WEB SITE TERMS-OF-USE AGREEMENT
NEIGHBORNETINC. WELCOMES YOU TO YOUR SITE. WE ASK THAT YOU READ
THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR
USE OF THIS SITE AND ANY USE AND TRANSACTIONS THAT YOU ENGAGE IN THROUGH
THIS SITE ("AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS
SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH
THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO
NOT USE THIS SITE.
USE OF SITE
This Web site is provided solely for the use of current and future
subscribers of NEIGHBORNETINC to provide you with information about our
company, to permit you to view your neighborhood's site and interact
with other users, set and view your personal calendar and to otherwise
be informed as to current news and information within your neighborhood
and surrounding communities. You are also permitted to contact us with
any questions or comments that you may have. Any other use of this site
is prohibited. By way of example, you may not use any features of this
site that permit communications or postings to post, transmit, display,
or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or
otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or
other similar type of information;
iii.any encouragement of illegal activity;
iv.unauthorized use or disclosure of private, personally
identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws
protecting any materials or data of others in the absence of a valid
license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs,
photographs, writings, graphs, data, and other materials either on their
own or combined ("Materials") are the property of
NEIGHBORNETINC and its affiliate websites and are protected by
copyrights, trademarks, trade secrets, or other proprietary rights.
Permission is granted to display, copy, distribute, download, and print
portions of this site solely for the purposes of using this site for the
authorized uses described above. You must retain all copyright and other
proprietary notices on all copies of the Contents. You shall comply with
all copyright laws worldwide in your use of this Web site and prevent
unauthorized copying of the Contents. Except as provided in this Notice,
NEIGHBORNETINC does not grant you any express or implied right in or
under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole risk.
Neither NEIGHBORNETINC, its affiliates, nor any of their officers,
directors, employees, agents, third-party content providers, or
licensors (collectively, "Providers"), or the like, warrant
that this site will be uninterrupted or error-free; nor do they make any
warranty as to the results that may be obtained from the use of this
site, or as to the accuracy, completeness, reliability, security, or
currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated
information. Further, NEIGHBORNETINC does not warrant reliability of any
statement or other information displayed or distributed through the
site, including any links advertising. NEIGHBORNETINC reserves the
right, in its sole discretion, to correct any errors or omissions in any
portion of the site. NEIGHBORNETINC may make any other changes to this
site, the Materials and the products, programs, services, or prices (if
any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. NEIGHBORNETINC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEIGHBORNETINC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT NEIGHBORNETINC AND ITS AFFILIATES AND PROVIDERS SHALL NOT
BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR
RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR
INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED
IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT
LIMITATION, A NEGLIGENT ACT, SHALL NEIGHBORNETINC OR ANY OF ITS
PROVIDERS OR ADVERTISERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE
MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS,
SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR
USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN
CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER NEIGHBORNETINC OR
ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NEIGHBORNETINC, its
affiliates, agents, employees, and licensors from and against any and
all claims and expenses, including reasonable attorney fees, arising out
of or related in any way to your use of the site, violation of this
Agreement, violation of any law or regulation, or violation of any
proprietary or privacy right.
PRIVACY POLICY
Click here to access NEIGHBORNETINC's Privacy Policy governing the use
of information that NEIGHBORNETINC obtains from you through your use of
this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site
must be commenced within one (1) year after the claim or cause of action
arises.
TERM AND TERMINATION
Without limiting its other remedies, NEIGHBORNETINC may immediately
discontinue, suspend, terminate, or block your and any user's access to
this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web sites
operated by other entities (collectively the "Linked Sites").
If you use any Linked Sites, you will leave this site. If you decide to
visit any Linked Site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses
or other destructive elements. Linked Sites, regardless of the linking
form (e.g., hotlinks, hypertext links, IMG links) are not maintained,
controlled, or otherwise governed by NEIGHBORNETINC. The content,
accuracy, opinions expressed, and other links provided by Linked Sites
are not investigated, verified, monitored, or endorsed by
NEIGHBORNETINC. NEIGHBORNETINC does not endorse, make any
representations regarding or warrant any information, goods, and/or
services appearing and/or offered on any Linked Site, other than linked
information authored by NEIGHBORNETINC. Links do not imply that
NEIGHBORNETINC or this site sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade
name, logo, or copyright symbol displayed in or accessible through the
links, or that any Linked Site is authorized to use any trademark, trade
name, logo or copyright symbol of NEIGHBORNETINC or any of its
affiliates or subsidiaries. Except for links to information authored by
NEIGHBORNETINC, NEIGHBORNETINC is neither responsible for nor will it be
liable under any theory based upon (i) any Linked Site; (ii) any
information and/or content found on any Linked Site; or (iii) any
site(s) linked to or from any Linked Site. If you decide to visit any
Linked Sites and/or transact any business thereon, you do so at your own
risk. NEIGHBORNETINC reserves the right to discontinue any Linked Site
at any time without prior notice. Please contact the Web masters of any
Linked Sites concerning any information, goods, and/or services
appearing thereon.
THIRD-PARTY SERVICES AND ADVERTSIERS
We may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you
and Merchants. You agree that use of or purchase from such Merchants is
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE. The Site may also contain advertising
and sponsorships. Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for the illegality
or any error, inaccuracy or problem in the advertiser's or sponsor's
materials.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with
the laws of the State of Michigan, U.S.A., without reference to its
conflicts of laws provisions. NEIGHBORNETINC makes no representation
that the materials are appropriate or available for use outside the
United States. If you access this site from outside the United States,
you will be responsible for compliance with all local laws. You agree to
comply with all laws and regulations applicable to your use of this
site. You agree to submit to the personal and exclusive jurisdiction of
the state or federal courts located within Oakland or Macomb County,
Michigan for any disputes with NEIGHBORNETINC arising out of your use of
this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between NEIGHBORNETINC
and you with respect to this Web site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral,
or written, between you and NEIGHBORNETINC with respect to this Web
site. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. If for any
reason a court of competent jurisdiction finds any provision of this
Agreement or portion thereof to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the intent
of this Agreement, and the remainder of this Agreement shall continue in
full force and effect. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by
the revised Agreement. Any such modifications will become effective upon
the date they are first posted to this site. It is your responsibility
to return to this Agreement from time to time to review the most current
terms and conditions. NEIGHBORNETINC does not and will not assume any
obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you
transmit through this Web site, including but not limited to any consent
you give to receive communications from NEIGHBORNETINC solely through
electronic transmission. You agree that when in the future you click on
an "I agree," "I consent," or other similarly worded
"button" or entry field with your mouse, keystroke, or other
computer device, your agreement or consent will be legally binding and
enforceable and the legal equivalent of your handwritten signature.