Welcome to Shrtlst, the online and mobile service of Unbiased Insight, Inc. (“Shrtlst,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, products, web site, mobile application, and software provided on or in connection with our service (collectively the “Services”). By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy at https://shrtlst.com/privacy whether or not you are a registered user of our Service.
For all purposes, the English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of the Agreement and any subsequent translation into any other language, the English language version shall govern and control.
Shrtlst reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users (including, without limitation, Experience Providers and Members, each as defined below), and others who access the Services (“Users”).
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The Services allows Users to browse and search for leisure experiences, including, but not limited to, restaurants and bars, activities, concerts, special events, and lodging options in select destinations (“Leisure Experiences”). The Leisure Experiences are curated primarily by locals who are hand-selected and vetted by the Shrtlst for their unique perspectives and consistently on-point recommendations (“A-Listers”). In order to ensure that Shrtlst content is as unbiased as possible, Shrtlst pays A-Listers for their recommendations and has them sign affidavits attesting that they are not receiving compensation or special benefits directly or indirectly from any of their recommended Experience Providers.
The Services also provide a place for Users to search for and make reservations with Experience Providers. When you make a reservation, you are entering into a contract with the respective provider via the Services, not with Shrtlst itself.
The Services also allows Users who create an account with the Services ("Members") to save Leisure Experiences for future reference and itinerary planning and to stay informed about Leisure Experiences that Shrtlst believes may be of interest.
You may use the Services only if you can form a binding contract with Shrtlst, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by Shrtlst.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services solely for your personal, non-commercial use. Shrtlst reserves all rights not expressly granted herein in the Services and Shrtlst Content (as defined below). Shrtlst may terminate this license at any time for any reason or no reason. In order for Shrtlst to provide you with the Services related to any downloadable browser extensions or apps, you hereby authorize Shrtlst to capture information from third party sites during your browsing sessions for the purposes of providing those Services when such information has been provided to or displayed for you.
Your account with Shrtlst gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account with Shrtlst on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Shrtlst with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store credentials for that service. If you have an account with more than one service of Shrtlst, we may share your information between your accounts in order to provide you with the Services.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Shrtlst immediately of any breach of security or unauthorized use of your account. Shrtlst will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Services by changing the settings in your account profile/settings pages. By providing Shrtlst your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive certain email messages, you may opt out or change your preferences in your account profile/settings pages, as provided in our Privacy Policy https://shrtlst.com/privacy. Opting out may prevent you from receiving certain email messages regarding the Services that may be of interest to you.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Shrtlst servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Shrtlst grants the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Shrtlst shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (“Shrtlst Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Shrtlst and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Shrtlst Content. Use of Shrtlst Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Shrtlst under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Shrtlst does not waive any rights to use similar or related ideas previously known to Shrtlst, or developed by its employees, or obtained from sources other than you.
The Services’ reservation search and purchasing tools are provided for Users to facilitate legitimate transactions with Experience Providers. Separate terms and conditions will apply to any reservations that you make. You agree to the terms or conditions associated with each Experience Provider with whom you elect to deal including, but not limited to financial responsibility for and payment of all amounts when due and compliance with the Experience Provider's rules and restrictions regarding availability and use of rates, services, or products.
You also agree that the Services shall only be used by you to make legitimate reservations for you or for another person for whom you are legally authorized to act. Any false, speculative, or fraudulent reservation or any reservation in anticipation of future demand is prohibited.
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data asset forth in our Privacy Policy at https://shrtlst.com/privacy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
Shrtlst uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Shrtlst. Shrtlst does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that this Agreement and Shrtlst’s Privacy Policy do not apply to your use of such sites. You expressly relieve Shrtlst from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Shrtlst shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Shrtlst and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by the Services on your behalf; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
The services are provided on an “as is” and “as available” basis. Use of the services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Shrtlst or through the services will create any warranty not expressly stated herein. Without limiting the foregoing, Shrtlst, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the services.
Shrtlst does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or service, including without limitation any reservations made through the services, and Shrtlst will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow exclusions and limitations of certain implied warranties, so some of the above limitations may not apply to you.
To the maximum extent permitted by applicable law, in no event shall Shrtlst, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will Shrtlst be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your account or the information contained therein.
To the maximum extent permitted by applicable law, Shrtlst assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available
through the services; and/or (vii) user provided content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Shrtlst, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Shrtlst hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Shrtlst has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights, which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Services are controlled and operated from facilities in the United States. Shrtlst makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
All data on the Services’ servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Shrtlst’ servers, may be deleted, altered, moved or transferred at any time for any reason in Shrtlst’ sole discretion, with or without notice and with no liability of any kind. Shrtlst does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Shrtlst’ servers.
You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Shrtlst. For any dispute with Shrtlst, you agree to first contact us at contact@shrtlst.com and attempt to resolve the dispute with us informally. In the unlikely event that Shrtlst has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted atwww.jamsadr.com. The arbitration will be conducted in Clark County, Nevada, unless you and Shrtlst agree otherwise. If you are a Experience Provider or otherwise using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for personal use: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Shrtlst from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
With respect to all persons and entities, regardless of whether they have obtained or used the services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Shrtlst are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shrtlst without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Shrtlst may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Shrtlst in our sole discretion. Shrtlst reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Shrtlst is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Shrtlst may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.
This Agreement, together with any amendments and any additional agreements you may enter into with Shrtlst in connection with the Services (including, without limitation, any Experience Provider Service Provider Agreement), shall constitute the entire agreement between you and Shrtlst concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that
in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Shrtlst’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us contact@shrtlst.com with any questions regarding this Agreement.
This Agreement was last modified on Feburary 2, 2024.