We are owned and operated by ListenTrust, LLC (“LT,” “we” or “our”). Please read these terms carefully, as they describe the terms and conditions applicable to the Web site.
2. Your Use of the Web Site- Permissions and Restrictions
LT hereby grants you permission to access and use the website and the content for your personal and informational purposes only, under the following conditions:
- You agree not to alter or modify any part of the website.
- You agree not to use the website for any commercial use without the prior written authorization of LT. Prohibited commercial uses include, but are not limited to, any of the following actions taken without LT’s express written approval:
- posting or transmitting through the website any material which contains advertising or any solicitation with respect to products or services; and
- any use of the website that LT finds, in its sole discretion, to be a use of LT’s resources to compete with or displace the market for LT or its services.
5. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any content or information in or on this website. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the website. You also agree not to interfere with the servers or networks connected to the website or to violate any of the procedures, policies or regulations of networks connected to the website. Notwithstanding the foregoing, LT grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials. LT reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the website nor to use the communication systems provided by the website (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website. Any conduct by you that in LT’s discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.
7. You agree not to upload, post or otherwise make available on the website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
8. You also agree not to impersonate any other person or to conduct yourself in a vulgar or offensive manner while using the website. You agree that LT may reject any user submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at LT’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
9. You agree that LT, should it accept a user submission, may include that user submission in the website for as long or as short a period of time as LT, in its sole discretion, chooses. Furthermore, you agree that LT may edit user submissions.
10. You agree that LT shall have the right, but not the obligation, to monitor the content of the website and to remove any material that LT, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
11. LT reserves the right to discontinue any aspect of the website at any time.
3. Account Registration
In order to participate in certain areas of the website, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify LT promptly upon learning of any security breaches relating to the website; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
4. Right to Terminate
5. Disclaimer of Opinion
Any opinions, advice, articles, statements, or other information that constitutes part of the content expressed or made available by third parties on the website are those of the respective authors or producers and not of LT, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall LT, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the website.
6. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the website, but the accuracy of this information cannot be guaranteed. The website and the content are provided on an “as is” basis.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LT, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “LT PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NONE OF THE LT PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEB SITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE LT PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. LT DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, OR ADVERTISED THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
7. Liability of LT
IN NO EVENT SHALL THE LT PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE OR ANY INFORMATION, SOFTWARE, OR GRAPHICS OBTAINED THROUGH THE WEBSITE; (V) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (VI) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, ANY DELAY OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LT PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE LT PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY LT FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND LT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
If, notwithstanding the FIRST PARAGRAPH OF THIS SECTION 7, ANY LT PARTY iS found liable for any loss or damage relating to YOUR use of this website, YOU agree THAT the liability of such party shall in no event exceed ONE HUNDRED DOLLARS ($100.00).
9. Third Party Advertisements; Links to Other Websites
LT may display advertisements from third parties on the website. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. LT is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third party advertisements or information on the website.
10. User Submissions and Contributions
LT does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and LT expressly disclaims any and all liability in connection with user submissions. LT does not permit copyright infringing activities and infringement of intellectual property rights on its website, and LT will remove all user submissions if properly notified that such user submission infringes on another’s intellectual property rights. LT reserves the right to remove user submissions without prior notice.
LT is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any user submission or other communication you may send to LT without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, modifying or improving the website or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against LT and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
LT reserves the right to reject, remove or edit user submissions at any time without notice. User submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
13. Entire Agreement
15. Digital Millennium Copyright Act
It is LT’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any user submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A 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 the website are covered by a single notification, a representative list of such works;
- 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 disable and information reasonably sufficient to permit LT to locate the material;
- Information reasonably sufficient to permit LT to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LT’s designated Copyright Agent to receive notifications of claimed infringement is: Kevin Rouleau, ListenTrust, LLC, 50 Monument Square, Suite 300, Portland, Maine 04101, or facsimile: (207) 774-6586. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LT customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the website or disabled after LT received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending LT a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, LT may send a copy of the counter-notice to the original complaining party informing that person that LT may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides LT with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LT’s sole discretion.
16. Intellectual Property Notice
All content on the Web site is owned by LT or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
17. Ability to Accept Terms