Peanut Butter List TOS and Membership Agreement

Peanut Butter List, LLC Terms of Service and Conditions Welcome to the Peanut Butter List, LLC (Pages 1 of 6 for TOS) Last updated: 11/13/14 Agreement between user/Member and http://www.peanutbutterlist.com/   Welcome to peanutbutterlist.com. The peanutbutterlist.com website (the "Site") is composed of various web pages operated by Peanut Butter List, LLC ("PBL").   Peanutbutterlist.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of peanutbutterlist.com constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.   Peanutbutterlist.com is an E-commerce Site.  Our primary mission is to save you money at the grocery store every time you go shopping. Everyone eats and everyone needs groceries. So no matter what your budget is, the less you can spend on groceries the more money you’ll have in your pockets.   By using the website www.peanutbutterlist.com (also referred to as “site”) and/or any other websites owned by Peanut Butter List, LLC, including all product(s) and/or service(s) of Peanut Butter List, LLC (referred to as “we”, “us” and “our”) you agree and are subject to the following terms and conditions, including any policies, guidelines or amendments that may be presented to you from time to time (collectively, the “Terms of Service”).  

Privacy/Consent: YOUR USE OF peanutbutterlist.com IS SUBJECT TO PBL’S PRIVACY POLICY, WHICH ALSO GOVERNS THE SITE AND INFORMS USERS OF OUR DATA COLLECTION PRACTICES.  PLEASE ALSO READ THESE TERMS OF SERVICE AND CONDITIONS AND THE MEMBERSHIP AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE AND MEMBERSHIP AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE OR THE MEMBERSHIP AGREEMENT, DO NOT USE THIS SITE. Electronic Communications: Visiting peanutbutterlist.com or sending emails to PBL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.    

Your account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PBL is not responsible for third-party access to your account that results from theft or misappropriation of your account. PBL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.   PBL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use peanutbutterlist.com only with permission of a parent or guardian.  

Cancellation/Refund Policy: Termination and cancellation: Either you or Peanut Butter List may terminate or cancel your Membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Peanut Butter List. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Peanut Butter List’s enforcement or application of this Terms of Service and/or Membership Agreement; (2) any policy or practice of Peanut Butter List (3) the content available through Peanut Butter List (4) your ability to access and/or use Peanut Butter List; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. To CANCEL, you will need to log in with your username and password and follow the instruction within your Member Profile to cancel your membership. In the event that your account is terminated or canceled, no refund, including any Membership fees, will be granted. Active Peanut Butter List Members may not allow former Members or other agents who’s Memberships have been terminated to use their accounts. You agree that you will bear the risk, without any liability whatsoever to Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) if the grocery store(s) on our Site changes its marketing policy as to make the list ineffective; or the store closes or moves its’ operations. In either of these events, you are not to be entitled to any credit or refund, even pro rata. In these events you may cancel your Membership BEFORE your ‘next billing’ date (end date or renewal date) to avoid any further charges. Upon cancellation of your membership, you will be granted access to use Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) as an Active Member for the time remaining under the Membership Option previously selected and billed. Once the ‘end date’ has been reached, your access to Peanut Butter List, LLC, and www.peanutbutterlist.com will be revoked and access on any level will no longer granted until you decide to renew your account.  

Links to third-party sites/Third party services: Peanutbutterlist.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PBL and PBL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PBL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PBL of the site or any association with its operators.   Certain services made available via peanutbutterlist.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the peanutbutterlist.com domain, you hereby acknowledge and consent that PBL may share such information and data with any third-party with whom PBL has a contractual relationship to provide the requested product, service or functionality on behalf of peanutbutterlist.com users and customers.  

No unlawful or prohibited use/Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use peanutbutterlist.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PBL that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  

Proprietary Rights: You acknowledge and agree that PBL services and any necessary software used in connection with the delivery of PBL service(s) ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties and is for your PERSONAL USE ONLY. You further acknowledge and agree that content presented to you through PBL service(s) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PBL or other appropriate third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on PBL service(s), content or software, in whole or in part. Subject to the Terms of Service and Membership Agreement, PBL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not, nor allow any third-party to copy, modify, create a derivative work of, 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, unless such activity is expressly permitted or required by law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to PBL service(s) or content. You agree not to access PBL service(s) by any means other than through the interface that is provided by PBL for use in accessing PBL service(s).   REITERATED - All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PBL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.   REITERATED - You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PBL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PBL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PBL or our licensor except as expressly authorized by these Terms.  

Copyright and Trademarks:   All content provided on this Site, such as text, graphics, images, etc., is our property or the property of its respective owners and is protected by copyrights, trademarks, and other intellectual property rights.  As such, it is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site are our exclusive property. As such, it is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited. Unless otherwise noted, the trademarks, service marks and logos (“Trademarks”) used and displayed on this site are our registered and unregistered trademarks and the trademarks of their respective owners. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the site. Our trademarks and the trademarks of their respective owners may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.  

Use of communication services: The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.   By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.   PBL has no obligation to monitor the Communication Services. However, PBL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PBL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.   PBL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PBL's sole discretion.   Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PBL does not control or endorse the content, messages or information found in any Communication Service and, therefore, PBL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PBL spokespersons, and their views do not necessarily reflect those of PBL.   Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.  

Materials provided to peanutbutterlist.com or posted on any PBL web page: PBL does not claim ownership of the materials you provide to peanutbutterlist.com (including feedback and suggestions) or post, upload, input or submit to any PBL Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PBL, our affiliated companies and necessary sub-license permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.   No compensation will be paid with respect to the use of your Submission, as provided herein. PBL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PBL's sole discretion.   By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  

Intellectual Property Policy: We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us immediately to discuss resolution, removal or amendment of the aforementioned intellectual property. Please provide the following information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the Site(s); • Your address, telephone number and email address; • 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 by the law; • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  Third Party Accounts: You will be able to connect your PBL account to third-party accounts. By connecting your PBL account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.   Linking: Links to third-party web sites may be provided on this site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this site. We have not reviewed all such third-party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party web sites linked from this site, you do so at your own risk. No hyperlinks to this site are permitted without our prior written or email consent. If you would like to link to this site(s) from your website, please submit your ‘request to link to this site’ via email contact located within www.peanutbutterlist.com located on the ‘contact us’ page. Unless you receive our express written consent, your request to link to this site shall be deemed denied. A web site that links to this site(s): • Shall not imply, either directly or indirectly, that Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) are endorsing its products or services; • Shall not use any of our trademarks or the trademarks of our licensor and their respective owners; • Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups; • Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill and that of any of our affiliates; • Shall not present false or misleading information about Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s); • Shall not misrepresent any relationship with us; • Shall not replicate in any manner any content in the Site(s); and • Shall not create a browser or border environment around Site(s) material.  

Submissions: Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) are always pleased to receive your comments and suggestions regarding this site and our products and services. Our goal is to build our site(s) for and around our members input, thoughts and ideas making our product(s) and service(s) the very best user experience possible. If you transmit to us or post comments, suggestions, ideas, information, materials or other communications (collectively “submissions”) in response to any content on this site or our products or opportunity, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such submissions and the names identified on the submissions throughout the world in any media for any and all commercial and non-commercial purposes. You agree that you shall not post or transmit to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.  

International Users: The Service is controlled, operated and administered by PBL from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PBL Content accessed through peanutbutterlist.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  We currently do not intend to provide our products or services outside of the United States. In the future, we may provide our products and services outside of the United States. Indemnification: You agree to indemnify, defend and hold harmless PBL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. PBL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PBL in asserting any available defenses.  

Disclaimer of Warranties: ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SERVICES FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PBLand /or www.peanutbutterlist.com and affiliated site(s) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE(S) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THIS SITE(S) MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PBL and/or www.peanutbutterlist.com and affiliated site(s) MAY IMPROVE OR CHANGE THE PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. PBL and/or www.peanutbutterlist.com and affiliated site(s) ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liabilities: UNDER NO CIRCUMSTANCES SHALL Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Without limiting the foregoing, under no circumstances shall Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) or its licensor be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, and without limitation, Internet failures, computer equipment failures or upgrades, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.    

Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.  

Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PBLAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.   PBLAND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PBLAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PBLAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PBLOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/access restriction: PBL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.   You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBL as a result of this agreement or use of the Site. PBL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PBL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PBL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.   Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PBL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PBL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.  

Changes to Terms/Modification: PBL reserves the right, in its sole discretion, to change the Terms and Modify under which peanutbutterlist.com is offered. The most current version of the Terms will supersede all previous versions. PBL encourages you to periodically review the Terms to stay informed of our updates.  You will be able to find the most current version of this agreement at our website @ www.peanutbutterlist.com/terms.

Applicable Law:  This Site(s) is created and controlled by Peanut Butter List, LLC in the State of Colorado. The laws of the State of Colorado govern these terms of Service and Membership Agreement, without giving effect to any principles of conflicts of laws.  

Miscellaneous: This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Site. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.     Contact Us PBL welcomes your questions or comments regarding the Terms:   Peanut Butter List, LLC P.O. Box 61086 Colorado Springs, Colorado 80960     Email Address: Info@mypblist.com   Effective as of November 13, 2014 {end page 6 of 6}  

Peanut butter List, LLC Membership Agreement PEANUT BUTTER LIST ™ Member Agreement Pages 1 of 5 for Membership Agreement Welcome to the Peanut Butter List Peanut Butter List LLC Member Agreement is a legal document that details your rights and obligations as a member. You cannot acquire a free trial or membership until you have accepted the Terms of Service and Membership Agreement. The following portion of this document details very important information regarding your free trial and/or membership to Peanut Butter List, LLC.  You are again encouraged to carefully read and understand this document in its entirety before continuing.   By using the website www.peanutbutterlist.com (also referred to as “site”) and/or any other websites owned by Peanut Butter List, LLC; including all product(s) and/or service(s) of Peanut Butter List, LLC (referred to as “we”, “us” and “our”) you agree and are subject to the following Membership Agreement; including any policies, guidelines or amendments that may be presented to you from time to time (collectively, the “Membership Agreement”). By accessing, browsing, or using the www.peanutbutterlist.com, or by selecting I accept during the membership registration, you represent that you have read, understand, and agree to be bound by the terms and conditions of this Membership Agreement, hereinafter referred to as the agreement. Consent: PLEASE READ THESE TERMS OF SERVICE AND MEMBERSHIP AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE AND MEMBERSHIP AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE OR THE MEMBERSHIP AGREEMENT, DO NOT USE THIS SITE.

Peanut Butter List LLC Membership: This Terms of Service and Membership Agreement is your entire agreement with Peanut Butter List, LLC, and govern your use of Peanut Butter List Internet online service. To access Peanut Butter List service you must accept the terms of this Agreement. To be a member or to use a trial for Peanut Butter List, you must be at least 18 years of age. When you accept this Terms of Service and Membership Agreement and complete Peanut Butter List registration process for your free trial or a membership, you become a member to Peanut Butter List. Each membership is to be used for one household. Illegal or improper use by someone to whom you have given permission to use your account puts your account at risk of termination. Please do not share your password with anyone. If your Membership is terminated for violating this Term of Service and/or Membership Agreement, you will not be entitled to a refund. Peanut Butter List’s express permission will be necessary before you are allowed to use all or any part of Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s).  

Nature of the Service:  The Community is a social network facilitating the exchange of personal information between people.  The socialization shall be the reading of profile pages of other members, comments, and possibly even contacting them.  The community provides to its members benefits such as, but not exclusive, and not limited to: coupons, grocery prices, groceries, nutritional facts, ingredients, sales information, estimated ad cycles, historical price data, ratings and comments on items, saved grocery list data, sale trackers, stored personal profile information, and store chain locations.  The community works like an online community of internet users.  

User Registration and Information: Members shall fill in the correct information requested in the User Registration form on the site.  Member shall be required to promptly update the User Information on the site.  Member shall select a username and a password, along with payment information, during the User Registration process.  The Member shall be responsible for: a) all use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Members username and password.  

Free Trial: When you sign up for Peanut Butter List you are given a minimum of 14 days to cancel without incurring any applicable charges. This is your FREE TRIAL. Your account will be billed on the first Wednesday after your 14th day of service. It is your responsibility to cancel your membership within the first 14 days from the initial date of registration in order to avoid being charged membership fees for your selected membership. To gain access to Peanut Butter List’s FREE TRIAL you must enter a valid email address. Should proof of payment be necessary you will also need to enter a valid credit card (or alternate payment options). Your credit card (or alternate payment options) WILL NOT BE BILLED until the first day following your 14 day trial period should you decide to remain a member. If you cancel within the 14 days of your FREE TRIAL you will not be billed at all. You can view the ‘end date’ (renewal date) of your FREE TRIAL within your Member Profile. If you don't want to be a paying member, you must cancel BEFORE the ‘end date’ (renewal date) attached to your profile account. We reserve the right to limit you to just one FREE TRIAL per household per year.  

Charges and Billing: Memberships (Advertising charges, billing and fees are covered in a separate Terms of Service and Advertising Agreement. More information about advertising can be found at www.peanutbutterlist.com/localads.) Peanut Butter List reserves the right to change our fees or billing methods at any time and Peanut Butter List will provide notice of any such change(s) at least thirty days in advance.  Any notifications of changes will be sent to the email address that you have provided us on your membership profile.  It is your responsibility to keep your email address up-dated and valid at all times. You can change and/or update your email and/or billing information under your Member Profile Settings at any time.   Optional Introductory Membership Charges and Fees:

  • (52) Annual Membership….….. $52.00 (billed every 52 weeks)
  • (26) 26 Week Membership….. $39.99 (billed every 26 weeks)
  • (04) Monthly Membership….…. $9.99 (billed every 8 weeks)
  • (01) Weekly ….… $2.99 per week (billed weekly)

Peanut Butter List also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply even during your free trial. If you don't like the changes in fees or billing methods, you may cancel your Membership at any time, but Peanut Butter List does not refund any remaining portion of the Membership fee when you cancel your Membership. Membership Purchase: Once you purchase a Membership on this Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR ANY OTHER PAYMENT OPTIONS TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (OR ANY OTHER PAYMENT OPTIONS) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products and services, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products and services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any membership purchased through the Site.

Automatically Renewed: Once your Membership is activated into a Membership with the appropriate charge, it will be renewed automatically, unless you cancel before the next billing date. Each time you log in, you may view your next billing date (end date or renewal date) within the Member Profile.  If you do not want to continue with your membership, you must cancel BEFORE the "next billing" date listed. There will be NO refunds for late cancellations or cancellations that are made after the billing date, unless expressly permitted by Peanut Butter List LLC and/or www.peanutbutterlist.com and affiliated site(s). To CANCEL, you will need to log in with your username and password and follow the instruction within your Member Profile to cancel your membership.   Content: The content includes messages and other materials posted to forums, groups, or other locations on the site by the members of the Community.  Member of the community is deemed to grant the community the non-exclusive right to post, display, copy and modify the content in connection with the operation of the Site and the Community business.  Member is also deemed to authorize the community to disclose his/her personal data when the Member includes such personal data in the content.  

Release: If the Member has a dispute with one or more other Members, the Member shall release the Community (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  

Modification: We reserve the right to modify or otherwise update these Terms of Service and Membership Agreement at any time and you agree to be bound by such modifications, updates and revisions. You will be able to find the most current version of this agreement on our website (www.peanutbutterlist.com/terms).  

Third-Party Websites, Software and Sites: The Site may direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Site directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.  

Proprietary Rights: You acknowledge and agree that Peanut Butter List, LLC, services and any necessary software used in connection with the delivery of Peanut Butter List, LLC service(s) ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties and is for your PERSONAL USE ONLY. You further acknowledge and agree that content presented to you through Peanut Butter List, LLC, service(s) is protected by, BUT NOT LIMITED TO, copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Peanut Butter List, LLC, or other appropriate third-party rights holders; you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Peanut Butter List, LLC, service(s), content or software, in whole or in part. Subject to the Terms of Service and Membership Agreement, Peanut Butter List, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not, nor allow any third-party to copy, modify, create a derivative work of, 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, unless such activity is expressly permitted or required by law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to Peanut Butter List, LLC service(s) or content. You agree not to access Peanut Butter List, LLC service(s) by any means other than through the interface that is provided by Peanut Butter List, LLC for use in accessing Peanut Butter List, LLC service(s).  

Copyright and Trademarks: All content provided on this Site, BUT NOT LIMITED TO, such as text, graphics, images, etc., is our property or the property of its respective owners and is protected by copyrights, trademarks, and other intellectual property rights.  As such, it is protected by US and International Copyright Laws. The collection, arrangement and assembly of all content on this Site are our exclusive property. As such, it is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited. Unless otherwise noted, the trademarks, service marks and logos (“Trademarks”) used and displayed on this site are our registered and unregistered trademarks and the trademarks of their respective owners. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the site. Our trademarks and the trademarks of their respective owners may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Termination and cancellation: Either you or Peanut Butter List may terminate or cancel your Membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Peanut Butter List. This includes, but is not limited to, any dispute related to, or arising out of:

  • any term of this Agreement or Peanut Butter List’s enforcement or application of this Terms of Service and/or Membership Agreement;
  • any policy or practice of Peanut Butter List
  • the content available through Peanut Butter List
  • your ability to access and/or use Peanut Butter List; or
  • the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

To CANCEL, you will need to log in with your username and password and follow the instruction within your Member Profile to cancel your membership. In the event that your account is terminated or canceled, no refund, including any Membership fees, will be granted. Active Peanut Butter List Members may not allow former Members or other agents who’s Memberships have been terminated to use their accounts. You agree that you will bear the risk, without any liability whatsoever to Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) if the grocery store(s) on our Site changes its marketing policy as to make the list ineffective; or the store closes or moves its’ operations. In either of these events, you are not to be entitled to any credit or refund, even pro rata. In these events you may cancel your Membership BEFORE your ‘next billing’ date (end date or renewal date) to avoid any further charges. Upon cancellation of your membership, you will be granted access to use Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) as an Active Member for the time remaining under the Membership Option previously selected and billed. Once the ‘end date’ has been reached, your access to Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) will be denied until such a time that you reactivate your Membership. Cancelling your automatic renewal may disqualify you from certain contests, incentives and/or programs reserved for Active Members only; this applies to any and all limitations in contests, sweepstakes and giveaways that are allowed by the governing law. (Active Members is to indicate a current Member who has not canceled or stopped the automatic renewal of their Membership). It is your responsibility to keep your Membership Credit Card (or alternate payment option) current and up to date in order to process your next billing cycle. An invalid or insufficient payment will result in the termination of your Membership. Peanut Butter List will attempt to contact you via the email attached to your Membership under the Member Profile to inform you of the pending Membership cancellation. There’s a three-day grace period to allow adequate response. After the 3rd day the Membership will be suspended and/or terminated. It is your responsibility to keep your email address and billing information up-dated and valid at all times. You can change, cancel and/or update your email and/or billing information under your Member Profile Settings at any time.  

Member Affiliates and Registered Affiliates: Member Affiliates are Active Members or Active Member/Advertisers of Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) who have completed the necessary documentation and processes in order to receive compensation for the referral of other Active Members. (“Active Members” are described as Paying Members on any level of optional Memberships and currently enrolled in our automatic renewal system). Compensation and benefits are based on the rules and regulations described in the Peanut Butter List Affiliate Program Packet located within www.peanutbutterlist.com/affiliates.

Registered Affiliates are ‘Non-Member’ Individuals or ‘Non-Member Individuals/Advertisers who have requested and have been granted express permission to promote Peanut Butter List and completed the necessary documentation and processes in order to receive compensation for the referral of other Active Members. (“Active Members” are described as Paying Members on any level of optional Memberships and currently enrolled in our automatic renewal system). Compensation and benefits are based on the rules and regulations described in the Peanut Butter List Affiliate Program Packet located within www.peanutbutterlist.com/affiliates. Peanut Butter List LLC and/or www.peanutbutterlist.com and affiliated site(s) reserve the right to cancel, suspend or terminate Affiliate status at any time. Peanut Butter List reserves the right to change our Affiliate compensation and/or incentive methods at any time and Peanut Butter List will provide notice of any such change(s) at least thirty days in advance.  Any notifications of changes will be sent to the email address that you have provided us on your membership profile.  It is your responsibility to keep your email address up-dated and valid at all times. You can change, edit and/or update your email and/or billing information under your Member Profile Settings at any time.   In the event that your Affiliate Status is terminated, suspended or canceled, no unpaid compensation or incentive rewards will be paid or processed until such a time that an employee of Peanut Butter List, LLC and/or www.peanutbutterlist.com and/or affiliated site(s) can review your account as to the reason of the termination, suspension, and/or cancellation. If your account is, for any reason, determined to violate these Terms of Service, Membership Agreement and/or any other Agreement or Policy of Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s), any and all unpaid compensation and/or incentive rewards will not be paid or given to the Member Affiliate or Registered Affiliate. If no Terms of Service, Membership Agreement and/or any other Agreement or Policy of Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) has been violated, compensation and or incentive rewards will be paid and/or sent on the next payment cycle. Further details and information about the Peanut Butter List Affiliates Program can be found at www.peanutbutterlist.com within the Peanut Butter List Affiliate Program Packet.  

Disclaimer of Warranties: ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SERVICES FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE(S) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THIS SITE(S) MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Peanut Butter List LLC and/or www.peanutbutterlist.com and affiliated site(s) MAY IMPROVE OR CHANGE THE PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities: UNDER NO CIRCUMSTANCES SHALL Peanut Butter List LLC and/or www.peanutbutterlist.com and affiliated site(s) BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Without limiting the foregoing, under no circumstances shall Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s) or its licensor be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, and without limitation, Internet failures, computer equipment failures or upgrades, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification: You agree to indemnify and hold Peanut Butter List, LLC and/or www.peanutbutterlist.com and affiliated site(s), its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity

Jurisdictional Issues: The Site is controlled and operated by Peanut Butter List, LLC, from the State of Colorado, United States of America, and is not intended to subject Peanut Butter List, LLC, to the laws or jurisdiction of any other State, Country or Territory other than that of the State of Colorado, United States of America. Peanut Butter List, LLC, does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Peanut Butter List, LLC, makes no representation that material on the Site is appropriate to or available at locations outside of the State of Colorado, United States.  Representation of this site is based within the front range of Colorado including all areas east of the Continental Divide and where the grocery store chains operate within the bordering line of the State of Colorado.

Applicable Law:  This Site(s) is created and controlled by Peanut Butter List, LLC, registered in the State of Colorado. The laws of the State of Colorado govern these terms of Service and Membership Agreement, without giving effect to any principles of conflicts of laws. This Agreement is governed by the laws of the State of Colorado, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. You agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Colorado Springs, Colorado.  The arbitration shall be conducted by a single arbitrator with experience in computer/technology/social networking matters.  The decision of the arbitrator(s) shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies.

Miscellaneous: Peanut Butter List, LLC, headquarters and principal operations, including control and supervision of the Site, are based in Colorado Springs, Colorado.  The Terms identified above relating to disclaimer of warranties, limitations of liability, indemnification and intellectual property shall survive termination of this Agreement. Notwithstanding, the arbitration requirement above, you agree to the jurisdiction of the State and Federal Court in the State of Colorado, Peanut Butter List, LLC has the right to seek additional remedies, including but not limited to injunctive relief, to enforce the aforementioned clauses or any other material provision of this Agreement. Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever. Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. No waiver by either party of any breech or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: info@mypblist.com   This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Site. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.   { END PAGE 5 OF 5}