Randy's List Terms and Conditions of Use
Effective January 5, 2012.
Thank you for visiting Randy’s List, a service of IPAW, Inc. (“Randy’s List”, “we”, “our”, or “us”). We aim to provide valuable and useful ratings on service industry consumers and customers (“customers”) to you, the service industry professional (“you” or “your”), so that you can benefit from the experiences other industry service professionals have had with rated customers and to provide your own ratings on the customers you have done work for. The terms and conditions of use that follow (the “terms,” “terms of service,” or “terms and conditions”) are intended to make you aware of your and our legal rights and responsibilities with regard to your access to and use of Randy’s List and any related software applications or content whether now existing or added in the future (collectively, our “services”). By accessing or using our services, you must read and agree to be bound by these terms which we have a right to change at any time by posting a revised terms of service on this page; such changes to be effective the date of posting on www.randyslist.com. By accepting these terms, you also agree that your use of our services may be governed by a separate privacy policy. We encourage you to carefully read and understand these terms and our privacy policy. BY CLICKING “I AGREE” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS AND CONDITIONS OF USE AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.
Use of Randy’s List Services
This site is protected by copyright, trademark or other applicable intellectual property laws. You cannot use our services in a manner that violates our legal rights or in a manner we have not authorized you to do. Our services are provided solely for your personal use. Although Randy's List does not claim ownership of any of the ratings, communications, information, data, text or other materials you give us (collectively, the “content”), you may not sell, copy, modify, post, transmit, republish, or reproduce in any manner the services found on Randy’s List which you did not submit without our express permission.
Certain portions of our services may be secured or have limited access to all but authorized users with a valid login name and password (“accounts” or “restricted access services”). Only authorized persons with approved accounts may access restricted access services. Individuals attempting to or obtaining access to restricted access services without authorization are in violation of these terms and conditions and may be subject to prosecution.
Randy's List has established a privacy policy to explain to you, and other users, how your personal information is collected and used. Our privacy policy is located at: ww.randyslist.com/privacy-policy. Subject to our privacy policy, when you submit or post information or material on Randy’s List, you grant us, and anyone we authorize, a free unlimited license to use and reuse the information in any manner we choose. You also grant us the right, as we deem appropriate, to identify you by name and address as the author of any of your submissions or postings without any compensation to you of any kind.
We reserve the right to deny access to our services to anyone who violates these terms and conditions or who, in our opinion, interferes with the ability of others to enjoy our services or infringes on the rights of others.
Registration for Randy’s List Services
You must be eighteen (18) years of age to register for use of restricted access services or an account. As a condition of your use of restricted access services, you must provide Randy's List with true, accurate, current and complete information as prompted by the Randy's List's registration forms, when registering for or using our services and ensure the continuing truthfulness and accuracy of your registration information. An account for you will be created if you are granted access to our restricted access services. You are solely responsible for maintaining the security of your password information for your account and agree to notify us immediately of any unauthorized use of your account. You agree not to impersonate anyone else, create multiple accounts, create an account for anyone other than yourself or register an account using a user name or email address other than your own. We reserve the right to reject or terminate any login or user name that we believe is offensive or inappropriate.
Payment for Randy’s List Services
Randy's List will charge you a fee in order to access our restrictive access services (“access fee”). You agree to pay all fees specified. Access fees are charged on an annual basis. Once an account is established, you will be granted access to restrictive access services for one account within a market selected by you. Annual access fees must be paid in advance by credit card, debit card or PayPal. The annual terms of membership are listed below. Payment obligations are non-refundable. Other data, messaging, or internet service provider fees may apply in your use of Randy’s List which are not included in the Randy’s List access fee. You must provide and are solely responsible for all hardware and/or software necessary to access our services.
Auto-Renewal of Access Fee
Your access fee will operate on an auto-renewal basis meaning that whatever payment method you used to pay the access fee will be used to pay your renewal access fee automatically each year. Such annual renewal payment will take place on or about the 1st of the calendar month in the month in which your annual restricted access services account was established. The fees for the renewal will be the same as for the previous year unless we notify you at least thirty (30) days prior to such renewal of a change in the fees. Unless you terminate your account as provided below, you hereby authorize us to automatically charge the renewal access fee to the payment method found in your account.
Termination of Your Account
You can cancel or terminate your account upon written or email notice to us received no later than thirty (30) days prior to the expiration of your annual restricted access services or the due date of your next annual access fee, whichever is first to occur. You may cancel your annual membership by providing Randy's List with notice of your decision by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
Randy's List may suspend, restrict or terminate your account and refuse any future use of all or portions of our services if your use breaches or fails to comply with any of these terms and conditions. Additionally, Randy's List may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of these terms and conditions; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of these terms and conditions.
Modification or Termination of Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Randy’s List, or any portion thereof, with or without notice. You agree that we are not liable to you for any modification, suspension, or discontinuance of our services or any portion thereof.
Customer Ratings
We and others will rely upon you to base your ratings of customers upon honest opinions based upon first-hand knowledge. By submitting a rating of a customer you represent to us that:
(a) your rating is based upon your actual first-hand experiences with the customer;
(b) your rating is based upon your honest opinion of the customers and is reasonably accurate in all respects; and
(c) you are not in any way related by blood, marriage or adoption to the rated customer.
The ratings that you provide do not reflect the views of Randy's List, its shareholders, directors, officers, employees, agents, designees, or other users. You further agree that we may make your name, address and report information available to any customer you rate.
Use of Your Suggestions
Randy's List appreciates ideas, suggestions, and input on how to improve our services. However, you should know that any such ideas, suggestions, and input provided to us become the property of Randy’s List, and you will not be compensated for even great ideas, suggestions, or input. Therefore, you should not submit any ideas, suggestions, input, or other information that you do not wish to become the property of Randy’s List. Again, you will not be compensated for your ideas, suggestions, or input even if they are used in the future by Randy’s List or by others if Randy’s List shares them with others. You agree that Randy’s List is not required to keep your ideas, suggestions, and input confidential and Randy's List will not be liable to pay your for any future use or disclosure of such ideas, suggestions, or input by Randy’s List or anyone else.
Disclaimers and Limitations of Liability
Randy's List has no obligation to screen, preview, monitor or approve any content submitted by others, including any person holding a Randy’s List account. Nevertheless, we reserve the right to review and delete any content that, in our sole judgment, violates these terms and conditions.
Randy's List does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through Randy’s List. You acknowledge that Randy's List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content and for the publication and distribution of any content posted by you about customers. You understand that all content posted on, transmitted through or linked through our services by you or other service industry professionals are the sole responsibility of the person from whom such content originated. You understand that Randy's List does not control, and is not responsible for the content posted by others on Randy’s List, and that by using Randy’s List, you may be exposed to content that is inaccurate, misleading, or possibly even offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content on Randy’s List.
By using Randy’s List, you agree that it is solely your responsibility to evaluate and assume the risks of use relating to the accuracy, usefulness, completeness or appropriateness of any content that you submit to Randy’s List. Randy's List does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any of the industry professionals holding accounts with Randy’s List or from any of the rated customers. If you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any account holder or any rated customer, Randy's List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in projects involving any rated customer, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such customer exclusively and do not involve Randy's List. You should make whatever investigation or other resources that you deem necessary or appropriate before working with or contracting with customers rated on Randy’s List. You hereby release Randy's List from any and all liability for or relating to any interactions or dealings with customers who are rated here.
Our services are subject to the normal limitations, delays and other problems inherent in the use of the Internet and electronic communications. Randy's List is not responsible for any delays, failures or other damage resulting from such problems. You assume the entire cost and responsibility for any damage to, and all necessary maintenance, repair or correction of, the hardware or software necessary to access Randy’s List.
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTEND PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT THAT OUR SERVICES OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT USE OF OUR SERVICES AND OUR WEBSITE IS AT YOUR OWN RISK. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OUR SERVICES OR THE CONTENT OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RANDY’S LIST BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “DAMAGES”) RELATING TO THE USE OR INABILITY TO USE OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTDUCT OF ANY ACCOUNT HOLDER. IF YOU ARE DISSATISFIED WITH RANDY’S LIST, OR ANY CONTENT OR SERVICES ON RANDY’S LIST, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE AND DISCONTINUE USING OUR SERVIES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You understand and agree that your unlimited access to the content on Randy’s List represents a substantial portion of the value you receive from your Randy's List's access fee. THEREFORE, TO THE EXTENT RANDY'S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OR TO OUR SERVICES, RANDY'S LIST'S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) YEAR OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN ANNUAL BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) YEAR PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RANDY'S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO RANDY'S LIST THROUGH THE USE OF A CREDIT CARD (A CREDIT CARD PROCESSOR). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR RANDY'S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) ARE LIABLE FOR ANY DAMAGES (SUBJECT TO THE LIMITATIONS SET FORTH HEREIN SUFFERED BY YOU AS A RESULT OF THE FAILURE OF RANDY'S LIST TO PROVIDE SERVICES TO YOU OR ANY BREACH OF THESE TERMS AND CONDITIONS BY RANDY'S LIST). YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF RANDY'S LIST TO PROVIDE SERVICES TO YOU OR ANY BREACH OF THESE TERMS AND CONDITIONS BY RANDY'S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Indemnification
You agree to indemnify, defend and hold harmless Randy's List, its shareholders, directors, officers, employees, agents, designees, users, service providers, suppliers, successors, and assigns, from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these terms and conditions by you; (b) the inaccurate or untruthful content or other information provided by you to Randy's List or that you submit, transmit or otherwise make available through our services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another.
Breach and Attorney’s Fees
If it becomes necessary for Randy's List to pursue legal action against you to enforce these terms and conditions, in addition to our actual compensatory losses and damages, you agree to pay a reasonable attorney’s fee and court costs.
Notices
You agree that Randy's List may communicate any notices to you under these terms and conditions, through electronic mail, regular mail or posting the notices on Randy’s List. All notices to Randy's List will be provided by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . Such notices are deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
Governing Law
These terms and conditions and the relationship between you and Randy's List are governed by the laws of the State of Alabama, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in the Middle District of Alabama, Eastern Division, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Randy's List may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of our services must be filed by you within two (2) years after such claim or cause of action arose or will forever be barred.
Severability
If any provision of these terms is declared unlawful, invalid or unenforceable by a court for any reason, then that provision will be considered severed from these terms and conditions and the remainder of these terms and conditions will continue in full force and effect.
