Last updated: May 31, 2023
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and ListSMRT, doing business as ListSMRT ("ListSMRT", "we", "us", or "our"), concerning your access to and use of the http://www.listsmrt.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
By submitting suggestions or feedback about the site, you grant ListSMRT the right to use and share that feedback without any compensation to you. ListSMRT does not claim ownership over your Contributions and you retain full ownership and intellectual property rights associated with them. ListSMRT is not responsible for the content or representations in your Contributions. You are solely responsible for your Contributions and agree not to take any legal action against ListSMRT regarding them.
As part of the site's functionality, you may link your account with third-party service providers ("Third-Party Accounts"). By linking your account, you authorize ListSMRT to access and store the content you have provided in your Third-Party Account. Depending on your privacy settings, information you post on Third-Party Accounts may be accessible through your ListSMRT account. ListSMRT may also access your email address book and contacts list for purposes of identifying contacts who have registered to use the site. You have the ability to disable the connection between your ListSMRT account and Third-Party Accounts at any time. ListSMRT is not responsible for the content or practices of Third-Party Websites or Third-Party Content accessed through the site.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and will become the sole property of ListSMRT. We will have exclusive rights, including all intellectual property rights, and can use and distribute these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. By providing Submissions, you waive all moral rights, and you warrant that the Submissions are original or that you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
The Site may include links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, opinions, reliability, privacy practices, or policies. Including or linking to Third-Party Websites or permitting the use or installation of Third-Party Content does not imply our approval or endorsement. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. You should review the terms, policies, and practices of any website you visit or application you use. Any purchases made through Third-Party Websites are solely between you and the third party, and we are not responsible for them. You agree to hold us harmless from any harm or losses resulting from your purchase of products or services on Third-Party Websites or any interaction with Third-Party Content.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take legal action against any user who violates the law or these Terms of Use, including reporting such users to law enforcement; (3) refuse, restrict, limit access to, or disable any of your Contributions or any portion thereof; (4) remove or disable files and content that burden our systems; and (5) manage the Site to protect our rights, property, and ensure its proper functioning.
We prioritize data privacy and security. Please review our Privacy Policy: https://listsmrt.webflow.io/privacy-policy. By using the Site, you agree to adhere to our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in Australia. If you access the Site from a region outside Australia with different laws or requirements concerning personal data collection, use, or disclosure, you are transferring your data to Australia and consenting to its processing in Australia.
While you use the Site, these Terms of Use remain in effect. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON. THIS INCLUDES BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT STATED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, DELETE YOUR ACCOUNT, AND REMOVE ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME WITHOUT WARNING, AT OUR SOLE DISCRETION.
If your account is terminated or suspended for any reason, you are prohibited from creating a new account using your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue legal action, including civil, criminal, and injunctive measures.
While you use the Site, these Terms of Use remain in effect. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETIOWe reserve the right, at our sole discretion and without notice, to change, modify, or remove any content on the Site for any reason. We are not obligated to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site.
We cannot guarantee the continuous availability of the Site. We may experience hardware, software, or other issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time or for any reason, without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. These Terms of Use do not obligate us to maintain or support the Site or provide any corrections, updates, or releases in connection with it.
These Terms shall be governed by and interpreted according to the laws of Australia. ListSMRT and yourself irrevocably agree that the courts of Australia shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.
To facilitate the prompt resolution of any disputes, controversies, or claims arising from these Terms of Use ("Disputes"), ListSMRT and you agree to first attempt to resolve any Dispute informally. This informal negotiation period shall be a minimum of thirty (30) days and will begin upon written notice from one party to the other.
The Parties agree that certain Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration. These exceptions include Disputes related to intellectual property rights, allegations of theft, piracy, invasion of privacy, unauthorized use, and claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, the Parties will resort to a court of competent jurisdiction in the specified jurisdiction, and the remaining provisions shall remain in effect.
ListSMRT reserves the right to correct any typographical errors, inaccuracies, or omissions on the Site without prior notice. This includes descriptions, pricing, availability, and other information. ListSMRT is not obligated to update or notify users of such corrections.
The Site is provided on an as-is and as-available basis. By using the Site, you agree that your use of the Site and its services is at your own risk. ListSMRT disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. ListSMRT makes no warranties or representations about the accuracy or completeness of the Site's content or the content of any linked websites. ListSMRT will not be liable for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage resulting from the use of the Site, unauthorized access to or use of secure servers, interruption or cessation of transmission, bugs, viruses, or other harmful components, or any loss or damage incurred from using content posted on the Site. ListSMRT does not endorse or assume responsibility for any products or services advertised or offered by third parties through the Site.
In no event shall ListSMRT, its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site. ListSMRT's liability to you for any cause whatsoever shall be limited to the amount paid by you to ListSMRT during the six (6) months preceding the cause of action. Some jurisdictions do not allow the limitation of implied warranties or the exclusion or limitation of certain damages, so these limitations may not apply to you.
You agree to defend, indemnify, and hold ListSMRT and its subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising from your use of the Site, breach of these Terms of Use, breach of your representations and warranties, violation of third-party rights, or any harmful act towards another user of the Site. ListSMRT reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with ListSMRT's defense.
While ListSMRT maintains and manages certain data transmitted through the Site, including your use of the Site, you are solely responsible for all data you transmit or that relates to your activities on the Site. ListSMRT performs routine backups, but it is not liable for any loss or corruption of such data. You waive any right of action against ListSMRT arising from any loss or corruption of data.
By visiting the Site, sending emails, or completing online forms, you consent to receive electronic communications. All agreements, notices, disclosures, and other communications provided to you electronically via email or on the Site fulfill any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by ListSMRT. You waive any rights or requirements under any laws that require non-electronic records or signatures.
These Terms of Use, along with any posted policies or operating rules, constitute the entire agreement between you and ListSMRT. Failure to enforce any right or provision of these Terms of Use shall not be considered a waiver. These Terms of Use are governed by the fullest extent permissible by law. ListSMRT may assign its rights and obligations to others. ListSMRT shall not be responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond its reasonable control. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it shall be deemed severable, and the remaining provisions shall remain valid and enforceable. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and ListSMRT. You waive any defenses based on the electronic form of these Terms of Use and acknowledge that they have been drafted by ListSMRT.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@listsmrt.com