Please read these Terms and Conditions of service carefully before using this Site
This Site (the Site) is maintained and controlled by The National List, Inc. (referred to herein as we," "us" or The National List) as a service to claim forwarders. These Terms of Service (herein, the Agreement) are an integral part of this Site and governs your use of the Site and all services provided herein.
By accessing and using the Site, you are hereby agreeing to be legally bound by this Agreement, and to comply with this Agreement and any other posted guidelines or rules applicable to this Site. All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not accept and agree to be bound by this Agreement, do not log onto, or use, this Site.
We reserve the right at any time to change the Terms and Conditions of this Agreement; or to change the Site, including eliminating or discontinuing any feature or any content on the Site. Any changes we make will be effective immediately upon posting on the Site. You agree that any postings on the Site are fair, adequate, and reasonable notice to you of the content of such postings. Your decision to log onto or use the Site following such changes will be deemed acceptance of such changes. You agree that you are legally and factually in receipt of notices of amendments and modifications to this Agreement immediately upon their posting on the Site, and that it is your sole responsibility to check this Site prior to each use to inform yourself about any such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Definitions. The following terms as used herein shall have the following meanings:
"Agreement" means these Terms and Conditions.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
Electronic record" means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this Agreement except as otherwise provided under applicable law.
"Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
The Site" or "this Site" refers to http://www.nationallist.com and any page that is logically connected to that URL.
"Written notice" means either a notice that is communicated on paper or a notice that is communicated electronically via email.
"You" and "your" refer to any person or entity using this Site.
2. Use of non-public information. You expressly warrant that you will not use any data input form on this Site to provide non-public information to others, or otherwise utilize this Site to transmit any non-public information to others, in any way that may violate any applicable law. Without limiting the generality of the foregoing, no file number may contain a debtor's full name, full account number, full social security number, or full driver's license number. You agree to indemnify The National List and all of its affiliates, and all of their respective officers, directors, employees and agents, and hold all such parties harmless from any losses, liabilities, claims, suits, civil, criminal, or administrative proceedings, fines, penalties, judgments, actual, consequential, and punitive damages, costs, legal fees, and expert witness fees that they may incur as a result of or arising out of any violation of this provision.
3. Termination. We have the right to terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon any such termination you agree that you will immediately cease accessing or using the Site, either directly or through an intermediary. Our termination of your right to use the Site shall not impair, limit, or terminate this Agreement.
4. Disclaimers. Although we make reasonable attempts to ensure the integrity of the Site, we make no guarantees as to the Site's accuracy or completeness. In the event that a situation arises in which the Site's accuracy or completeness is in question, please contact us at The National List, Inc., 925 Basin Avenue, Ste. 2, Bismarck, ND 58504, fax: (701) 223-5634 with a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
Your use of the Site is entirely at your own risk. We make absolutely no warranty with respect to any services, products or advice offered or provided by any attorneys or other individuals or entities that may be listed or otherwise appear on the Site or be linked with the Site. While we make reasonable efforts to ensure that any attorney or other service provider listed in this Site meets such listing criteria as we may establish from time to time, there is no assurance that such criteria will be effective to ensure that any such attorney or other service provider is qualified or appropriate for your requirements.
You expressly understand and agree that under no circumstances shall The National List or any of its affiliates, or any of their respective officers, directors, employees and agents be liable to you or any person or entity in connection with any use or misuse of, or reliance upon, any information that appears on this Site, or by reason of any services, products or advice received through or advertised on the Site or received through any links provided on the Site. Any business that you transact with any person or entity through or in connection with the Site shall be solely upon such terms, conditions and compensation as may be agreed upon between you and such person or entity. You agree that you will, at your expense, indemnify The National List and all of its affiliates, and all of their respective officers, directors, employees and agents, and hold all such parties harmless from any losses, liabilities, claims, suits, civil, criminal, or administrative proceedings, fines, penalties, judgments, actual, consequential, and punitive damages, costs, legal fees, and expert witness fees that they may incur as a result of or arising out of any such transaction. The National List does not share in any fees or other amounts that may be payable in connection with the forwarding of any claim to any attorney listed on the Site (although such attorneys pay a periodic listing fee to The National List).
The Site is provided "as is" and without warranties of any kind, either express or implied. Neither we nor any business or entity referred to on this Site is advising you as to the suitability of this Site to meet your commercial, or consumer needs or its suitability for your particular circumstances. To the fullest extent permissible pursuant to applicable law, we and our affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of this Site or the contents hereof will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or any software are free of viruses or other harmful components. No opinion, advice or statement by us or any of our affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the Site or otherwise, shall create any warranty.
5. Limitation of liability. Neither we nor any of our affiliates, licensors, suppliers, advertisers or sponsors, nor their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, any linked Site or any product or service advertised on the Site. Your sole remedy for dissatisfaction with the Site or any linked Site is to stop using the Site, or the linked Site, as applicable. The sole and exclusive maximum liability to The National List for all damages, losses and causes of action, whether contractual, under common law or in tort (including, without limitation, negligence), statutory, regulatory, or otherwise, shall be the total amount paid by you, if any, to access the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The National List shall be in no way liable for the contents of any of the web Sites that are linked to our Sites.
6. Indemnification. You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, actual, punitive, or statutory damages, losses, costs (including reasonable attorneys' fees), arbitration awards, judgments, and other expenses and liabilities that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your use of the Site.
7. Copyrights and other rights. The contents of this Site, and the rights thereto, are owned or duly licensed to The National List. Any unauthorized use or copying of the information on our Site is strictly prohibited without our express written permission.
8. Trademarks. Any and all trademarks and service marks appearing on our Site are trademarks or registered trademarks owned by, or duly licensed to The National List or its affiliates, advertisers, or sponsors. Any unauthorized use of these trademarks is strictly prohibited without the express written permission of The National List.
9. Consent to electronic records and notices. If a statute, regulation, or other rule of law requires that a notice or information relating to or involving the Site, the use of the Site, or any data security breach involving us or any of our affiliates, subsidiaries, agents, or attorneys, be provided or made available to you in writing, you consent to the use of an electronic record to provide or make available (whichever is required) any such information. This consent applies to all notices or information of any kind or nature that we may be required to provide to you as a result of or arising out of your use of the Site. Any such notice that we are required to provide to you will either be posted on this Site on a page that can be printed, saved to disk, or converted to and stored as a portable document format ("PDF") file, or sent to you via email in a form that can be printed, saved to disk, or converted to and stored as a PDF file. The software requirements for receipt and printing of electronic documents from us consist of a web browser and an email program. You will need software capable of creating PDF files if you wish to store notices and records in that format. Electronic communications and notices provided by the Site can be printed on any printer that is commercially available and configured for use in the United States.
10. Miscellaneous. This Agreement is governed by and construed in accordance with the internal laws of the state of North Dakota, United States of America, without regard to its principles of conflicts of law. If any provision of this Agreement is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
By using this Site you acknowledge that (1) you have read and reviewed this Agreement in its entirety, (2) you agree to the Terms and Conditions of this Agreement, (3) the individual so agreeing has the power, authority and legal right to enter into this Agreement on your behalf and that this Agreement constitutes binding and enforceable obligations of you and any heir, executor, administrator, successor, assign, attorney, or trustee asserting your rights.
Revision date: November 19, 2007