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Terms of Use

Terms of Use
Neighbor Brigade, Inc. (“Neighbor Brigade” or “us”), is the operator and host of this website “neighborbrigade.com” (the “Site”). These terms and conditions govern any use of the Site by a user (a “User” or “you”) and the information and services made available on and through the Site (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms of Use by this reference. To access the Privacy Policy click here.

By using this Site, you are confirming that you have read and understand, accept, and agree to be bound by these Terms of Use and the Privacy Policy, as updated from time to time. If at any time you do not agree to these Terms of Use or the Privacy Policy, you must not use this Site. If after reviewing the Terms of Use and Privacy Policy you have any questions or concerns regarding the contents thereof, please contact us by sending an email to .(JavaScript must be enabled to view this email address).

Updates to Terms of Use, Access, or Services
The Terms of Use and Privacy Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Terms of Use from time to time.  Each version of the Terms of Use will be identified by its effective date. Any changes to the Terms of Use will be effective immediately upon posting to the Site.

The use of this Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion.
We reserve the right to modify, suspend, discontinue, or restrict the Site, including the availability of any portion of the Content at any time, with or without notice to you. Neighbor Brigade will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or any service.

For the purposes of these Terms of Use, “Content” means all features, information and materials included on the Site, including, but not limited to, text, software, scripts, code, graphics, photographs, sounds, music, videos, and interactive features.

Permitted Users
By accessing and using this Site, you represent and warrant that you are age fourteen (14) or older, as this Site is not intended to be and may not be accessed or used by individuals aged thirteen (13) or younger. IF YOU ARE THE AGE OF THIRTEEN (13) OR YOUNGER, DO NOT VIEW OR USE THIS SITE. Furthermore, by accessing and using this Site, you represent and warrant that you are or exceed the age of majority in your state of legal residence or have obtained consent from your parent or legal guardian to view or use this Site.

Acceptable Use of the Site
The Site and its services are intended to facilitate the provision of non-medical services for individuals in crisis through volunteer networks organized by chapters of Neighbor Brigade. The Site and its Content may be used in a manner consistent with this purpose in accordance with these Terms of Use. In addition, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site or its Content for any purpose or in any manner that is prohibited by these Terms of Use or applicable law.
Your use of the Site is also subject to the following terms and conditions:

  • You may not distribute, modify, publish, display, reverse engineer, or create derivative works of any Content in any manner not expressly permitted by these Terms of Use and you must not remove or modify any copyright or trademark notice or other notice of ownership.
  • You may not damage or interfere with the Content, security controls, or proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of malware or other technology or techniques designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.
  • You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations, and similar email solicitations are expressly prohibited.
  • You may not delete, edit, or revise any material posted by any other person or entity. You may not copy, duplicate, download, or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use.
  • You may not use access to the Site or any Content or functionality made available through the Site to commit any acts in violation of applicable law, breach of contractual commitments, breach or violation of legal duties (including tort duties), or misappropriate, trespass, damage, or infringe the tangible or intangible property of any third party.

International Use
The Site and our services are designed for and intended for users in the United States. Neighbor Brigade makes no representation that the Content is appropriate or available for use in locations outside of the United States. Accessing the Site is prohibited from territories where such Content is illegal. If you access the Site from any location outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitations on Information Submitted
Your use of this Site may include the uploading, submission, or transmission of content, including, without limitation, photographs (which may reflect your or another’s image, appearance, or likeness), images, graphics, text, or User information (which may include your name, title, address, telephone number, email address, or other relevant information) that may be present in your registration information (collectively, “User Content”). Any submission User Content is subject to the following guidelines and restrictions:

  • The User Content must be original and may not contain any content owned, licensed, or controlled by a third party.
  • The User Content may not contain or reference or image of any personally identifiable information of another individual, unless each person mentioned in such information has provided consent to the public posting of his or her information and the use of such information as set forth in these Terms of Use and the Privacy Policy.
  • The User Content may not impersonate another person, whether living or dead, or misstate the identity of any person.
  • The User Content may not contain material that infringes, misappropriates, or violates any intellectual property, proprietary, contractual, or other right of any third party.
  • The User Content may not contain material that is sexually explicit, obscene, libelous, defamatory, derogatory, threatening, harassing, abusive, or hateful.
  • The User Content may not contain information that is known by you to be untrue, false or misleading, or that does not fairly or accurately depict or describe the subject matter of the information submitted by you.

Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable law, if Neighbor Brigade is notified or determines, in its sole discretion, that you are an infringer of a third party’s intellectual property rights, Neighbor Brigade will terminate your access to this Site. If you are a copyright owner and you believe that any User Content or any other Content present on this Site infringes upon a copyright you own, you or your agent may send Neighbor Brigade written notice pursuant to the DMCA requesting that Neighbor Brigade remove the material or restrict access to it. If you are a user that believes that your User Content that was removed, or to which access was disabled, is not infringing, or that you are permitted pursuant to applicable law or have the permission of the copyright owner or his, her, or its agent to exploit your User Content, you may send Neighbor Brigade a counter-notice.

Please visit http://copyright.gov for further information if you wish to send a notice or counter-notice to Neighbor Brigade. All notices, counter-notices, and complaints should be sent to Neighbor Brigade at the following address: .(JavaScript must be enabled to view this email address).

Rights to Information
You hereby grant Neighbor Brigade, and its chapters, affiliates, and service providers an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable right and license to retrieve, monitor, encode, digitize, depict, distribute, transmit, reproduce, modify, adapt, manipulate, prepare derivative works of, display, publish, make available, promote, market, advertise, use and otherwise exploit information about your use of the Site and any User Content, subject to our Privacy Policy. 

Intellectual Property Rights
The Site and all Content on the Site are the sole property of Neighbor Brigade or its licensors, as indicated, and are protected by U.S. copyright and international treaties. Neighbor Brigade authorizes you to view and download, print, and store a single copy of the Content on the Site solely for your personal, noncommercial use in connection with the activities of Neighbor Brigade or a chapter of Neighbor Brigade. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for any public or commercial purpose. If, as a User, you modify the Content in violation of these Terms of Use you will, and hereby do, assign to Neighbor Brigade all of your rights, title, and interest in and to such modifications and all intellectual property rights therein.

Certain trademarks, trade names, service marks, and logos used or displayed on this Site, including, but not limited to, the service marks NEIGHBOR BRIGADE and HELP IS NEXT DOOR and the Neighbor Brigade logo, are owned by Neighbor Brigade. Furthermore, visiting or using this Site may also expose you to trademarks, trade names, service marks, and logos owned or licensed by third parties. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Site without the written permission of Neighbor Brigade or such third-party owner or licensor.

Accuracy or Completeness of Content
Content on the Site may contain inaccuracies or typographical errors. Neighbor Brigade make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information submitted or provided by Users, chapters, or other third parties, or of any other form of communication engaged in or information exchanged by Users, chapters, or other third parties. You acknowledge that any reliance on information submitted or provided by Users, chapters, or other third parties and on any other form of communication with Users, chapters, or other third parties will be at your own risk.

While certain of the Content may include web tools, Neighbor Brigade is under no obligation to provide any bug or error fixes or enhanced functionality, nor is Neighbor Brigade under any obligation to provide any maintenance or support services to you.

Third Party Websites
This Site contains links to websites that are not operated by Neighbor Brigade.  We also use outside websites and services providers to help us communicate with people, organize events, and collect donations. 

The Terms of Use and Privacy Policy apply only to this Site and do not apply to websites that are linked to the Site and not operated by Neighbor Brigade, including, but not limited to, the websites powered by Lotsa Helping Hands, Inc.  Links to third-party web sites are provided solely as a convenience to you. All content accessed via links to outside websites belongs to the respective owners of those websites and content and services available via such websites are governed by the terms and conditions or privacy policies of those websites. 

DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE SITE, CONTENT, SERVICES PROVIDED, AND SERVERS THAT MAKE THEM AVAILABLE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND NEIGHBOR BRIGADE EXPRESSLY DISCLAIMS (I) ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING USER CONTENT, PROVIDED BY OR LINKED TO THE SITE AND (II) ANY AND ALL LIABILITY FOR ERRORS OR TECHNICAL FAILURES, INCLUDING HARDWARE OR SOFTWARE FAILURES, UNAUTHORIZED ACCESS, AND STORAGE AND TRANSMISSION OF INFORMATION, INCLUDING PERSONAL INFORMATION, BY THIRD PARTIES. 

NEIGHBOR BRIGADE DOES NOT CONTROL ANY USER CONTENT AND DOES NOT HAVE ANY OBLIGATION TO MONITOR ANY USER CONTENT FOR ANY PURPOSE. YOU SPECIFICALLY STIPULATE AND AGREE THAT NEIGHBOR BRIGADE SHALL NOT BE LIABLE FOR ANY USER CONTENT.

NEIGHBOR BRIGADE DOES NOT SPONSOR, ENDORSE, GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY WEB SITES OR ANY THIRD-PARTY CONTENT, AND NEIGHBOR BRIGADE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. NEIGHBOR BRIGADE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR (I) ANY USER’S USE OF A THIRD-PARTY WEBSITE OR SERVICE OR (II) THIRD-PARTY USE OF ANY USER CONTENT MADE AVAILABLE ON THIS SITE BY A USER, AND SUCH USER WILL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY CLAIMS RELATED TO SUCH USES FROM SUCH THIRD PARTY.

LIMITATION OF LIABILITY
IN NO EVENT WILL NEIGHBOR BRIGADE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY THIRD-PARTY WEB SITES, OR ANY CONTENT PRESENT ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR IF THE FOREGOING LIMITATIONS ARE OTHERWISE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF NEIGHBOR BRIGADE FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO U.S. $100.00.

IN NO EVENT DOES NEIGHBOR BRIGADE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIVITIES OR CONDUCT OF USERS OR ANY OTHER THIRD PARTY OR ANY INFORMATION OR CONTENT SUBMITTED BY THIRD PARTIES.  NEIGHBOR BRIGADE FURTHER EXPRESSLY DISCLAIMS LIABILITY FOR UNAUTHORIZED ACCESS OR ACQUISITION OF ANY INFORMATION THAT YOU SUBMIT TO THE SITE AND FOR ANY MISUSE OR MISAPPROPRIATION OF SUCH DATA BY THIRD PARTIES.

Indemnification
You agree to indemnify, defend, and hold Neighbor Brigade and its employees, directors, and affiliates harmless from and against any and all liabilities, damages, claims, causes of action, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) arising out of or related to (i) your breach of these Terms of Use, (ii) any Content you submit, contribute, or otherwise transmit through the Site, or (iii) your (or anyone using your account’s) violation of the rights of any other person or entity, including, but not limited to, any right of publicity or privacy or any intellectual property right.

Miscellaneous
The Terms of Use and Privacy Policy are governed by the laws of the Commonwealth of Massachusetts in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of the Terms of Use or Privacy Policy lie exclusively with the state and federal courts within the Commonwealth of Massachusetts. If any provision of the Terms of Use or Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect. Our failure to enforce any term or condition of the Terms of Use will not be deemed a waiver thereof and will not prevent its later enforcement.

 

Terms of Use Effective Date: Mar 19, 2012