About List It Local
List It Local is an online marketplace that allows users to offer, sell and buy goods and services in the user’s local community. The actual contract for sale is directly between the seller and the buyer. Any guidance or information which List It Local may provide regarding pricing, shipping, listing, and other matters is solely informational and provided for convenience only. List It Local has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.
You are responsible for maintaining the confidentiality of any password you create for the Services. You will immediately notify List It Local in writing if you determine, or have reason to believe, that an unauthorized party has gained access to your password. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
User Conduct and Prohibited Activities
In connection with using or accessing the Services you agree that you shall not:
- post, list or upload content or items listed on the Prohibited Items List;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items you purchased, unless you have a valid reason, such as a clear typographical error in the listing or you are unable to contact the seller;
- fail to deliver items you sold, unless you have a valid reason, such as failure of the buyer to follow the posted terms or you are unable to contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- allow another person or entity to use your account and user ID;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Services or the interests or property of other users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any List It Local application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- commercialize any List It Local application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Your use of the Services shall at all times be in compliance with all applicable local, state, national and international laws and regulations.
The fees we charge for using our Services are listed on the List It Local Fees page. We may change our fees from time to time by posting the changes on the Website. You should visit the Fees page each time you post a listing to review the current fees. You must have a payment method on file when selling on List It Local, and you must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) In addition, you will be subject to late fees.
When you post a listing, you may elect to have some or all of your proceeds donated to a local charity of your choice. For more information on how to make donations, visit our Charitable Donations page. Making a charitable donation is optional, and you are not required to donate any of your proceeds. You may decide whether or not to donate on a case by case basis for each listing you post. Processing fees and administrative fees may apply to each donation you make. Any applicable fees are expressly stated on our Charitable Donations page. Fees are automatically deducted from your account and the remainder is sent directly to the charity of your choice.
Except as set forth in the limited license herein, or as required under applicable law, the Website is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. You may not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the content or any other portion or feature of the Website, for any purpose without our prior written consent. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
Communications and Suggestions
Disclaimer of Warranties
THE SERVICES ARE PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIST IT LOCAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LIST IT LOCAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT WARRANT THAT THE SERVICES OR ANY FUNCTION OR ASPECT THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, INCLUDING ANY CONTENT, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL LIST IT LOCAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SERVICES, ANY DELAY IN OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LIST IT LOCAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, LIST IT LOCAL WOULD NOT PROVIDE THE SERVICES TO YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Children and Minors
The Website is designed to provide commercial business information and services for adults. The Website is not designed to attract minors, in particular children under the age of 13. List It Local does not market to or knowingly collect information from anyone under the age of 13.
Links To Other Materials
Any websites linked to the Website are not necessarily under the control of List It Local, and List It Local is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. List It Local reserves the right to terminate any link or linking program at any time. List It Local has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and List It Local shall not be responsible for notification of any change in name or location of any information on the Website.
Contact Us/Customer Service
Amendment and Modification
Governing Law, Disputes
Infringement Notices and Takedown
List It Local prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:Scott Burkhead
List It Local, Inc.
396 Washington St., Suite 315
Wellesley, MA 02481
Telephone: (781) 333-5310
Facsimile: (781) 333-5340
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.