Grocer's List Inc. Terms of Service

Last updated: 10/1/2023

 

I. INTRODUCTION

 

Please read these Terms of Service (“Terms”) as they set forth the terms and conditions that apply to your access and use of all products and services (the “Services”) that are made available by Grocers List, Inc. (“Grocers List,” “us,” “we,” or “our”) through our websites, including www.grocerslist.com, and our mobile applications  (collectively, the “Site”).

 

By accessing or using the Site and/or Services, you agree to the Terms, as updated from time to time in accordance with Section IX below. If you do not agree with any part of the Terms, do not continue to use the Site or Services.

 

The Site and Services are intended for U.S. residents only. For more information on our privacy practices in connection with the Site and Services, please see our Privacy Policy .

 

THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT GOVERN ANY DISPUTE BETWEEN YOU AND US. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT USE THE SERVICES.

 

II. REGISTRATION AND ACCOUNT SECURITY

 

To access the Site and/or use the Services you must be at least 13 years of age and use the Site and/or Services in compliance with these Terms and any and all applicable laws and regulations. 

 

To use some of the Services, you may need to register for an account, provide information such as your name and email address, and create a username and password. When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself.

 

You are solely responsible for maintaining the confidentiality and security of your password. You agree to accept responsibility for any and all activities or actions that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@grocerslist.com.

 

III. THIRD PARTIES

 

The Site and/or Services may contain links to third-party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services or their privacy or other practices. You agree that we are not responsible for any content that appears on such third-party websites or services, we are not responsible for the legality, accuracy, or appropriateness of any such content, and we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party website or service.

 

To fully utilize some of the Services, you may need to register or have an account with certain third-party sites, including social media sites (e.g., Instagram, TikTok) and/or grocery-delivery sites (e.g., Instacart). You understand and agree that we have no control over these third-party sites, we are not responsible for and make no representations as to their use or disclosure of your information, and that your relationship with these third parties and their sites are governed by their respective terms, privacy policies, and any separate agreement(s) that you may have entered into with them.

 

IV. AFFILIATE MARKETING DISCLOSURE

 

Grocers List is an affiliate marketer and may receive a commission when you click on certain links in connection with the Site or Services, including in an email from Grocers List, and purchase goods or services from those linked websites. While not all links lead to an affiliate site which will result in a commission for Grocers List, you should expect that Grocers List will earn a commission if you follow a link through the Site or Services and make a purchase.

 

V. PROHIBITED CONDUCT

 

You agree that you will use the Site and Services in accordance with all applicable laws, rules, regulations, and these Terms, and you agree not to use the Site or Services for any of the following prohibited uses:

 

●      Any illegal purpose, or in violation of any local, state, national, or international law;

●      To violate or misappropriate or encourage others to violate or misappropriate the rights of third parties, including intellectual property rights;

●      To post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

●      To interfere in any way with security-related features of the Site or Services;

●      To interfere with the operation or any user’s enjoyment of the Site or Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

●      To access, monitor, or copy any content or information of the Site or Services using any robot, scripts, spider, scraper, or other automated means or for any purpose or any manual process to collect information or content or access the Site or use the Services as part of any machine learning or similar algorithmic activity without Grocers List’s express written permission;

●      To perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you;

●      To copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, push, disclose, distribute, display, or prepare derivative works of the Site or Services;

●      To reverse engineer, disassemble, or decompile the Site or Services, including any corresponding source code, without prior written consent from Grocers List; or

●      To sell or otherwise transfer the access granted to you by Grocers List.

 

VI. INTELLECTUAL PROPERTY AND USER CONTENT

 

The Site and Services are protected by applicable copyright and other intellectual property laws, and no materials from the Site or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site and Services belong to Grocers List, except third-party trademarks or service marks, which are the property of their respective owners.

 

You represent and warrant that you own or otherwise have the right to use any content you post to the Site or Services. 

 

You hereby grant to Grocers List a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit, display, perform and distribute any content, information, or material that you submit or post in connection with the Services or otherwise make available to Grocers List in connection with your use of the Services.

 

If you believe, in good faith, that your content has been used in a way that constitutes copyright infringement on the Site or Services, you may contact:

 

support@grocerslist.com

 

You must provide us a written notice titled “Infringement of Intellectual Property Rights - DMCA” and must include the following information:

 

  1. an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

  2. a description of the copyrighted work that you claim has been infringed;

  3. a description of where the material that you claim is infringing is located (e.g., web page address);

  4. your address, telephone number, and email address;

  5. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

VII. INDEMNIFICATION

 

You agree that you will be personally responsible for your use of the Site and Services, and you agree to defend, indemnify, and hold harmless Grocers List and its current and former employees, contractors, directors, officers, parents, subsidiaries, agents, and partners, from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and costs), arising out of or in any way connected with (i) your violation of the Terms or any applicable law or regulation; (ii) any content you have submitted to or through the Services; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Grocers List reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

VIII. TERMINATION

 

If you violate the Terms, your permission to use the Site and Services will automatically terminate. In addition, Grocers List in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site and/or Services at any time, without notice to you.

 

You may terminate your account at any time by contacting us at support@grocerslist.com After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred, consistent with our Privacy Policy .

 

IX. MODIFICATION OF THE TERMS

 

We may modify the Terms and impose new or additional terms or conditions on any use of the Site and/or Services. If we do so, we will notify you by revising the date at the “Last Updated” section at the top of the Terms and/or in some cases, including where required by law, we may provide you with an additional notice, such as via email to the email address you have provided us. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into the Terms. Your continued access of the Site and/or use of the Services will constitute your acceptance of the modified terms and any applicable new or additional terms or conditions. If you do not agree to the modified terms or new or additional terms or conditions, you must stop accessing the Site and stop using the Services.

 

X. DISCLAIMER OF WARRANTIES

 

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH GROCERS LIST SEEKS TO MAINTAIN A SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SITE AND SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SITE OR SERVICES. GROCERS LIST DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICES.

 

GROCERS LIST SPECIFICALLY DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. GROCERS LIST IS NOT RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR UNAVAILABILITY OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SITE OR SERVICES.

 

XI. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL GROCERS LIST OR ITS OFFICERS, EMPLOYEES, SERVICE PROVIDERS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GROCERS LIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND (B) TO THE EXTENT OUR LIABILITY HAS NOT ALREADY BEEN EXCLUDED IN THE FOREGOING, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF WHAT YOU PAID US FOR THE APPLICABLE SERVICES (IF ANY) AND US $100.

 

XII. GOVERNING LAW

 

The Terms are governed by the laws of the Commonwealth of Massachusetts and the Federal Arbitration Act (“FAA”), without regard to conflict of law principles. Subject to Section XIII, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Grocers List agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Suffolk County, Massachusetts, for the purpose of litigating all such disputes. We make no representation that information and materials included in the Services are appropriate or available for use outside the U.S.

 

XIII. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER 

 

Most disputes can be resolved quickly and efficiently by contacting us at support@grocerslist.com. However, in the event that we cannot resolve a dispute with you, then, except with respect to small court claims as set forth in the Arbitration Agreement section below, both you and Grocers List agree to submit the dispute to the American Arbitration Association under its consumer and/or commercial arbitration rules, in accordance with the Arbitration Agreement section below.

 

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GROCERS LIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

ARBITRATION AGREEMENT

 

A. BINDING ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GROCERS LIST AND YOU AGREE TO ARBITRATE ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND GROCERS LIST, AND BETWEEN YOU AND OUR CURRENT OR FORMER EMPLOYEES, DIRECTORS, OFFICERS AND CONTRACTORS, IN ALL CASES ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES, EXCEPT THAT EACH PARTY MAY COMMENCE AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS CONTEMPLATED BELOW (INJUNCTIVE RELIEF) PENDING A FINAL DECISION BY THE ARBITRATOR.

 

YOU ACKNOWLEDGE THAT BY AGREEING TO THE TERMS YOU AND GROCERS LIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE TERMS EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FAA GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THE TERMS OR YOUR RELATIONSHIP WITH GROCERS LIST FOR ANY REASON.

 

B. Arbitrator. Any arbitration between you and Grocers List will be governed by the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Grocers List.

 

All issues are for the arbitrator to decide, including the scope and enforceability of this Arbitration Provision as well as other terms and conditions in these Terms, and the arbitrator shall have exclusive enforceability of this Arbitration Provision or any other term of these Terms including any claim that all or any part of this Arbitration Provision or these Terms is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any part, then the court shall decide whether these Terms permit class or representative proceedings.

 

 

For the avoidance of doubt, the court and arbitrator shall be bound by these terms, including with regard to the class action waiver provision below. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any aware rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

 

During the arbitration, the amount of any settlement offer made by Grocers List or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Grocers List are entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate tov judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effects as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention, if necessary.

 

C. Notice and Process. A party who intends to seek arbitration must first send to the other party, by certified mail, a written notice of dispute (“Notice”). The Notice to Grocers List must be addressed to: Grocers List, Inc. 52 June Ln Newton MA 02459 (“Notice Address”) and must be signed by you personally. Notice to you from Grocers List may be to you directly, or if you are represented by legal counsel, to your legal counsel. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If you and Grocers List do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Grocers List may commence an arbitration proceeding pursuant to the terms of this Arbitration Agreement.

 

D. Hearing. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearing will take place at a location to be agreed upon in Suffolk County, Massachusetts. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

E. CLASS ACTION WAIVER. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. UNLESS BOTH YOU AND GROCERS LIST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET FORTH IN SUBSECTION (F) BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT INDIVIDUAL PARTY’S CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF THIS SPECIFIC SUBPARAGRAPH (E) IS FOUND TO BE UNENFORCEABLE IN ITS ENTIRETY, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. HOWEVER, IF ONLY A PORTION OF THIS SUBPARAGRAPH (E) IS FOUND TO BE UNENFORCEABLE, THEN THE UNENFORCEABLE PORTION OF THE PROVISION SHALL BE STRICKEN, AND THE REMAINDER OF SUBPARAGRAPH (E) ENFORCED. ANY CLAIMS OR CAUSES OF ACTION SEEKING RELIEF NOT SUBJECT TO INDIVIDUAL ARBITRATION UNDER APPLICABLE LAW SHALL BE STAYED IN A COURT OF COMPETENT JURISDICTION PENDING COMPLETION OF INDIVIDUAL ARBITRATION TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN SUBSECTION (E) OR (F) BELOW SHALL PREVENT YOU OR GROCERS LIST FROM PARTICIPATING IN A CLASSWIDE SETTLEMENT OF CLAIMS.

 

YOU AND GROCERS LIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

 

F. Mass, Collective, or Batch Arbitration. You and Grocers List agree that administration of any mass, collective, or batch arbitration shall be governed by the terms set forth in this subsection. You and Grocers List agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against Grocers List, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against Grocers List by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection.

 

Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 150 or more similar arbitration demands against Grocers List are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 150 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and Grocers List agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration.

If subsections (F)(i) or (F)(ii) are not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely-recognized arbitration organization agreeable to follow subsections (F)(i) or (F)(ii). If any other portion of this subparagraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph F and this agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement.

 

G. Discovery. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

 

H. Injunctive Relief. Notwithstanding the Arbitration Agreement, you acknowledge that money damages are an inadequate remedy for unauthorized access to or use of the Services or your breach of any provisions in the Terms relating to Grocers List’s intellectual property rights, and any such breach would result in irreparable harm to Grocers List. Accordingly, in the event of any such actual or threatened breach, Grocers List may, in addition to any other rights or remedies available to Grocers List at law or equity, seek specific performance or injunctive relief without the posting of a bond.

 

I. Modifications. If Grocers List makes any future change to this Arbitration Agreement (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Services, you may reject any such change and require Grocers List to adhere to the language in this arbitration provision as written at the time of your agreement or enrollment if a dispute between us arises, by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Grocers List shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision as written at the time of your enrollment or purchase.

 

J. Severability and Enforceability. If an arbitrator or court decides that any part of this Section XIII is invalid or unenforceable, the other parts of this Section XIII shall still apply. If the entirety of this Section XIII is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section XII shall govern any action arising out of or related to the Terms, and that the remainder of the Terms will continue to apply.

 

XIV. Modification of the Services

 

Grocers List reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Grocers List will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.

 

XV. General

 

  1. Entire Agreement. These Terms, together with the Privacy Policy , constitute the entire and exclusive understanding and agreement between you and Grocers List regarding your use of and access to the Site and Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

 

  1. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

  1. Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

 

  1. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

 

  1. Third Party Beneficiaries. Grocers List’s current and former employees, directors, officers and contractors, and each of their successors and assigns, are intended beneficiaries of Section 6 (Indemnification) and the Arbitration Agreement and have the right to enforce such provisions against you. The Terms are not otherwise intended to grant rights to anyone except you and Grocers List or create any third-party beneficiary rights.

 

XV. CONTACT

If you have any questions about these Terms, please contact us at: support@grocerslist.com.