- Strategic partners, who may provide one or more services in connection with the Service, may use your Registration Data in order to provide such services. Some of these services may require additional registration. When this occurs, Bright Neighbor will transfer your Registration Data to the relevant service provider. You will have the ability to accept or decline the transfer of that information.
- Profile information such as your age, gender, site activity, etc. (collectively, "Profile Information") may be used to generate aggregate reports and market research or for any lawful purpose desired by Bright Neighbor.
- Registration Data and Profile Information may be retained by Bright Neighbor for the purposes of better maintaining the Service, understanding Users' behavior, and modifying the Service so we can better serve you and our other customers.
- The e-mail communications you transmit through the Service are only accessible by designated recipients, except that Bright Neighbor personnel involved in systems management and maintenance may have access to your e-mail communications.
- You can modify your Registration Data and Profile Information by logging into your account and clicking on “Edit Account Information”.
- You may have your Registration Data removed from the system by contacting email@example.com with the term "PRIVACY" in the subject line. Please do not include any social security numbers, driver's license numbers, medical information, or any other sensitive information in your communications with Bright Neighbor.
- Bright Neighbor may transfer your Registration Data to any purchaser of Bright Neighbor's entire business, any company that merges with Bright Neighbor, and any company that Bright Neighbor purchases.
The information we learn from Users assists us in optimizing our Service and increasing the value of our business. We collect the following types of information and or use the following information collection devices:
- Information from Cookies. Like many commercial sites, we use "Cookies." Cookies are alphanumeric scripts of textual software code that BrightNeighbor.com transfers to your computer’s hard drive through your Web browser to familiarize our systems with yours and to increase usability and decrease logging on time and other features. This information may be automatically collected. You can configure your browser not to accept cookies.
- Emails. We communicate with you primarily through email. We retain email messages in the normal course of our business to receive comments and send responses. We may collect emails to conduct research or to assist in troubleshooting. We will only send email solicitation if you have contact with us and request that we send emails. We will ask for your consent before we send any third party solicitations.
- Public Information. We may receive information from publicly available sources that concern your use of the Internet or pursuant to an agreement with a third party.
Bright Neighbor Terms of Service
These Bright Neighbor Terms of Service (the "Agreement") govern the relationship between Bright Neighbor, LLC ("Bright Neighbor" or "we") and any person or persons who access or use the Service as defined below ("you"). Throughout the Agreement, different terms apply to different parties who are identified as follows: "Customers" are those who have established one or more communities pursuant to an Online Services Agreement with Bright Neighbor; "Members" are those who are part of a community and who register to use or interact with other Users (as defined below) or with Bright Neighbor. "Visitors" are those who come upon the Service, and who may view or otherwise interact with the Service, but who are not part of a community; and a "User" may be a Customer, a Member or a Visitor. This Agreement is a legally binding contract between you and Bright Neighbor.
August 4, 2008
1. ACCEPTANCE OF TERMS
Thank you for using the Beta version of Bright Neighbor’s platform for helping communities to increase social organization, sustainability and livability. Bright Neighbor provides this service to you subject to your acceptance of this Agreement, all other operating rules, policies, and procedures that may be published from time to time on www.brightneighbor.com or any other websites launched by Bright Neighbor (collectively, the "Bright Neighbor Site"), and if you are a Customer, all terms set forth in your Online Services Agreement with Bright Neighbor. Such terms will collectively be referred to as the "Terms" throughout this Agreement.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS THE BRIGHT NEIGHBOR SITE OR USE THE SERVICE (AS DEFINED BELOW). BY ACCESSING OR USING ALL OR ANY PART OF THE SERVICE YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice through the Service, or by sending you a notice via email or postal mail. Your continued access or use of all or any part of the Service constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, whichever occurs first.
2. THE BRIGHT NEIGHBOR SERVICE
The services offered by Bright Neighbor include (a) the Bright Neighbor Site and its content, which may include but is not necessarily limited to data, text, code, images, audio and video (collectively "Content"), (b) functionality that is offered from time to time by Bright Neighbor in connection with the Bright Neighbor Site, (c) with respect to Members of a Customer Community, Content and functionality offered by Bright Neighbor through your community website, and (d) with respect to Customers, the services identified as "Services" in your Online Services Agreement (collectively, the “Service”), but not the services of third parties (including without limitation other Users) who may advertise through the Service, house data for Users, or provide other services. Unless explicitly stated otherwise, any new features that enhance the current Service are subject to these Terms. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access Internet-based content, and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including without limitation a computer and modem or other access device.
You may access and use the Service solely to test the compatibility of the Service with one or more other products which may operate in conjunction with the Service, to evaluate the Service for the purpose of providing feedback thereon to Bright Neighbor and for your own personal and legitimate business purposes to facilitate communications, commerce and efficiency in your community. Commercial advertisements, affiliate links and other forms of solicitation may be removed from your account or any other User account without notice and may result in the termination of User privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Service. You may not copy or distribute the Service or any portion of the Service in any manner inconsistent with these Terms. Bright Neighbor does not control the Content posted by Users, and does not guarantee the accuracy, integrity or quality of any Content.
YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL BRIGHT NEIGHBOR BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT THROUGH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.
Bright Neighbor reserves all rights with respect to the Service not expressly specified herein or, if you are a Customer, those expressly specified in your Online Services Agreement.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. Notwithstanding the supervision of your parent or guardian, you must be 13 years of age or older to access and use the Service. Access to and use of the Service is void where prohibited by applicable law, and the right to access and use the Service is revoked in such jurisdictions. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Service is administered in the United States of America (the "U.S") and intended for U.S. Users only; any use outside of the U.S. is at the User’s own risk and Users are responsible for compliance with any local laws applicable to their use of the Service.
You acknowledge that Bright Neighbor reserves the right to charge for the Service and to change its fees from time to time in its sole discretion. If Bright Neighbor terminates this Agreement because you have breached the Agreement, you will not be entitled to the refund of any unused portion of fees.
When you sign up to become a Customer or a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Customer or Member at any time, to disclose your password to any third party or to allow any third party to access your account. You agree to notify Bright Neighbor immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Although you are not required to do so, we suggest that you use passwords that are 8 characters or greater, do not contain words from any dictionary, contain a mix of alpha and numeric characters and vary in upper and lower case. These types of passwords are currently "strong" and resist, but do not eliminate, unauthorized account access.
3. YOUR OBLIGATIONS AND FEEDBACK
As consideration for your use of the Service, you agree to:
- Provide reasonable feedback to Bright Neighbor concerning the Service, including but not limited to usability data, bug reports and test results (collectively, "Feedback"). All bug reports, test results and other Feedback provided to Bright Neighbor by Recipient shall be the property of Bright Neighbor and may be used by Bright Neighbor for any purpose. Due to the nature of the development work, Bright Neighbor provides no assurance that any specific errors or discrepancies in the Service will be corrected. *Provide true, accurate, current, and complete information about yourself as prompted by the Service (such information being the “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Bright Neighbor has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bright Neighbor has the right to suspend or terminate your account and refuse any and all current and future use of the Service, or any portion thereof.
You understand and agree that the Service may include certain communications from Bright Neighbor, such as news feeds, advertisements, service announcements and administrative messages, and that these communications are considered part of the Service, and (except as prohibited by applicable law) you may not be able to opt out of receiving them.
5. USER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Bright Neighbor, are entirely responsible for all Content that you upload, post, or otherwise transmit through the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content through the Service (and to grant Bright Neighbor the license to such Content set forth in Section 6 below), and (b) that any Content that you upload, post, or otherwise transmit through the Service complies in all respects with the Terms.
Without limiting any other restrictions set forth in this Agreement, you agree not to use, or permit others to use, the Service to:
- Engage in or promote any conduct (including without limitation posting, uploading or otherwise transmitting Content) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
- Post false or intentionally misleading information;
- Provide any Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Bright Neighbor;
- Impersonate or attempt to impersonate any person or entity, including, but not limited to, Bright Neighbor or a representative of Bright Neighbor;
- Falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service (including without limitation "framing" the Service or any portion thereof) or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page) (Notwithstanding the foregoing, Customers may offer one or more Community Websites to other Users pursuant to their Online Services Agreement with Bright Neighbor);
- Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or subject to a nondisclosure agreement);
- Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any individual or entity, or remove any copyright, trademark, or other proprietary rights notice contained in the Service;
- Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “Stalk” or otherwise harass another User, or any other individual or entity;
- Collect, harvest, or store personal data about Users, or any other individuals or entities, other than for your own legitimate personal or business use in compliance with all applicable laws and with all of the Terms;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index the Service or any portion thereof;
- Create or submit unwanted email or messaging ("Spam") to any User, or any other individuals or entities, or otherwise interfere with the enjoyment of the Service by other Users;
- Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Service;
- Access, retrieve, or index the Service, or any portion thereof, for purposes of constructing or populating a searchable database of personal or business data;
- Create User accounts by automated means or under false or fraudulent pretenses, except that Customers may create User accounts through their own Community Website pursuant to their Online Services Agreement with Bright Neighbor;
- Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Bright Neighbor's sole determination, an unreasonable or disproportionately large burden on the Service;
- Copy or store any Content offered on the Bright Neighbor Site, other than your own original Content that does not constitute Feedback, for other than your own personal or internal business use;
- Solicit passwords or personal identifying information from other Users for commercial or unlawful purposes, except that Customers may solicit such information from Users of their own Community Website pursuant to the Terms of their Online Services Agreement with Bright Neighbor;
- Operate a business through the Service that involves one or more highly regulated activities, including without limitation contests, sweepstakes, multi-level marketing, pyramid schemes, selling securities; or
- Resell the Service to third parties as a service bureau, outsourcer or intermediary, except that Customers may offer the Service (excluding the Bright Neighbor Site and any Content and functionality offered exclusively through the Bright Neighbor Site) to Users of their own Community Website as permitted under their Online Services Agreement with Bright Neighbor.
You understand and agree that Bright Neighbor may review and delete any personal or business listings (including without limitation name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Bright Neighbor violates these Terms. You are solely responsible for your own Content. Bright Neighbor reserves the right, but has no obligation, to monitor disputes between you and any individual or entity with which you have communicated through the Service or about which you have posted Content through the Service.
In addition, you agree that you may not modify any hyperlinks or other offers presented through the Service (e.g., hyperlinks provided in connection with Bright Neighbor’s RSS feeds) from the original form in which they were made available by Bright Neighbor, except that Customers may modify their own Community Website pursuant to their Online Services Agreement with Bright Neighbor.
6. CONTENT SUBMITTED TO BRIGHT NEIGHBOR
Except for Feedback (described in Section 3 above), Bright Neighbor does not claim ownership of your own original Content that you make available through the Service. However, by uploading, submitting or otherwise disclosing or distributing Content of any kind through the Service, you:
- Grant to Bright Neighbor, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Service, including without limitation, any concepts, ideas, or know-how embodied therein;
- Represent and warrant to Bright Neighbor that you own or otherwise control all rights to such Content (including without limitation the ability to grant Bright Neighbor this license) and that the disclosure and use of such Content by Bright Neighbor (including without limitation publishing Content through the Service) will not infringe or violate the rights of any third party; and
- Acknowledge that the Content may not be treated confidentially.
Unless you are a Customer, you agree not to provide Bright Neighbor with any confidential or proprietary information that you desire or are required to keep secret. If you are a Customer, any confidential or proprietary information you provide to Bright Neighbor will be governed by your Online Services Agreement with Bright Neighbor.
You acknowledge that Bright Neighbor does not necessarily pre-screen Content, but that Bright Neighbor and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available through the Service. Without limiting the foregoing, Bright Neighbor and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable (as determined by Bright Neighbor in its sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify, defend and hold harmless Bright Neighbor and its subsidiaries, affiliates, officers, agents, co-branders, other partners and employees from any claim or demand, including without limitation any reasonable attorneys’ fees associated therewith, made by any third party (including without limitation other Users) due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms, or (d) your violation of any rights of another.
8. TERM, MODIFICATION AND TERMINATION
This Agreement shall remain in full force and effect while you use the Service. However, you agree that Bright Neighbor may, in its sole discretion and without notice:
- Terminate your password, your use of the Service, and your use of any other Bright Neighbor service;
- Remove and discard any Content within the Service for any reason, including without limitation for lack of use or if Bright Neighbor believes that you have violated or acted inconsistently with the letter or spirit of these Terms;
- Modify or discontinue the Service, or any part thereof.
You agree that any termination of your access to the Service under any provision of the Terms may be effected without prior notice, and you acknowledge and agree that Bright Neighbor may, in its sole discretion, immediately deactivate, delete or bar access to your Content and any associated Content. Further, you agree that Bright Neighbor shall not be liable to you or any third party for any termination or modification of the Service, or for any termination of your access to the Service.
Bright Neighbor may provide advertisements and promotions through the Service. The manner, mode and extent of advertising and promotions by Bright Neighbor through the Service are subject to change in the sole discretion of Bright Neighbor.
10. THIRD PARTY SELLERS OF GOODS, SERVICE PROVIDERS AND ADVERTISERS
Your communications or business dealings with, or participation in promotions of, third party sellers of goods, service providers or advertisers found on or through the Service (including without limitation other Users), including without limitation the payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such seller of goods, service provider or advertiser. YOU AGREE THAT BRIGHT NEIGHBOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, PRODUCTS OR SERVICES, OR AS THE RESULT OF THE PRESENCE OF SUCH SELLERS OF GOODS, SERVICE PROVIDERS OR ADVERTISERS ON THE SERVICE.
The Service may include links to other Internet sites or resources. Because Bright Neighbor has no control over such sites and resources, you acknowledge and agree that Bright Neighbor is not responsible for the availability of such external sites or resources. Bright Neighbor does not endorse and is not responsible or liable for any Content, services, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BRIGHT NEIGHBOR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE, INCLUDING WITHOUT LIMITATION ANY CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY OTHER USERS.
12. BRIGHT NEIGHBOR PROPRIETARY RIGHTS
You agree that the Content is protected by copyrights, trademarks, service marks, patents, trade secrets, and other intellectual property rights and laws. Except as expressly authorized by Bright Neighbor in writing, and except for your own original Content that does not constitute Feedback, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. However, you may print or download a reasonable number of copies of the Content made available through the Service for your personal use or internal business purposes, provided that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of Content from the Service to create or compile, directly or indirectly, a collection, database or directory is prohibited, except that Customers may retrieve Content from the Service in order to manage and operate their Community Website pursuant to the terms of their Online Services Agreement with Bright Neighbor.
Reproducing, displaying, performing or distributing any Content, other than your own original Content that does not constitute Feedback, for commercial use or for any other use or purpose not expressly permitted by these Terms is strictly prohibited.
You acknowledge and agree that the software included with the Service and any other necessary software used in connection with the Service (collectively “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Bright Neighbor grants you a personal, non-transferable, and non-exclusive license to use the object code of the Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bright Neighbor for use in accessing the Service. Bright Neighbor and its suppliers hereby reserve all proprietary rights not otherwise expressly granted in this Section 12.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHT NEIGHBOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BRIGHT NEIGHBOR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIGHT NEIGHBOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SERVICE.
YOU ARE ADVISED THAT BRIGHT NEIGHBOR DOES NOT WARRANT THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTY PROVIDER (INCLUDING WITHOUT LIMITATION OTHER USERS) THROUGH THE SERVICE. IT IS UP TO YOU TO CHOOSE A THIRD-PARTY PROVIDER BEST SUITED TO YOUR REQUIREMENTS. BRIGHT NEIGHBOR IS NOT INVOLVED IN THIS SELECTION PROCESS AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY OTHER USER OR ANY OTHER THIRD PARTY.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING GOODS OR SERVICES FROM A THIRD-PARTY PROVIDER REFERENCED THROUGH THE SERVICE.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL BRIGHT NEIGHBOR (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, LICENSORS, SUPPLIERS, OR OTHER AFFILIATES) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THOSE DAMAGES ARISING FROM INTERRUPTED COMMUNICATIONS, LOST DATA, OR LOST PROFITS, EVEN IF BRIGHT NEIGHBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, BRIGHT NEIGHBOR'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO BRIGHT NEIGHBOR DURING THE YEAR IMMEDIATELY PRIOR TO THE DATE YOUR CLAIM AROSE.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS IN ANY WAY. AS A RESULT, WE ARE NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF COMMUNICATING OR MEETING WITH OTHER USERS, OR INDIVIDUALS INTRODUCED TO YOU THROUGH THE SERVICE. THE DAMAGES COVERED BY THIS LIMITATION OF LIABILITY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, PHYSICAL DAMAGES, BODILY INJURY, EMOTIONAL DISTRESS AND DISCOMFORT. YOU ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF MEETING WITH OTHER USERS OR INDIVIDUALS INTRODUCED TO YOU THROUGH THE SERVICE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, OR THE NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF USERS, INDIVIDUALS INTRODUCED TO YOU THROUGH THE SERVICE, OR OTHER THIRD PARTIES.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Bright Neighbor Site or through other portions of the Service.
17. COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, patents, trade secrets or other proprietary information belonging to Bright Neighbor or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Bright Neighbor to terminate the privileges of any User who infringes the copyright rights of Bright Neighbor or others upon receipt of notification to Bright Neighbor or others by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work was copied or posted on the Bright Neighbor Website or otherwise through the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Bright Neighbor's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Bright Neighbor, LLC, 7835 SE 39th Ave, Portland, OR 97202.
18. GENERAL PROVISIONS
These Terms (and the documents incorporated herein by reference) constitute the entire agreement between you and Bright Neighbor and govern your use of the Service, and supersede any prior agreements between you and Bright Neighbor (including, but not limited to, any prior versions of these Terms). With respect to Customers, in the event that one or more Terms in this Agreement contradict or are directly inconsistent with one or more Terms in your Online Services Agreement with Bright Neighbor, the Terms of the Online Services Agreement will take precedence. These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Bright Neighbor’s prior written consent. Bright Neighbor may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Bright Neighbor services or third-party Content (including without limitation Software). The Terms and the relationship between you and Bright Neighbor shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Bright Neighbor agree to submit to the personal and exclusive jurisdiction of the courts located within Portland, Oregon. The failure of Bright Neighbor to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision to the extent permitted by applicable law, and the other provisions of the Terms remain in full force and effect in order to best accomplish the original intent of the parties.. 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 the Terms 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 are for convenience only and have no legal or contractual effect.
19. TRADEMARKS AND COPYRIGHTS
Bright Neighbor and the Bright Neighbor logo are proprietary service marks of Bright Neighbor Inc. (c)2008 Bright Neighbor, LLC. All rights reserved.
20. MANDATORY ARBITRATION
EXCEPT WITH RESPECT TO CUSTOMERS, ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN USER AND BRIGHT NEIGHBOR OR ANY OF BRIGHT NEIGHBOR'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, LICENSORS, SUPPLIERS, OR OTHER AFFILIATES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING WITHOUT LIMITATION FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS in Portland, Oregon. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration pursuant to this section, and another party successfully stays such action or compels arbitration, the party filing the judicial or administrative action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including without limitation attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF OREGON.
21. BREACH OF TERMS OF SERVICE
By using the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and that any such breach will cause Bright Neighbor great and irreparable injury and damage. Accordingly, you agree that Bright Neighbor shall be entitled, without waiving any additional rights or remedies otherwise available to Bright Neighbor at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms to us at: Legal Department, Bright Neighbor, LLC, 7835 SE 39th Ave, Portland, OR 97202.