- neighbor’S USER PROFILE GUIDELINES, located at http://www.neighbor.world/community-guidelines/ (the “Guidelines”), as amended from time to time, are hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before providing any photo, text, or links to the neighbor Services. These Guidelines are subject to change at any time for any reason without notice to You or Our being liable to You.
- WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. neighbor can request that You delete, or neighbor may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by neighbor, may result in Your User Account being banned and may lead to the termination of Your access to the neighbor Services.
- YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:
- You will NOT use the neighbor Services or any information displayed within the neighbor Services to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
- You will NOT include offensive or pornographic materials, or materials that are harmful in Your neighbor Services personal profile page;
- You will NOT use the neighbor Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the neighbor Services are for personal, non-commercial use only in the manner and for the purposes that We intend;
- You will NOT use the neighbor Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;
- You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the neighbor Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
- You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the neighbor User Accounts of other Users;
- You will NOT misrepresent the source, identity or content of information transmitted via the neighbor Services;
- You will NOT display the neighbor application or profile data on any external display or monitor or in any public setting;
- You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the neighbor Services, features that prevent or restrict use or copying of any content accessible through the neighbor Services, or features that enforce limitations on use of the neighbor Services;
- You will NOT intentionally interfere with or damage operation of the neighbor Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
- You will NOT use the neighbor Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
- You will NOT use the neighbor Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the neighbor Services could lead to death, personal injury, or physical or property damage;
- You will NOT attempt to gain unauthorized access to the neighbor Services, or any part of it, other accounts, computer systems or networks connected to the neighbor Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the neighbor Services or any activities conducted on the neighbor Service;
- You will NOT probe, scan, or test the vulnerability of the neighbor Services or any system or network; use any robot, spider, scraper or other automated means to access the neighbor Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the neighbor Services; modify the neighbor Services in any manner or form; use or develop any application that interacts with the neighbor Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the neighbor Services, including for the purpose of obtaining unauthorized access to the neighbor Services; and
- You will NOT interfere with anyone’s ability to use or enjoy the neighbor Service, or aid or encourage any activity prohibited by this Agreement.
- PREMIUM SERVICES; PURCHASES.
- Premium Services. Certain Services, such as neighbor Plus, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the neighbor Services or otherwise where the Premium Services are offered.
- PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THIS AGREEMENT
- Trial Premiums. Access to neighbor Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.
- CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE neighbor SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES MAY BE OBTAINED BY EMAIL REQUEST TO Hello@neighbor.world.
- Purchases. We reserve the right to correct errors (whether by changing information on the neighbor Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
- Promo Codes. neighbor may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by neighbor at any time in Our sole discretion.
- Payments Are Non-Refundable. Any and all payments made to neighbor are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods.
- Taxes. Unless specified otherwise at the time of purchase, all payments to neighbor are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
- YOUR USAGE.
- You acknowledge that some of the neighbor Services may only be accessed by downloading the neighbor Software to a mobile device. You will not have the opportunity to view Your User Contents (including chat) unless You have downloaded the neighbor Software and registered an account.
- neighbor RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE neighbor SERVICES, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, neighbor ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE neighbor SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU.
- You alone are responsible for Your involvement with other Users. You agree that neighbor will not be responsible for any loss or damage incurred as the result of any such interactions. neighbor reserves the right, but has no obligation, to monitor disagreements between You and other Users.
- neighbor does not control the content of User Accounts and profiles. neighbor has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the neighbor Services.
- OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.
- You may terminate Your Account at any time for any reason, by following the instructions given in the neighbor Services. Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 25.4 below.
- If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid. If we believe that Your profile content or Your conduct within the neighbor Services violates Our Terms of Service, Your access and User Account may be immediately terminated and no refunds will be given.
- neighbor RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.
- neighbor may terminate any User Account You have with the neighbor Services or Your use of the neighbor Services or any portion thereof, if neighbor believes that you have breached this Agreement, or for any other reason, in its sole discretion. neighbor may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the neighbor Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that neighbor will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the neighbor Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the neighbor Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies neighbor may have at law or in equity.
- If You believe that neighbor has suspended or terminated Your User Account in error, You may contact Us at email@example.com at any time.
- USER CONTENT.
- The neighbor Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to neighbor and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with neighbor and other Users.
- You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize neighbor to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the neighbor Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the neighbor Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.
- You understand that when using the neighbor Services, You will be exposed to User Contents from a variety of sources, and that neighbor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.
- neighbor assumes no responsibility whatsoever in connection with or arising from User Content. neighbor assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time neighbor chooses, in its sole discretion, to monitor User Content, neighbor nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, neighbor does not endorse and has no control over the content of User Content submitted by other Users. neighbor makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, neighbor reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.
- User Content is owned by the User who submitted them, subject to neighbor’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.
- If You provide neighbor with any feedback or suggestions regarding the neighbor Services (“Feedback”), You hereby assign to neighbor all rights in the Feedback and agree that neighbor shall have the right to use such Feedback and related information in any manner it deems appropriate. neighbor will treat any Feedback You provide to neighbor as non-confidential and non-proprietary to You. neighbor will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to neighbor any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
- THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the neighbor Services are solely between You and such advertiser. You agree that neighbor will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the neighbor Services.
- Parties other than neighbor may provide services or sell products via the neighbor Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. neighbor does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.
- By Your use of third-party applications that connect with the neighbor Services (“Third-Party Applications”), You acknowledge and agree that neighbor may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. neighbor is not responsible for the transmission of the User Content from the neighbor Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. neighbor is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. neighbor also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.
- You acknowledge and agree that neighbor may incorporate Your User Content and location information for User Accounts from the neighbor Services with third-party information sources and third-party applications in the provisioning of the neighbor Services.
- ADVERTISING. neighbor and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
- END USER LICENSES.
- Mobile Device. To use the neighbor Software You must have a mobile device that is compatible with the neighbor Services. neighbor does not warrant that the neighbor Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the neighbor Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the neighbor Services.
- License Grant. Subject to Your compliance with the terms of this Agreement, neighbor hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the neighbor Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the neighbor Services (other than the neighbor Software) for Your personal, noncommercial use.
- Restrictions. You may NOT: (i) modify, disassemble, decompile or reverse engineer the neighbor Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the neighbor Services to any third party or use the neighbor Services to provide time sharing or similar services for any third party; (iii) make any copies of the neighbor Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the neighbor Services, features that prevent or restrict use or copying of any content accessible through the neighbor Services, or features that enforce limitations on use of the neighbor Services; or (v) delete the copyright and other proprietary rights notices on the neighbor Services.
- Upgrades. You acknowledge that neighbor may from time to time issue upgraded versions of the neighbor Services, and may automatically electronically upgrade the version of the neighbor Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that neighbor will not be liable to You for any such modifications.
- Open Source. With respect to any open source or third-party code that may be incorporated in the neighbor Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open source software. Please contact us at firstname.lastname@example.org(with “Open Source” in the email subject line) for more information.
- Rights Reserved. The foregoing license granted under this Agreement is not a sale of the neighbor Services or any copy thereof and neighbor or its third-party partners or suppliers retain all right, title, and interest in the neighbor Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. neighbor reserves all rights not expressly granted under this Agreement.
- Trademarks, Service Marks and Logos. The names and logos associated with the neighbor Services are the property of neighbor. No use of these marks is permitted except through the prior written authorization and permission of neighbor. All rights reserved.
- Government End Users. The neighbor Services are intended for the use by individuals, not government entities. If neighbor authorizes the use of the neighbor Services on behalf of the United States Government or the United States Government uses the neighbor Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution and disclosure of the neighbor Services (or portion thereof) by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Otherwise, nothing in this Agreement or otherwise will give a government user rights to the neighbor Services broader than those set forth in this Agreement.
- Export Control. The neighbor Services originate in the United States and are subject to United States export laws and regulations. The neighbor Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the neighbor Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the neighbor Services.
- App Stores. You acknowledge and agree that the availability of the neighbor Services is dependent on the third party from which You received the neighbor Services, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between You and neighbor and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the neighbor Services from it. You agree to comply with, and Your license to use the neighbor Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.
- OUR DISCLAIMERS; NO WARRANTIES TO YOU.
- THE neighbor SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE neighbor SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. neighbor, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- neighbor AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE neighbor SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE neighbor SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- neighbor AND ITS SUPPLIERS AND PARTNERS (INCLUDING neighbor’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER neighbor SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT neighbor OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE neighbor SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE neighbor SERVICES AT YOUR OWN DISCRETION AND RISK.
- CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- YOUR INDEMNIFICATION OF US; YOU HOLD HARMLESS neighbor. You agree to indemnify, defend, and hold neighbor (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other neighbor Services generally, (b) any violation of the rights of any other person or entity by You, (c)any alleged breach or violation by You of this Agreement, or (d) Your use of the neighbor Services to meet another User in person or to locate and attend any offline place or event. neighbor reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the neighbor Services.
- LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL neighbor (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE neighbor SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE neighbor SERVICES; (D) THE neighbor SERVICES GENERALLY (INCLUDING THE neighbor SOFTWARE) OR SYSTEMS THAT MAKE THE neighbor SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH neighbor OR ANY OTHER USER OF THE neighbor SERVICES, EVEN IF neighbor OR A neighbor AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL neighbor’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE neighbor SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE neighbor SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. THIS SECTION 18.2 IS NOT INTENDED TO EXCLUDE LIABILITY THAT neighbor MAY NOT EXCLUDE UNDER APPLICABLE LAW.
- YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH neighbor. YOU ACKNOWLEDGE AND AGREE THAT neighbor HAS OFFERED THE neighbor SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND neighbor, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND neighbor. neighbor WOULD NOT BE ABLE TO PROVIDE THE neighbor SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
- YOU RELEASE US. To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other neighbor Services Users or (2) any third-party site, products, services, and links included on or accessed through the neighbor Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- RESOLVING OUR DISPUTES. You and neighbor agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the neighbor Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to neighbor in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 21.
- Informal Resolution. If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at email@example.com, provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.
- Applicable Law. You and We agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of NEW YORK, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the neighbor Services.
- Our Arbitration. You and We agree that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and We agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You and We agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- The Arbitrator’s Award to You or Us. You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same neighbor User to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND WE AGREE THAT 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 PARTY’S INDIVIDUAL CLAIM(S), FOR EXAMPLE YOUR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
- Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
- First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
- Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
- Who Bears the Costs of Arbitration. You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at Your written request, neighbor will reimburse You for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement, provided that You make your request no more than thirty (30) days following the earlier of such decision or settlement. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous or without merit, You agree that neighbor is relieved of its obligation to reimburse You for any fees associated with the arbitration.
- Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against neighbor prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and neighbor. If You do not agree to these amended terms, You may close Your account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.
- Judicial Forum for Legal Disputes. Unless You and We agree otherwise and except as described in Section 21.5.2 (Small Claims Court), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and neighbor must be resolved exclusively by a state or federal court located in New York City, New York. You and neighbor agree to submit to the exclusive personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
- YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW neighbor USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO firstname.lastname@example.org (“OPT-OUT NOTICE”) OR REGULAR MAIL TO: neighbor, 28 Cook Street #4r Brooklyn, NY 11206. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW neighbor USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
- Arbitration Opt-Out Procedure. In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: email@example.com. This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 19 (You Acknowledge the Benefit of the Bargain with neighbor) and 14 through 18 (14 -Advertising; 15 – End User Licenses; 16 – Our Disclaimers; 17 – No Warranties to You, and 18 – Limitation of our Liability and of Your Damages)) will continue to apply to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.
- YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
- STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
- NOTICE AND TAKEDOWN POLICY.
- neighbor respects intellectual property rights and expects its Users to do the same. neighbor will promptly terminate without notice the accounts of Users that are determined by neighbor to be “repeat infringers.” A repeat infringer is a User who has been notified by neighbor of infringing activity violations more than twice and/or who has had a User Content removed from the neighbor Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to Section 8.3.)
- If You are a copyright owner or an agent thereof, and You believe that any content hosted on any neighbor Services infringes Your copyrights, then You may submit a notification by providing neighbor’s Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable neighbor Services are covered by a single notification, a representative list of such works on the applicable neighbor Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit neighbor to locate the material;
- Information reasonably sufficient to permit neighbor to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
- neighbor’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
28 Cook Street #4r
Brooklyn, NY 11206
For clarity, only notices under this Section should go to the neighbor Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to You if You are using neighbor Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 23, the more restrictive or conflicting terms and conditions in this Section 23 apply, but solely with respect to neighbor Software from the Apple App Store:
Acknowledgement. neighbor and You acknowledge that this Agreement is concluded between neighbor and You only, and not with Apple, and that neighbor, not Apple, is solely responsible for neighbor Software and the content thereof. To the extent this Agreement provides for usage rules for neighbor Software that are less restrictive than the Usage Rules set forth for neighbor Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License. The license granted to You for neighbor Software is limited to a non-transferable license to use neighbor Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. neighbor is solely responsible for providing any maintenance and support services with respect to neighbor Software, as specified in this Agreement (if any), or as required under applicable law. neighbor and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to neighbor Software.
Warranty. neighbor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of neighbor Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for neighbor Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to neighbor Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be neighbor’s sole responsibility.
Product Claims. neighbor and You acknowledge that neighbor, not Apple, is responsible for addressing any claims of You or any third party relating to neighbor Software or Your possession and/or use of neighbor Software, including: (i) product liability claims; (ii) any claim that neighbor Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit neighbor’s liability to You beyond what is permitted by applicable law.
Intellectual Property Rights. neighbor and You acknowledge that, in the event of any third-party claim that neighbor Software or Your possession and use of neighbor Software infringes that third party’s intellectual property rights, neighbor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)You are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. neighbor’s contact information for any end-user questions, complaints or claims with respect to neighbor Software is set forth in Section 25.7 below.
Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using neighbor Software.
Third-Party Beneficiary. neighbor and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL. The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:
28 Cook Street #4R
Brooklyn, NY 11206
In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing neighbor notice at the same address as listed above.
Severability, Waiver of Agreement Provisions. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. neighbor may provide You with notices, including those regarding changes to this Agreement, by email or postings on the neighbor Services. You hereby consent to the use of electronic communications.
You May Not Assign, But neighbor May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, neighbor may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
Survival of Provisions. The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the neighbor Services: 1-3, 4.3, 4.4, 5-7, 9.6, 9.7, 10, 12-14, 15 (excluding 15.2), 16-23, and 25.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
Our Disclosures; Your Inquiries. The services hereunder are offered by neighbor 28 Cook Street #4r Brooklyn, NY 11206 General Inquiries: firstname.lastname@example.org.