Terms of Use

Updated and effective: August 1, 2020

These terms of service (“Terms”) cover your use and access to our services, website, client software, content, and mobile applications (collectively, the "Service"). Your use of the Service is subject to these Terms of Service and Neighborhoody’s Privacy Policy (collectively, the “Terms of Service” or “Agreement”). Our Privacy Policy covers what personal information we collect and how it is used and shared. These Terms of Service are a legal agreement between You and Homeownly, LLC (“Neighborhoody”), a Arizona Corporation, for use of the Service. When we talk about “Neighborhoody”, “we”, “our”, or “us” in this policy, we are referring to Neighborhoody, the company which provides the Services.

By using or accessing the Service, you are agreeing to these Terms, our Privacy Policy, and our Business Agreement (collectively, this “Agreement”). "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms on its behalf. At any time and from time to time, Neighborhoody may modify the Terms. Accordingly, please continue to review these Terms whenever accessing or using the Service. After Neighborhoody has posted modifications to the Terms, Your use of the Service constitutes your binding acceptance of such changes. By using the Service, You signify Your irrevocable acceptance of this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Service.

Introduction

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Neighborhoody is intended or created by these Terms. Neighborhoody reserves the right to ban any member or website, elect to suspend or terminate access to the Service for any reason. The original language of these Terms is English. Neighborhoody may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Description of Service

The Service includes, and is limited to, a service, web site, and/or mobile application that allows You access to and use of a single Neighborhoody Account. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms, Neighborhoody grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us.

A "Neighborhoody Account" or "Account" referred to herein means a service, web site, or mobile application, provided by Neighborhoody, where You may use Neighborhoody to create, update, share, and publish information, data, text, messages or other materials ("User Content”). The Service lets You share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what You share via the Service.

Registration

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Neighborhoody with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Neighborhoody of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Neighborhoody cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

Kids Under 13 and Neighborhoody

Neighborhoody does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service without the express consent of such person’s parent or guardian. The Service is not intended for and may not be used by children under the age of 13. By using the Service, you represent that you're at least 13. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf. In the event that we learn that we have collected personal information from a child under age 18 without verification of consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at support@neighborhoody.com.

Premium Service and Service Fees

Additional groupings of features may be added to the Service and made available to You as a premium service ("Premium Service"). If You choose to subscribe to a Premium Service, You shall pay fees ("Service Fees") to Neighborhoody. Upon selection of a Premium Service, You will provide Neighborhoody with the necessary billing information ("Billing Data"). You can pay Subscription Fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts for payment for a Premium Service. All currency references are in U.S. dollars. If the Premium Service is recurring, to ensure uninterrupted service, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable or cancel your subscription. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Premium Service before it renews in order to avoid billing of the next periodic subscription fee to your account. Service Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement. If Your Service Fees payment is overdue, Neighborhoody will disable Your access to the Service provided by the Premium Service. Neighborhoody may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Neighborhoody may delete Your User Content. In the event of termination, Neighborhoody may also withdraw and at its discretion reallocate the web address of Your Account. As long as Your Account remains active and in good standing, You will be charged the Service Fees even if You never use the service. You may, however, cancel Your Premium Service at any time. All Service Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties. Downgrading of the current Premium Service may cause the loss of features or capacity of the Account, as well as the loss of User Content.

Free Trial

You are not required to provide any credit card information during the trial period (“Free Trial”) of the Premium Service. If the period of Free Trial has expired, the Account will be automatically deactivated and/or downgraded. If You do not pay the first Service Fees within 2 weeks as of the expiry of the Free Trial, Neighborhoody has the right to permanently delete the Account, including all Content therein.

Third Party Services and Integrations

The Service is integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof. The Service may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

Public Information

Neighborhoody may aggregate and publish public records to provide the Service. We cannot guarantee the accuracy, correctness, and/or timeliness of the data. Therefore, Neighborhoody.com cannot be held responsible for claims arising from public records.

Acceptable Use of the Service

You must not use the Service for anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racially, ethnically or otherwise objectionable, or is prohibited by these Terms and/or any notices elsewhere in the Agreement. You agree not to misuse the Service or help anyone else to do so. You agree not to copy/collect content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You are solely responsible for Your User Content and the consequences of posting or publishing them on or through the Service.

Prohibited Use

By using the Service, you agree not to: (A) use information provided by Neighborhoody through the Service in making any disclosure-related decisions; (B) reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Service, except as explicitly permitted under these Terms; (C) use the Service in any way that is unlawful, or harms Neighborhody, its service providers, suppliers, or any other user; (D) distribute or post spam, or similar communication through the Service; (E) impersonate another person or misrepresent your affiliation with another person or entity; (F) upload invalid data, viruses, worms, or other software agents to the Service; (G) interfere with, or compromise the system integrity or security of the Service, or otherwise bypass any measures Neighborhoody may use to prevent or restrict access to the Service; (H) conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Service) on the Service; (I) access or use any of the Service to develop competitive products or services; or (J) attempt to, or permit or encourage any third party to, do any of the above.

Liquidated Damages

You further agree that if you violate any of the Terms, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) sending an unauthorized/unsolicited email to an email address obtained from the Service - $100 per violation; (B) using Neighborhoody user information to make/send an unauthorized/unsolicited text message, call, or communication to a Neighborhoody user - $250 per text/call/communication; (C) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting Neighborhoody content for any purpose without our express written consent - $3,500 for each day you engage in such violations; (D) requesting, viewing, or accessing more than 500 pages of the Service in any 24-hour period - $0.25 per page during the 24 hour period after the first 500 pages. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the Acceptable Use of the Service section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Warranty and Limitation of Liability

We do our best to provide a reliable Service, but there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NEIGHBORHOODY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise that any aspect of our software or service will work properly or continuously. Neither Neighborhoody nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk. Neighborhoody and its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Neighborhoody, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless Neighborhoody, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service or other right of any person or entity.

Waiver of Claims Against Neighborhoody

If you have a dispute with another Neighborhoody User, we hope that you will be able to work it out amicably. Please understand that Neighborhoody is not responsible for the actions of its Users; each User is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release Neighborhoody (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you have a dispute with Neighborhoody, you agree to contact us and try to resolve the dispute informally before pursuing other methods.

Disputes

Any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of the Service; (each such controversy or claim, a “Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the Revised Uniform Arbitration Act for any such error.

Claims shall be heard by a single arbitrator. Arbitrations will be held in Phoenix, Arizona, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Arizona. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.

NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM THAT IS NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MARICOPA COUNTY, ARIZONA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND NEIGHBORHOODY AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NEIGHBORHOODY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

Termination

Neighborhoody may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Neighborhoody account (if you have one), you may simply discontinue using the Service.

Copyright / DMCA

We reserve the right to delete or disable content alleged to be infringing and terminate User Accounts of repeat infringers. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Miscellaneous

This Agreement constitutes the entire agreement between Neighborhoody and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Neighborhoody, or by the posting by Neighborhoody of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Arizona, U.S.A.