Terms of Service | Consult List

Terms of Service/Legal Notice

Theravera Management LLC, doing business as Consult List (“Consult List,” “us,” “we,” or “our”) owns and operates the website available at consultlist.com (“Site”) and any related services (collectively with the Site, the “Services”). By accessing or using Consult List’s Services, you agree to the following Terms of Service/Legal Notice, as well as our Privacy Policy and any other terms and conditions that may appear elsewhere through the Services, all of which are hereby incorporated by reference (collectively, the “Agreement”). Please read this Agreement carefully. This Agreement applies to anyone (“you” or “your”) who signs up for an account or profile on the Site or otherwise uses our Services.

This Agreement applies only to the Services identified above. Other sites, apps, social media accounts, or other content Consult List makes available to you may have their own terms and conditions that should be reviewed.

This Agreement is effective as of: October 5, 2022.

IMPORTANT, READ CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND CONSULT LIST, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. THE SERVICES ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE CONSULT LIST’S SERVICES. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE LAWS AND REGULATIONS.

Consult List may provide specialized offerings through the Services that will have additional terms and conditions or rules. If any portion of this Agreement conflict with the special terms or rules for any such special offering, the conflicting portion of the special terms or rules will govern for that specific portion of the offering unless stated otherwise.

Consult List does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.

In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that Consult List in no way endorses or is responsible for these services.

Purpose of the Services

The intended purpose of the Services is to help mental health and other allied healthcare professionals who are trying to connect prospective clients with qualified mental health professionals for purposes of arranging an initial consultation. The content available through the Services is only intended for the purpose of providing information so that clinicians and other medical professionals can assist people seeking non-urgent mental health services by identifying professionals who will offer a consultation.

The Services are not intended to be used by anyone who is not a medical or mental health professional, and the Services are not intended to provide any medical or mental health advice, services, treatment or therapy. Any information available through the Services is not a substitute for professional consultations and medical advice. If you use the Services, you acknowledge that you are solely responsible for determining whether you or any other user of the Services is legally authorized and qualified to operate a medical or mental health practice. THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Any content made available on or through the Services is provided for informational or consultation referral purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Consult List. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.

Any and all content available through the Services are subject to availability. Any and all use of the Services is done at your own risk. Consult List will try its best to make the Services useful, but Consult List does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely safe or without defect.

License

Consult List hereby grants you a revocable and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Services’ intended purposes. Consult List reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.

Automated Calls and Texts

There may be areas of the Services which allow you to provide phone numbers that belong to clients, potential clients, or other third-party individuals seeking assistance from mental health professionals (“End Clients”). Consult List and its third-party communication service providers such as Twilio may use such information to provide to such End Clients automated SMS or text messages related to consultation offers the End Client receives through our Services. More information on how Twilio may handle phone numbers and other personal information it receives through such procedures may be available at https://www.twilio.com/legal/privacy. You are not authorized to provide any such third-party phone numbers to Consult List for processing unless you have secured and maintain a record of all necessary consents from each applicable End Client in compliance with applicable law so that Consult List may process any such End Client phone number in accordance with this paragraph. To the extent you provide any phone number belonging to an End Client, you hereby represent and warrant that you have obtained all applicable consent necessary for Consult List to process any such phone number as set forth herein.

Intellectual Property Rights and Ownership

Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective user of the Services who uploads or posts such content as set forth in the section titled “User Generated Content,” below, all content appearing through the Services including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of content, or any other related electronic content or files (collectively “Consult List Content”) are the sole property of Consult List or its licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.

Any use of Consult List Content that is not consistent with the intended purpose of the Services, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Consult List's prior written consent, is strictly prohibited, except you may print out one copy of each page on the Site solely for personal or internal, non-commercial use. No other use is permitted without Consult List’s prior written consent. You may not sell, transfer, assign, license or sublicense any Consult List Content. The use or posting of any Consult List Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use Consult List Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of Consult List Content. Consult List Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Consult List Content. Unauthorized use of any Consult List Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any Consult List Content is transferred to you as a result of you accessing, downloading or printing any Consult List Content from the Services. Any use of Consult List Content must display the appropriate copyright, trademark and other proprietary notices. All software used in connection with the Services is the sole property of Consult List or those supplying or licensing the software.

You acknowledge that you have no right, title, or interest in or to the Services or any Consult List Content.

CONSULT LIST and THERAVERA are trademarks owned by Consult List. In addition, other trademarks, product names, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of Consult List in the U.S. and other countries, or they may be the property of their respective owners.

There may be other content available through the Services not owned by Consult List, and you should respect those property rights as well.

All rights not expressly granted herein are reserved to Consult List.

Access Limited

The Services are intended for mental health and allied medical professionals who are located in the United States and eighteen (18) years of age or older. If you access the Services outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws and regulations. By using the Services, you agree that information about you may be transmitted to and stored in the United States. Consult List reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Consult List reserves the right to change, suspend, or discontinue all or any aspects of the Services at any time without prior notice. You are not permitted to violate any laws when using or accessing the Services.

Consult List does not knowingly collect information from children, including those less than thirteen (13) years of age. If you are a child, do not submit any information to Consult List. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.

If you register to set up an account or profile on or through the Services and use a username and password or other account access information (“Account”), you will be responsible for all activities occurring under your Account and for keeping your password secure. Consult List assumes no responsibility or liability for the violations of anyone using your Account. You shall provide Consult List with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Consult List at compliance@theconsultlist.com of any unauthorized use of your username and password or any other breach of security you know about in relation to Consult List or the Services. Any Account holders may cancel their Account(s) at any time by contacting support@consultlist.com. Consult List may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts. Under no circumstances will Consult List be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

Term & Termination

The term of this Agreement shall begin when you: (1) sign up to set up an Account, regardless of whether you register for a paid subscription-based Account, as described in more detail, below, or if you sign up for another version of the Services that requires no payment up front; or (2) start using the Services. Unless you are notified otherwise, agree to, and are allowed by Consult List, such term shall continue for as long as you maintain use of the Services, or until otherwise terminated pursuant to this Agreement (“Term”).

Without limiting any of its other rights or remedies, Consult List reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and/or your Account or access to all or any part of the Services without prior notice or liability in response to your breach of any term in this Agreement. Consult List reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

Upon any termination of this Agreement: (1) all rights Consult List granted to you shall terminate and Consult List shall no longer provide you with access to the Services; (2) you shall cease using the Services; and (3) Consult List may delete any data or information which you transmit using the Services.

Fees and Payment Terms

You acknowledge that simply browsing the Site and using any other free version of the Services may not include all features and functionality that are included for holders of paid subscription-based Accounts, and that Consult List reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion with at least thirty (30) days’ advance notice through the Site, elsewhere through the Services, and/or via email, if available.

Consult List currently offers a paid Pro Membership subscription for its Services, which is available for a recurring annual or monthly fee. A Premiere Membership also may be provided which could include additional features beyond what is available to anyone with a Pro Membership. Pricing information is available for public review at app.consultlist.com/membership. All subscriptions will renew automatically for consecutive annual or monthly renewal Terms, as applicable, unless you cancel or terminate your subscription and/or Account prior to the expiration of the then current subscription Term. You may cancel or terminate your subscription and/or Account at any time. All fees paid by you for your use of any portion of the Services are non-refundable.

All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Services, or your access to the Services. You shall be solely responsible for all such taxes, duties and charges, as applicable.

You may be able to make payments with credit or debit card (Visa, MasterCard, Discover and American Express), or with other payment options made available to you through the Services. You confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorized by the owner of the payment information or account to use it. Credit/debit cards and their account holders may be subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Consult List, we will not be liable for any Services cancellation or termination. Consult List uses third-party payment processors such as Stripe to administer any payments or transactions you authorize while using the Services, and these third-party processors may directly collect your credit/debit card or other payment or personal information through the Services. If you use Stripe for payment methods offered through the Services, your payments are subject to Stripe’s Payment Terms and any other Stripe terms and conditions applicable to your payments (available as of the Effective Date at https://stripe.com/legal/payment-terms).

If you register or maintain an Account for the Services, continued access to your Account may be conditioned on you maintaining a fully paid and current subscription, if applicable. At Consult List’s discretion, access to your Account may be suspended or terminated in the event your Account becomes inactive, subscription fees are not paid on time, or for any other violation of the terms of this Agreement.

User Generated Content

Certain areas of the Services may allow you and other users to upload or post user generated content (“UGC”) in certain locations, including, but not limited to, areas where you can provide comments and other content as feedback on Consult List Services. Any UGC you and other users of the Services transmit, post or otherwise make available on or through the Services, which includes any comments, photos, videos, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Consult List on a non-proprietary and non-confidential basis. You hereby grant to Consult List and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing and advertising Consult List’s Services, in any media now known or hereafter developed; and/or (3) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Consult List may process and disclose such information as necessary to: (1) fulfill Consult List’s obligations under this Agreement; (2) comply with any applicable legal obligations; (3) avoid any imminent harm to you or another person; (4) carry out tasks in the public interest; or (5) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services.

If you register to create an Account through the Site or otherwise use the Services, any data or information which you transmit using the Services (collectively, “Account Data”) will not be used by Consult List except as described in this Agreement or our Privacy Policy. You agree that Consult List may analyze your Account Data, in combination with the data of other Account holders, to create aggregated and anonymized statistics or data that do not generally identify you and Consult List may use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data.

Consult List reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold Consult List harmless from any claims resulting from any action taken by Consult List during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Consult List or law enforcement.

You acknowledge and agree that Consult List may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, without limitation, to address any UGC that Consult List determines is inappropriate or disruptive to the Services or to any other user of the Services. Consult List has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.

You represent and warrant to Consult List that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

The transmitting, posting, or making available of UGC on or through the Services does not indicate Consult List’s approval or endorsement of such UGC. Consult List is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Consult List a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to Consult List’s designated agent for notice of claims of copyright infringement at:

By mail:

Theravera Management LLC d/b/a Consult List
390 Commerce Drive
Fort Washington, PA 19034
Attn: Copyright Agent

By email: legal@consultlist.com

Under the DMCA, notices must include all of the following details:

i. An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;

iii. A description 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 disabled, and information reasonably sufficient to permit Consult List to locate the material, such as its URL;

iv. Information reasonably sufficient to permit Consult List to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

vi. A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Consult List takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.

If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to legal@consultlist.com detailing your allegation. Consult List takes infringement of intellectual property rights seriously and will investigate the matter.

You are solely responsible for all UGC and any other data that you or anyone using your Account uploads on or through the Services. Consult List does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.

Acceptable Use Policy

In connection with your access to and/or use of the Services, you agree not to:

- Provide any link, UGC or other information which directs other users of the Services to or otherwise interacts with professional profiles available through subscription-model therapy companies employing or affiliating more than 50 therapists.

- Violate any federal, state, or local laws or regulations.

- Discuss, incite, or promote illegal activity.

- Upload or post anything that imposes an unreasonable or disproportionately large strain on Consult List’s network or computer infrastructure.

- Upload or post any inappropriate or offensive content or language.

- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services.

- Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services.

- Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by Consult List or other users of the Services.

- Make unauthorized attempts to modify any information stored through the Services.

- Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes.

- Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.

- Provide false or misleading information through the Services.

- Use the Services to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive. Consult List reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Consult List reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

Links to Third-Party Sites

The Services may contain links to other websites, apps, social media platforms, marketplaces or other online services not controlled by or affiliated with Consult List. If you use these links, you will leave the Services. Consult List provides these links to you only as a convenience. Consult List is not in any way responsible for the linked sites or their content including, without limitation, any links displayed on or through such third-party services, nor does Consult List warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any linked third-party services at your own risk. The links are not meant to indicate any association with Consult List, and Consult List does not endorse any linked site or service, or any goods or services promoted or listed on such sites or through such services. If you access or use any linked third-party services, you will be subject to the terms of use, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms of use of such third-party services before using them.

Consult List also may allow interaction between the Site and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Site that when used, may allow you to share content from the Site with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons on the Site, Consult List is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or services.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, CONSULT LIST, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES OR CONSULT LIST CONTENT. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO CONSULT LIST CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE DISCLAIMING PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF CONSULT LIST CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE AND ITS RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, AND CONSULT LIST CONTENT AT YOUR OWN RISK.

THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SITE AND ANY RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE DISCLAIMING PARTIES DO NOT WARRANT THAT CONSULT LIST CONTENT, THE SITE, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY CONSULT LIST CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE DISCLAIMING PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE TO ANY USER OF THE SITE, ITS CONTENT, OR ANY RELATED SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (1) THIS AGREEMENT; (2) THE USE OR INABILITY TO USE THE SERVICES; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (5) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY DISCLAIMING PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE DISCLAIMING PARTY(IES) FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DISCLAIMING PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH CONSULT LIST, THE SITE, ANY RELATED SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or Account, as applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.

Geographic Limitation

The Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.

Policies, Modification, and Severability

Consult List reserves the right to make changes to the Services, this Agreement and Consult List’s Privacy Policy at any time. Each time you use the Services, you should visit and review the then current Agreement and Privacy Policy that apply to your use of the Services. By continuing to use the Services after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Policy. If you are dissatisfied with the Services, our content, this Agreement or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

Applicable Law

By using the Services, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Consult List.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania for any litigation arising out of or relating to this Agreement or Consult List’s Services.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Pennsylvania courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

Other Provisions

Notice to California Residents – If you are a California resident, in compliance with your rights under California Civil Code Section 1789.3, you have the right to contact Consult List with any complaints or to seek additional information. You may email Consult List at compliance@theconsultlist.com. You may also call 1-833-946-4890. For any physical documents, you may send mail to 390 Commerce Drive, Fort Washington, PA 19034. If California users have any questions or complaints about Consult List, they also may contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210. Hearing impaired persons may call 1-800-735-2929 via TTY device.

Consult List does not represent that any content available through the Services is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.

Consult List does not guarantee or promise that any information, opinions or recommendations available through the Services are helpful or reliable.

YOU AGREE THAT CONSULT LIST IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using any of the products or implementing in any manner any of the information, opinions or recommendations found available through the Services.

Consult List is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Consult List’s computer or network systems that may or may not result in the disclosure of Personal Information you provided to us.

If Consult List terminates your access to the Services, Consult List also may delete your Account, if you have one. Consult List reserves the right to terminate any password-restricted Account for any reason.

Consult List’s failure to enforce any portion of this Agreement is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.

Consult List reserves the right, without notice or reason, to take down or terminate the Services, or otherwise revoke any and all access granted to you related to the Services. You agree that Consult List is not liable to you or any other third party for this action.

Certain software elements of the Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

Unless otherwise noted, this Agreement, together with our Privacy Policy and any other terms and conditions that appear elsewhere on or through the Services, constitute the entire Agreement of the parties with respect to the Site and any related Services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Consult List with respect to the Site and any related Services.

Contact Information

You may contact Consult List using the following information:

By mail: 390 Commerce Drive, Fort Washington, PA 19034
By email: support@theconsultlist.com
By telephone: 1-833-946-4890