Terms & Conditions

Terms of Service


Last 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 Terms.


 1. DEFINITIONS

Parties

"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

"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.

 

2. CHANGES TO THE TERMS OF SERVICE

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.

 

3. USING THE SITE

Eligibility

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.

 

Permission 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.

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

 

4. USER ACCOUNTS

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 Accounts

 

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.

Communications 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 current promotions.

 

5. CONTENT

 Responsibility for Your Content

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 Content

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 Content.

 

Ownership

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.

 

Advertising

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.

  

Other

User Content (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.

  

6. RESTRICTIONS

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.

You agree not to, and will not assist, encourage, or enable others to use the Site to:

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;

 IV.   Violate 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 Content;

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 support@localneigbourhoodapp.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.

  

7.  CONTENT AND PRIVACY POLICIES

Content Policy

You represent that you have read and understood our Content Policy

 

Privacy Policy

You represent that you have read and understood our Privacy Policy. Please note that we may disclose 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 illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) 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.

  

8. SUGGESTIONS AND IMPROVEMENTS

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.

 

9. THIRD PARTIES

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.

 

Events

Except 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.

 

10. INDEMNITY

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.

  

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

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.

LNAs’ maximum 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

 

12. CHOICE OF LAW AND VENUE

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 accrued.

 

13. TERMINATION

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 support@localneighbourhoodapp.com

 We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. Please review our Privacy Policy for information about what we do with your account when terminated.

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.

 

14. GENERAL TERMS

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.

 

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