Updated May 6, 2018. These terms and
conditions are effective immediately.
These terms and
conditions (the "Terms") govern your
access to and use of Local Neighbourhood App Fairfield, aka Fairfield Neighbourhood
App (“LNA”), websites and mobile
applications that link to or reference these Terms ("Site").
By accessing or using the Site, you are agreeing to these Terms and concluding
a legally binding contract with Local Neighbourhood App, a Texas Limited
Liability Corporation (“LNA”). Do
not access or use the Site if you are unwilling or unable to be bound by the
"You" and "your" refer
to you, as a user of the Site. A "user" is
someone who accesses, browses, or in any way uses the Site. "We," "us," and "our" refer to LNA.
"Content" means text, images, photos, audio, video, location data,
and all other forms of data or communication submitted or transmitted to, through,
or in connection with the Site. “Your
Content” and “User Content”
means Content that you or a user made available in connection with the
Site. " LNA Content “means Content that
we create and make available in connection with the Site"Third Party Content" means Content that
originates from parties other than LNA or its users, which is made available in
connection with the Site. "Site Content" means
all of the Content that is made available in connection with the Site,
including Your Content, User Content, Third Party Content, and LNA Content.
We may modify the
Terms at any time. The most current version of these Terms will be located on
our website www.localneigbourhoodapp.com. You should revisit
these Terms on a regular basis as revised versions will be binding on you. Any
such modifications will be effective upon our posting of new Terms. You
understand and agree that your access to or use of the Site is governed by the
Terms effective at the time of your access to or use of the Site. You understand and agree that your continued access to or use of
the Site after the effective date of modifications to the Terms indicates your
acceptance of the modifications.
To access or use the Site, you must be 18 years or older and
have the required power and authority to enter into these Terms. You may not
access or use the Site if you are a competitor of LNA or if we have previously
banned you from the Site or closed your account.
to Use the Site
We grant you permission to use the Site subject to the
restrictions in these Terms. Your use of the Site is at your own risk,
including the risk that you might be exposed to content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or
discontinued at any time without notice or liability.
You must create an
account and provide certain information about yourself in order to use the
features that are offered through the Site. You are responsible for maintaining
the confidentiality of your account password. You are also responsible for all
activities that occur in connection with your account. You agree to notify us
immediately of any unauthorized use of your account. We reserve the right to
close your account at any time for any or no reason.
Your account is for
your personal, noncommercial use only, unless in connection with a business
account. You may not create or use an account for anyone other than yourself,
provide an email address other than your own, or create multiple accounts.
Commercial / Business
You must create an account and provide certain information about
yourself and your business in order to use the features that are offered
through the Site. You are responsible for maintaining the confidentiality of
your account password. You are also responsible for all activities that occur
in connection with your account. You agree to notify us immediately of any
unauthorized use of your account.
By creating an account you are affirming that you are an
authorized agent of the business, and have the required power and authority to
enter the business into the Terms.In the event that our Terms or
Policies have been violated, LNA reserves the right to investigate and take appropriate action at
our sole discretion, including
removing your content and/or deactivating your account, we are under no
obligations to offer you a refund.
Furthermore by creating an account you
agree that all your purchases made through the Site are non-refundable.
We reserve the right to close your account at anytime for any or no reason, if
this occurs we may, at our own discretion, offer you a refund of a portion of
your registration fee.
from LNA andThird Party
By creating an
account, you agree to receive certain communications in connection with the
Site. You may receive communications from businesses or types of businesses you
previously searched or viewed. You may also receive email from LNA about our
You are solely responsible for Your Content. You agree to assume all risks and liability associated
with Your Content, including the reliance on its quality, accuracy, or
reliability, or any disclosure by you of information in Your Content that makes
you personally identifiable. You represent that you own, or have the necessary
permissions to use and authorize the use of Your Content as described herein.
You may not imply that Your Content is in any way sponsored or endorsed by LNA.
Our Right to Use Your
By using this Site,
you hereby irrevocably grant LNA world-wide, perpetual, non-exclusive,
royalty-free, assignable, sub licensable, transferable rights to use Your
Content for any purpose. By "use" we mean use, copy, modify,
distribute, translate, remove, analyze publicly perform and display, reproduce,
commercialize, and prepare derivative works of Your Content. LNA may promote,
distribute, reformat, publicly display, incorporate into advertisements and
other works, and create derivative works from Your Content. LNA may also allow
others to do the same to Your Content in connection to their own media
platforms (“Other Media”). You also irrevocably grant the users of the
Site and any Other Media the right to access Your Content in connection with
their use of the Site and any Other Media.
You irrevocably waive, and cause to be waived, against LNA and its users
any claims and assertions of moral rights or attribution with respect to Your
With the exception of Your
Content, User Content and Third Party Content,LNA owns all elements and
components of the Site this includes but is not limited to computer code,
products, software, aggregate user review ratings, visual interfaces,
interactive features, graphics, design, compilation, including, but not limited
to, our compilation of User Content and other Site Content. We also own the
copyrights, trademarks, service marks, trade names, and other intellectual and
proprietary rights ("IP Rights") associated
with the LNA Content and the Site, which are protected by copyright, trade
dress, patent, trademark laws and all other applicable intellectual and proprietary
rights and laws.You may not and you agree that you will not modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in
any way exploit any of the LNA Content in whole or in part except as expressly
authorized by us. Except as specifically and distinctly, unambiguously provided
herein, LNA does not grant you any express or implied rights, and all rights in
and to the Site and the LNA Content are retained by us.
LNA may publicly display advertisements and other information
adjacent to or included with Your Content. You are not entitled to any
compensation for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to you.
(including any that may have been created by users employed or contracted by LNA)
does not necessarily reflect the opinion of LNA. We reserve the right to
remove, screen, edit, or reinstate User Content from time to time at our sole discretion
for any reason or no reason, and without notice to you. For example, we may
remove a review if we believe it violates our Content Policy. We have no
obligation to retain or provide you with copies of Your Content, nor do we
guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf
against another user. Please let us know if you believe another user has
violated the Terms, we reserve the right to investigate and take appropriate
action at our sole discretion.
agree not to, and will not assist, encourage, or enable others to use the Site
I. Violate our Content
Policy and / or any applicable laws.
II. Threaten, stalk, harm,
or harass others, or promote bigotry or discrimination. Solicit personal
information from minors, or submit or transmit pornography; or
III. engage in keyword
spamming, or otherwise attempt to manipulate the Site's search results or any
third party website, whether commercial in nature or not;
any third party's rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right;
V. Promote a business or
other commercial venture or event, or otherwise use the Site for commercial
purposes, except in connection with a Business Account and as expressly
permitted by LNA.
You also agree not to, and will not assist, encourage, or enable others to:
i. Violate the Terms;
ii. Modify, adapt,
appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, or in any way exploit the Site
or Site Content (other than Your Content), except as expressly authorized by LNA;
iii. Use any robot, spider,
site search/retrieval application, or other automated device, process or means
to access, retrieve, scrape, or index any portion of the Site or any Site
iv. Reverse engineer any
portion of the Site;
v. Remove or modify any
copyright, trademark or other proprietary rights notice that appears on any
portion of the Site or on any materials printed or copied from the Site;
vi. Record, process, or
mine information about other users;
vii. Access, retrieve or
index any portion of the Site for purposes of constructing or populating a
searchable database of business reviews;
viii. Reformat or frame any
portion of the Site;
ix. Take any action that
imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on LNA's technology infrastructure or otherwise
make excessive traffic demands of the Site;
x. Attempt to gain
unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;
xi. Use the Site or any
Site Content to transmit any computer viruses, worms, defects, Trojan horses or
other items of a destructive nature (collectively, "Viruses");
xii. Use any device,
software or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
xiii. Use the Site to
violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause
harm to, the Site or Site Content; or
xiv. Remove, circumvent,
disable, damage or otherwise interfere with any security-related features of
the Site, features that prevent or restrict the use or copying of Site Content,
or features that enforce limitations on the use of the Site.
The restrictions above
only apply to the extent permissible under applicable law. Nevertheless, you
agree not to act contrary to them (even if permissible under applicable law)
without providing 30 days' prior written notice to us at email@example.com,together with any information that we may reasonably require to
give us an opportunity to provide alternative remedies or otherwise accommodate
you at our sole discretion.
You represent that you
have read and understood our Content Policy
You represent that you
information about you to third parties if we have a good faith belief that such
a disclosure is reasonably necessary to (i) take action regarding suspected
comply with legal process or other government inquiry, such as a search
warrant, subpoena, statute, judicial proceeding, or other legal process served
on us; or (iv) protect our rights, reputation, and property, or that of our
users, affiliates, or the public. If you use the Site outside of the United
States, you consent to having your personal data transferred to and processed
in the United States.
By providing LNA, it’s
officers, directors, employees, agents and representatives any ideas,
suggestions, documents or proposals ("Feedback"),
whether through company email, personal email, text messages, Facebook messages,
verbal conversations through a telephone call or in person, and any other form
of communication, you agree that, your Feedback does not contain the
confidential or proprietary information of third parties, and we are under no
obligation of confidentiality, express or implied, with respect to the Feedback.
We may have something similar to the Feedback already under consideration or in
development, and you grant us an irrevocable, non-exclusive, royalty-free,
perpetual, worldwide license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive, and cause to
be waived, against LNA and its users any claims and assertions of any moral
rights contained in such Feedback.
The Site may include
links to other websites or applications, for example, Crime Watch and Facebook
(each, a "Third Party Site"). We do not control or
endorse any Third Party Site. You agree that we are not responsible for the
availability or contents of such Third Party Sites. Your use of Third Party
Sites is at your own risk.
Some of the services
made available through the Site may be subject to additional third party or
open source licensing terms and disclosures, please refer to the Third Party
Site for their terms and disclosures.
as specifically and distinctly, unambiguously stated by us, events are not sponsored by LNA. By attending, and
participating in these events you agree to assume any and all liabilities that
arise or may arise from your association, and participation with these events.
You agree to
indemnify, defend, and hold LNA, its officers, directors, employees, agents and
representatives harmless, including costs, liabilities and legal fees, from any
claim or demand made by any third party arising out of or relating to (i) your
access to or use of the Site, (ii) your violation of the Terms, (iii) any
products or services purchased or obtained by you in connection with the Site,
or (iv) the infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. LNA reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any such matter
without the prior written consent of LNA. LNA will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION
CAREFULLY SINCE IT LIMITS THE LIABILITY OF LNA TO YOU. EACH OF THE SUBSECTIONS
BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW.NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT
BE LAWFULLY LIMITED.IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE
TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE
SITE.BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP
SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
Your use of the Site
is at your own risk and discretion and is made available to you on an “as is”
and “as available” basis. You represent and understand that LNA may not
monitor, vet, or control User Content. LNA makes no claims or promises about
the quality, accuracy, or reliability of the Site, its safety and security, or
the Site content. Furthermore LNA is not responsible to you for any loss or
damages that may arise from the Site’s unavailability or security
vulnerabilities. LNA is not responsible from any loss or damages that may arise
from your reliance of the reliability, quality, or accuracy of the business
listings, ratings and reviews, including the businesses own content, display
and order and display.
Your purchase and use
of products or services offered by businesses or advertisers listed on LNA is
at your own discretion and risk. LNA makes no claims or promises with reference
to any third party, such as the businesses or advertisers listed on the Site or
the Site’s users. LNA is not liable to you for any loss or damages that may
arise from your purchase and use of products or services offered by businesses
or advertisers listed on the Site. Additionally LNA is not liable to you for
any loss or damage that may arise from the actions or omissions of the
businesses, advertisers or other users of the Site.
LNA disclaims all warranties whether expressed or implied, no oral or written information or suggestions provided to you by an officer, director, employee, agent or representative of LNA shall create a representation of warranty. LNA disclaims all expressed or implied warranties to the products or services offered by businesses and advertisers listed on the Site, including implied warranties of the quality, fitness for a specific purpose and non-infringement. LNA disclaims all expressed or implied warranties to the products or services offered by us to our business account holders. We make no claims, promises or guarantees on a return of investment on any of our products.
Your participation in LNA rewards and/or giveaways, and the use of the products and/or services received from our rewards and or giveaways is at your own discretion and risk. LNA makes no claims or promises with reference to any third party, including but not limited to LNA prizes offered or obtained by/from the businesses or advertisers listed on the Site and rewards and prizes purchased by LNA for our users. LNA is not liable to you for any loss or damages that may arise from your participation in our rewards and or giveaways. LNA is not liable to you for any loss or damages that may arise from your use of products or services received or won from our rewards and or giveaways. Additionally LNA is not liable to you for any loss or damage that may arise from the actions or omissions of the third party businesses, advertisers or other users of the Site in conjunction with our rewards and or giveaways.
LNA disclaims any
liability for any (i) indirect, special, incidental, punitive, exemplary,reliance,
or consequential damages, (ii) loss of profits, (iii) business interruption,
(iv) reputational harm, or (v) loss of information or data.
If you are
dissatisfied with the site,its related services, or for any other grievance,
your sole and exclusive right and remedy is to deactivate and discontinue your
access and use of the site.
aggregate liability to you for losses or damages you suffer in connection with
the Site or these terms is limited to the greater of (i) the amount paid, if
any, by you to LNA in connection with the site in the
six months prior to the occurrence of the event giving rise to the liability,
or (ii) $100
Texas law will govern
these Terms, as well as any claim, cause of action or dispute that might arise
between you and LNA (a "Claim"),
without regard to conflict of law provisions. For any claims brought by either
party, you agree to submit and consent to the personal and exclusive
jurisdiction in, and the exclusive venue of the State and Federal courts
located within Harris County, Texas, and we each agree not to
bring an action in any other venue. You waive all
objections to this venue and agree not to dispute personal jurisdiction or
venue in these courts. You agree that you will not bring or participate in any
class action lawsuit against LNA. Each of us agrees that we will not bring a
claim under the Agreement more than one year after the time that the claim
You may terminate the
Terms at any time by deactivating your account or discontinuing your use of the
Site. You can deactivate your account by emailing firstname.lastname@example.org
In the event of any termination of these Terms, whether by you
or us, Sections 1, 5, 6, 8, 10 - 14 will continue in full force and effect,
including our right to use Your Content as detailed in Section 5 and Feedback
as detailed in Section 8.
We reserve the right to modify, update, or discontinue the Site
at our sole discretion, at any time, for any or no reason, and without notice
or liability. Except as otherwise stated in Section 10 above, nothing herein is
intended, nor will be deemed, to confer rights or remedies upon any third
party.The Terms contain the entire agreement between you and us regarding the
use of the Site, and supersede any prior agreement between you and us on such
subject matters discussed in these Terms. The parties acknowledge that no
reliance is placed on any representation made but not expressly contained in
these Terms. Any failure on LNA’s part to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights here under.If any
provision of the Terms is found to be unenforceable or invalid, then only that
provision shall be modified to reflect the parties' intention or eliminated to
the minimum extent necessary so that the Terms shall otherwise remain in full
force and effect and enforceable.The Terms, and any rights or obligations
here under, are not assignable, transferable or sub licensable by you except
with LNA’s prior written consent, but may be assigned or transferred by us
without restriction. Any attempted assignment by you shall violate these Terms
and be void.The section titles in the Terms are for convenience only and have
no legal or contractual effect.