Neighbor Techology Terms of Service
Last Updated: November 19, 2016
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, our “Services”) provided by Neighbor Technology, Inc. (“Neighbor Technology,” “our” or “we”). If you access or use the Services, you acknowledge and agree that you have read all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms, including the mandatory arbitration provision and class action waiver in Section 16.
If you have any questions about these Terms or our Services, please contact us at Service@CallNeighbor.com.
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. Description of the Services
We provide a platform that helps busy parents find carpooling opportunities with other parents who are driving their children to similar locations. Our platform helps match parents by analyzing the information users upload into their profiles on our system, including their driving schedules, when they will be driving, how far they will be driving, the age and gender of their children and other factors.
After setting up a profile, our platform will go to work on finding potential carpool matches. Once we find some matches, you will be notified through the Services. A carpool match will be able to see certain information you’ve provided about you, your driving routes, the gender and age of your child, and vice-versa, but not the name or photographs of your child. After you’ve been matched with another user, you may initiate communication with the potential match using our messaging system.
Please remember that we do not offer any transportation services. Any transportation services offered or delivered by one of our users is solely the responsibility of that user, and not a part of the Services.
3. Carpool Safety
Safety is important to us. When using our Services, always please keep in mind:
You should always carefully review a user’s profile and vet a user by communicating with them before actually setting up a carpool, because we do not offer user background checks. Anyone who is able to commit identity theft can also falsify a carpool profile.
There is no substitute for acting with caution when communicating with any user who wants to meet you for the first time.>
We do not review, verify, or in any way vouch for the driving abilities of those that use the Services.
4. User Accounts and Account Security
You must register for an account or use your Facebook login to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
6. User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Neighbor Technology.
You may not create, post, store or share any User Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
▪ Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
▪ May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any unsolicited promotions, political campaigning, advertising or solicitations;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
▪ Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Neighbor Technology or others to any harm or liability of any type.
You grant Neighbor Technology a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) will be visible to the public.
Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
By using our Services, you agree not to:
▪ Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
▪ Use or attempt to use another user’s account without authorization from that user and Neighbor Technology;
▪ Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
▪ Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
▪ Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
▪ Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
▪ Bypass or ignore instructions contained in our robots.txt file, accessible here, that controls automated access to portions of our Services; or
▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
8. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained in our Services (collectively, the “Neighbor Technology Content“) are owned by or licensed to Neighbor Technology and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Neighbor Technology and our licensors reserve all rights in and to our Services and the Neighbor Technology Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Neighbor Technology Content for your own personal use. Unless expressly permitted, you agree not to (a) sell, resell or commercially use our Services or Neighbor Technology Content, (b) copy, reproduce, distribute, publicly perform or publicly display Neighbor Technology Content, except as expressly permitted by us or our licensors, (c) modify the Neighbor Technology Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Neighbor Technology Content, (d) use any data mining, robots or similar data gathering or extraction methods, and (e) use our Services or Neighbor Technology Content other than for their intended purposes.
Any use of our Services or Neighbor Technology Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted by these Terms.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Neighbor Technology or the Services (collectively, “Feedback”), is non-confidential and will become the sole property of Neighbor Technology. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Neighbor Technology’s Designated Agent as follows:
Designated Agent: Daniel Bin
Address: 2045 Martin Ave Ste 201
Santa Clara, CA 95050
Telephone Number: (917)740-2607
E-Mail Address: Dannybin@callneighbor.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Neighbor Technology for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Neighbor Technology and our officers, directors, agents, partners and employees (individually and collectively, the “Neighbor Technology Parties“) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services, (b) your User Content, or (c) your violation of these Terms. You agree to promptly notify Neighbor Technology Parties of any third party Claims, cooperate with Neighbor Technology Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Neighbor Technology or the other Neighbor Technology Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services. Also, we do not make any representations about or take any responsibility for the driving abilities of the users you may be matched with.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Neighbor Technology does not represent or warrant that our Services are accurate, complete, reliable, current or error-free.
While Neighbor Technology attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
13. Limitation of Liability
Neighbor Technology and the other Neighbor Technology Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Neighbor Technology or the other Neighbor Technology Parties have been advised of the possibility of such damages.
The total liability of Neighbor Technology and the other Neighbor Technology Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Neighbor Technology or the other Neighbor Technology Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Neighbor Technology and the other Neighbor Technology Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
15. 1 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
16. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Neighbor Technology and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Neighbor Technology seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Neighbor Technology seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Neighbor Technology waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Neighbor Technology agree that any dispute arising out of or related to these Terms or our Services is personal to you and Neighbor Technology and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Neighbor Technology agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Neighbor Technology agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Neighbor Technology will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing us at: Service@CallNeighbor.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
17. Governing Law and Venue
THESE TERMS AND YOUR ACCESS TO AND USE OF OUR SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF CALIFORNIA AND THE UNITED STATES, RESPECTIVELY, SITTING IN SANTA CLARA COUNTY AND CALIFORNIA.
18. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account, providing notice on your mobile device or otherwise notifying you through the Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
21. Electronic Communications
By creating a Neighbor Technology account, you also consent to receive electronic communications from Neighbor Technology (e.g., via email, text or by posting notices on our Services). These communications may include notices about your account (e.g., carpool matches, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
22. Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
23. Notice Regarding Apple
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of our mobile application (the “”App“) for use on the iPhone, iPod Touch or iPad:
You and Neighbor Technology acknowledge that the terms are solely between you and Neighbor Technology, and not with Apple, Inc. (“Apple“), and that Neighbor Technology, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store “). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules“) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
A. Scope of License The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
B. Maintenance and Support Neighbor Technology is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
C. Warranty You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Neighbor Technology. However, you understand and agree that, in accordance with these Terms, Neighbor Technology has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
D. Product Claims You and Neighbor Technology acknowledge and agree that as between Apple and Neighbor Technology, Neighbor Technology, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
E. Intellectual Property Rights You and Neighbor Technology acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Neighbor Technology, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
F. Legal Compliance You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
G. Developer Name and Address Any end-user questions, complaints or claims with respect to the App should be directed to:
Neighbor Technology, Inc.
These Terms constitute the entire agreement between you and Neighbor Technology relating to your access to and use of our Services. The failure of Neighbor Technology to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.