Terms of Use For SWIPEBY Web Site

Effective Date: August, 2017

Last Updated Date: 30st August 2017

These Terms set out the terms and conditions on which the SWIPEBY Web Site (“the Site”) is available for you to use.  By accessing and/or using the Site, you agree that you have read, understood and agree to be bound by these Terms. If you do not wish to agree to these Terms, do not use the Site. If you have any questions or concerns about these Terms, you can send them by email to info@swipe.by.  

1.       Ownership

Neighbor, Inc. (referred to in these Terms as “Neighbor,” “we,” or “us”) is the owner and sponsor of the Site.

2.        Changes

We may change these Terms at any time, for any reason at our sole discretion and without notice.  The current terms will always be available through the Site.  If you continue to use the Site after the effective date of a change to the Terms, that means you have accepted and agree to the changed terms.  If you object to any of the changes, then your sole recourse is to stop using the Site. 

3.       Use By Minors

THE SITE IS ONLY FOR PEOPLE AGE 13 OR OLDER. You are not authorized to use it unless you are at least age 13.  If you are a parent or guardian and you allow your child to use the Site, you agree that you and your child will comply with these Terms, and you are legally responsible for any conduct of your child with respect to it.  

4.       Privacy Policy

We respect your privacy and share your concern about its protection.  The Privacy Policy is a part of these Terms and is incorporated in these Terms by reference.  Please review the policy to make sure you understand how we may collect, use and protect information that we learn about you as a result of what you do on the Site.  By agreeing to these Terms, you also agree to the Privacy Policy.

5.       Intellectual Property

We own all trademarks, service marks, trade dress, logos, copyrights, design rights, trade secrets, rights to databases and compilations, and other intellectual property rights in and to the Site, including but not limited to the NeighborzTM word mark and logo and the graphical user interface (collectively the “Neighborz IP”). Other product and service names that may appear on or be accessed through the Site are trademarks, trade names, or service marks owned by third parties.  You agree not to copy, download, distribute, make derivate works, or make any commercial use of the Neighborz IP or any third-party IP displayed on the Site. You also agree not to attempt to hack, reverse engineer, decompile or disassemble the Site software or otherwise attempt to change its functionality or derive its source code, except where expressly permitted by law.

6.       Feedback

We welcome your feedback, comments and suggestions.  If you choose to contribute by sending us, our employees or our partners any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, offerings, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.  Accordingly, by sending Feedback to us, you agree that: 

·        We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

·        Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

·        You irrevocably grant us perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

7.       Limitation of Warranties and Remedies

THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

The Site is provided to you “as is.”  We make no promises that the Site is accurate, complete, reliable, current, secure or error-free; that it will operate or be accessible without interruption; or that the Site will be free from viruses or other harmful components.  You use the Site at your own risk.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.  SOME STATES DO NOT ALLOW DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU. 

8.       Indemnification by You

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Neighbor and its officers, owners, employees and agents, from and against all claims, actions, liabilities, damages and expenses (including court costs, legal fees, and amounts paid in settlement) by any third party arising out of or relating to any actual or alleged violation of these Terms by you.  You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense).

9.       Other provisions

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms, and our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of Site.  You agree that we may assign or sublicense any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms.  Your agreement to these Terms is personal to you and you may not transfer or assign them to any third party. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or statements between you and us with respect to the subject matter hereof.