NORBERT'S LIST is a FREE online classified ad service provided by Norbert's Athletic Products to
gymnastics, cheerleading, dance and martial arts professionals who wish to buy or sell used mats and equipment.
BETA VERSION 2.0
Norbert's List Web Site Agreement
norbertslist.com/Norbert's List ("SITE") is an online information service provided by NORBERT'S ("Norbert's"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING SITE.
BY ACCESSING OR USING SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE SITE.
NORBERT'S MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. COPYRIGHT, LICENSES AND SUBMISSIONS.
3. USE OF SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF SITE AND THE INTERNET. NORBERT'S PROVIDES SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO SITE OR ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE INTERNET GENERALLY, AND ON SITE SPECIFICALLY. NORBERT'S SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH SITE OR ON THE INTERNET GENERALLY. NORBERT'S DOES NOT WARRANT THAT SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN SITE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL NORBERT'S BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON SITE, OR DOWNLOADED FROM SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NORBERT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NORBERT'S makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-SITE web site, please understand that it is independent from SITE, and that NORBERT'S has no control over the content on that web site. In addition, a link to a SITE web site does not mean that SITE endorses or accepts any responsibility for the content, or the use, of such web site.
The provisions of paragraphs 3 (USE OF SITE), and 5 (INDEMNIFICATION) are for the benefit of NORBERT'S and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to SITE. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 7.TERM; TERMINATION.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of SITE), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement. 8. MISCELLANEOUS.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between NORBERT'S and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to SITE must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. NORBERT'S's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NORBERT'S may assign its rights and duties under this Agreement to any party at any time without notice to you.