TERMS OF USE FOR Neighborino™ WEB SITES
Welcome Neighbor! Neighborino is proud to bring you your neighborhood’s web site. By clicking on “Accept” or by visiting or using the Neighborino.com web site or any other web site hosted by Neighborino including without limitation your neighborhood’s individual web site (individually and collectively the “Web Site”), you agree to the following Terms of Use and acknowledge that these Terms of Use constitute a binding contract between you and Neighborino.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT CLICK ON “ACCEPT” OR VISIT OR USE THIS WEB SITE, YOUR NEIGHBORHOOD’S INDIVIDUAL WEB SITE OR ANY OTHER WEB SITE HOSTED BY Neighborino.
Introduction
Neighborino reserves the right to modify these Terms of Use at any time in its sole discretion and without notice of any kind. You are responsible for reviewing these Terms of Use from time to time so that you will be apprised of any changes.
General Limitations on Use
The Web Site is offered solely for your personal and non-commercial use and you agree not to use the Web Site, in whole or in part, for any commercial purpose, for any unlawful purpose, or in any way prohibited by these Terms of Use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Site. You will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You must be at least eighteen (18) years of age to use the Web Site.
You agree that you will not impersonate, or misrepresent your affiliation with, any person or entity and that you will promptly provide true, accurate and complete user information to Neighborino if requested. You agree that you will not access or attempt to access password protected, secure or non-public areas of any of the Web Site, except for those areas for which you are authorized access by issuance of a password by Neighborino or its authorized designee. You are responsible for use of the Web Site by persons to whom you have intentionally or negligently allowed to access your password. If you attempt to access prohibited areas of the Web Sites, you may be subject to prosecution. You agree not to create links from any web site or web page to any page within the Web Site without the prior express written permission of Neighborino, which permission may be granted or denied in Neighborino’s sole discretion and, if granted, may be subject to certain additional terms and conditions. Please contact Neighborino to request permission to link to the Web Site.
Neighborino may terminate your access to and use of the Web Site, or any part thereof, with or without notice in its sole discretion and at any time. If Neighborino determines or suspects that you are using or attempting to use the Web Site for any inappropriate, illegal, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Neighborino may initiate appropriate legal actions without prior notice to you, including but not limited to actions seeking lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies.
Content Provided to You
The Web Site may contain information and materials originated by Neighborino (the “Neighborino Content”). Neighborino presents and makes the Neighborino Content available as a public service. Neighborino does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the Neighborino Content. You are responsible for confirming the sufficiency and reliability of any Neighborino Content you may use or rely upon.
For your convenience, the Web Site may contain information and materials from third parties and links to third party web sites ("Third Party Content"). Third Party Content is not under the control of Neighborino and Neighborino is not responsible for Third Party Content or any changes or updates to Third Party Content. Neighborino provides Third Party Content to you only as a convenience and the inclusion of Third Party Content does not imply endorsement by Neighborino of the Third Party Content or of the third party. You may be subject to additional or different terms, conditions, and privacy policies when you use Third Party Content.
The Web Site may include listings of goods and services available from your neighbors or from other third parties. Neighborino does not review or verify the information or representations in those listings. Neighborino makes no guarantees or representations regarding the accuracy of those listings and Neighborino does not endorse or recommend the goods or services of any third party. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a listing third party, and Neighborino does not guarantee or warrant the performance of any such listing third party. YOU HEREBY AGREE TO RELEASE Neighborino AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY LISTING THIRD PARTY.
The Web Site may include a service whereby you and third parties can post comments or otherwise communicate with your neighborhood association president, your neighbors or other third parties. You acknowledge that Neighborino is acting as a passive conduit for the transmission of such posts and communications and you hereby grant Neighborino permission to disclose any or all of the information that you provide to Neighborino when using this service. Neighborino is under no obligation to monitor, pre-screen, or otherwise censor posts or other communications. Neighborino does not guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of posts or other communications. You are responsible for confirming the sufficiency and reliability of any posts or other communications you may use or rely upon. If you suspect that any of posts or communications infringes the copyright of any person or entity or contains objectionable content, please notify Neighborino by contacting Neighborino.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, MATERIALS AND SERVICES ON THE WEB SITE (INCLUDING WITHOUT LIMITATION CONTENT ADDED BY Neighborino, THIRD PARTY CONTENT, POSTS AND OTHER COMMUNICATIONS) IS AT YOUR SOLE RISK. SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Neighborino MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION, MATERIALS OR SERVICES. Neighborino EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting foregoing, Neighborino specifically disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, materials or services on the Web Site; (b) any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any posts or other communications, information or materials; and (c) any responsibility for any harm resulting from downloading or accessing any communication, information or materials on the Web Site or on the Internet through the Web Site.
Limitation of Liability
IN NO EVENT SHALL Neighborino, ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF DATA OR FOR LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION, MATERIALS, SERVICES, POSTS OR OTHER COMMUNICATIONS PROVIDED ON THE WEB SITE OR ACCESSED THROUGH THE WEB SITE, THE USE OR PERFORMANCE OF THE WEB SITE OR THE DELAY OR INABILITY TO USE THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Neighborino OR ANY OF ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE OR DAMAGE AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. Without limiting the foregoing, under no circumstances shall Neighborino or its licensors or suppliers 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, without limitation, Internet failures, computer equipment failures, 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.
Content Provided By You
Neighborino may require that you provide specific information about yourself in order for you to participate in certain services available on the Web Site and may solicit your opinion about the Web Site or other matters (the "Solicited Information"). Neighborino is committed to maintaining the privacy and security of Solicited Information as provided in the Neighborino Privacy Policy.
The Web Site may include a service whereby you can list offers of goods or services being made available by you, post comments or otherwise communicate with your neighborhood association president, your neighbors or other third parties (“Your Communications”). Neighborino is under no obligation to monitor, pre-screen, or otherwise censor Your Communications. Neighborino is not responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of Your Communications. Always use caution when posting any personally identifying information about yourself or your children on the Web Site. If you list goods or services available from you, it is entirely up to you to enter into a direct contract or otherwise reach agreement with any interested third party, and Neighborino does not guarantee or warrant the performance of any such third party. YOU HEREBY AGREE TO RELEASE Neighborino AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY INTERESTED THIRD PARTY.
You agree that you will not use the Web Site to: (a) post or transmit any content not related to appropriate subject matters; (b) post or transmit any content which is misleading to others; (c) post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (d) post or transmit any content that you do not have a right to post and transmit under any law or under contractual relationships; (e) post or transmit any content if doing so infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) post or transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
By posting or transmitting Your Communication to the Web Site, you grant Neighborino a non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display Your Communication on and through the Web Site and in Neighborino’s advertising and promotional materials.
You acknowledge that, while Neighborino does not pre-screen Your Communication, Neighborino and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is posted by you or any other party to the Web Site. Neighborino reserves the right to disclose any information about you or Your Communication to satisfy any applicable law, regulation, legal process or governmental request.
By posting or transmitting content to the Web Site, you warrant and represent that you own or otherwise control all of the rights to such content including without limitation all the rights necessary for you to post or transmit such content.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Neighborino AND ITS LICENSORS AND SUPPLIERS, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES INCURRED TO DEFEND SUCH CLAIMS OR DEMANDS) (A) DUE TO OR ARISING OUT OF ANY INFORMATION OR MATERIALS SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU (INCLUDING WITHOUT LIMITATION SOLICITED INFORMATION AND YOUR COMMUNICATIONS) TO THE WEB SITE, Neighborino OR ITS LICENSORS OR SUPPLIERS; OR (B) DUE TO OR ARISING FROM YOUR USE OF THE WEB SITE OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Miscellaneous
These Terms of Use will be governed by and construed in accordance with the laws of the State of Indiana, U.S.A., without giving effect to its conflict of laws provisions or your actual state or country of residence. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts of Hamilton County, Indiana in all disputes arising out of or relating to the use of the Web Site or these Terms of Use. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Neighborino as a result of these Terms of Use or your use of the Web Site. Neighborino’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Neighborino’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Neighborino with respect to such use. If any part of these Terms of Use 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 these Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement between you and Neighborino with respect to the Web Site and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Neighborino or its licensors or suppliers with respect to the Web Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use. These Terms of Use will inure to the benefit of Neighborino’s successors, assigns and licensees. The failure of Neighborino to exercise or enforce any right or provision of these Terms or Use does not constitute a waiver of such right or provision. Headings are included for convenience only and have no legal or contractual effect.
All information, materials and services provided on the Web Site and the organization and layout of the Web Site are owned and copyrighted or licensed by Neighborino or its licensors or suppliers. No reproduction, distribution, or transmission of copyrighted materials on the Web Site is permitted without the express written permission of Neighborino in each instance. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to hello@neighborino.com.