Welcome to ListSaver, an application brought to you by Jonathan Kelley, ("ListSaver"). These Terms of Use (“Terms”) govern your use of the ListSaver application from Jonathan Kelley. This is provided either directly by Jonathan Kelley or through various third party platforms and devices (e.g., mobile, tablet, and widgets). By clicking Sign In or Try It or similar button or icon, connecting to ListSaver you agree to be bound to these Terms and our Privacy Policy. All references to “you” or “your,” as applicable, mean the person who accesses and uses ListSaver in any manner. Jonathan Kelley reserves the right to deny access to any person who violates these Terms.
We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of ListSaver and by continuing to use ListSaver you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.
These Services are controlled and operated by Jonathan Kelley from within the United States of America. Jonathan Kelley makes no representation that materials in ListSaver are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access ListSaver from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
Except as otherwise set forth in these Terms, as between you and Jonathan Kelley, all intellectual property rights in ListSaver including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to Jonathan Kelley. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: Jonathan Kelley hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use ListSaver, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by Jonathan Kelley from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from Jonathan Kelley. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from Jonathan Kelley) without Jonathan Kelley's prior written consent.
You are solely responsible for, and Jonathan Kelley will have no obligation with respect to, ListSaver and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use ListSaver in a way which violates any agreement or terms and conditions between you and any third party.
By accessing, using, or subscribing to ListSaver, including without limitation ListSaver Premium, you affirm that: (a) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (b) that your parent or guardian has reviewed this Agreement and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You represent and warrant to Jonathan Kelley that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.
Your subscription to ListSaver Premium may start with a free trial. The free trial period of your subscription lasts for the amount of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. Jonathan Kelley reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods as soon as you register. We will continue to bill your Payment Method on a recurring basis for your subscription fee until you cancel. Should you cancel your subscription before the end of your free trial period, you may forego the remainder of such free trial period.
You agree to pay for all charges and fees incurred on the Apple ID that you are signed-in on your device while using the ListSaver iOS application. All fees and charges are nonrefundable and will be charged to the iTunes Store at the time of purchase. Annual subscriptions automatically renew unless the subscription is turned off through the iTunes Store at least 24 hours before the end of the current subscription period. Subscriptions and auto-renewals may be managed by the user in the iTunes Account Settings after purchase is made. If there are monthly fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until your subscription is terminated. If there are annual fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the annual period, and will auto-renew each year until your subscription is terminated.
This Agreement is personal to you, and you may not assign your usage rights to anyone or share your ListSaver account with anyone. Through providing the necessary information, such as Apple id, during the sign-up process, you create an account ("ListSaver Account”). Each ListSaver Account that has been entitled to ListSaver Premium, either through paying the associated fee or through direct entitlement from Jonathan Kelley, is limited to access by only one user. All credentials (“Credentials”) used in connection with ListSaver shall be the sole property of Jonathan Kelley, and Jonathan Kelley may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify Jonathan Kelley of any unauthorized access or use thereof. You cannot share your user name, password or other Credentials with anyone, unless otherwise agreed to by Jonathan Kelley. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. Jonathan Kelley may, at any time in its sole discretion, discontinue or change: ListSaver, including without limitation ListSaver Premium; any Content, Materials, features, functions, data, information, or software offered or available through ListSaver or from Jonathan Kelley; or the availability of ListSaver, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) accessible on or available through ListSaver are our property and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit or otherwise provide access to the Content received through ListSaver to anyone.
The marks and any designs associated with any marks on ListSaver are trademarks and/or service marks of ListSaver or its licensors. As between you and Jonathan Kelley, Jonathan Kelley retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same by you or any third party, without the prior written permission of Jonathan Kelley, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners and no right in or to the foregoing shall be transferred to you.
Your use of any third party websites, content, data, information, applications, goods, devices, services, software or materials (collectively, “Third Party Services”) is at your own risk. Jonathan Kelley does not endorse any Third Party Services and makes no representation or warranty with respect to Third Party Services. Jonathan Kelley shall not incur any obligation, responsibility or liability with respect to any Third Party Services and you shall look solely to the applicable third party with respect to all obligations, responsibilities, and liabilities related thereto. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies). Accordingly, we encourage you to be aware when you leave ListSaver and to read the terms and conditions and privacy policy of each Third Party Service you use. To the extent Third Party Services are embedded or integrated into ListSaver, they remain subject to the privacy policy, terms of use, and other terms of the applicable third party and by accessing, viewing, or using such content you agree to and accept all such third party terms applicable to the Third Party Services.
You agree to defend, indemnify and hold harmless Jonathan Kelley against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use ListSaver; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of ListSaver; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party’s intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party’s rights.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, Jonathan Kelley IS PROVIDING ListSaver AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. Jonathan Kelley EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ListSaver, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND Jonathan Kelley WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. Jonathan Kelley MAKES NO REPRESENTATION OR WARRANTY THAT ListSaver OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.
IN NO EVENT SHALL Jonathan Kelley BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, ListSaver, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY Jonathan Kelley OR ANY THIRD PARTY, EVEN IF Jonathan Kelley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Jonathan Kelley IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, Jonathan Kelley SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Jonathan Kelley RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.
WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, Jonathan Kelley SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Jonathan Kelley RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.
UNDER NO CIRCUMSTANCES SHALL Jonathan Kelley OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, ListSaver OR ANY CONTENT; ANY INFORMATION OR DATA IN ListSaver BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF Jonathan Kelley OR ListSaver. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Jonathan Kelley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT Jonathan Kelley HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ListSaver, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY Jonathan Kelley OR ANY THIRD PARTY, Jonathan Kelley’s MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO Jonathan Kelley FOR ACCESS TO OR USE OF ListSaver OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) TWO DOLLARS ($2).
As a condition of your use of ListSaver, you agree you will not use this application for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Jonathan Kelley reserves the right, but has no obligation, to release new or updated versions of ListSaver, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to ListSaver to Jonathan Kelley (collectively “Feedback”), you: (a) represent and warranty to Jonathan Kelley that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to Jonathan Kelley an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by Jonathan Kelley which incorporates all or any portion of the Feedback.
These Terms are effective until terminated by Jonathan Kelley. Jonathan Kelley may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in ListSaver, at any time without notice in Jonathan Kelley’s sole discretion. The license granted to you by Jonathan Kelley under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) Jonathan Kelley’s removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from Jonathan Kelley of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to Jonathan Kelley and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of ListSaver for any reason, Jonathan Kelley will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by Jonathan Kelley, or otherwise uploaded to ListSaver.
These Services are created and controlled by Jonathan Kelley. The laws of the State of California will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and Jonathan Kelley agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, ListSaver, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Orange County, California, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS). Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by Jonathan Kelley seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligations; and actions brought by Jonathan Kelley to collect unpaid fees. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in Orange County, California. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.
Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Jonathan Kelley to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. These terms, along with any ListSaver specific terms and conditions, represent the entire understanding between you and Jonathan Kelley and supersedes any prior agreements, statements, or representations in any manner or form.
Jonathan Kelley welcomes your feedback. Reach out at any time by contacting Jonathan Kelley at https://mylists-a85a5.web.app/support.html These Terms were last updated on June 25, 2020.