Please note in order to use the Listrunner application service (“Service”), you must register for an account. To creat an account you must be at least 18 years of age, possess the legal right and ability to enter into a legally binding agreement with Commure and agree and warrant to use the Website in accordance with these Terms. Please also note that your use of the Service is also governed by the Listrunner User Agreement, in addition to these Terms. Those additional terms are part of your agreement with Commure if you use the Service or log into the Service. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control.
This Website includes text, data, graphics, images, videos or other content (collectively, “Content”) created by Commure. The Content is provided for general information purposes only and should not be relied upon for personal, professional, medical, legal, regulatory or other decisions. Commure does not ensure completeness, timeliness or accuracy of the Content.
At any time, Commure may modify these Terms by posting the modified language on this Website, with or without notice to you. Posted modifications will become effective immediately, and your use of this Website following any such modifications constitutes your agreement to be bound by the Terms as modified. Commure reserves the right to modify, add, suspend or discontinue any aspect, service, Content or feature of this Website at any time, with or without notice to you.
4. LINKS TO OTHER SITES
This Website may contain hyperlinks to websites operated by third parties or to materials or information made available by third parties. The placement of such links on the Website does not constitute or imply Commure’s endorsement of such third parties, the content of their websites, their products or services, or the privacy or security practices of those websites.
5. RESTRICTIONS OF USE
Subject to the restrictions in these Terms, Commure grants you a limited, personal, nonexclusive license to access and use this Website and its Content solely for your personal, noncommercial use, provided you do not modify the Website, its Content or any copyright or proprietary notices. You may not modify, copy, distribute, mirror, frame, publicly display, publicly perform, reproduce, translate, publish, license, create derivative works of, or transmit the Website or Content (in whole or in part) in any way through any medium for distribution, publication or any commercial purpose. You will not use this Website in any manner that could damage, disable or impair the Website or interfere with the Website or any feature of the Website or other’s use of the Website, including any use that violates any laws, infringes on anyone’s rights or is offensive. Your use of the Website is at Commure’s discretion and Commure can terminate your use, prohibit you from using the Website or take appropriate legal actions at any time.
Commure and/or its licensors own all rights, title and interest in and to the Website, the Content, the Service, the Commure and Listrunner trademarks, logos and icons and the structure, organization and arrangement thereof, which are protected by law, including, but not limited to, copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
7. NO LEGAL OR REGULATORY ADVICE
Some Content may include legal or regulatory related information pertaining to you or your business. Such Content is provided for general informational purposes only. Commure is not providing legal or regulatory advice and no attorney/client relationship is created by your use of this Website or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
8. COMPLIANCE WITH LAW
As a condition of your use of this Website, you warrant to Commure that you will not use this Website for any purpose that is unlawful, offensive, interferes with this Website or any feature therein, infringes anyone’s rights or prohibited by these Terms. You agree to comply with all applicable federal, state and local laws regarding your use of this Website. You acknowledge that your unauthorized use of this Website or any Content may violate copyright laws and trademark laws, as well as other regulations and statutes. If you reside outside the United States, you also agree to comply with any local laws applicable to your use of this Website.
9. SUBMISSIONS AND COMMUNICATION
You will indemnify, defend and hold harmless Commure and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of the Website or the Content or your violation of these Terms.
This Website and the Content contained in this Website may include inaccuracies or typographical or other errors. COMMURE, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, CONTENT AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. COMMURE, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE WEBSITE OR CONTENT, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL COMMURE, ITS AFFILIATES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “COMMURE ENTITIES”) BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF INFORMATION, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE, YOUR USE OF THE WEBSITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ITS CONTENT AND/OR THESE TERMS IS TO DISCONTINUE YOUR USE OF THIS WEBSITE. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION WILL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.
13. GOVERNING LAW; JURISDICTIONS; DISPUTES; WAIVER OF JURY TRIAL
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco in the State of California, and agree not to bring any action relating to the use of the Services or these Terms in any court in any jurisdiction other than the state or federal courts located in the county of San Francisco, State of California. Commure shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect Commure’s or any third party’s rights in the Website or the Content. You also agree that Commure may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies Commure might have at law. In any dispute between you and Commure where Commure prevail, Commure shall be entitled to recover reasonable attorney’s fees, court costs, disbursements and other legal expenses. You hereby waive any right to a jury trial.
14. WAIVER AND SEVERABILITY
Failure to enforce any provision in these Terms will not constitute a waiver of that provision. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
15. ENTIRE AGREEMENT
These Terms, together with any terms and policies that are incorporated by reference, constitute the entire agreement and supersede any prior agreements between you and Commure with respect to your use of this Website and its Content.
16. COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website including the arrangement of them on this Website are: Copyright © 2017 Commure, Inc. All rights reserved. Except for the limited right granted above, all other rights are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted materials is strictly prohibited without the express written consent of the copyright owner. Commure and Listrunner are trademarks or registered trademarks of Commure, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
Date of Last Update: November 20, 2019