ACCESSING OR USING NEIGHBORHOOD.ONLINE OR THE SPECIFIC SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING OR USING NEIGHBORHOOD.ONLINE.
This document can be generally summarized as follows:
[Capitalized terms used herein are defined below] By accessing, using or opening an account on Neighborhood.online, the subscriber represents and warrants that the subscriber is a property owner or otherwise authorized agreeing directly and for the HOA to be bound by the terms and conditions set forth herein and in any changes thereto that Neighborhood.online may publish from time to time, including in any Legal Notice to you applicable to the Site and/or Services (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, you should request that your account be terminated.
PortlandLabs, Inc. may change the Terms of Use and other guidelines and rules for Neighborhood.online posted on this website from time to time at its sole discretion. Your continued access or use of this website, the Site, and/or any Materials or Services, constitutes your acceptance of the changes. Your access and use of this website, the Site, the Materials and Services will be subject to the most current version of the Terms of Use, and any rules or guidelines posted on this website at the time of such use.
You are encouraged to regularly check the "Terms of Use" link on the home page of this website to view the then current terms. If you breach any of the Terms of Use, in addition to any injunctive relief or other available legal remedies, Neighborhood.online, in its sole discretion may immediately terminate your access to the Services and the Materials.
"PortlandLabs" means PortlandLabs, Inc., its subsidiaries, affiliates and divisions including Neighborhood.online whose principal office is located at P.O. Box 14125, Portland OR, 97293, USA. PortlandLabs manages the web content management system powering HOA sites hosted at Neighborhood.online. Home Owners Associations create sites for their own communities (“HOA sites”) that are a mix of materials provided by PortlandLabs and uploaded by themselves. There is a marketing website (the "Marketing Site") where you can sign up for a Hosted HOA site. The Materials and Services, available for your access and use subject to these Terms of Use.
Customer means the individual or entity setting up a HOA site using the Neighborhood.online services.
“Materials” means all information, data, documents (e.g. white papers, datasheets, FAQs, templates, press releases, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs, applications and products made available or enabled via this Site and /or by Neighborhood.online, whether or not hosted by PortlandLabs.
Services means the proprietary software application ("Software") and all other services and resources offered or enabled via this Site or any users of the Site, including download areas, collaboration or other tools, product and other information services and communication services such as bulletin boards, social networks, chat areas, calendars, communities, e-mail, forums (including lab and user forums), newsgroups, personal web pages, photo albums and other message or communication facilities designed to enable or facilitate your communication and collaboration with others.
Content: means all information (such as data files, written text, computer software, music, audio files, photographs, templates, videos, or other images) which you may post or have access to as part of or through your use of the Services (including Neighborhood.online Materials and User Materials) is referred to as "Content". Content is the sole responsibility of the person from which such content originated. Certain of the Services, including Neighborhood.online Services, may involve collaboration and/or file sharing among users and/or a specified group of users. Materials posted by users in conjunction with such collaboration and file sharing Services are referred to collectively as "Shared Content".
Neighborhood.online endeavors to innovate constantly to provide the best possible experience for users. You acknowledge and agree that the form and nature of the Neighborhood.online Services and Neighborhood.online Material which Neighborhood.online provides on this website and/or on the HOA Site and any Services or Materials which are enabled by this website and/or the HOA Site may change from time to time without prior notice to you. You acknowledge that Neighborhood.online may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the HOA Site, generally at Neighborhood.online's sole discretion, without prior notice to you. Neighborhood.online, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as Neighborhood.online deems necessary to comply with applicable law, regulation, legal process or governmental request.
You shall pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use Neighborhood.online, the HOA Site, Services or Materials.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you may provide will be accurate, correct and up-to-date.
The software used on the HOA Site may automatically download and install updates from time to time from Neighborhood.online. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Neighborhood.online to deliver these to you) as part of your use of the Services.
You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by Neighborhood.online to you, unless you have been specifically granted permission to do so in a separate agreement with Neighborhood.online. You specifically agree not to access (or attempt to access) any of the Services, Materials, or another user's account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to or accessible through the Services or the Site). Unless you have been specifically permitted to do so under a separate agreement with Neighborhood.online, you agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services for any purpose. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use include:
You agree that you are solely responsible for (and that Neighborhood.online has no responsibility to you or to any third party) for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Neighborhood.online may suffer) for any such breach.
Customers are responsible for managing their user accounts. This includes adding and removing accounts and for ensuring each account is given correct permissions.
Individual users are responsible for choosing the usernames and passwords to register for their user accounts. You understand and agree that each user is responsible for the password strength, uniqueness, and confidentiality of passwords associated with their accounts used to access the Services and further agree that the HOA will be responsible for all activities that occur under accounts created for the Site. If any user becomes aware of any unauthorized use of their password or of their account, that user agrees to notify their HOA as well as Neighborhood.online immediately by emailing support@portlandlabs.com.
Should an HOA lose access to the Site, please contact Neighborhood.online immediately by emailing support@portlandlabs.com.
For information about Neighborhood.online's data protection practices, please read the Neighborhood.online privacy policy available at https://neighborhood.online/privacy-policy. By creating a Site using Neighborhood.online, you are agreeing that your HOA agrees to Neighborhood.online's privacy policies.
You are notified that any Content presented to you or made available to you as part of the Services may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Site and/or to Neighborhood.online. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (unless you have been specifically informed that you can do so by Neighborhood.online.)
You agree that you are solely responsible for (and that Neighborhood.online has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Site and for the consequences of your actions (including any loss or damage which Neighborhood.online may suffer) by doing so.
Neighborhood.online reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Site.
You also agree that by using the Services and the Site you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that you use the Services and the Site at your own risk.
All services provided by Neighborhood.online are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Neighborhood.online from any claims resulting from the subscriber's use of Neighborhood.online's services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Site. This includes implying sexual content or linking to adult content elsewhere. Also prohibited is promoting any illegal activity or content that may be damaging to Neighborhood.online servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
Neighborhood.online will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
Neighborhood.online HOA websites have costs associated with them (servers, support personnel, certificates, security scans and tests, alerting tools etc). We cover these costs for free HOA sites with advertising. Advertising is put in place by an advertising service provider.. Neighborhood.online will make every effort to ensure that advertisements are relevant to an HOA but does not control and hence is not responsible for the relevance or security of the advertisements that are put into place by the advertising service provider. That advertising service provider is responsible for ensuring that the advertisements are appropriate and legal. Any advertising that is displayed does not imply any endorsement by Neighborhood.online.
The Services, the Materials and the Site may include non-advertising related links to other sites outside of the Site ("Linked Sites"). Any Linked Sites are provided to you as a convenience and any inclusion of these links do not imply any endorsement by Neighborhood.online. Neighborhood.online has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that Neighborhood.online is not responsible for any form of transmission received from any Linked Site.
As to the Site as created and functioning, apart from the Content you provide, addressed below, you acknowledge and agree that Neighborhood.online (or Neighborhood.online's licensors) own all legal right, title and interest in and to this HOA Site, the Services (the HOA Website) and Neighborhood.online Materials, including any intellectual property rights which subsist in any (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Site, the Services and Neighborhood.online Materials may contain information which is designated confidential and/or proprietary by Neighborhood.online and that you shall not disclose or use such information without Neighborhood.online's prior written consent. Unless Neighborhood.online has agreed otherwise in writing with you, nothing in these Terms of Use gives you a right to use Neighborhood.online's trade names, trade marks, service marks, logos, domain names (including but not limited to Neighborhood.online or any extension thereof) and other distinctive brand features.
Other than the limited license set forth in Section 12 below, Neighborhood.online acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of use in or to any Content that you submit, post, display or transmit on, or through the Services, the Site or the Materials, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise with Neighborhood.online, you agree that you are responsible for protecting and enforcing those rights and that Neighborhood.online has no obligation to do so on your behalf. You agree that you shall not remove, alter or obscure any proprietary rights notices (including any copyright and trademark notices) which may be affixed to the HOA Site, the Services or any Materials. Unless you have been expressly authorized to do so in writing by Neighborhood.online, you agree that in using the Services, the Site and Materials, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
It is Neighborhood.online's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Neighborhood.online's policy can be found at Notification of Copyright Infringement. Neighborhood.online operates a trademark complaints procedure. Details of this procedure can be found at Trademark Complaint Procedures.
DMCA violations may be reported to us https://neighborhood.online/about/legal/dmca-takedown
Neighborhood.online grants you a personal, worldwide, non-assignable, royalty free and non-exclusive license to use the HOA Site, any Software (as defined above) provided to you by Neighborhood.online as part of the Services and any Neighborhood.online Materials provided to you as part of the Services as provided to you by Neighborhood.online only within the HOA Site, This license is solely for the purpose of enabling you to use and enjoy the benefit of the HOA Site, the Services and the Materials, in the manner permitted by these Terms of Use. You may not (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by Neighborhood.online. Unless Neighborhood.online has given you written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, the HOA Site or the Materials, grant a security interest in or over your rights to use the Software, the HOA Site or the Materials, or otherwise transfer any of your rights to use the Software, the HOA Site or the Materials.
You retain a copyright and any other rights you already hold in Content which you submit, display or post on or through the Services. By submitting, displaying or posting the Content you give Neighborhood.online a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, display or post on or through the Services. This license is for the sole purpose of enabling Neighborhood.online to display, distribute and promote the Services and the Site. You agree that this license includes a right for Neighborhood.online to make such Content available to its vendors, license partners, suppliers and successors in interest for the provision of syndicated services and to improve the performance, quality and experience of the Services and the Site, and to use such Content in connection therewith. You understand that Neighborhood.online, in performing any required technical steps to provide the Services and HOA Site access to our users, may (a) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services and media; and (b) transmit or distribute your Content over various public networks and in various media. You acknowledge and agree this license from you shall permit Neighborhood.online to take such actions.
All of your Content and User Materials that you post on or otherwise transmit or submit via the Services and the Site shall not be confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of your Content or User Materials. By posting, transmitting or submitting your Content or User Materials, you represent and warrant that you own or otherwise control all intellectual property rights and other rights to such Content or User Materials, including all rights necessary for you to post, transmit or submit such Content or User Materials.
You are solely and entirely responsible for all of your Content and User Materials that you post, transmit or submit via the Services and the Site. You shall assume all risks associated with the use of your Content and User Materials including any reliance on the accuracy, completeness or usefulness of your Content and User Materials. Neighborhood.online does not guarantee the accuracy, the integrity or the quality of your Content or User Materials.
For all of your Content and User Materials that you post, transmit or submit via the Services and the Site, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Neighborhood.online and the users of the Services and the HOA Site an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Content and User Materials, with or without having your name attached to such Content and User Materials, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that Neighborhood.online is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
Unsolicited ideas, of any kind whatsoever, that are sent to Neighborhood.online for consideration shall not be considered or accepted by Neighborhood.online, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works created in connection therewith).
Use of Shared Content is limited to the terms and conditions stated by and manner of use permitted to such Shared Content by the user providing such Shared Content. It is your sole responsibility to communicate with other users of any Shared Content and determine what limitations, if any, are placed on the use of the Shared Content distributed among users. Unless you have received permission to access and use Shared Content from the user providing such Shared Content you have no right to use such Shared Content in any way. You also acknowledge and agree that Neighborhood.online has no liability of any kind should users modify, copy, corrupt, destroy, display, transfer or distribute your Shared Content, or violate these Terms of Use or any other limitations that you may impose on the access to or use of your Shared Content.
Neighborhood.online shall not be held responsible for domain transfers and we do not provide domain registration services. The account holder is responsible for completing any necessary domain name transfers and for maintaining the domain.
PortlandLabs, Inc. (owners of Neighborhood.online) provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Neighborhood.online will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Neighborhood.online makes no guarantees on uptime availability under this agreement.
Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Neighborhood.online's control or which are not reasonably foreseeable by Neighborhood.online, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.
Neighborhood.online will try to provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers.
Neighborhood.online has no responsibility for downtime resulting from a user's actions
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
While Neighborhood.online does not currently have set any upper limit on the number of transmissions or files that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such an upper limit may be set by Neighborhood.online at any time, at Neighborhood.online's discretion.
Background Processes. Unauthorized background processes shall result in immediate termination of the account.
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
All prices, with the exception of any specific money back guarantees, are nonrefundable and nonnegotiable.
Notice of cancellation must be given before the month in question begins. Any violation of Neighborhood.online Terms of Service Agreement shall result in no refund.
Neighborhood.online maintains the right to cancel any account at its discretion without prior notification.
You acknowledge and agree that, if Neighborhood.online disables access to your account, you may be prevented from accessing the HOA Site, the Services, your account details or any files or other content which is contained in your account.
If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Valid proof of account ownership will be required to voluntarily cancel an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
All services such as backup are provided for the courtesy of the subscriber. Our current backup retention policy can be requested via our contact form. Neighborhood.online, Inc. is not responsible for lost data due to third party software that is not maintained by Neighborhood.online
It is the sole responsibility of the subscriber to maintain a copy or backup of any subscriber data.
Requests to create or retain a specific backup, or provide a copy of a backup for legal reasons may incur an additional fee. The individual making the request must provide proof that the request is legal and that the individual making the request has the legal authorization to make the request.
We can delete any PII at an HOA’s request. The HOA must provide proof that the PII deletion request is legal and that the individual requesting the PII deletion has the legal authorization to make the request. The individual with authorization may be required to provide proof of identity. There may be a fee for this service, where allowed for the actual time in expense required.
We can provide log data for HOA Site actions. The HOA must provide proof that the log request is legal and that the individual requesting the logs has the legal authorization to make the request on behalf of the HOA. There may be a fee for this service.
You agree to indemnify and hold Neighbohood.online, PortlandLabs, its employees, officers, directors, partners, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post, display or transmit through the Site and/or the Services (including a third party's use of such User Materials or content [e.g. reliance on the accuracy, completeness or usefulness of such User Materials or content]); (b) your access to or use of the Site, Services or Materials (including any use by your HOA members, employees, contractors or agents and all uses of your account numbers, usernames and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) actions of any user that you provide access to or permission to use your Shared Content; (f) your infringement of any third party's intellectual property rights when using any of the Software made available on the Site, the Services or the Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services of Materials. In the event of your or others' access to the Site, Services or Materials in connection with the transmission of spam or other unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that we would be irreparably harmed thereunder and that monetary damages would be an insufficient remedy; therefore you agree that, in addition to any other remedies available at law or in equity, we are entitled to obtain immediate injunctive relief against any such transmission. We may without restriction block, filter or delete unsolicited email.
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY Neighborhood.online UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Neighborhood.online MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THE SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. Neighborhood.online MAKES CHANGES TO THE SITE, SERVICES AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY SOFTWARE, SERVICES OR MATERIALS LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, SERVICES AND MATERIALS MAY BE OUT OF DATE, AND Neighborhood.online MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES AND MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT Neighborhood.online DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) Neighborhood.online MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Neighborhood.online SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIONS. Neighborhood.online ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Neighborhood.online OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. Neighborhood.online WILL NOT BE LIABLE FOR LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
IN NO EVENT SHALL PortlandLabs, INC (Neighborhood.online), ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF Neighborhood.online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION THEREWITH (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.
This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. If any provisions of this Agreement are found or deemed by a court of law of competent jurisdiction to be invalid or unenforceable, they shall be considered severable from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable.
Recovery of damages from Neighborhood.online may not exceed the amount of fees it has collected on the account.
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration. If we can’t resolve your issue, we may be able to refer the dispute to JAMS for dispute resolution. If we can’t resolve your issue to your satisfaction, please visit https://www.jamsadr.com.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall at PortlandLabs' sole election be conducted in either Multnomah or Washington County, Oregon and judgment on the arbitration award may be entered into any court having competent jurisdiction thereof. Notwithstanding anything in this paragraph to the contrary, PortlandLabs may at any time seek an injunction or other equitable remedy from any court of competent jurisdiction.
In the event suit or action is instituted by either party against the other, the prevailing party shall be entitled to recover from the losing party the prevailing party is costs and reasonable attorney fees, including all such costs and fees in any appellate proceeding relating thereto, which amounts shall be determined by the court before which the matter is tried, heard or decided.
By accessing and/or using this website, the Site, the Services and the Materials you agree that all matters relating to your access to, or use of, this website, the Site, the Services and Materials shall be governed by the statutes and laws of the State of Oregon, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Multnomah and Washington Counties, State of Oregon and the United States District Court for the State of Oregon with respect to such matters.
This Terms of Service is a legally binding contract between the subscriber and Neighborhood.online for subscribers access and use of the Site.
The Terms of Use and other Legal Notices, rules, guidelines, licenses and disclaimers posted via this website or in connection with the Site, Services and Materials constitute the entire agreement between Neighborhood.online and you with respect to your access and use of the Site, Services and Materials and supersede any prior agreements or understandings between Neighborhood.online and you on such subject matters.
You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Neighborhood.online's prior written consent. If for any reason a court of competent jurisdiction or arbitrator finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Neighborhood.online to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver or that provision or right. The paragraph titles used in these Terms of Use are solely for convenience and carry no legal or contractual effect.
Any violation of the Terms of Service will result in termination of the account.
The Terms of Service is may be amended , restated or changed by PortlandLabs without prior notice.
Copyright © 2023, PortlandLabs, Inc. All rights reserved.