Welcome to the website of Expert List, Inc. d/b/a Peroozal ("Peroozal", "us" or "we"). Please read these terms and conditions including our privacy policy before using the persoozal.com site (the "Site"). Your use of the Site is subject to the following terms of use ("Terms of Use") which applies to all information, advertising, products and services provided by the Site.

By accessing, browsing, or otherwise using the Site, you agree that you have fully understood and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations as they may exist from time to time and be applicable to the Site and its operation. You also agree to the privacy conditions and policies of the Site (the " Privacy Policy"), which are part of these Terms of Use. In the event that you do not agree to be bound by the Terms of Use, you may not access or otherwise use the Site.

In addition to any other rights, Peroozal may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on the Site.

Peroozal may amend, change or modify these Terms of Use, at its sole discretion, at any time by posting the amended terms on the Site. The amended terms shall be effective automatically upon being posted on the Site. Your continued use of any of the Site following the posting of any changes will be deemed your agreement to the amended terms and conditions.

1. LICENSE TO USE THE SITE

Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a non-exclusive, non-transferable and a limited right to access, use and display the Site and the materials thereon provided you continue to comply with our Terms of Use.

2. NON-INTERFERENCE

You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access any part of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use any "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you. Peroozal reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Peroozal or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.

3. ELIGIBILITY

You must be 13 years or older to access this Site. You must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. We may refuse our services to anyone or limit your use of any or all of the Site, at any time, in our sole discretion.

4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectable elements of the Site including the design, structure, selection, "look and feel" and arrangement of such content, (collectively "Content"), that is either owned, controlled or licensed by Peroozal (unless otherwise indicated) and that all Content on the Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copyrighted by Peroozal, its licensors or its affiliates as a collective work under the U.S. copyright laws, and Peroozal, its licensors or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content, unless otherwise indicated. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part except as explicitly set forth herein.

If no specific restrictions are displayed or set forth in this Terms of Use, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Some photographic and text content contained on the Site is made available by Peroozal pursuant to the Creative Commons' Attribution-Noncommercial-Share Alike 3.0 License (the "CC License"). The CC License allows the images or text to be copied, modified, and redistributed by any organization or person provided: (i) you attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work); (ii) you must not remove any hyperlink or other information that identifies the author(s) or licensor(s) of the work copied, modified, and redistributed and; (iii) if you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to the CC License. For more information on the CC License please read http://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License .

Recommendations (as defined below) contained on the Site may be copied and redistributed by any organization or person solely as part of a Peroozal recommendation or recommendation list. Any such usage must attribute the Author of the Recommendation and Peroozal in the manner specified by Peroozal (but not in any way that suggests that the Author or Peroozal endorses you or your use of the work).

Some text content contained on the Site is licensed to Peroozal pursuant to a bulk data license (the "Bulk License"). Pursuant to the Bulk License you may copy and redistribute select portions of such content, provided that the copies are made only for non-commercial use and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Users understand and agree that: (i) there may be other rights contained in content made available under the CC License, Bulk License or as part of a Recommendation; (ii) user may be required to obtain further license(s) from third parties to use such content (or portions thereof); and (iii) Peroozal makes no representations or warranties of any kind, express, implied or arising by law or otherwise regarding such content, including without limitation warranties of title, merchantability, fitness for a particular purpose or non-infringement.

5. AUTHOR CONTENT

The Site includes book recommendations by Peroozal approved authors (each an "Author" and collectively, "Authors"). You, as Author, grant Peroozal a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any book recommendation (each a "Recommendation") that you post on or in connection with the Site provided, however, that Peroozal shall only use such Recommendations as part of a book recommendation or book recommendation list and further, provided, that Peroozal shall use reasonable efforts to ensure that any such Recommendation is appropriately attributed to you as the Author. Notwithstanding anything contained herein to the contrary, Peroozal is expressly permitted to copy, distribute and sub-license any Recommendation to third parties via social media, feeds, widgets, third party Website or otherwise. You represent and warrant that you; (i) own or have the necessary licenses, rights, consents, and permissions to use and to authorize Peroozal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Recommendations posted or published by you, to enable inclusion and use of such content in the manner contemplated by the Site and these Terms of Use; (ii) that any Recommendation that you post on or in connection with the Site does not contain content which may be unlawful, false, misleading, infringing, abusive, harassing, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws, would constitute a criminal offence or give rise to civil liability or would violate personal or privacy rights of third parties.

6. USER CONTENT

In order to provide you access to the Site, content and other services, you grant Peroozal a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Peroozal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content posted or published by you, to enable inclusion and use of such content in the manner contemplated by the Site and these Terms of Use.

7. USER REPRESENTATIONS

You warrant and represent to us, which representation we rely upon, that you will not (i) up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful, false, misleading, infringing, abusive, harassing, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability; (ii) use or violate any intellectual property rights of other parties; (iii) violate personal or privacy rights of third parties; (iv) use the Site or services, if you are not able to form legally binding contracts or have been terminated or suspended from use of the Site; or (vi) provide us with any false or misleading information about you, or otherwise post unauthorized commercial communications to users (such as spam).

8. PRIVACY

Peroozal recognize and respects the importance of maintaining the privacy of its users and have established the Privacy Policy. In our Privacy Policy (which is part of the Terms of Use) we describe why we gather user information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy.

9. ACCOUNT, PASSWORD AND SECURITY

Certain services offered on or through the Site may require you to open an account. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access the Site, and are fully responsible for all activities that occur under your account. You will not provide any false personal information when opening account and will keep your contact information accurate and up-to-date. We reserve the right to remove or refuse any username. You will not solicit login information, access an account belonging to someone else or do anything that may jeopardize the security of your account. You agree to notify Peroozal immediately of any unauthorized use of your account. Peroozal is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. Peroozal shall not be liable for any inaccuracy or any other error in connection with your account.

10. INDEMNIFICATION

You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of your agreements, covenants, warranties, representations and obligations under the Terms of Use. Your indemnification obligations shall extend to Peroozal and its directors, officers, owners, affiliates, employees, agents and sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent, to be exercised on a reasonable basis.

11. LINKS TO OTHER WEB SITES

The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Peroozal is not responsible for the availability of, and content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Peroozal is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Peroozal is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller or provider, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Peroozal is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

12. PURCHASES, SERVICES AND OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, sweepstakes, promotions or other similar features, all of which terms are hereby incorporated into these Terms of Use. You agree to abide by such other terms and conditions. If the event of a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service or product. Peroozal has no responsibility or liability whatsoever for goods or services obtained from third party web sites or web pages, even if you were directed or linked to such web site or web page through the Site. Peroozal’s obligations, if any, with regard to Peroozal’s products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to amend such agreements. You agree that Peroozal is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Peroozal does not guarantee that any products or services offered on the Site will still be available. Peroozal may in its sole and absolute discretion and without further notice to you, make changes to products or services or the applicable prices for such services or products. If a product or service offered by Peroozal itself is not as described, your sole remedy is to return it in unused condition. The receipt of an email order confirmation is simply notification that we have received your requested order, and does not constitute an offer to sell. Peroozal reserves the right to limit the quantity of any item sold, or prohibit a sale altogether.

13. CONTROL OF SITE

Peroozal may at any time, and from time to time, in its sole discretion, modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. Peroozal may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you. Peroozal does not endorse any submissions by users or any opinion, recommendation, or advice expressed therein, and Peroozal expressly disclaims any and all liability in connection with users’ submissions.

14. INFRINGEMENT OF COPYRIGHT

If you believe that content residing on or accessible through the Site infringes your copyright, please send a notice of copyright infringement to Expert List, Inc, Attn: Copyright Support, at 21 W 26^th St, New York, NY, 10010. The notice must be in compliance with the Digital Millennium Copyright Act 1998 ("DCMA") (a copy of which can be found at http://www.copyright.gov/legislation/dmca.pdf), and must contain the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the content that is claimed to be infringing including the exact URL of the page containing the information and/or such other information so that Peroozal is capable of finding and verifying its existence;
• Your contact information including address, telephone number and, if available, e-mail address;
• A statement that the you have a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright owner or authorized to make the complaint on behalf of the copyright owner.

Once Peroozal has received the above, Peroozal may remove or disable access to the infringing content and notify the content provider that it has removed or disabled access to the content.   Please note that any person who knowingly misrepresents that material on the Site is infringing his/her copyright may be subject to liability.

 

In the event that Peroozal notifies you that Peroozal has received proper infringement notification about your content, you may elect to send Peroozal a counter notice. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf . To file a counter notification with Peroozal, you must provide the following items to us in writing:

• The exact URL of the page containing the content that Peroozal has removed or to which Peroozal has disabled access;
• Your name, address, telephone number, and email address;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) or an agent of such person; and
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.";

15. DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. PEROOZAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEROOZAL MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY USE OF THE SITE, CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PEROOZAL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. PEROOZAL RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

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

16. LIMITATION OF LIABILITY

WE PROVIDE THE SITE AND OUR SERVICES ON AN "AS IS" and "AS AVAILABLE" BASIS. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or services or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.

17. PUBLIC AND PRIVATE COMMUNICATIONS

You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to Peroozal, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Peroozal will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.

18. VIOLATION OF TERMS OF USE

Please report any violations of this Terms of Use, by emailing [ADD URL], providing details of the suspected violation and the posting, if applicable. Peroozal reserves the right to suspend or terminate a users account, or take such other action (including without limitation, legal action) or no action as Peroozal in its sole discretion deems necessary provided, however Peroozal is not obliged to take any action and that Peroozal will have no liability to you based on its exercise or failure to exercise such right. Peroozal's failure to act with respect to a breach by any user does not waive its right to act with respect to subsequent or similar breaches.

19. USERS OUTSIDE THE UNITED STATES OF AMERICA

Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. Peroozal will not be responsible and makes no representations that objects for sale on the Site and their associated intellectual property rights are available for use in locations outside of the United States of America.

20. APPLICABLE LAW

These Terms of Use and use of all of the Sites shall be governed by the laws of the State of New York without giving effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in the federal or state court, of New York County, New York and hereby consent to the jurisdiction of such courts.

21. VOID OR UNENFORCEABLE PROVISION

In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.

22. WAIVER

The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the remainder of such right and shall not be deemed in waiver of any subsequent rights.

23. HEADINGS

Headings used in this user agreement are for convenience only and are not to be relied upon.

24. BINDING EFFECTIVE AGREEMENT

The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate, successor or other company related to Peroozal upon notice thereof to you.