Gatsby’s List Terms of Service

1. ACCEPTANCE OF TERMS

Gatsby’s List, Inc. and Caviar Tastes, LLC (hereinafter referred to collectively as “Gatsby’s List”) welcome you. Gatsby’s List provides its service to you subject to the following Terms of Service (”TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time here: http://gatsbyslist.com/about/terms_of_use.

2. DESCRIPTION OF SERVICE

Gatsby’s List provides users with access to a rich collection of resources, including various communications tools, forums and search services through its network of related or affiliated properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Gatsby’s List to provide the Service. You also understand and agree that the Service may include certain communications from Gatsby’s List, such as service announcements, administrative messages and the Gatsby’s List Newsletter, and that these communications are considered part of Gatsby’s List Service and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Gatsby’s List properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Gatsby’s List assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR OBLIGATIONS

In consideration of your use of the Service, including without limitation the submission by you of photographs (in digital format or otherwise), personal information, news stories, press releases or other announcements, or paid advertisements, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself in all communications with Gatsby’s List. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gatsby’s List has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gatsby’s List has the right to suspend or terminate your access to the Service and refuse any and all current or future use of the Service (or any portion thereof).

You understand that Gatsby’s List utilizes the services of third-parties to deliver its Content to you. Gatsby’s List does not control the operation of such third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gatsby’s List be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Gatsby’s List official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
k. ”stalk” or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.

You acknowledge that Gatsby’s List may or may not pre-screen Content, but that Gatsby’s List and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Gatsby’s List and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gatsby’s List or submitted to Gatsby’s List, including without limitation information in Gatsby’s List Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that Gatsby’s List may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Gatsby’s List, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gatsby’s List and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

4. ADVERTISING

Gatsby’s List accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. Certain content found on Gatsby’s List’s web site, including without limitation blog entries and photographs, may contain content submitted to Gatsby’s List for publication by third-parties from whom Gatsby’s List has received payment or other compensation or consideration. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post may not always be identified as paid or sponsored content. While Gatsby’s List will endeavor to identify paid or compensated advertising as such, it shall have no obligation to do so. Gatsby’s List reserves the right, at its sole and absolute discretion, to refuse to accept any advertisement or advertiser.

Even though the Gatsby’s List may receive compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences with respect to those topics. Any claim, statistic, quote or other representation about a person, property, product or service should be verified with the owner, provider or party in question.

5. GATSBY’S LIST PRIVACY POLICY

Certain information about you is subject to our Privacy Policy, if and as adopted and modified from time to time. For more information, see our full privacy policy at www.gatsbyslist.com. You understand that through your use of the Service you consent to the collection and use of this information (as set forth in the Privacy Policy, if any), including the transfer of this information to the United States and/or other countries for storage, processing and use by Gatsby’s List and its affiliates.

6. INTERSTATE NATURE OF COMMUNICATIONS ON GATSBY’S LIST NETWORK

When you communicate with Gatsby’s List, you acknowledge that in using Gatsby’s List services to send electronic communications (including but not limited to email, search queries, sending messages to Gatsby’s List personnel, uploading photos and files to Gatsby’s List, and other Internet activities), you will be causing communications to be sent through Gatsby’s List’s computer networks and the networks of third-parties, portions of which are located in Georgia and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Gatsby’s List’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Except as otherwise provided herein, Gatsby’s List does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, whether by e-mail, through the Service, or otherwise, including without limitation photos, graphics, audio or video and the contents of any paid advertisement(s), you grant Gatsby’s List the following worldwide, perpetual, irrevocable and fully sublicensable, royalty-free and non-exclusive license(s): the license to use, distribute, reproduce, modify, adapt, publicly display such Content on the Service, or elsewhere, for the purposes of providing and promoting the Gatsby’s List Service, related services or affiliated services. This license specifically authorizes (but shall not require) Gatsby’s List to apply a “watermark” or other identifying symbol such as “www.gatsbyslist.com” upon any and all content submitted by you. Gatsby’s List reserves the right, at its sole and absolute discretion, to utilize the services of third-parties to deliver its Services and the Content contained thereupon, and to authorize those third-parties and the users of such third-parties’ services to access and utilize such Content according to such terms as conditions as Gatsby’s List deems acceptable.

Comments policy: We permit comments and trackbacks on the majority of our articles. Anyone may comment. Comments are subject to moderation, filtering, spell checking, editing, and removal without cause or justification. All comments are reviewed by comment spamming software and by the site administrators and may be removed without cause at any time. All information provided is volunteered by you. Any website address provided in the URL will be linked to from your name, if you wish to include such information. We do not collect and save information provided when commenting such as email address and will not use this information except where indicated. This site and its representatives will not be held responsible for errors in any comment submissions. By submitting a comment on our website, you are agreeing to hold Gatsby’s List and its subsidiaries, affiliates, officers, agents, employees, owners, shareholders, partners and licensors harmless from any and all repercussions, damages, or liability.

8. CONTRIBUTIONS TO GATSBY’S LIST

By submitting ideas, suggestions, documents, photographs, videos and/or proposals (”Contributions”) to Gatsby’s List, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Gatsby’s List is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Gatsby’s List shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Gatsby’s List may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Gatsby’s List without any obligation of Gatsby’s List to you, or subject to the terms of the license(s) granted herein, as applicable; and (f) you are not entitled to any compensation or reimbursement of any kind from Gatsby’s List under any circumstances.

9. INDEMNITY

You agree to indemnify and hold Gatsby’s List and its subsidiaries, affiliates, officers, agents, employees, owners, shareholders, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Gatsby’s List ID, if any), use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Gatsby’s List may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded or published Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Gatsby’s List has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Gatsby’s List reserves the right to modify these general practices and limits from time to time.

12. MODIFICATIONS TO SERVICE

Gatsby’s List reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gatsby’s List shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that Gatsby’s List may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the Services. Termination of your access to Gatsby’s List may include (a) removal of access to all offerings within the Service, including but not limited to Gatsby’s List newsletters or other “feeds” and/or Message Boards, (b) deletion of paid advertisements, Content submitted by or related to you, and all related information, files and Content associated with you (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Gatsby’s List’s sole discretion, that Gatsby’s List shall not be liable to you or any third party for any termination of your access to the Service, that such termination shall not affect in any manner whatsoever the license(s) you granted herein, and shall not obligate Gatsby’s List to refund any fees paid by you to Gatsby’s List.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Gatsby’s List shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. Gatsby’s List does not endorse, approve, warrant or guaranty any product or service offered by any advertiser found by you on or through the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gatsby’s List has no control over such sites and resources, you acknowledge and agree that Gatsby’s List is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gatsby’s List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. GATSBY’S LIST’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Gatsby’s List or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Gatsby’s List grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Gatsby’s List for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GATSBY’S LIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SHAREHOLDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
b. GATSBY’S LIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SHAREHOLDERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GATSBY’S LIST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GATSBY’S LIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OWNERS, SHAREHOLDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GATSBY’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to receive or request any news, messages, alerts or other information from the Service concerning companies, properties, individuals, investments or securities, or if you intend to purchase real estate, or utilize the services of a builder, architect, designer, real estate agent or other professional, please read the above Sections 17 and 18 again. They go doubly for you. The phrase “Let the investor beware” or “Let the buyer beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing purposes. Gatsby’s List and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment decisions based on such information.

21. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. NOTICE

Gatsby’s List may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

23. TRADEMARK INFORMATION

The Gatsby’s List logo and the name “Gatsby’s List” are trademarks of Gatsby’s List Inc. (the “Gatsby’s List Marks”). Without Gatsby’s List’s prior permission, you agree not to display or use in any manner the Gatsby’s List Marks.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Gatsby’s List respects the intellectual property of others, and we ask our users to do the same. Gatsby’s List may, in appropriate circumstances and at its sole and absolute discretion, bar access to users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Gatsby’s List’s Copyright Agent the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Gatsby’s List’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Gatsby’s List Inc.
9165 Martin Road
Roswell, GA 30076

By phone: (678) 559-6796

By email: You may use our Contact page to contact us by e-mail. Please enter “Copyright Violation” in the subject line of your message.

Because of the ongoing challenge of screening out “spam” e-mails, and the potential for unintentional deletion of “non-spam” communications, Gatsby’s List strongly recommends that a copy of all e-mail correspondence regarding alleged copyright violations be submitted to Gatsby’s List’s Copyright Agent by postal mail.

25. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Gatsby’s List and governs your use of the Service, superseding any prior agreements between you and Gatsby’s List with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Gatsby’s List services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Gatsby’s List shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Gatsby’s List agree to submit to the personal and exclusive jurisdiction of the courts located within Fulton County, Georgia.

Waiver and Severability of Terms. The failure of Gatsby’s List to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

26. VIOLATIONS

Please report any violations of the TOS to

Gatsby’s List Inc.
9165 Martin Road
Roswell, GA 30076

By phone: (678) 559-6796

By email: You may use our Contact page to contact us by e-mail. Please enter “TOS Violation” in the subject line of your message.

Because of the ongoing challenge of screening out “spam” e-mails, and the potential for unintentional deletion of “non-spam” communications, Gatsby’s List strongly recommends that a copy of all e-mail correspondence regarding alleged TOS violations be submitted to Gatsby’s List by postal mail.

27. Effective date

These Terms of Use last updated June 19, 2007.