By signing up to receive a Neighborside newsletter, you agree to the following terms and conditions.
We reserve the right to refuse to publish any message that, in our opinion, does not comply with our neighborliness guidelines. The Neighborliness decisions of our authorized administrators are final and not subject to review. By design, Neighborside is not a venue for unfettered discussion. There are many venues on the Internet and elsewhere to which our subscribers or others may turn for communications that we deem inappropriate for Neighborside.
Any dispute or claim between you and Neighborside shall be governed by Arizona law as it applies to agreements entered into and to be performed entirely within Arizona between Arizona residents.
Any dispute or claim between you and Neighborside shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement. You can find the AAA’s rules, and a form for initiating arbitration proceedings, at www.adr.org.
Limitations on Liability
Because our newsletters, our website and our services are offered to you free of charge, we offer NO WARRANTY WHATSOEVER with respect to our newsletters, our web site or our services. Our newsletters, our website and our services are provided “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.
To the degree that our newsletters, our website or our services may not function as anticipated or contain any errors, inaccuracies or mistakes, we may make reasonable efforts to correct or minimize any such problem, but we are not obligated to provide any function or service to you and may end our efforts at any time. You should take reasonable steps to verify any information you receive through our newsletters. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR OUR WEBSITE. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow limits on damages, so they may not apply to you.
You retain your ownership rights in the text, photos and other content you submit to us (collectively, your “Content”). You authorize us to publish your Content in our free email newsletters. You shall not submit for publication any Content to which you don’t have publication rights or any Content that is defamatory, infringing, illegal or otherwise tortious. You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between you and a neighbor connected with Content submitted to us and/or published by us. While we reserve the right to refrain from publishing any Content that we deem inappropriate under our subjective Neighborliness Standards, including the right to edit the Content as we deem appropriate prior to publication, you alone are responsible for your Content. If you believe any content in any of our email newsletters infringes your copyright, please contact our notification agent at Neighborside, LLC, 2930 E Menlo St, Mesa AZ 85213. Phone: 480-262-9891. Email: [email protected] Your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3). We retain ownership rights in all content we provide for our newsletters or website.
Neighbors and Sponsors Act for Themselves
We don’t interview, run background checks on, monitor, supervise, or control our subscribers or our sponsors. By publishing ads for sponsors or messages as requested by our subscribers, we do not become an employer, placement agency, representative, or agent of/for them. We are not a party to transactions or disputes among neighbors or sponsors. Each neighbor alone is responsible for complying with the laws, such as tax or employment laws, applicable to transactions entered into.
Ability to Unsubscribe
Except for content received from our members, all content of our web site and our newsletters is copyright (c) 2018 by Neighborside, LLC and we reserve our ownership rights in all cases. You may share such content with friends and neighbors in the context of the web site or newsletter, but you may not republish it in any manner for commercial gain without our express, written permission.