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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE NEIGHBORHOOD
SITE, THE NEIGHBORHOOD NEWSLETTER, "ASK YOUR NEIGHBOR" (AYN),
OR ANY OTHER ASPECT OF THE CONNECTING NEIGHBORS MAKRETING PROGRAM.
1. Acceptance of Terms
Connecting Neighbors ("CN"), in conjunction with a Sponsor or
Sponsors, provides a collection of online resources, including an interactive
neighborhood website (which includes classified ads, a photo sharing area,
a local real estate information and much more), a neighborhood newsletter,
discussion forums, and various email services, including Ask Your Neighbor,
(collectively referred to hereafter as "the Service") subject
to the following Terms of Use ("Terms"), which may be updated
by CN from time to time. You can review the most current version of the
Terms at: http://www.connectingneighbors.com/terms.html. By using the
Service in any way, you are agreeing to comply with these Terms and any
updates hereto. In addition, when using particular CN services, you agree
to abide by any applicable posted guidelines for all such services, which
may change from time to time. Should you object to any term or condition
of these Terms, any guidelines, or any subsequent modifications thereto
or become dissatisfied with CN in any way, your only recourse is to immediately
discontinue use of the Service.
2. Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are entirely
responsible for all Content that you post, email or otherwise make available
via the Service. While CN does pre-screen resident-submitted Content before
placing it on the site, neither CN nor the Sponsor(s) takes on any obligation
or duty with respect to this Content. Neither CN nor the Sponsor(s) controls
the Content, nor are they responsible for Content made available through
the Service. User acknowledges that by using the Service, you may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the components of the Service and Content
available through the Service may contain links to other websites, which
are completely independent of CN. CN and its Sponsor(s) make no representation
or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Linking to any other websites as part of the
Service is done at your own risk. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, that you may not
rely on said Content, and that under no circumstances will CN or its Sponsor(s)
be liable in any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that CN and
its Sponsor(s) shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via
the Service, for violating the letter or spirit of the Terms, the applicable
guidelines or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify CN's agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at info@connectingneighbors.com
or:
Copyright Agent
Connecting Neighbors
12667 Alcosta Boulevard
San Ramon, CA
94582
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you
claim has been infringed;
2. Identify the material on the Service that you claim is infringing,
with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
CN's Agent will take the appropriate steps once it has received this information.
4. Privacy Policy and Information Disclosure
CN has established a Privacy Policy to explain to users how its information
is collected and used, click here to view our
Privacy Policy. Your use of the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree
that CN may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce these Terms; respond to claims
that any Content violates the rights of third-parties; or protect the
rights, property, or personal safety of CN, its users or the general public.
Connecting Neighbors, or people who post on the neighborhood sites, may
provide links to third party websites, which may have different privacy
practices. We are not responsible for, nor have any control over, the
privacy policies of those third party websites, and encourage all users
to read the privacy policies of each and every website visited.
5. Conduct
By way of example, and not as a limitation, you agree that CN may remove
Content or terminate your account, without notice, if CN believes, in
its sole discretion, that you, have posted, emailed or otherwise made
available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
* that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to,
a CN employee, or falsely states or otherwise misrepresents your affiliation
with a person or entity;
* that includes personal or identifying information about another person
without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, or constitutes "bait
and switch";
* that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement.
* that constitutes or contains any form of advertising or solicitation
if (1) posted in areas of the CN sites which are not designated for such
purposes; or (2) emailed to CN users who have requested not to be contacted
about other services, products or commercial interests.
* that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by law
* that contains 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;
* that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service -- an exception is
made for internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org) that comply with our robots.txt file; or
* attempt to gain unauthorized access to CN's computer systems or engage
in any activity that disrupts, diminishes the quality of, interferes with
the performance of, or impairs the functionality of, the Service or the
CN website.
6. Use of Service by Minors
CN and its Sponsors are concerned about the safety and privacy of all
of its users, particularly children. To that end, parents of children
under the age of 13 who wish to allow their children to access the Service
must authorize that access. When you provide access to the Service to
your child, you certify that you are at least 13 years old and that you
are the legal guardian of the child/children and that you give your child
permission to access all of the Service. Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services and/or
Content are appropriate for you child.
7. No Spam Policy
You understand and agree that sending unsolicited email advertisements
to CN email addresses or through CN computer systems is expressly prohibited
by these Terms. Any unauthorized use of CN computer systems is a violation
of these Terms and certain federal and state laws, including without limitation
the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such
violations may subject the sender and his or her agents to civil and criminal
penalties.
8. Limitations on Service
You acknowledge that CN may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages,
or other Content that may be transmitted or stored by the Service, and
the frequency with which you may access the Service. You agree that CN
has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You acknowledge
that CN reserves the right at any time to modify or discontinue the Service
(or any part thereof) with or without notice, and that CN shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
9. Termination of Service
You agree that CN, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or
IP address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if CN believes that you have acted inconsistently with the
letter or spirit of the Terms. Further, you agree that CN shall not be
liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service after
said termination. Sections 2, 4, 6 and 9-13 shall survive termination
of these Terms.
10. Interaction with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Service, including requests for real estate or financial advice from
a Sponsor, payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You
agree that CN shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third
party, you understand and agree that CN is under no obligation to become
involved. In the event that you have a dispute with one or more other
users, you hereby release CN, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such
disputes and / or our service. If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor."
11. Proprietary rights
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the Service
is protected by copyright as a collective work and/or compilation, pursuant
to copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction
or redistribution is prohibited. You further agree not to reproduce, duplicate
or copy Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code contained
in the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. Connecting Neighbors is a registered mark in
the U.S. Patent and Trademark Office.
Although CN does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to CN
an irrevocable, perpetual, non-exclusive, fully paid, unrestricted, worldwide
license to use, copy, perform, display, and distribute said Content and
to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers)
of the foregoing. The foregoing grants shall include the right to exploit
any proprietary rights in such Communication, including but not limited
to rights under copyright, trademark, service mark, or patent laws under
any relevant jurisdiction.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CN AND THE
SPONSOR EXPRESSLY DISCLAIM 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 NONINFRINGEMENT.
CN AND THE SPONSOR MAKES NO WARRANTY THAT
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE
OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
CN AND THE SPONSOR MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OR
THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED
AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE SPONSOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
13. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
CN, its customer or its affiliates be liable to you for any damages of
any kind (including, but not limited to, compensatory damages, lost profits,
lost data or any form of special, incidental, indirect, consequential
or punitive damages whether based on breach of contract or warranty, tort,
product liability or otherwise) that result from the use of, or the inability
to use, this Service or the Content. You specifically acknowledge and
agree that CN is not liable for any defamatory, offensive or illegal conduct
of any user. If you are dissatisfied with the CN Service, or with any
of CN's terms and conditions, your sole and exclusive remedy is to discontinue
using the Service.
14. Indemnification
You agree to indemnify, defend and hold harmless CN and the Sponsor from
any loss, liability, claim, demand, damage, or expenses (including reasonable
attorney's fees) asserted by any third party due to or arising from or
in connection with: (a) the Content you upload, submit, post, or transmit
through the Service; (b) your use of the Service; (c) your connection
to the Service; (d) your violation of the Terms of Service, or (e) your
violation of the rights of another. CN and the Sponsor reserve the right,
at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, which shall not excuse
your indemnity obligations.
15. Changed Terms
CN reserves the right at its discretion to change or modify these Terms
and Conditions or to impose new conditions at any time. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by any lawful means including, without
limitation, posting of such changes on this page.
16. Sponsor Trademarks
Among other things, the Sponsor's logo and name are trademarks of the
Sponsor. You agree that you will not, without prior written permission,
display or use in any manner these trademarks.
17. Miscellaneous
The Terms of Service constitute the entire agreement between you and the
Sponsor and govern your use of the Service, superceding any prior agreements
between you and the Sponsor. This agreement shall be governed by and construed
in accordance with the laws of the State of Michigan without giving effect
to any principles of conflicts of law. If any provision of this agreement
shall be 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.
The failure of the Sponsor to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service is found by a court
of competent jurisdiction to be invalid, then such provision(s) shall
be construed, as nearly as possible, to reflect the parties' intentions,
and the other provisions of the Terms of Service shall remain in full
force and effect. 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 Service or to the Terms of Service must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Service are for convenience only and have
no legal or contractual effect or significance.
18. Violations of Terms of Use
Please report any violations of the Terms of Service to CN at the following
address: info@connectingneighbors.com.
19. Feedback
Please provide any feedback regarding this Terms of Use to CN at info@connectingneighbors.com.
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