Terms of Use

WELCOME TO ASSISTLIST

Thank you for stopping by, we (AssistList Association) hope you find our site, services, applications and tools (collectively "Services") helpful. These Terms of Use ("TOU") (last updated January 3, 2018) posted on our site set out the terms on which we offer you access to and use our Services. By accessing or otherwise interacting with our servers, services, websites, or any associated content/listings, you agree to comply with the TOU. You acknowledge and agree AssistList is a private site owned and operated by AssistList Association. If you are accessing or using AssistList on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use AssistList. If you are dissatisfied with these terms or the AssistList website, your sole and unique remedy is to discontinue using and accessing AssistList. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use AssistList. Our Privacy Policy, Prohibited Content list, and all other policies, site rules, and agreements referenced below or on AssistList, are fully incorporated into this TOU, and you agree to them as well.

LICENSE

If you agree to the TOU and (1) are of sufficient age and capacity to use AssistList and be bound by the TOU, or (2) use AssistList on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use AssistList in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from AssistList, excluding listings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE

In order to access and use some or a portion of the Services, you are required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, Contact Us immediately.

When using AssistList Services, you will post in the appropriate category or area and will not do any of the following bad things:

post content that is prohibited by any of AssistList's policies or rules referenced above ("Prohibited Content");
create listings/communications/accounts on behalf of a for-profit corporation for the purpose of soliciting business or selling commercial goods
create false, misleading, unsolicited, and/or unlawful listings/communications/accounts
distribute or contain spam, chain letters, or pyramid schemes;
infringe any third-party right;
distribute viruses or any other technologies that may harm AssistList or the interests or property of AssistList users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the AssistList;
use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with AssistList, e.g. for downloading, uploading, creating/accessing/using an account, creating a listing, flagging, emailing, searching, or mobile use;
access/copy/collect AssistList content via use of any robot, spider, script, scraper, crawler, or automated or manual equivalent for any purpose without our express written permission;
copy, modify, distribute, harvest or otherwise collect any other person's content or user information without their consent;
buy or sell AssistList accounts;
abuse AssistList's flagging or reporting processes;
bypass measures used to prevent or restrict access to AssistList

You agree that AssistList Association may moderate the AssistList website access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You further agree that:

you will not bypass said moderation;
AssistList Association is not liable for moderating or not moderating;
nothing AssistList Association says or does waives our right to moderate, or not moderate.

DAMAGES

You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for damages, including but not limited to the following activities: (A) collecting/harvesting AssistList users' information, including personal or identifying information; (B) publishing/misusing personal or identifying information of a third party in connection with your use of AssistList without that party's express written consent; (C) misrepresenting your identity or affiliation to anyone in connection with your use of AssistList; (D) listing or attempting to list Prohibited Content; (E) sending an unauthorized/unsolicited email to an email address obtained from AssistList; (F) using AssistList user information to make/send an unauthorized/unsolicited text message, call, or communication to a AssistList user; (G) creating a misleading or unlawful AssistList account or buying/selling a AssistList account; (H) abusing or attempting to abuse AssistList's flagging or reporting processes; (I) distributing any software to facilitate violations of the USE Section; (J) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting AssistList content for any purpose without our express written consent; (K) requesting, viewing, or accessing more than 1,000 pages of AssistList in any 24-hour period; (L) bypassing or attempting to bypass our moderation efforts. You agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

DISCLAIMER AND LIABILITY

To the full extent permitted by law, AssistList Association, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("AssistList Entities") (1) make no promises, warranties, or representations as to AssistList, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide AssistList on an "AS IS" and "AS AVAILABLE" basis and any risk of using AssistList is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with AssistList. AssistList Entities are NOT liable for any direct, indirect, consequential, incidental, special, exemplary, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising out of or in connection with the use of the AssistList website, links with other websites or social media, the products, or the transactions conducted on or from the AssistList website or social media, even if AssistList Association or any of its lawful agents, contractors, employees or mandatories have been previously advised of the possibility of such damages or claim.

AssistList Association is not responsible for any content provided by its users, external links or other third parties to the AssistList website. The contributions of third parties do not necessarily represent the view or opinions of AssistList. Users can be held liable for any illegal or prohibited content they provide to the site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the site, please Contact Us to tell us about any problems so that together we can keep AssistList working properly. We will take appropriate action, such as limiting or terminating our Services, removing hosted content and taking technical and legal steps to keep users off AssistList if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off AssistList or not, we do not accept any liability for monitoring AssistList or for unauthorized or unlawful content on AssistList or use of AssistList by users. Without limiting the foregoing, in no event will AssistList Association be liable for damages or losses due to misuse by other AssistList users, their respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of AssistList Association, including but not limited to the following activities: (i) scams, mislabeled or incorrectly labelled products and/or equipment sold by sellers through the AssistList website; (ii) viruses including computer or web based viruses, data corruption, failed messages, damages arising as a result of same or transmission errors or problems, telecommunications service providers, AssistList Association’s Partners, the internet backbone, third-party suppliers of products or services.

CLAIMS AND INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to AssistList Association ("Claims") will be governed by the internal laws of British Columbia, without regard to conflict of law provisions, except to the extent governed by Canadian federal law. Any Claims will be exclusively resolved by courts in Vancouver, BC (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Vancouver, BC; (2) indemnify and hold AssistList Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of AssistList; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

PRIVACY POLICY

This policy details how data about you is used when you access our websites and services or interact with us.

General

By using AssistList, you agree to the collection, transfer, storage and use of your personal information by AssistList Association on servers located in the United States.

Protecting your privacy

We take precautions to prevent unauthorized access to or misuse of data about you.
We do not share your data with third parties for marketing purposes.
We do not employ tracking devices for marketing purposes.
Please review privacy policies of any third party sites linked to from AssistList.

Data we use to provide/improve our services and/or combat fraud/abuse:

data you post on or send via AssistList, and/or send us directly or via other sites
credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
data collected via cookies (e.g. search data and "favorites" lists).
data about your device(s) (e.g. screen size, DOM local storage, plugins).
data from 3rd parties (e.g. phone type, geo-location via IP address).

Data we store

We retain data as needed for our business purposes and/or as required by law.
We make good faith efforts to store data securely, but can make no guarantees.
You may access and update certain data about you via your account login.

Circumstances in which we may disclose user data:

with your consent (e.g. if you authorize us to share data with other users);
to respond to subpoenas, search warrants, court orders, or other legal process;
to protect our rights, property, or safety, or that of users of AssistList or the general public;
in connection with a merger, bankruptcy, or sale/transfer of assets;
in aggregate/summary form, where it cannot reasonably be used to identify you.

PROHIBITED CONTENT

Users must comply with all applicable laws, the AssistList Association Terms of Use, and all posted site rules. Here is a partial list of goods, services, and content prohibited on AssistList:

recalled items, prohibited list; hazardous materials; body parts/fluids; unsanitized bedding/clothing
prescription drugs, medical devices; controlled substances and related items
alcohol or tobacco; unpackaged or adulterated food or cosmetics
false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
offensive, obscene, defamatory, threatening, or malicious listings or email
anyone’s personal, identifying, confidential or proprietary information
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
stolen property, property with serial number removed/altered, burglary tools, etc
counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
spam; miscategorized, overposted, cross-posted, or nonlocal content
listings or email posted by a for-profit corporation soliciting business or selling commercial goods
listings or email the primary purpose of which is to drive traffic to a website
listings or email offering, promoting, or linking to unsolicited products or services
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others

MISC

Users complying with prior written licenses may access AssistList thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS AND INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. If you have any questions, please Contact Us.