General Terms and Conditions of Business

The General Terms and Conditions of Business consist of two (2) parts: (1) the Terms of Use; and (2) the E-Commerce Terms of Service.

These terms and conditions ("Terms of Use") constitute a declaration of the terms of use under which you may make use of websites, mobile applications and any other digital portal operated and provided by List + Beisler Corp., (collectively, the "Site"), whether in your capacity as a visitor, registered user, customer, business partner, employee, or otherwise.

All of the services available on or through the Site or otherwise offered, maintained and/or provided by us are referred to in this document as our "Services".

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Site or using our Services, you accept, without limitation or qualification, the present Terms of Use and you agree to abide by them. If you do not accept these Terms of Use, do not access and use the Site.

YOUR USE OF THE SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

The Services and the Site are operated and provided by List + Beisler Corp. (“List + Beisler”, "We" or “Us”). We have our office at 200 South Biscayne Boulevard, Level 20, Miami, FL 33131.

3.1 We reserve the right to withdraw access to or amend any Services that we may provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may limit or restrict access to some parts of our Services, or our entire Services, to users who have registered with us.

3.2 You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you live or reside to use the Services or the Site. If you are under 18 years old or have not reached the age of majority, you must stop using/accessing this Site and using the Services immediately.

3.3 All material, data, information, text, content, graphics, images (still and moving), videos, sounds and other content ("Content") contained on the Site or delivered through the Services are protected by intellectual property rights, including trademarks, copyright and database rights, which is owned by or has been licensed to us. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose, save as permitted under these Terms of Use.

In using the Site and/or Services or any Content, you shall not, and you shall not permit anyone else to, directly or indirectly:

• Except as expressly permitted by law, or as authorized under these Terms of Use, rent, lease, sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Site or Services;
• Remove List + Beisler’s or any other user's trademark, copyright notice or any other proprietary notice;
• Except as authorized in the proper performance of your duties (if you are a List + Beisler employee), rent, lease, distribute, resell or use the Services for other commercial purposes.

5.1 Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. You are solely responsible for any activity on your account and we are not liable for any acts or omissions by you in connection with your account. You agree to accept responsibility for all activities that occur under your account or password.

5.2 We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.

5.3 You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You hereby agree to change your password from time to time and to keep the username and password confidential and shall be solely responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if your personal data requires updating.

5.4 You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account.

6.1 All intellectual property rights in our Site and Services, and in the Content, are owned, licensed to or controlled by us, our licensors or our service providers. Those works are protected by copyright laws and treaties around the world and we reserve the right to enforce its intellectual property to the fullest extent of the law. All such rights are reserved.

6.2 The trademarks, trade dress, and copyright-protected material may not be used without written permission from List + Beisler. Trademarks or trade dress include but is not limited to the List + Beisler name and logo, and other graphics, logos, page headers, button icons, scripts and service names of List + Beisler products, Services, and programs, and those of our affiliates. All other trademarks not owned by List + Beisler that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by List + Beisler.

7.1 Some of the Content on our Site is licensed to you directly from the owner or licensor of that material and/or content (third party data). The use of this third-party data is subject to other terms and conditions that are prescribed by the relevant owner or licensor of that third-party data. Where applicable, the additional terms set out the various third-party data and applicable terms and conditions that are available on the relevant Site. The use of any such third-party data is subject to you accepting those terms of use, and you agree to abide by them.

7.2 Any references in our Site to third-party data are provided for your information only. We have no control over third-party data, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over the third-party data and have not independently verified the accuracy of the third-party data, you acknowledge and agree that we are not responsible for the availability or accuracy of the third-party data.

When you access our Site and/or use our Services, you hereby represent and warrant that:

If you are an individual:

• You are at least 18 years of age or have reached the age of majority in the jurisdiction in which you live or reside; and
• You are capable of entering into and performing legally binding contracts under applicable laws and regulations; and all information which you provide is accurate, up to date, truthful and complete.

If you represent a corporate entity:

• You have the full right, legal power and actual authority to bind such entity to this Terms of Use; that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its incorporation, and such state, province or country is not sanctioned by the United States Office of Foreign Assets Control (OFAC); and
• All information which you provide is accurate, up to date, truthful and complete.

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed upon such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

10.1 List + Beisler Corporation reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site or Services. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

10.2 We reserve the right to revise these Terms of Use and guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.

We do not warrant or represent that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that List + Beisler and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

12.1 To the extent permitted by applicable law, we shall not give any guarantees, conditions or warranties:

• as to the accuracy, reliability or correctness of any data provided through the Services or Site;
• that the Services or Site will function in an uninterrupted manner or be secure or free from errors; and
• that the Services or Site will be free of viruses or other harmful code.

12.2 We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials, from this Site.

12.3 IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST INCOME OR REVENUE, LOST BUSINESS, LOST PROFITS OR CONTRACTS, LOST ANTICIPATED SAVINGS, LOST DATA, LOST GOODWILL, WASTE OF MANAGEMENT OR OFFICE TIME, BUSINESS INTERRUPTION, OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

12.4 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12.5 To the extent that our liability may not be excluded under these Terms of Use, our liability shall be limited to your direct and documented damages and, you agree, that in no event will such liability exceed the amount of $100.00 USD or the amount paid by you in the last six (6) months for access to the Site or related Services, whichever is the lower.

12.6 You shall defend and indemnify us against any claims, actions, proceedings, losses, damages, expenses and costs (including without limitation, court costs and reasonable legal fees) arising out of or in connection with: (a) your use of the Site or Services (except where such use has been authorized in the proper performance of your duties as a List + Beisler employee); (b) your breach of any provision of the Terms of Use and where applicable, the additional terms; (c) any commentary that you have posted on the Site; or (d) your violation of any rights of another person or entity. This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of these Terms of Use.

13.1 These Terms of Use are effective upon the date you first access or use the Services and shall continue until terminated by you or List + Beisler. You may terminate these Terms of Use by closing your account with us (where applicable), by sending a written request to close the account via email to coffee(at)list-beisler.us and ceasing to use the Service or Site. If you create another account with us, or use our Services again, you are consenting to these Terms of Use.

13.2 We may terminate these Terms of Use at any time for any reason by providing you with notice. We may suspend your account with us (where applicable) and your ability to use the Services or terminate these Terms of Use if:

• We determine in our sole discretion that you pose a risk of fraud or credit risk;
• We determine in our sole discretion that you have used the Services in a prohibited manner or otherwise do not comply with any of the provisions of these Terms of Use; or
• Any applicable law or governmental or regulatory authority requires us to do so.

13.3 Without prejudice to section 2 of the Terms of Use, and without limiting any other rights or remedies, upon the expiry or termination of these Terms of Use including the additional terms:

• All licenses and permissions granted by us under these Terms of Use and any additional terms shall immediately terminate;

• List + Beisler may suspend and/or withdraw any passwords and access to the Site, including access to the applicable levels of access previously granted;
• We will not be liable to you for any compensation, reimbursement or damages related to your use of the Services or any termination or suspension of the Services or the deletion of your information or account data; and
• Sections 9, 11, 12, 13, 25, of the General Terms and Conditions of Business and any other terms of these General Terms and Conditions of Business which expressly or by implication have effect after expiry or termination shall continue in full force and effect.

These E-commerce Terms of Service (“Terms of Service”) govern your access and use of the Site and Services in respect of your purchase of any goods or services offered via the Site. Please read these Terms of Service carefully in conjunction with the Terms of Use, as they include important information about your legal rights. These Terms of Service are deemed incorporated into the Terms of Use. Capitalized terms used but not defined herein shall have the meanings given to them in the Terms of Use.

By accessing the Site and/or using the Services, you agree to these Terms of Service. If you do not understand or agree to these Terms of Service, please do not use the Services. If you use the Services on behalf of a company or other entity, then any reference to you includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and (b) you agree to these Terms of Service on the entity’s behalf.

14.1 You may purchase products or services through the Site (“Offerings”), which includes, without limitation, products or services of third parties that are offered through the Site. Payment may be made by credit card, debit card, PayPal, wire transfer or other means that we may make available.

14.2 Orders will not be processed until payment has been received in full and any holds on your account by PayPal or any other payment processor are solely your responsibility as List + Beisler is not a party to any agreement between you and the payment processor. List + Beisler reserves the right to charge you an interest rate of up to fifteen percent (15%) for any unpaid invoices.

14.3 You acknowledge and agree that all information you provide with regard to a purchase of Offerings, including but not limited to credit card, PayPal or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including but not limited to any credit card you provide when completing a transaction. By providing any such information to List + Beisler, you authorize List + Beisler to store and use such information and payment methods for purchases made through the Site.

14.4 When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth on the Site, including all shipping charges, handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

14.5 The Services may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the date of delivery or provision of the applicable Offering.

14.6 We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings and (b) refuse to allow you to purchase any Offering or delivery such Offering to you or your designated address.

15.1 List + Beisler may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings.

15.2 List + Beisler reserves the right to change prices for Offerings at any time and to correct pricing errors that may inadvertently occur and to cancel any orders in our sole discretion that were purchased with pricing errors. All such changes shall be effective immediately upon posting of such new Offering prices and/or upon making you aware of the pricing error. 

15.3 List + Beisler does not warrant that Offering descriptions are accurate, complete, reliable, current or error-free. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only.

15.4 The inclusion of any Offerings for purchase through the Site and Services at a particular time does not imply or warrant that the Offerings will be available at any other time.

15.5 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

16.1 The Site may operate as a third-party marketplace where some of the Offerings available on the Site are offered directly by third-party suppliers. By purchasing an Offering from such a third-party supplier, you acknowledge that all such orders will be fulfilled by the third-party supplier and not by List + Beisler, including without limitation, all processing, shipping, returns, warranties, recalls and customer services.

16.2 List + Beisler makes no representations or warranties with respect to such Offerings. Rejected Offerings from third-party suppliers must be returned directly to the third party and cannot be returned to List + Beisler.

17.1 List + Beisler may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the List + Beisler establishes.

17.2 You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by List + Beisler; (d) may be disabled or have additional conditions applied to them by List + Beisler at any time for any reason without liability to List + Beisler; (e) may only be used pursuant to the specific terms that List + Beisler establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

18.1 Following receipt of your order for an Offering, List + Beisler will provide you with an order confirmation. An order confirmation is an acknowledgment of our receipt of your order and neither signifies our acceptance of your order and nor constitutes confirmation of our offer to sell.

18.2 List + Beisler reserves the right at any time after receiving your order to accept or decline it at our sole discretion.  If we cancel an order after you have been billed, we will refund the billed amount.

19.1 This section does not apply to orders of Offerings offered by third-party suppliers, which shall be shipped, delivered, and otherwise fulfilled in accordance with the policies of such third-party suppliers unless otherwise agreed by us.

19.2 Offerings may be picked up by you at one of List + Beisler’s facilities or may be shipped to an address designated by you, so long as such address is accurate and complete. If List + Beisler is expected to deliver the Offerings, List + Beisler will use commercially reasonable efforts to deliver you the Products on a timely basis, but you agree that time is not of the essence. You will be responsible for any shipment or delivery fees.

19.3 All deliveries made by List + Beisler shall be made pursuant to a shipment contract with a carrier. This means that title and risk of loss for any purchase of physical product Offerings pass to you upon delivery to our carrier. It is your responsibility to seek compensation from the carrier for damaged or missing Offerings. We shall not be responsible for any refunds, claims or damages resulting from a delay in delivery. Tracking may be available at our carrier’s website, though we make no warranties regarding its availability. List + Beisler reserves the right to ship partial orders at no additional cost to you.

19.4 You are not allowed to give List + Beisler the personal information of any persons under the age of majority for delivery or shipping purposes or any other reason.

19.5 You have fifteen (15) days from the date of delivery to inspect and reasonably reject the Offerings, if the Offerings materially differ from the description on the Site or are otherwise materially defective. After the expiry fifteen (15) days from the date of delivery, all sales will be deemed accepted and final. If you reject the Products in accordance with the foregoing, you will give List + Beisler a reasonable opportunity to replace the rejected Offerings prior to requesting a refund. Rejected Offerings will be disposed of or returned at List + Beisler’s sole discretion.

20.1 Where you (or the entity you are representing) enter into a separate contract with List + Beisler for the purchase and sale of Offerings via the Site, any conflict between these Terms of Service and the said contract for purchase and sale shall be resolved in favour of the contract for purchase and sale.

20.2 Notwithstanding the above, your use of the Site and the Services shall continue to be governed by the Terms of Use and these Terms of Service.

21.1 By using the Site, you agree, represent and warrant that you are familiar with the applicable anti-bribery and corruption and anti-money laundering legislation (“Anti-Bribery Laws”) and that you are aware that Anti-Bribery Laws prohibit, under the threat of severe penalty, the payment or giving of anything of value, either directly or indirectly through other parties, to an official of a foreign government (including officers and managers of government-owned or controlled companies) for the purpose of influencing them in their official capacity. You agree not to use any funds received in violation of Anti-Bribery Laws to purchase Offerings and further agree not to use any Offerings that you receive from the Site for any purpose that violates the Anti-Bribery Laws.

21.2 By using the Site, you agree, represent and warrant that you will not use any Offerings received through the Site if you are the subject of any export or re-export control or trade sanctions laws, regulations, rules, licenses, boycotts and embargoes, including without limitation those of the European Union, United Kingdom, United States, Switzerland or the country where you are using the Site (“Sanctions”). You must comply with all applicable Sanctions.

21.3 You acknowledge that Offerings sold on the Site are subject to customs and export control laws and regulations of the country in which the Offerings are purchased and may also be subject to customs and export laws and other regulations of the country in which the Offerings are manufactured and/or received and you agree to comply with all such applicable laws.

22.1 THE OFFERINGS PROVIDED IN CONNECTION WITH THESE TERMS OF SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITE. TO THE EXTENT THAT ANY APPLICABLE WARRANTIES EXIST, THEY ARE CONTINGENT UPON YOU FULFILLING YOUR RESPONSIBILITY TO MAKE YOUR OWN EXAMINATIONS AND CONDUCT YOUR OWN TESTS. YOU WARRANT THAT YOU WILL MITIGATE ANY LOSS OR DAMAGE THAT YOU MAY SUFFER UNDER THESE TERMS OF SERVICE OR OTHERWISE RELATED TO THE OFFERINGS AND THAT, TO THE EXTENT APPLICABLE, YOU WILL FOLLOW ANY OF LIST + BEISLER’S INSTRUCTIONS REGARDING THE HANDLING, STORAGE, COOKING AND SERVICING OF THE OFFERINGS AND COMPLYING WITH ALL REGULATORY AND STATUTORY LAWS AND INDUSTRY PRACTICES FOR FOOD HANDLERS. The foregoing waivers do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

22.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, LIST + BEISLER’S TOTAL LIABILITY FOR ANY LOSSES OR BREACH OF WARRANTIES HEREIN, OR FOR ANY CLAIM RELATED TO THE OFFERINGS, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, INDEMNIFICATION OBLIGATIONS HEREIN, SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE PRODUCTS FOR THE ORDER RELATED TO THE CLAIM (THE “CAP”). THE FOLLOWING CLAIMS HOWEVER SHALL NOT BE SUBJECT TO THE CAP: (I) DEATH OR INJURY FROM A PARTY’S NEGLIGENCE, (II) FRAUD OR FRADULENT MISREPRESENTATIONS, AND (III) ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT, OR ATTEMPT TO EXCLUDE OR LIMIT, LIABILITY.

23.1 You agree to defend, indemnify, and hold List + Beisler harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to: (i) your misuse of the Site; (ii) your negligence or wilful misconduct; or (iii) your violation of any applicable laws or regulations or any breach by you of these Terms of Service or the General Terms of Use.  List + Beisler reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with List + Beisler if and as requested by List + Beisler in the defense and settlement of such matter.

24.1 This section does not apply to orders of Offerings offered by third-party suppliers which shall be subject to the recall policies of such third-party suppliers. You acknowledge and agree that List + Beisler has no obligation or responsibility for recalls of Offerings supplied by third-party Suppliers.

24.2 With respect to Offerings supplied by List + Beisler, you have the right to initiate and direct any recall, market withdrawal, stock recovery, product correction, or advisory safety communication (a “Recall Action”) regarding the Offerings or any product incorporating the Offerings.  In the event of a Recall Action of for defective Offerings, you and List + Beisler will diligently and in good faith work together to determine the cause of the defect, and the manner, text, and timing of any publicity to be given such matters. 

24.3 In case a Recall Action is caused solely by Offerings that were defective as supplied by List + Beisler under these Terms of Service, your exclusive remedy shall be, at List + Beisler’s option, to either replace the defective Offerings or refund the purchase price for the defective Offerings and pay the reasonable cost of: (i) preparing, printing and mailing a recall notice to inform distributors and customers of the nature of the Recall Action, (ii) freight to replace the defective Offerings, and (iii) reasonable labor costs and expenses to perform in-field replacement activities, if any, for defective Offerings. All press or other inquiries relating to a Recall Action shall be dealt with by you and List + Beisler together in good faith and no public statement shall be made absent mutual written agreement.

25.1 These General Terms and Conditions of Business shall be governed by the laws of the State of North Carolina. Subject to section 25.2, the courts of the State of North Carolina will have non-exclusive jurisdiction over any claim arising from, or related to, these General Terms and Conditions of Business although we retain the right to bring proceedings against you for breach of these General Terms and Conditions of Business in your country of residence or any other relevant country.

25.2 If any dispute arises with List + Beisler under or in relation to these General Terms and Conditions of Business, it shall first be referred to List + Beisler. If the we are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in North Carolina in accordance with the JAMS Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one (1) arbitrator to be jointly appointed by the parties. The language of the arbitration shall be English. Nothing in this clause prevents either you or List + Beisler from seeking urgent or similar interim relief from a court of competent jurisdiction.