary’s List will each be deemed to have waived any right to such damages. The arbitrator will, in rendering his or her decision, apply the substantive law of the State of New York (excluding its choice of law rules that would require the application of the laws of another jurisdiction). The award of the arbitrator will be rendered within the time frame specified in the AAA Rules. It will include a written explanation of his or her decision and specify the basis for any damages, which may include the costs and expenses of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above (Section 16) as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The written decision of the arbitrator will be final, binding and non-appealable and may be enforced in any court of competent jurisdiction.
22.5 Arbitration Fees. Except for the limitations on the fees on claims as set forth in Section 22.4 above, your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If your claim for damages is less than $75,000, however, Mary’s List will pay all such fees on claims unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
22.6 Confidentiality. The arbitration proceeding will be confidential. The existence of any matter submitted to arbitration, and the award, will be kept in confidence by you, Mary’s List, and the arbitrator, except as required in connection with the enforcement of such award or as otherwise required by applicable law.
22.7 Exceptions to Agreement to Arbitrate. Notwithstanding Sections 22.3-22.6 and subject to Section 21, either you or Mary’s List may (a) bring a lawsuit solely for intellectual property infringement in federal court in New York, New York without first engaging in arbitration or the informal dispute-resolution process described above, (b) assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work, or (c) bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site and/or the Services without first engaging in arbitration or the informal dispute-resolution process described above.
22.8 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
22.9 Venue for Other Types of Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Mary’s List agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Mary’s List consent to venue and personal jurisdiction there.
23. Electronic Documents
We may, in our sole discretion, seek your consent to these Terms and certain other agreements on the Site and/or the Services by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms, affirmatively “click” on boxes containing the words, “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms or accessing the Site and/or the Services or using any of the Information or Our Content after you have had an opportunity to review these Terms, you acknowledge and agree: (i) that we grant you access to the Site and/or the Services to form a legally binding contract between you and Mary’s List; (ii) that you have read and agree to the terms and conditions of these Terms; (iii) that you agree and intend that these Terms to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms, you acknowledge that you have received a copy of these Terms by your viewing a web page containing a hyperlink to the web page where these Terms are displayed or otherwise; and (v) that if you are executing these Terms on behalf of others, you hereby certify that you are an authorized representative authorized by law.
Should you have any questions, comments or complaints regarding these Terms, the Site, or the Services, please contact us at:
d/b/a Mary’s List
2901 Walnut Street
Denver, Colorado 80205
Or email us at: