Terms and Conditions

City List Pro

TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ACCESS OR USE THE SITES AND SERVICES.

These Terms of Service (which, together with the Business Terms below, are the “Terms”) take immediate effect for users accessing or using the Service with or without an Account. It is crucial to review the foregoing terms; please read them carefully.

DEFINITIONS

“The company” refers to: “We,” “us,” and “our” refer to City List Pro and its subsidiaries.
“Customer” refers to: “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or uses our Service in any way.
“Party” refers to: “Parties” or “We” refers to both customers and ourselves.
“Content” means: images, photos, audio, video, text, and all other forms of data or communication.
“City List Pro Content” refers to the content generated and provided by us.
“Your Content” refers to any content you provide or send through our Service, including, among others, ratings, reviews, photos, videos, compliments, votes and follows, direct messages, and any information you add to your user profile or recommend for a business page.
“User Content” refers to all content submitted or transmitted by users through or in connection with City List Pro Service.
“Third-Party Content” refers to content obtained from parties other than City List Pro, whether by its users, made available in connection with the Service.
“Service Content” is all content available in connection with the Service, including Your Content, User Content, City List Pro Content, and Third-Party Content.
“Consumer Site” designates the City List Pro consumer website (www.citylistpro.com or citylistpro.us and related domains) and mobile applications.
“Account” refers to any Consumer Account or Business Account.
“Consumer Account” means an account created and used by the consumer to access our site.
“Business Account” refers to the account for Business Owners established to access or use the City List Pro site (citylistpro.com, citylistpro.us, and related domains).

TRANSLATION OF TERMS

We have translated these Terms into different languages; it is understood that the translation may vary. However, the English version governs your relationship with City List Pro, and any inconsistency between different versions will be resolved in favor of the latest English version available and published on this site.

CHANGES TO THE TERMS

City List Pro reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. You are responsible for periodically reviewing the information posted on the Sites and Services. You understand and agree that your access or use of the Service is governed by the Terms in effect at the time of your access or use of the Service. The date of the last changes will be at the top of this document. The most current version of the Terms will be found in this section.

USE OF THE SERVICE

To use our Service, you must have the capacity and authority to accept these Terms. You may not access or use the Service if we have previously prohibited, closed, or canceled your account.

The use of the Service is at your own risk and under no liability of City List Pro; this includes the risk of being exposed to content that may not be to your liking, or that is offensive, indecent, inaccurate, objectionable, or incomplete.

It is important to be aware that the service may be modified, updated, interrupted, suspended, or discontinued at any time without prior notice or liability.

Restrictions on the use of the Service.

Violate local, state, national, or international laws..

Collect or store personal information from other users.

Infringe on the intellectual property rights of City List Pro and third parties, including copyrights, patents, trademarks, rights of publicity or privacy, duplicate, modify, distribute content within the City List Pro site.

Use any software, robot, or other automated or manual means to access, collect, download, or copy any part of the Service or any Content, or transmit through the Service.

Use the Service for any commercial purpose without our express written permission.

Alter or delete any content provided by us or any third party.

Use the Service to post, transmit, or share illegal, defamatory, slanderous, obscene, pornographic, indecent, offensive, or inappropriate information; Harass, stalk, extort, or threaten other users, or engage in any activity that is illegal or violates the rights of others, including intellectual property rights.

Remove or modify any copyright, trademark, or other proprietary notice that appears on any part of the Service or on any material printed or copied from the Service.

Use the Service to violate the security of any computer network, decrypt passwords or security encryption codes, disrupt or interfere with the security of the Service or the Service Content, or cause harm to the Service or the Service Content.

Send mass emails, surveys, or other bulk messages, whether commercial or not; engage in keyword spam or otherwise attempt to manipulate the search results of the Service, the Review Recommendation Software (as defined in the Business Terms below), or any third-party website.

ACCOUNT USAGE

When creating an account, you must provide certain information about yourself to use some of the features offered through the Service. You are solely responsible for maintaining the confidentiality of your account password, as well as anyone you designate for the use of the service. You are also responsible for all activities that occur in connection with your account. It is very important, and you agree to notify us immediately of any unauthorized use of your account.

We reserve the right to partially or permanently close your account at any time for any reason or without any reason. Your Consumer Account is for personal, non-commercial use only. Therefore, using this account to offer products and/or services to third parties may result in the closure of your account.

If you wish to promote a business or service, you must create a Business Account.

By using the Service, you agree to receive electronic information and promotions from us. We will use the email you provided for informational and promotional purposes. You can choose not to receive these communications at any time.

YOUR CONTENT

You are solely responsible for Your Content. We cannot verify the content or provide any warranty regarding Your Content.

City List Pro is NOT responsible for the interaction between Users. We cannot control user behavior, as well as the truthfulness and integrity or quality of User Content. In no case will City List Pro be responsible for any content, including, among others, any errors or omissions, or loss or damage of any kind incurred as a result of the use of any content transmitted or available through the Service. Although we remove content that infringes our intellectual property rights, you agree that we will not be responsible for any damage resulting from any content submitted by you or any other user. We reserve the right to monitor, delete, and/or disable content that we determine, in our sole discretion, violates these Terms or is detrimental to City List Pro users or others.

We are not endorsing or representing any user. Do not rely on information posted by others.

You retain all rights to your content until you submit or publish it through the Service. However, you grant us, and our affiliates and successors, a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to (i) use, copy, modify, create derivative works, distribute, publicly display, and publicly perform Your Content in connection with the Service and (ii) advertise and promote your content in connection with the Service. You also grant licenses to other City List Pro users to access and use Your Content, as described in these Terms, and to use, access, and use User Content in accordance with these Terms.

Posting Rules.

You may not post Content on the Service that.
Endangers or may create a risk of harm, loss, physical or emotional injury, risk to public safety, risk of damage to property, or risk of death or physical or emotional injury to any person;
Is obscene, pornographic, defamatory, slanderous, indecent, vulgar, threatening, and/or harassing.
Encourages hatred, racial hatred, religious hatred, sexual hatred, or any type of unlawful hatred.
May constitute content that is offensive, inappropriate, indecent, obscene, illegal, racist, sexist, violating the privacy or publicity rights of a third party, threatening, harassing, damaging, or discriminating against others, or promoting intolerance or discrimination, violating any law or regulation.
Infringes on any third party’s intellectual property rights, including copyrights, patents, trademarks, and trade secrets.
Contains personal information of any user without their consent.
You know the information is false or misleading, or is posted to deceive, confuse, or is otherwise inconsistent with these Terms.

PROMOTION OF YOUR CONTENT AND THE SERVICE

City List Pro may provide the opportunity for users to promote their content and service on the Sites and/or Services that City List Pro manages. Promotions will be described on the sites or through communications exclusively for you. In City List Pro, we reserve the right to refuse to allow you to participate in these promotions.

Coupons:

City List Pro may issue coupons for use with the Service, and these are not transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the date of issue, unless otherwise specified. If your Account was canceled, you will not be able to use or redeem any coupons, and these coupons will automatically expire and cannot be redeemed unless required by law.

REPRESENTATIONS AND WARRANTIES

You declare and warrant that:

You have read and understood our Privacy Policy.
If you use the Service outside of the United States of America, you consent to your personal data being transferred and processed in the United States of America.
You also declare and warrant that you will not use the Service, nor will you help, encourage, or allow others to use the Service to:
Violate our Terms, including Content Guidelines and Terms and Conditions.
Post any false or defamatory review or pay someone or be hired to post reviews.
Violate the rights of third parties, including any breach of confidentiality, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or other intellectual property rights or proprietary rights.
Promote a business or other commercial enterprise or use the Service for commercial purposes unless you have a Business Account in accordance with the Business Terms.
Send mass emails, surveys, or other bulk messages.
Request personal information from minors or send or transmit pornography.
Violate any applicable law.
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or exploit in any way the Service or the Service Content (other than Your Content), except as expressly authorized by City List Pro.
Remove or modify any copyright, trademark, or other proprietary notice.
Record, process, or extract information about users.

Attempt to gain unauthorized access to the Service, Accounts, computer systems, or networks connected to the Service by hacking, password mining, or any other means that may compromise the security of the service and its users.

COPYRIGHT AND OTHER

Copyright and Trademark Disputes. You agree to be responsible for your posts, infringing copyright law, use of trademarks.

SUGGESTIONS AND IMPROVEMENTS

By submitting any idea, suggestion, document, or proposal (referred to as “Feedback”), you acknowledge that: we are not obligated to review, consider, or implement the Feedback or return any portion of it, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, and transferable license to use, modify, create derivative works, publish, distribute, and sublicense the Feedback. You also irrevocably waive and warrant the waiver of any claim and assertion of moral rights related to such Feedback against City List Pro and its users.

THIRD-PARTY LINKS

The Service may contain or include links to other websites or applications. We do not control or endorse any Third-Party Content or Third-Party Service. You acknowledge that we are not responsible for the availability, accuracy, or content of such Content. Your use and reliance on any Third-Party Content or Third-Party Service are at your own risk.

Some services accessible through the Service and Third-Party Services may be subject to additional third-party terms of service, privacy policies, license terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any applicable third-party terms and accept the terms and conditions of each service according to its own policies.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Entities of City List Pro from any third-party claim, action, demand, loss, damage, costs, liabilities, and expenses, including attorney’s fees and court costs, arising from or related to: your access or use of the Service, including Your Content, the violation of these Terms, your breach of your representations and warranties under these Terms, products or services purchased or obtained by you in connection with the Service, your products or services, marketing or provision to end-users, or the infringement by you or any third party using your Account of any intellectual property or other rights of any person or entity.

City List Pro reserves the right to assume exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. City List Pro will make reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

READ THIS SECTION CAREFULLY, as it limits the liability of the entities of City List Pro to you. Each section and subsection will be applied to the maximum extent permitted by law. NOTHING HERE IS INTENDED TO LIMIT ANY RIGHT YOU MAY HAVE THAT CANNOT BE LEGALLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS, INCLUDING THIS SECTION. BY ACCEPTING THESE TERMS, YOU WAIVE IMPORTANT LEGAL RIGHTS.

The service and the content are provided “As is,” “with all faults and defects.” You understand that City List Pro does not monitor, control, or evaluate user content and third-party content. Therefore, your use of the service is entirely at your own risk.

The Entities of City List Pro are not responsible to you for any personal injury, loss, or damage that may result from matters such as the inoperability of the service, the unavailability of the service, the quality of the service and vulnerabilities of security, accuracy or reliability of business listings, ratings, reviews, or other content available through the service.

The Entities of City List Pro are not responsible for statements or promises regarding any third party, including businesses or advertisers listed on the service or offering goods or services through the service, or users of the service. As such, the Entities of City List Pro are not responsible to you for any personal injury, loss, or damage resulting from the actions or omissions of third parties, including if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers featured on the service. Your purchase and use of products or services offered by third parties through the service are at your own discretion and risk.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER COMPLAINT WILL BE TO TERMINATE YOUR ACCESS OR USE OF THE SERVICE.

THE MAXIMUM LIABILITY OF THE ENTITIES OF CITY LIST PRO TO YOU FOR LOSSES OR DAMAGES YOU MAY SUFFER IN CONNECTION WITH THE SERVICE IS LIMITED TO THE AMOUNT OF $50 DOLLARS AS LONG AS YOU HAVE HAD MORE THAN 12 UNINTERRUPTED MONTHS WITH THE SERVICE.

THE LIABILITY OF THE ENTITIES OF CITY LIST PRO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTITIES OF CITY LIST PRO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, LOSS OF INFORMATION OR DATA, OR LIABILITY REGARDING A CONSUMER ALERT PUBLISHED ON CITY LIST PRO BUSINESS PAGES FOR YOUR BUSINESS. THE DISCLAIMERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

ARBITRATION, DISPUTES, AND CHOICE OF LAW

If you are a resident of the United States or Canada:

EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF, OR DISPUTE THAT MAY ARISE BETWEEN YOU AND CITY LIST PRO (“CLAIMS”) MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION. YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN YOUR RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND CITY LIST PRO AGREE OTHERWISE, THE ARBITRATOR CANNOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND CANNOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND CITY LIST PRO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.

Excluded Claims and Claims that cannot be submitted to arbitration must be filed in court. California law will govern these Terms, as well as any Excluded Claim or Claim that cannot be submitted to arbitration, without regard to conflict of law provisions. You or City List Pro may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be submitted to arbitration are subject to the exclusive jurisdiction and venue of state and federal courts located in Orange County, California. You consent to the personal jurisdiction of these courts for any such proceeding.

TERMINATION

You can terminate these Terms at any time by closing or canceling your Account, ceasing any access or use of the Service, and providing City List Pro with notice of termination.

We may close your Account, suspend your ability to use certain parts of the Service, terminate any license or permission granted through these Terms, and/or prohibit your access to the Service for any reason or without prior notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or other related information.

GENERAL TERMS

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any reason, or without prior notice or liability.

These Terms constitute the entire agreement between you and us regarding the use of the Service and replace any prior agreement on the subject. The parties acknowledge that they do not rely on any representation made but not expressly contained in these Terms.

If a provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, such provision will be modified to reflect the parties’ intent or removed to the minimum extent necessary, so that the Terms otherwise remain in full force and effect and are enforceable.

The Terms and any rights or obligations under them are not transferable, assignable, or sublicensable by you without the prior written consent of City List Pro but may be assigned or transferred by us without restriction. Any attempt to assign by you will violate these Terms and be void.

There is no joint venture, partnership, employment, agency, special, or fiduciary relationship between you and City List Pro as a result of these Terms or your use of the Service.

Section titles in the Terms are for convenience only and have no legal or contractual effect.

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