TheLi.st Membership Terms of Service

Date updated: January 2, 2026

MEMBERSHIP TERMS OF SERVICE

A-List Media LLC DBA TheLi.st, a subsidiary of New Power Media LLC is a members-only professional leadership community. These Terms of Service are entered into by and between you and TheLi.st (the “Company” or “we” or “us”). These Terms of Service govern your membership with TheLi.st along with any other services offered by us whether through TheLi.st Google Groups email list, TheLi.st Mighty Networks  member community (TheLi.st HQ), through the site www.theli.st, third-party platforms, or in person (collectively, the “Services”). For purposes of these Terms, “Events” means any in-person or virtual events, programs, classes, workshops, retreats, trips, meetups, conferences, experiences, or gatherings that TheLi.st organizes, hosts, sponsors, markets, sells or distributes tickets for, or otherwise makes available, whether solely by TheLi.st or in collaboration with third parties or at third-party venues (“Third-Party Venues”). “Attendee” means any person who registers for or participates in an Event.”

Acceptance of the Terms

Your use of the Services is also subject to the terms of our Privacy Policy on how we collect and use your information, as well as our Community Values and Code of Conduct and Code of Conduct  on how you communicate and interact with other members or Listers. Please read the terms of all of these documents carefully, as together with these Terms of Service they constitute the entire agreement between you and TheLi.st (the “Terms”).

By clicking to agree to these Terms you:

●      acknowledge that you have read and understood these Terms,

●      represent and warrant that you are over 18 years of age, and all registration information you provide is truthful and accurate, and

●      accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference.

By registering for or attending any Event, you accept and agree to be bound by these Terms and any Event-specific terms we provide from time to time (“Event Terms”).  Events are intended for individuals 18 years of age or older. We may, in our sole discretion, permit minors to attend certain Events if accompanied by a parent or legal guardian who assumes full responsibility and signs any additional waivers we require.

Your use of and access to TheLi.st Google Groups email list is also governed by Google Group’s Terms of Use,Privacy Policy and other policies of Google and Mighty Networks’ Terms of Use, Privacy Policy and other policies of Mighty Networks. Each of Google and Mighty Networks is responsible for its respective Terms of Use, Privacy Policy and other policies.  The Company disclaims responsibility and liability for the operation and maintenance of the Google Groups email list and Might Networks services.  Your use of TheLi.st could be subject to additional terms and conditions adopted by Google and/or Mighty Networks. 

Changes to the Terms

We reserve the right to update and modify these Terms at any time. Any such modifications are effective immediately when we post them, and apply to all use of the Services thereafter. If you do not agree to any of these Terms, please do not participate in the Services. Your continued use of the Services constitutes your acceptance of the revised Terms.   

Membership Application and Fees

TheLi.st is an invite-only membership platform. Your membership must be for your personal use only. Transfer of membership to other persons is strictly prohibited. In order to be considered to be a member, you generally must be referred by a current member. During the application and registration process we request certain personal information that you agree to provide to us subject to the terms of our Privacy Policy. Completed membership applications are added to the waiting list and we will review them on an ongoing basis. Acceptance for membership shall be at our sole discretion in the furtherance of the good name and reputation of our community. We are under no obligation to accept any individual as a member and may accept, reject or ignore any application for the Services in our sole and complete discretion. No reason shall be given for refusal of any application at any stage and all information relating to the determination of a membership application shall be treated in accordance with the terms of our Privacy Policy.

Your membership fee is $950 per year, or $85 per month, payable upon joining. Thereafter, membership renewals are automatic unless terminated prior to the start of the new period. Payment of yearly membership fees will be due on the day before the anniversary the payment was made the previous year. Payment of monthly fees will be due on the day before the monthly anniversary of registration. Failure to pay membership fees when due may result in the termination or suspension of your membership.

You may also terminate your membership at any time, however membership fees that you have paid are nonrefundable.

We reserve our right to change the amount and frequency of the required membership fee and payment terms at any time, and in our sole discretion we may accept members without requiring fees or a formal application.

You agree to pay all fees incurred by you, and you hereby authorize us and our third-party payment service provider Paypal to collect such fees using the credit card or other payment method you provide to us. The information you provide to our payment service is governed by Paypal’s Terms of Service and Privacy Policy .

Refunds

Our membership fees are non-refundable. However, if you have registered for yearly membership and notify us within 14 days of your initial payment that you are not satisfied with the Services or due to a change of circumstance you can no longer use the Services, we will issue you a refund of your fee, minus the non-refundable processing fees. If your yearly membership is auto-renewed unintentionally, and you let us know within 7 days via email to membership@theli.st, we will give you a refund, minus the non-refundable processing fees, and cancel your membership.  After the respective 14th or 7th day of your payment we may, at our sole discretion, choose to refund the applicable fee, in whole or in part, if we believe a refund is justified.

Event Registration and Ticketing; Cancellations, Refunds, and Transfers

Registration and Payment. Event fees (if any) are separate from membership fees and are due at registration unless we state otherwise. Your registration is personal and may not be sold, assigned, or transferred without our prior written consent.

Changes by Us. We may modify Event agendas, speakers, content, activities, schedules, locations, or formats (including moving to virtual), and we may substitute facilitators or cancel an Event in whole or in part. If we cancel an Event in full without offering a reasonably comparable alternative, your sole and exclusive remedy is a refund of Event fees paid to TheLi.st for the cancelled Event. We are not responsible for, and will not reimburse, any travel, lodging, or other costs.

Cancellations by You. Unless we expressly provide otherwise in Event-specific terms, all Event registrations are non-cancellable and nonrefundable. We may, in our sole discretion, allow registration transfers or credits.

Minimums and Capacity. We may set minimum or maximum participant numbers and may cancel or adjust capacity at our discretion. If we cancel due to unmet minimums and do not offer a reasonably comparable alternative, your sole remedy is a refund of Event fees paid to TheLi.st.

Force Majeure. We will not be liable for any delay, change, or failure to perform due to events beyond our reasonable control (including but not limited to severe weather, public health events, labor disputes, governmental orders, or venue unavailability). If an Event is materially impacted by force majeure, we may reschedule, provide a credit, switch to a virtual format, or cancel. Your sole remedy will be a refund or credit of Event fees paid to TheLi.st, as determined by us, and in all cases we will have no responsibility for travel, lodging, or incidental expenses.

Insurance; Travel and Lodging

You are solely responsible for your travel and lodging arrangements and costs. We recommend that you obtain appropriate medical, travel, and trip-cancellation insurance. TheLi.st is not responsible for any travel or lodging losses or penalties, including in the event of schedule changes or cancellations.

Registration

To register with TheLi.st and TheLi.st HQ, we ask you to provide certain information including your name, email address, phone number, social media profile links, links to personal and professional websites, occupation, geographical location, and other personally identifiable information. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You are responsible to keep your login information to TheLi.st and TheLi.st HQ private and secure, and are responsible for all activities (whether by you or by others) that occur under your account. Your access to the Services is strictly personal and may not be shared with or disclosed to any other party. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your account information.

If we have reasonable grounds to suspect that you shared the login information with anyone else, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

The Company is based in the State of New York in the United States and provides its Services for use by persons based in the United States. We make no claims that the site, the Services or any of its content is accessible or appropriate outside of the United States. If you access and use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

For Events, we may require additional information (e.g., emergency contact, allergies or dietary information, accessibility needs). You agree to provide accurate, current, and complete information. Failure to provide accurate information may result in denial of entry or removal without refund.

Event Data Sharing

To operate Events, we may collect and share Event-related information you provide (e.g., name, contact information, emergency contact, dietary or accessibility needs) with Third-Party Venues and service providers. Our collection and use of personal information are governed by our Privacy Policy. You agree to provide accurate information and consent to such sharing for Event operations.

Accessibility and Special Accommodations

We strive to host Events that are accessible and inclusive. Because many Events are held at Third-Party Venues, available accommodations may vary. Please contact us as early as possible with any accessibility or accommodation requests. We will make reasonable efforts to coordinate with Third-Party Venues but cannot guarantee that all requests can be met.

 Event Conduct; Venue Rules; Right to Remove

Code of Conduct. Our Community Values and Code of Conduct apply to all Events (in-person and virtual). You must also comply with all laws and any policies, rules, instructions, and signage of the Event facility or Third-Party Venue, including any alcohol, drug, quiet-hours, safety, accessibility, and security policies.

Right to Refuse/Remove. We may deny admission, remove, or require you to leave any Event at our discretion for safety, health, or conduct reasons, or for any violation of these Terms, Event Terms, or Third-Party Venue rules. No refunds or credits will be issued in such circumstances.

Damages. You are responsible for any loss or damage to facilities, property, or equipment caused by you, and you agree to reimburse TheLi.st or the Third-Party Venue on demand.

Termination

All Services must be used in accordance with these Terms, including our Community Values and Code of Conduct. If we determine in our sole discretion that you are not using the Services the way it was intended, or you breach any of these Terms, including our Community Values, we have a right to terminate or suspend your membership, or access to all of part of the Services.   We may deny, suspend, or terminate your access to any Event or portion thereof for violation of these Terms, Event Terms, or applicable policies or laws. No refunds or credits will be issued in such circumstances.

Services and Membership Profiles

As part of your registration and as our Services continue to expand and change, you will be asked to opt in or opt out of existing and new Services that we offer, including a membership directory and profiles. You may also decide to opt in or opt out of any existing Service at any time during your membership. If you need help, please send us a note to membership@theli.st

Posting Content

You represent and warrant that any material you post to The.Li.st and TheLi.st HQ does not infringe another party’s rights or any applicable federal, state or local law that may apply regarding the posting of material. You also agree that any content you post will not infringe on any third party right including copyright, trademark, patent, right of publicity or other intellectual property right, and will not slander, defame, libel or invade the right of privacy or publicity of any other person. If you submit any content to TheLi.st or TheLi.st HQ (questions, comments or otherwise) you understand and agree that it will be used by us and other members in accordance with these Terms without further requirement or consent from you. You retain your ownership rights in your content, but when you submit or post any material, you are granting us and our affiliates a limited non-exclusive, royalty-free and revocable license to use your content in accordance with these Terms. You are required to follow and be familiar with our Community Values . If you post material or misuse TheLi.st or any of our other Services in a way that infringes on another party’s intellectual property rights, or these Terms, we may remove the posting and you agree to indemnify us based on the indemnification provision set forth below.

Posts and messages you submit to TheLi.st Google Groups and TheLi.st HQ are part of our community archive. We may retain, index, and continue to make your previously submitted content available to current members, and include it in search results and summaries generated by the Services, even if you close your account or your membership ends.

Interactive Features and Monitoring

TheLi.st and the Services include a variety of features, such as an e-mail listserv, forums, bulletin boards, blogs, comment fields, chat rooms, and related services and features, which allow feedback and real-time interaction and communication among members. Responsibility for what is posted via e-mail or other posting areas part of the Services lies with each member – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through TheLi.st. It is a condition of your use of, and participation in the Services that you comply with these Terms, including our Community Values and Code of Conduct .

Any member failing to comply with these Terms, including our Community Values and Code of Conduct, may be expelled from and refused continued access to TheLi.st in the future.

We have no obligation whatsoever to monitor any of the content or postings by members on TheLi.st. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our members, partners, sponsors, and vendors.

Content Standards

These content standards apply to any and all member content and use of the Services. Member content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, member content must not:

●       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case (this includes any meetups or gatherings between TheLi.st members that are not organized by a member of TheLi.st management and/or given express permission by TheLi.st management to convene an official event);

●     Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

●      Promote any form of discrimination, including on the basis of race, sex and gender identity, religion, nationality, disability, sexual orientation or age;

●      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;

●      Be likely to deceive any person;

●      Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

●      Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

●      In any other way are in conflict with our Community Values and Code of Conduct.

Intellectual Property Rights

Except as otherwise expressly granted to you by these Terms, we reserve and retain all rights and interests in the Services. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that except with our prior written consent or as explicitly provided in these Terms:

●      Using the Services does not give you any ownership of any intellectual property rights in our Services, or

●      Grant you the right to display modify, reproduce, distribute, create derivative works from, download, store, transmit or otherwise use any of our or our members’ intellectual property.

Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and other intellectual property laws, and the laws of privacy, publicity, and communications laws.

Our Limited License to You. The content on the Services are the property of the Company and/or our affiliates, licensors or members, and are protected by copyright, trademark, and other intellectual property laws. The Services are provided solely for your personal noncommercial use. Subject to and in accordance with these Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make noncommercial use of the Services. Your membership entitles you only to use and participate in the Services in accordance with the foregoing license. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

Your License to Us. By posting or submitting any material (including, without limitation, comments, suggestions, entries, photos and videos) to us via TheLi.st or TheLi.st HQ, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. You retain your ownership rights in your content, but when you submit or post any material, you are granting us and our affiliates a limited non-exclusive, royalty-free worldwide, and sublicensable (solely to our service providers) license to use, host, store, reproduce, index, analyze, modify for formatting, create summaries and other derivative works from, and display your content as necessary to operate, provide, and improve the Services (including AI-assisted search, recommendations, and compilations). This license survives termination of your account and, to the extent necessary to operate, maintain, and preserve the Services and their archives, is irrevocable.

To provide the Services, we may use automated tools, including locally hosted artificial intelligence and machine-learning models, to access, index, analyze, and summarize member content across TheLi.st Google Groups and TheLi.st HQ and to generate contextual search results and compilations for current members. We do not permit your content to be used to train publicly available third-party AI models without your consent. We may engage service providers to operate these tools pursuant to agreements requiring them to process content solely on our behalf and in accordance with these Terms and our Privacy Policy.

Trademarks

Our name TheLi.st and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our site and used in connection with our Services are the trademarks of their respective owners.

Event Media and Recording; Use of Likeness

We and our partners may photograph, film, livestream, or otherwise record Events. By attending, you consent to the recording of your image, voice, and likeness and grant TheLi.st a worldwide, royalty-free, perpetual license to use, reproduce, display, distribute, edit, and create derivative works from such recordings in any media for promotional, educational, archival, or other lawful purposes, without further notice or compensation. If you prefer not to be captured, you must notify us in advance and follow any reasonable instructions we provide; we will use reasonable efforts to accommodate, but cannot guarantee you will not be incidentally recorded. Third-Party Venues or providers may also record Events in accordance with their policies.

Reporting Copyright Infringement Claims - DMCA Notice 

We respect the intellectual property rights of others. While we request our members to ensure all ideas posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when content accessible through our Services may include material that infringes on the copyright of another party. If this happens, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on TheLi.st or our site infringes their rights under U.S. copyright law. If you believe in good faith that content on TheLi.st or our site infringes your copyright, you (or your agent) may send us a notice requesting the material be removed or access to it blocked. The notice must include the following information:

●      your name, mailing address, telephone number and email address

●      sufficient detail identifying the copyrighted work alleged to have been infringed

●      identification of the material that you claim to be infringing

●      a statement 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; such as, “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law”

●      a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; such as, “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”

●      an electronic or physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.

All claims of copyright infringement should be emailed to membership@theli.st

It is our policy to cancel the membership and access to our Services to members who are repeat infringers.

Commerce with Third Parties; Third-Party Venues and Provider

You understand that the Services and any events, gatherings, programs, or activities we host, sponsor, or facilitate (collectively, “Events”) may display or include content, data, and information from other members and third parties, and may provide access to, links to, or reliance on third-party venues, platforms, tools, products, and services (for example, event facilities, lodging, transportation, catering, ticketing, videoconferencing, and activity providers) (collectively, “Third-Party Venues and Providers”). In consideration for TheLi.st allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place or permit advertising, promotions, or links related to third parties on or through the Services.

You may be required to accept separate terms and conditions and privacy policies of such third parties (including Third-Party Venues and Providers). We do not control and are not responsible for the acts, omissions, services, facilities, policies, or content of any third party, including any Third-Party Venues and Providers. We are not responsible for the quality, accuracy, timeliness, reliability, safety, availability, legality, or any other aspect of any third-party websites, services, facilities, products, or policies, and we do not endorse, warrant, or guarantee them.

If you make a purchase from, register with, or otherwise transact with a third party (including a merchant accessed through a link or ad on any of our Services, or a Third-Party Venue or Provider connected to an Event), the information obtained during your visit or transaction—such as your payment card number and contact information—may be collected by that third party. That third party may have privacy and data collection practices that differ from ours, and you may be subject to additional terms and conditions that specifically apply to your purchase, registration, attendance, or use. We have no responsibility or liability for these independent policies or terms. For more information regarding a third party, its website, its privacy policies, and/or any additional terms and conditions that may apply, visit that third party’s website and review its information or contact the third party directly.

Your dealings with any third party, including any Third-Party Venue or Provider, are solely between you and that third party. To the fullest extent permitted by law, you release TheLi.st and our affiliates from any and all claims, liabilities, and damages arising from or related to your interactions with, purchases from, attendance at, access to, or use of any third-party websites, services, facilities, products, or policies, including those made available through the Services or in connection with any Event.

No Warranties for Content

All content (including but not limited to posts by members or TheLi.st, introductions, comments, advertisements, etc.) is made available “as is” and we do not offer any warranty of any kind, or represent that the content will be accurate, complete, or error-free. We are not liable for the usage of, implementation of, impact from, or communication of the ideas or other information presented in any content. Additionally, nothing contained in this network shall be construed as providing consult or advice.  Without limiting the foregoing, Event content, activities, and facilitators are provided “as is,” and we make no warranties regarding accuracy, suitability, fitness, or expected outcomes of any Event content or activities.

Some parts of the Services generate automated outputs (for example, summaries, compilations, or lists produced by artificial intelligence from member posts). These outputs may be incomplete, inaccurate, or outdated. They are provided for informational purposes only, are not endorsements, recommendations, or professional advice, and should be independently verified.

Please use our content thoughtfully and responsibly.

Event Participation; Health and Safety; Assumption of Risk; Medical Authorization

Fitness and Voluntary Participation. You understand that Events may involve physical, emotional, and psychological activities and risks (including, for example, yoga, dance, fitness, outdoor activities, travel, use of facilities and equipment, and exposure to other Attendees). You represent that you are in good health and have no medical condition that would make participation unsafe. You will follow all instructions, rules, and safety protocols, and you may opt out of any activity at any time.

Assumption of Risk. To the fullest extent permitted by law, you knowingly and voluntarily assume all risks of participation in Events, including risks of illness (including communicable diseases), injury, disability, death, and loss or damage to property arising from any cause, including the ordinary negligence of TheLi.st, its parents, subsidiaries, affiliates, officers, directors, employees, volunteers, contractors, event partners, and other Attendees. This assumption does not waive claims that cannot be waived as a matter of law (e.g., for gross negligence or willful misconduct).

Communicable Disease Protocols. You agree to comply with all health and safety measures we or a Third-Party Venue may implement (e.g., vaccination or testing requirements, mask policies, symptom screening). You agree not to attend if you are ill or required to isolate under applicable guidance.

Medical Authorization. You authorize TheLi.st and its representatives to obtain or provide emergency medical care for you if, in their judgment, it is necessary, and you agree to be responsible for all resulting costs and expenses.

Personal Property and Valuables

You are solely responsible for your personal property at all times. TheLi.st is not responsible for loss, theft, or damage to your belongings before, during, or after any Event.

Release and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH YOUR MEMBERSHIP AND USE OF THE SERVICES. IN ADDITION TO THE ASSUMPTIONS OF RISK STATED ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST THELI.ST AND ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, VOLUNTEERS, CONTRACTORS, EVENT PARTNERS, AND LICENSORS ARISING FROM OR IN CONNECTION WITH YOUR MEMBERSHIP, YOUR USE OF THE SERVICES, AND YOUR REGISTRATION FOR OR PARTICIPATION IN ANY EVENT (MEANING ANY IN-PERSON OR VIRTUAL EVENT, MEETUP, GATHERING, OR PROGRAM HOSTED, SPONSORED, OR FACILITATED BY THELI.ST), INCLUDING CLAIMS RELATED TO ILLNESS (INCLUDING COMMUNICABLE DISEASES), PERSONAL INJURY, DEATH, PROPERTY LOSS OR DAMAGE, SCHEDULE OR VENUE CHANGES, OR CANCELLATION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), OR OTHERWISE. THIS RELEASE DOES NOT APPLY TO CLAIMS THAT CANNOT BE WAIVED AS A MATTER OF LAW (E.G., FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT).

UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SHALL THE COMPANY OR ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, VOLUNTEERS, CONTRACTORS, EVENT PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OF, OR INABILITY TO USE THE SERVICES OR ANY EVENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, ILLNESS (INCLUDING COMMUNICABLE DISEASES), PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, PROPERTY LOSS OR DAMAGE, SCHEDULE OR VENUE CHANGES, CANCELLATION, LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL OR DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR ANY THIRD PARTY IN CONNECTION WITH THE SERVICES OR ANY EVENT. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OF THEIR CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND NOT REGISTER FOR OR PARTICIPATE IN EVENTS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW, PROVIDED THAT IN NO EVENT SHALL DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED EXCEED ONE YEAR’S MEMBERSHIP FEE.

Indemnification

You agree to defend, indemnify, and hold harmless TheLi.st, its parent organization, affiliates, officers, directors, employees, volunteers, contractors, event partners, and third-party licensors from and against any and all claims, demands, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services or participation in any Event; (ii) your breach of these Terms, any Event Terms, or any applicable Third-Party Venue rules or policies; (iii) your violation of any law or the rights of any third party; or (iv) any injury to persons or damage to property caused by your acts or omissions.

Assignment

These Terms shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without our prior written consent. Notwithstanding the foregoing, we may assign all rights and obligations under these Terms to any affiliated entity or any of its wholly-owned subsidiaries.

Governing Law, Dispute Resolution and Arbitration

These Terms are governed by the laws of the State of New York without regard to conflict of laws principles. If there is a dispute arising from or relating to these Terms, your use of the Services or any content, you agree to contact us at membership@theli.st and attempt to amicably resolve the dispute prior to taking more formal action.

If the dispute is not resolved in a reasonable amount of time, you agree to submit to the personal jurisdiction of the federal and state courts located within the County of New York, New York City.  You waive any and all objections to the exercise of jurisdiction and venue by such court. 

At the Company’s sole discretion, we may require you to submit any disputes arising from the use of these Terms and the Services, including but not limited to disputes arising from their interpretation, invalidity, violation, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

If we provide Event-specific terms, those apply in addition to these Terms. In the event of a conflict between Event-specific terms and these Terms, the Event-specific terms will control for that Event only. Any Third-Party Venue or provider terms are between you and the applicable third party and apply in addition to these Terms. As between you and TheLi.st, these Terms (and the New York governing law and venue provisions stated herein) apply to all Services and Events, regardless of where an Event occurs.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the use of the Services must be commenced within one (1) year after the cause of action occurs, otherwise such cause of action or claim is permanently barred.

Class Action Waiver

You agree that any dispute resolution proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be litigated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Contacting Us

If there are any questions regarding these Terms, you may contact us at:  membership@theli.st