Terms of service NeighborUnity,

End User License Agreement

This NeighborUnity, . End User License Agreement (“EULA”) is a binding agreement between you (“you” or “your”), as the end user of the services described in this EULA, and NeighborUnity, . This EULA governs your access to and use of our proprietary software platform and services (the “NeighborUnity Platform”). This EULA becomes effective upon the earlier of your electronic acceptance of its terms or your access to or use of the NeighborUnity Platform. BY ACCESSING OR USING THE NeighborUnity PLATFORM OR OTHERWISE INDICATING ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. We may revise and update this EULA from time to time in our sole discretion. Any updates are posted on our website, available at www.neighborunity.com. All changes are effective immediately when we post them, and apply to all access to and use of the NeighborUnity Platform thereafter. Your continued use of or access to the NeighborUnity Platform after we make any updates are deemed to be acceptance of those updates. You are encouraged to review the EULA periodically for any updates.

1. License Grant and Scope.

2. Grant of License. Subject to the terms and conditions of this EULA, NeighborUnity grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the NeighborUnity Platform. The foregoing license to the NeighborUnity Platform shall be solely for your personal, non-commercial use, and you shall not permit access to or use of your log-in credentials to the NeighborUnity Platform to any other person or entity.

3. Prohibitions. Under no circumstances may you: (a) copy, reproduce, modify, create derivative works based on, decompile, reverse compile, disassemble, or reverse engineer the NeighborUnity Platform or any portion thereof; (b) unbundle, sublicense, assign, transfer, display, distribute, rent, or lease the NeighborUnity Platform, or any portion thereof, to any third party; (c) attempt to learn, access, decompile, reverse engineer, or otherwise derive the source code, algorithms, structure, or ideas upon which the NeighborUnity Platform is based; (d) copy, change, delete, alter, or hack any content or functionality within the NeighborUnity Platform; (e) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the NeighborUnity Platform or any servers or networks connected to the NeighborUnity Platform; (f) introduce into the NeighborUnity Platform any virus, rogue program, trojan horse, worm, or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the NeighborUnity Platform or perform any such actions; (g) introduce into the NeighborUnity Platform any back door, time bomb, drop dead device, or other software routine designed to disable a computer program; (h) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the NeighborUnity Platform for any reason; (i) use the NeighborUnity Platform in any manner that misappropriates or infringes any intellectual property rights of NeighborUnity or any third party; (j) access or attempt to access any information or content of other users of the NeighborUnity Platform, or take any action that interferes with any other person’s or entity’s use of the NeighborUnity Platform; (k) encourage any unlawful activities when using the NeighborUnity Platform, or post anything to the NeighborUnity Platform that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity; (l) access or use the NeighborUnity Platform for competitive purposes or to develop software or services competitive with the NeighborUnity Platform; (m) decrypt, transfer, frame, display, or translate any part of the NeighborUnity Platform; or (n) grant any other person or entity the right or access to do any of the foregoing.

4. Reserved Rights. All rights not specifically granted to you hereunder are reserved by NeighborUnity. Nothing herein shall prevent NeighborUnity from promoting, providing, licensing, or sublicensing use of or access to the NeighborUnity Platform or providing any services to other persons or entities. NeighborUnity reserves the right to withdraw or modify any content or services available through the NeighborUnity Platform without notice.

5. Third Party Materials.

a. The NeighborUnity Platform may display or make available content, including data, information, forms, screenings, surveys, questionnaires, applications, and other products, services, materials, and/or resources, or provide links to websites or services, including advertising, for or on behalf of landlords, property managers and owners and other business partners and third parties (collectively, “Third Party Materials”). Any Third Party Materials, and any terms, conditions, warranties, or representations associated with such Third Party Materials, are solely between you and the applicable third party. NeighborUnity neither endorses nor exercises any control over the content or practices of such Third Party Materials. You acknowledge and agree that NeighborUnity is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, fees, charges, or any other aspect thereof. NeighborUnity does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

b. Use of Third Party Materials may require payment of access or other charges and fees. The NeighborUnity Platform includes payment functionality for certain Third Party Materials through a third party payments provider or processor to enable credit card and ACH payments. You are responsible for all charges and fees related to any such payments. Use of Third Party Materials may also require you to provide personal or other information. With respect to Third Party Materials that you access or use, you are solely responsible for complying with all terms and conditions and the privacy policies of providers of such Third Party Materials.

6. Content. The use of the NeighborUnity Platform, and all content, text, graphics, images, audio, other materials, and any other information provided on or entered into or made available through the NeighborUnity Platform by you (collectively, the “Content”), is solely your responsibility. You shall comply with all laws, regulations, and rules, including, without limitation, privacy laws applicable to the Content. You acknowledge that NeighborUnity exercises no control over the Content or the use of the Content. By transferring Content, you agree that NeighborUnity may process, transmit, and/or store Content only to the extent necessary for, and for the sole purpose of, enabling NeighborUnity to perform its obligations under this Agreement. You acknowledge that NeighborUnity may, in its sole discretion, immediately delete, destroy, or otherwise purge from the NeighborUnity Platform any Content after processing such information.

7. Termination. This EULA shall remain in effect until terminated in accordance with its terms. NeighborUnity may terminate this EULA and your access to and use of the NeighborUnity Platform, at any time and for any reason, with or without cause. Upon the termination of this EULA for any reason, (a) your license to access and use the NeighborUnity Platform shall immediately and automatically terminate, (b) you shall cease all access to and use of the NeighborUnity Platform, and (c) you shall immediately return to NeighborUnity any other property, equipment, and materials provided to you by NeighborUnity (whether modified or unmodified), or immediately destroy such property at NeighborUnity’s sole option.

8. User Obligations.

a. Use of the NeighborUnity Platform. You are responsible for ensuring that only you access and use the NeighborUnity Platform in accordance with this EULA, and that you do not make unauthorized use of the NeighborUnity Platform. You agree to comply with all applicable laws, rules, and regulations when using the NeighborUnity Platform. You will not use the NeighborUnity Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You will not infringe on the intellectual property rights of NeighborUnity or any third party in connection with your access to and use of the NeighborUnity Platform. You shall use your best efforts to ensure that all Confidential Information and NeighborUnity’s intellectual property rights are kept secure and protected from unauthorized access or disclosure. You shall be solely responsible for (a) the security and confidentiality of any username or password granted to you to access the NeighborUnity Platform, and you shall use your best efforts to maintain the confidentiality of your password; (b) any authorized or unauthorized access to the NeighborUnity Platform using your username and password, and any actions taken thereunder, including, but not limited to, any non-authorized user’s failure to comply with the terms of this EULA; and (c) any guest, service provider and other third parties to whom you provide access or entry authorization through the NeighborUnity Platform. You acknowledge that access to the NeighborUnity Platform outside of the United States may not be legal by certain persons or entities or in certain non-U.S. jurisdictions. If you access the NeighborUnity Platform from outside the United States, you are responsible for compliance with local laws.

b. Updates. NeighborUnity may from time to time, in its sole discretion, develop and provide updates to the NeighborUnity Platform, which may include upgrades, bug fixes, patches, corrections, enhancements, improvements, and/or new functionality and features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that NeighborUnity has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the NeighborUnity Platform or portions thereof may not properly operate should you fail to do so. All Updates will be deemed part of the NeighborUnity Platform and be subject to all terms and conditions of this EULA.

c. Collection and Use of Information. You agree that when you register and use the NeighborUnity Platform, NeighborUnity may collect and use information about you and your use of the NeighborUnity Platform. You may also be required to provide certain information about yourself as a condition to using certain features or functionality of the NeighborUnity Platform, including Third Party Materials, and the NeighborUnity Platform may provide you with opportunities to share information about yourself with third parties. All information we collect through or in connection with the NeighborUnity Platform is subject to our Privacy Policy, which is available on our website. By accessing and using the NeighborUnity Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

9. WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY.

a. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, THE NeighborUnity PLATFORM AND ANY OF THE RIGHTS LICENSED TO YOU HEREUNDER ARE PROVIDED BY NeighborUnity “AS IS.” YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF ANY PRODUCT OR SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE OF, AND RESULTS OBTAINED FROM THE NeighborUnity PLATFORM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, NeighborUnity DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTERFERENCE, AND PERFORMANCE. NeighborUnity, accepts no responsibility for the accuracy of any content found within these pages. The appropriate safeguards should be used in communicating with any person(s) that you may meet through this service. By using this service, you agree to not hold us responsible for any costs, liabilities, attorney's fee, or damages that you may incur. The ads placed on this platform are written by the residents and we are only the means by which their ads are published. To use this service, you must be a resident of the appropriate building.

b. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NeighborUnity BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, REVENUES, OR PROFITS, OR FOR ANY MATTER ARISING FROM OR RELATING TO THIS EULA OR THE NeighborUnity PLATFORM, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE NeighborUnity PLATFORM, DELAYS, INTERRUPTION, LOSS OR CORRUPTION OF DATA, BREACHES IN SECURITY, SYSTEM INCOMPATIBILITY, LOSS RESULTING FROM SYSTEM OR SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN, REGARDLESS WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE AND EVEN IF NeighborUnity WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NeighborUnity SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY (A)
ERROR IN THE NeighborUnity PLATFORM OR ANY DATA, INFORMATION, OR SERVICES INCLUDED OR INCORPORATED THEREIN OR OTHERWISE MADE A PART THEREOF, (B) ACT OR OMISSION BY ANY USER OF THE NeighborUnity PLATFORM, (C) NON-COMPLIANCE OF ANY LAW, RULE OR REGULATION BY ANY USER OF THE NeighborUnity PLATFORM, (D) ACT OR OMISSION BY ANY GUEST, SERVICE PROVIDER OR OTHER THIRD PARTY GRANTED ACCESS OR ENTRY TO ANY HOSTED PROPERTY THROUGH THE NeighborUnity PLATFORM, (E) THIRD PARTY MATERIALS, OR (F) CONTENT.
NeighborUnity shall have no liability for direct damages nor any delay in or failure of the NeighborUnity Platform caused by any disruption or slow speed of the Internet, break-downs of security, or introduction of computer viruses (and the like) by third parties, any labor dispute, government requirement, act of God, epidemics, pandemics, disease, or any other cause beyond its reasonable control.

10. Intellectual Property Rights.

a. Intellectual Property Rights. As between NeighborUnity and you, NeighborUnity is and shall retain all right, title, interest to, and ownership of the NeighborUnity Platform and all intellectual property rights therein. The limited license granted to you per Section 1.1 above does not transfer title or any other interest in or to the NeighborUnity Platform or any of NeighborUnity’s intellectual property rights therein, and you hereby disclaim any right, title, and interest that you may have or gain therein. To the extent any intellectual property rights in the NeighborUnity Platform might, for any reason, otherwise vest in you, you hereby unconditionally and irrevocably assign to NeighborUnity all such intellectual property rights. You shall not contest or aid in contesting the ownership or validity of NeighborUnity’s intellectual property rights or any applications or registrations relating thereto.

b. License Granted to NeighborUnity. You hereby grant NeighborUnity a perpetual, royalty- free, non-exclusive, worldwide, transferable, and sublicensable license to access and use all information, data, images, and property of any kind uploaded or contributed by you into the NeighborUnity Platform (“Uploaded Data”) for any legal purpose related to the NeighborUnity Platform, including the provision of services by NeighborUnity. You are and will remain the sole and exclusive owner of all right, title, and interest in and to all Uploaded Data, including all intellectual property rights relating thereto to the extent there are any such intellectual property rights. Subject to the license granted herein, NeighborUnity will not take any actions or engage in conduct inconsistent with your ownership of the Uploaded Data. YOU HEREBY REPRESENT, WARRANT, AND CERTIFY THAT YOU (A)(I) ARE THE SOLE OWNER OF ALL INFORMATION, DATA, IMAGES, AND PROPERTY OF ANY KIND UPLOADED OR CONTRIBUTED BY YOU INTO THE NeighborUnity PLATFORM, AND/OR (II) HAVE BEEN GRANTED PERMISSION OR OTHERWISE AUTHORIZED BY THE APPLICABLE OWNER(S) OF ALL INFORMATION, DATA, IMAGES, AND PROPERTY OF ANY KIND UPLOADED OR CONTRIBUTED BY YOU INTO THE NeighborUnity E PLATFORM, AND (B) YOU ARE NOT VIOLATING THE RIGHTS OF ANY THIRD PARTIES BY UPLOADING SUCH INFORMATION, DATA, IMAGES, AND PROPERTY.

c. Confidential Information. As a result of your access to the NeighborUnity Platform, you will have access to certain Confidential Information of NeighborUnity. You shall maintain the secrecy of all such Confidential Information disclosed to you. You shall not use, disclose, or otherwise exploit any Confidential Information for any purpose not specifically authorized pursuant to this EULA; provided that, you may produce information solely to the extent necessary to comply with any law, court, or administrative order. You shall use your best efforts to give NeighborUnity reasonable prior written notice to the extent possible and permitted by law that such Confidential Information is being sought by a third party so as to afford NeighborUnity the opportunity to limit or prevent such disclosure. All files, lists, records, documents, drawings, documentation, materials, specifications, equipment, and computer programs that incorporate or refer to any Confidential Information shall be returned, deleted, or destroyed by you promptly upon termination of this EULA. “Confidential Information” means all confidential, proprietary, and/or nonpublic information of any kind, whether written or oral, relating to NeighborUnity’s business or operations, specifically including, without limitation: (a) the terms and conditions of this EULA or any other agreement executed between the parties; (b) all nonpublic information concerning the business, technology, the NeighborUnity Platform, services, internal structure, and strategies of NeighborUnity, specifically including, without limitation, software, product development, product pricing, product maintenance, source or object code, materials, documentation, NeighborUnity’s intellectual property rights, proposals, designs, concepts, methodologies, inventions, developments, research, programs, databases, referral sources, customers, prospective customers, inventions, developments, “know-how,” procedures, financial information, or licensing policies; and (c) any other information clearly labeled by NeighborUnity in writing as “confidential” prior to its disclosure, otherwise deemed as Confidential Information under this EULA or which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment under the circumstances. Notwithstanding the foregoing, “Confidential Information” shall exclude information that is: (i) available to the public other than by a breach of this EULA; (ii) rightfully received from a third party not in breach of a contractual, fiduciary, or other obligation of confidentiality; (iii) known to you at the time of disclosure as evidenced by your written records at the time of disclosure; or (iv) solely to the extent produced in compliance with any law or court order; provided, however, that you give NeighborUnity reasonable notice that such Confidential Information is being sought by a third party, so as to afford NeighborUnity the opportunity to limit or prevent such disclosure.

d. Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to NeighborUnity, whether by letter, email, telephone, or otherwise (“Feedback”), all such submissions are made on a non-confidential basis and NeighborUnity has no obligation to review, consider, or implement such Feedback, and you shall grant herewith to NeighborUnity an exclusive, transferable, worldwide, royalty-free, fully-paid-up license (including the right to sublicense) to use, reproduce, modify, disclose, and otherwise exploit such Feedback as NeighborUnity may determine in its sole discretion without any compensation or attribution. You waive and agree not to assert any so-called “moral rights” you may have in the Feedback, and you understand and agree that NeighborUnity is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

11. Indemnification By You. You shall indemnify, hold harmless and, at NeighborUnity’s option, defend NeighborUnity and its officers, shareholders, directors, employees, agents, and affiliates from and against any and all any claims, suits, actions, arbitrations, proceedings, costs, liabilities, losses, and expenses, including, but not limited to, reasonable attorneys’ fees, resulting from, arising out of, or related to (a) a breach or alleged breach by you of this EULA, (b) your use, misuse, or failure to lawfully use the NeighborUnity Platform, (c) your infringement or misappropriation of any intellectual property rights of NeighborUnity or any third party, (d) any violation by you of any law, regulation, or rule, including, without limitation, privacy laws, in connection with your use of the NeighborUnity Platform, or (e) any Content.

12. General Provisions.

a. Entire Agreement; Waiver; Severability; Survival. This EULA and our Privacy Policy constitute the entire agreement of the parties with respect to your access to and use of the NeighborUnity Platform and supersedes all prior agreements between you and NeighborUnity, both oral and written, with respect to your access to and use of the NeighborUnity Platform. No failure to exercise, and no delay in exercising, on the part of Ris NeighborUnity, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. If any term or provision of this EULA shall be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this EULA shall remain in full force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of this EULA. All representations, warranties, covenants, agreements, disclaimers, and limitations made in this EULA shall survive your acceptance of this EULA and any termination of this EULA.

b. Governing law, Venue, Waiver of Jury Trial; Injunctive Relief. This EULA shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the NeighborUnity Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in Cook County, Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You hereby irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any action or proceeding arising out of or relating to this Agreement. You agree that any breach of this EULA will cause NeighborUnity irreparable injury and damage. You expressly agree that NeighborUnity shall be entitled to injunctive and other equitable relief to prevent such a breach, in addition to any other remedy to which NeighborUnity might be entitled.

c. Assignment; Binding Effect. You may not assign this EULA without NeighborUnity’s prior written consent. This EULA shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns, subject to the other provisions of this section.

d. Comments. All communications regarding this EULA may be sent to support@neighborunity.com.