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Term and conditions

Web Site Terms and Conditions of Use

Hacker's List LLC. ("we," "us" or "Hacker’s List" of “HL) owns and operates Hackerslist.com (collectively, our or this "Site"), on which we provide an interactive way for like minded users to communicate. THE TERMS AND CONDITIONS SET FORTH BELOW FORM AN AGREEMENT (THE "TERMS") THAT GOVERNS YOUR USE OF THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU ("YOU" AND "YOUR") AGREE TO BE BOUND BY (1) THE TERMS AND (2) HL PRIVACY POLICY, AVAILABLE AT http://hackerslist.com/page/privacy. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE INCLUDING THE SECTIONS RELATING TO TERMINATION, ARBITRATION AND CLASS ACTION WAIVER. FAILURE TO ABIDE BY THESE TERMS MAY RESULT IN FORFEITURE OF ANY MONIES DEPOSITED. IF YOU DO NOT AGREE WITH THE TERMS OR PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED HEREIN. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY THESE TERMS AT ANY TIME. ANY UPDATED VERSION SUPERSEDES AND REPLACES ANY PRIOR VERSIONS UPON POSTING AND THE PRIOR VERSION IS OF NO FURTHER FORCE AND EFFECT UNLESS WE SPECIFICALLY STATE OTHERWISE.  WE WILL INDICATE THE LAST UPDATE DATE AT THE END OF THESE TERMS.  YOU AGREE TO NOTE THAT LAST UPDATE DATE OF THE REVISION YOU READ AND AGREE TO PERIODICALLY CHECK THESE TERMS FOR CHANGES. IF THE LAST UPDATE DATE HAS BEEN CHANGED, THEN YOU WILL KNOW WE HAVE MADE CHANGES TO THESE TERMS AND THAT YOU MUST REVIEW THE TERMS TO DETERMINE HOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE TERMS HAVE CHANGED. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.    YOU ALSO WILL BE REQUIRED TO AFFIRMATIVELY AGREE TO THE TERMS AND ANY MATERIAL MODIFICATIONS TO THE TERMS.

YOU CANNOT USE THIS SITE OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.

This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to be bound by the terms, conditions and notices contained or referenced herein whether or not you become a paid subscriber. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SITE OR THE SERVICE.

Information and services that are provided on this Site and Service in a language other than English are only provided as a convenience to you when available. All Services to be provided, all obligations of HL and all communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.

Termination of Agreements and Refunds Policy

The Client, the Hacker, and we have the right to terminate any Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a project or job is deemed to have begun and is, for all intents and purposes, underway. The Client has twenty-four (24) hours from the time of payment to cancel a project or service for a refund.  After the twenty-four (24) hour period, project or service will start and will be deemed underway.   Please note that a paid escrow is not a guarantee and monies used to fund online wallet used for escrow are separate from site fees. Site fees are non-refundable.

Credit Card Chargeback Policy

We protect our business, credit card processors, banks, and other institutions by providing related services to us preventing fraudulent credit card chargebacks.  A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank, or other institution and the charge is charged back to the business.   The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased.  You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank, or other institution and law enforcement authorities to investigate the matter.  Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members.  Engaging in activities aimed at reversing a legitimate charge is illegal.  You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.

Disclaimers Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Site Terms of Use Modifications

Hacker's List may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

USER CONDUCT
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

  1. violate any applicable law or regulation,
  2. infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
  3. use the information available through our Service for any unauthorized or unlawful purpose,
  4. interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
  5. use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
  6. use our Service to obtain the personal contact information of another user without their prior consent;
  7. use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
  8. "stalk" or harass any other user of our Service,
  9. use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation;
  10. collect or store any information about any other user other than in the course of the permitted use of our Service,
  11. use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
  12. impersonate any person or entity,
  13. remove any copyright, trademark or other proprietary right notices contained in the Service,
  14. infringe on the intellectual property rights of the Service or any third parties in any manner,
  15. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service,
  16. post, upload or transmit false, misleading or illegal information or content to the Service,
  17. make false statements, attempt or use personal, financial or other information that you are not authorized to use,
  18. upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
  19. disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
  20. collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
  21. provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain, or
  22. assist any third party in doing any of the foregoing.

YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE

Your Responsibilities:
 You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person.  You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Site. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.

Our Limitations

You agree that we will not be responsible for any damage or harm resulting from your use of the Service or your interactions with other users of our Service. While we do make concerted efforts to screen users, you understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS.  It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user or member on our Service.  We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information that you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. You agree that we are not responsible for the accuracy of information communicated to you on the Service. You release us from any and all liability in connection with the Service and the contents of any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.

User Disputes

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users.  You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

MINORS

Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence ONLY. We will not knowingly permit anyone who does not meet these criteria to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.  You also represent and warrant that you will not allow any minor access to this Site or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access this Site and our Service to prevent any minor from gaining access to this Site and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.You agree that we shall not be responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of this Site or our Service by a minor.

Privacy & Use of Information

Our Privacy Policy also governs use of the Service. You agree that by registering a Profile or using our Service you have agreed to our Privacy Statement. You acknowledge that although we strive to maintain the necessary safeguards to protect your personal data, we cannot ensure the security or privacy of information you provide through the Internet and your email messages.  Our privacy policy is incorporated into the Terms by this reference.  You agree to release us, our parent, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the release or use of such information by third parties.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Customer Service

Our customer service representatives are available to answer questions you may have about your Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site and your membership to our Service and you will not be entitled to any refund of unused credits or fees.

Email Communications

You acknowledge and agree that we and other sites we operate (or our agents) may send you email (electronic) communications that include messages about the Service and your membership account with us and services offered by our other sites and third parties.  We communicate with you as part of our Service and your membership.  You agree and consent that any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.  You may opt out of receiving these notifications from us.

DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Service, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing our Site.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

  1. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  2. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR SITE IS ACCURATE, UP TO DATE OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING; (H) THIRD PARTIES WILL NOT USE OF YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OUR SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR SITE, WHETHER ONLINE OR OFFLINE.
  3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF OUR SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
  4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITS ON LIABILITY

  1. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
  2. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
  3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE THOUSAND ($1000) DOLLARS.
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.  THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS.
  5. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES THESE LIMITATIONS OF LIABILITY ARE AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT AGREE TO THESE LIMITATIONS OF LIABILITY WE WOULD NOT PROVIDE OUR SITE OR THE SERVICE OR THE MATERIALS OR CONTENT INCLUDED TO YOU.  YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNITY

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of our Service, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this Service or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our attorneys, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we wish to settle it.  You agree that you will advance costs and expenses to any Indemnified Party.  You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section.

COPYRIGHT POLICY

The Service contains information, which is proprietary to our partners, our users and us. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

DMCA Notice

The Digital Millennium Copyright Act of 1998, as amended ("DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the United States copyright laws.  Other laws provide similar protection.  If you believe that your work has been copied, posted or otherwise made available through the Service in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint and a requirement that such content be removed or blocked, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) identification of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material on our Site; (d) information reasonably sufficient to permit us to contact the complaining party, such as your address, telephone number and e-mail address; (e) a written statement by you 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to our DMCA Copyright Agent as follows:[email protected]var _____WB$wombat$assign$function_____ = function(name) {return (self._wb_wombat && self._wb_wombat.local_init && self._wb_wombat.local_init(name)) || self[name]; }; if (!self.__WB_pmw) { self.__WB_pmw = function(obj) { this.__WB_source = obj; return this; } } { let window = _____WB$wombat$assign$function_____("window"); let globalThis = _____WB$wombat$assign$function_____("globalThis"); let self = _____WB$wombat$assign$function_____("self"); let document = _____WB$wombat$assign$function_____("document"); let location = _____WB$wombat$assign$function_____("location"); let top = _____WB$wombat$assign$function_____("top"); let parent = _____WB$wombat$assign$function_____("parent"); let frames = _____WB$wombat$assign$function_____("frames"); let opener = _____WB$wombat$assign$function_____("opener"); { /* */

}}

ARBITRATION AND CLASS ACTION WAIVER

Scope
All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”) (http://www.adr.org/, 1-800-778-7879), or pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. (http://amic.org/ ) [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Hacker’s List might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury.  Notwithstanding the foregoing, Hacker’s List reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.

Venue: The exclusive venue for the arbitration shall be Toronto, Canada if claimant is a Canadian resident and Colorado if claimant is a citizen of any country other than Canada.  The parties will agree on a reasonable location, in the event that Toronto or Colorado are inconvenient forums.  The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures.  The official language of the arbitration shall be English. 

  1. Governing Law

This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19.  Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction.  The substantive law of the State of Colorado (excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement.  If there is a difference between the Federal Arbitration Act and Colorado law, the Federal Arbitration Act controls.For Canada Residents:  This Agreement and all Disputes shall be governed by the Arbitration Act of 1991 (Ontario), as amended, replaced or re-enacted from time to time.

Small Claims
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court that is limited to adjudicated small claims.

Class and Consolidated Claims Waiver
It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.  The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.

Limit of Liability
Liability for both parties is limited $5,000 in damages.  Parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise.  An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.

Notice of Claims, Timing of Disputes and Nature of Award
All Disputes shall be filed within one (6) months of the date the Disputes arose or occurred.  The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.  Filing a Claim pursuant to the applicable American Arbitration Association Rules or the National Arbitration Rules of the ADR INSTITUTE OF CANADA, INC shall commence arbitration.  The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the Claim.  The parties may grant reasonable continuance upon good cause shown.  The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.Rules and forms may be obtained and Claims may be filed at American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019-6708, (212) 716 – 5800, (800) 778 – 7879, www.adr.org.For Canada residents, rules and forms may be obtained and Claims may be filed at ADR Institute of Canada, Inc., Suite 405-234 Eglinton Avenue East, Toronto, Canada M4P 1K5, (877) 475 – 4353, www.adrcanada.ca.

Discovery and Hearing Procedures

All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing.  Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue.  Each party shall produce relevant non-privileged documents requested by the other party.  Discovery procedures available in court actions do not apply.  The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need.  All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator.  For a Dispute involving a United States resident, the Parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.

Emergency and Provisional Remedies

Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm.  The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.

Confidentiality
The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information.  The arbitration will not be confidential unless you request that it remain confidential.

Payment of Arbitration Fees and Costs
HL will not advance any arbitration filing fees and arbitrator’s costs and expenses prior to the commencement of the arbitration.  Claimant is responsible for all costs that you incur in the arbitration, including, without limitation, costs association with attorneys or experts witnesses.  The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution.  If the arbitration is decided in your favor, you will not be required to reimburse HL for any of the fees and costs it advanced.  If the arbitration is decided in HL’s favor, you shall reimburse HL arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA Supplementary Procedures for Consumer-Related Disputes or the National Arbitration Rules of the ADR Institute of Canada, Inc.

Survival and Severability
This Arbitration Agreement shall survive the termination of your service with HL.  If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

ASSIGNMENT
You do not have the right to assign these Terms or this Agreement or any of your rights to our Service to anyone. HL has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such third party assumes such rights and obligations, HL shall be relieved of any and all liability under this Agreement and in such event you hereby agree to release HL of all liability, claims, charges, damages and causes of action.

EXPORT CONTROLS
Software and content provided through our Site and our Service is subject to United States export controls. The United States Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons.  No software or content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not license or otherwise permit anyone in any such country or on any such list to receive software or content that is subject to export control.

NOTICES
Unless provided otherwise in these Terms, all notices shall to us be delivered to [email protected]var _____WB$wombat$assign$function_____ = function(name) {return (self._wb_wombat && self._wb_wombat.local_init && self._wb_wombat.local_init(name)) || self[name]; }; if (!self.__WB_pmw) { self.__WB_pmw = function(obj) { this.__WB_source = obj; return this; } } { let window = _____WB$wombat$assign$function_____("window"); let globalThis = _____WB$wombat$assign$function_____("globalThis"); let self = _____WB$wombat$assign$function_____("self"); let document = _____WB$wombat$assign$function_____("document"); let location = _____WB$wombat$assign$function_____("location"); let top = _____WB$wombat$assign$function_____("top"); let parent = _____WB$wombat$assign$function_____("parent"); let frames = _____WB$wombat$assign$function_____("frames"); let opener = _____WB$wombat$assign$function_____("opener"); { /* */

}},  Attention: Legal Department, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address.  We may also send you notice by overnight courier or certified mail, postage prepaid. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason.  All other notices shall be deemed received when delivered. 

MISCELLANEOUS
You agree that: (i) the Service shall be deemed solely based in the State od Colorado; (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over HL, either specific or general, in jurisdictions other than the State of Colorado; and (iii) the Terms, and your relationship with HL under the Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. These Terms shall be interpreted in accordance with the laws of the State of Colorado without reference to conflict of law principles. These Terms, together with our privacy policy contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. These Terms shall be binding on the parties, their successors and permitted assigns.  No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.  The headings used in these Terms are for convenience only and shall not be deemed to define or limit the content of any provision of these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.

Affirmation
I have read and acknowledged the above terms and conditions. I affirm that I am the authorized owner of the system or systems or accounts I am testing. I understand and agree that any request I make to Hacker's List will only be attempted and or completed if the request falls under these terms and conditions. I further understand and agree that I shall take full responsibility for any violations from any agency, corporation, or person and will hold Hacker's List and its participants harmless. I have provided honest and true information and give full permission to complete the task I am requesting.

Last updated May 16 2015