Terms of Use

This website (the "Site") is provided by Sirk Group, Inc., dba NeighborHuddle, ("NeighborHuddle" or "we" or "us") as collection of services (collectively, the "Service") designed to help residents ("Residents") of subscribing communities enhance their community living experience. Managing agents, staff and building owners ("Other Users") may also be granted access to the Services based on the needs of the community.

To receive the Service (including access to this Site), you must first accept the following terms and conditions (the "Terms of Use") and the terms of our Privacy Policy.

Table of Contents

1. Services we provide
2. Your Information; Privacy Policy
3. Prohibited Conduct
4. Termination of Access
5. General Terms

The Service is designed to encourage collaboration within a community and empower residents to improve their community living experience. Subject to the provisions below, and to the terms of any agreement we may have with your community or managing agent, the following elements of the Service are available to Residents and Other Users:

A. Network Access

As part of the Service, NeighborHuddle creates a website for each community. If you are a Resident of a NeighborHuddle community, you are permitted to access the website for that community by using a username and password. Upon your registration and approval from your community’s website administrator, you will receive an email from no-reply@NeighborHuddle.com containing your username and password. NeighborHuddle, your association, managing agent or building owner reserve the right to verify any information provided during the registration process to confirm your identity. You are responsible for maintaining the security of your account. In addition, you are fully responsible for any activities that occur under your account, with or without your knowledge. If you willingly provide your account information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your account or any other breach of security. You agree that we will not be liable for any loss or damage arising from your failure to comply with this paragraph.

B. Registration Information

You must be at least 18 years old to register and receive a NeighborHuddle account. When you register to access your community’s website, we require you to provide your name, e-mail address and physical address. As mentioned above, your e-mail address will be used as your username for login purposes. Your physical address will be used to help your community’s website administrator verify your ability to receive an account.

Any registration information you provide must be true, current and complete. Your first name and last initial may be used throughout the website to indicate content you have provided, i.e. forum comments and business reviews. In addition, your full name will be available in the community directory should you choose to publish your information.

C. Profile Information

In an effort to help your fellow Residents get to know you, you may choose to provide additional profile information such as your occupation, hobbies and a profile photo. You may update, add, or delete this profile information via the "My Profile" page of the website at any time. All profile information will also be subject to the terms of our Privacy Policy.

Your NeighborHuddle profile may not include any of the following content: nudity, profanity, obscene, harassing, sexually explicit or otherwise objectionable subject matter. Should you breach this provision, we reserve the right to terminate your account and you will be subject to the indemnity clause in Paragaph 5.H of this Terms of Use Agreement. In addition, NeighborHuddle, assumes no responsibility or liability for issues arising from or relating to content posted in any NeighborHuddle profile by any NeighborHuddle website user. In an effort to keep NeighborHuddle a positive place to interact with your neighbors, we encourage you to report violations of this agreement by contacting us.

D. Community Forums

The Site contains general forums where you may post messages for other Residents to read and respond. Please note that if you post a message on any of the forums, your profile image, first name and last initial will be displayed with that message. For accountability purposes, NeighborHuddle does not permit anonymous content on the Site.

Once you make any information public via the Site, we have no control over how other people use that information. Anyone could view the information that you have made public and use or distribute it in any manner. In addition, please remember that there are always risks of dealing with people acting under false pretense. Although we reserve the right to verify your information, we do not assume any obligation to do so. We cannot, and do not, guarantee that each person who claims to be a resident of your building actually is a resident of your building.

We are not obligated to pre-screen or monitor any forum comments, but do reserve the right to do so. We may remove any content from the Site at our discretion. We may also forward offensive or unlawful content to law enforcement authorities or to your community’s leadership, managing agent or building owner.

The community forums have been designed to use email as a notification to Residents of specific activities (i.e. new forum topics). Residents not wishing to receive these notifications can opt out on their "Account Settings" page.

E. Business Reviews

The Site contains a Business Review feature which allows you to rate and review local businesses. The information in this section of the Site is submitted by individual Residents. Any information that you provide in this section must be true and accurate. You agree not to defame, slander or libel any person or establishment on the Site.

NeighborHuddle cannot and does not guarantee the accuracy, integrity or quality of any content submitted by individual users. Additionally, your interactions with businesses found on or through the Service are solely between you and those businesses. In no event shall NeighborHuddle, your association, managing agent or building owner be liable for any damages arising out of any interaction between you and such parties.

F. Classified Ads

The Site contains classified ads where Residents can post goods, services and real estate for sale. All postings in the classified sections may be shared across communities within a given geographic region. The classified sections are merely a venue for Residents to place or respond to classified postings. We have no control over the quality, safety or legality of the items, services or real estate posted and make no claims about the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to buy items. Any transactions that take place as the result of a classified posting are strictly between the buyer and seller. In no event shall NeighborHuddle, your association, managing agent or building owner be liable for any damages arising out of any interaction between buyers and sellers.

Without limiting any other remedies, NeighborHuddle may terminate your account if you are found or suspected to have engaged in activity which is fraudulent, illegal or otherwise prohibited by these Terms of Use in connection with our Service. Content including, but not limited to, the following shall not be listed via the classifieds or any other part of the Service: (a) content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) content that causes a legally-recognized harm (i.e. a defamatory statement); or (c) content that is illegal or would violate any applicable law, statute, ordinance or regulation.

Without limiting the foregoing, you may not post or sell the following items in the classifieds or via any other part of the Service:

• Weapons or ammunition
• Fireworks or any destructive devices or explosives
• Pornography
• Sexual services or sexually explicit materials
• Drugs (including illegal, prescription, or non-prescription drugs) or drug paraphernalia
• Alcohol or tobacco products
• Illegal, stolen or counterfeit goods or knock-offs of brand name products
• Airline tickets that restrict transfer
• Lottery or raffle tickets, sweepstakes, contest entries, or gambling-related items
• Bulk e-mail or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
• Hazardous goods or substances
• Stocks, bonds, or securities
• Event tickets, if the sale, pricing or manner of sale violates state or local regulations
• Items that are associated with hate groups
• Items subject to a recall or for which resale is prohibited

G. Service Requests

Depending on configuration, the Site may contain a section for Residents to log and track service requests for their community. We maintain no responsibility for resolutions, response times or any other operation aspect of the process.

The service request sections have been designed to use email as a notification to users for specific activities (i.e. new service request). Users designated to receive these notifications and those who have logged comments on a particular service request will be notified.

H. Quick Contact

The Site contains a Quick Contact form which allows Residents to quickly communicate with a targeted audience (i.e. entire community, only owners, board of directors) via email. Because this feature may be used in the event of an emergency, you agree to receive these messages and cannot opt out. NeighborHuddle may terminate your account if you send or are suspected to have sent non-community-related content via the Quick Contact.

I. External Links

The Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We maintain no responsibility for the content of the linked website(s).

J. E-mail Communication

As part of the Service, we may need to communicate with you via e-mail (see our Privacy Policy. to learn more about communications). You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Service, including a welcome email containing your initial user ID and password.

We may also send Residents occasional email newsletters encouraging them to log in to the website or take advantage of various features or offers. Residents not wishing to receive these messages can opt out of these communications on their "Account Settings" page.

Various aspects of the Site are designed to generate email notifications to Residents as described in this document. Due to the wide variety of factors affecting email delivery (i.e. spam blockers), most of which are out of our control, we maintain no responsibility for lost or undelivered messages or notifications.

K. Text Message Communication

As part of the Service, you may opt in to receive text message notifications and reminders from your community or NeighborHuddle. Please note, your phone service provider’s text message rates may apply. NeighborHuddle does not assume any liability for fees or damages caused as a result of receiving, or lack of receiving, a text message notification or reminder.

K. Information for General Public

As part of the Service, each NeighborHuddle community receives a public webpage. Visitors to this page may request more information about the community. By providing your name, contact information and details on what you’re looking for, you agree to be contacted by a third party to help fulfill your request. In no event shall NeighborHuddle be liable for any damages caused as a result of any interaction between you and such parties.

Our use of your information is subject to the terms of our Privacy Policy. You must agree to the Privacy Policy before you may access the Site.

A. Prohibited Conduct

You represent and warrant that you shall not do any of the following via the Site or otherwise in connection with the Service:

B. Rights of NeighborHuddle

NeighborHuddle shall have the right to immediately suspend or terminate your access to the Service for any actual or suspected violation of these Terms of Use. NeighborHuddle shall also have the right to itself use or release to third parties (including law enforcement and your community’s management) personally identifiable information regarding any person or entity who is suspected of having used this Site or any other component of the Service for any fraudulent purposes, for harassment, or for having otherwise violated any law, rule or regulation or the rights of third parties or having engaged in any conduct which NeighborHuddle deems improper. By using the Service, you are agreeing to our use or release of any information you provide in any manner we deem appropriate or necessary if you are suspected of having engaged in any conduct which we deem improper.

C. How You Can Help

Please notify NeighborHuddle immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at admin@NeighborHuddle.com.

Your access to the Service will terminate within thirty days if you move out of your building, if your community’s subscription is interrupted, or if you violate the terms of these Terms of Use. Once terminated, you will no longer be eligible to use the Site as described in this Section 1. Upon termination, we reserve the right to remove any and all content related to your account.

A. Explict Agreement

The Service is offered on a month-to-month basis which can be voided by either party with 30-days written notice to the other. NeighborHuddle shall have no obligation to provide the Service to you outside your community’s active subscription window.

B. Errors and Omissions

Neither we, your association, managing agent, building owner or any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

C. NeighborHuddle Property

NeighborHuddle shall own and retain all right, title and interest in and to the Service, the Site, and any technology or content contained in or made available through the Service (other than your own name and contact information), and shall also own any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the NeighborHuddle Service. The NeighborHuddle name and logo are copyright of NeighborHuddle or third parties, and no right or license is granted to use them. Other trademarks and trade names that may appear on the Site are the property of their respective owners.

D. Your Data

You, not NeighborHuddle, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any information you submit via the Site, and NeighborHuddle shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. NeighborHuddle reserves the right to withhold access to, remove and/or discard your information from the Site or terminate your account without notice for any breach of these Terms of Use, upon any breach or termination of any contract NeighborHuddle may have with your community, or in the event that you cease to reside at the building to which your webiste relates. In the event that your account is terminated, your ability to access or use data through the Service shall immediately cease, and NeighborHuddle shall have no obligation to maintain or forward any data that you have submitted.

E. Third Party Offers

As part of the Service, NeighborHuddle may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the NeighborHuddle Service). Similarly, your fellow Residents may offer goods or services via the classified section of your website. In no event shall NeighborHuddle, your association, managing agent or building owner be liable for any damages arising out of any interaction between you and such parties.

F. Warranties; Disclaimers

THE SERVICE (INCLUDING WITHOUT LIMITATION THE SITE, AND ANY TOOLS OR DATA INCLUDED THEREIN) IS PROVIDED "AS IS" AND NEIGHBORHUDDLE DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PERFORMANCE OF THE NEIGHBORHUDDLE SERVICE, INCLUDING ITS SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD. In no event shall NeighborHuddle, your association, managing agent or building owner be liable for any damage whatsoever arising out of the use of or inability to use the NeighborHuddle Service, even if NeighborHuddle has been advised of the possibility of such damages.

G. Limitation of Liability

In no event shall NeighborHuddle, your association, managing agent or building owner be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to the Service or otherwise relating to these Terms of Use (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether NeighborHuddle has been advised of the possibility of any such loss or damage. In no event shall NeighborHuddle’s total aggregate liability to you, your fellow Residents, and your building, for any matter arising out of or relating to the provision of the Service, exceed the amounts that NeighborHuddle has then received from your community, which may be zero. The limitations contained in this section shall survive any failure of an exclusive or limited remedy.

H. Indemnification

You hereby agree to indemnify, defend and hold NeighborHuddle, your association, managing agent or building owner, and our and their officers, directors, employees and agents (collectively, the "Indemnitee") harmless from and against any and all losses, costs, expenses (including reasonable outside attorneys’ fees), claims, suits and liabilities by third parties (collectively, "Claims") that the Indemnitee may suffer or incur, that arise, result from, or relate in any way to (i) your infringement of any intellectual property or other rights of a third party; (ii) your violation of any laws or regulation of any governmental, regulatory or judicial authority arising from your use of the Service; (iii) your violation of these Terms of Service, or (iv) your actual or alleged gross negligence or willful misconduct in connection with your use of the Service.

I. Governing Law; Jurisdiction

These Terms of Use shall be governed by Illinois law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois.

J. Waiver and Severability

No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof or any other provision. In the event that any provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and the unenforceable provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision.

K. Changes to the Service

NeighborHuddle reserves the right to redesign or modify the organization, structure, features, pricing, or "look and feel" of the Service and any portion thereof at any time without prior notice or liability hereunder.

L. Modification to Terms

NeighborHuddle reserves the right to modify the provisions of these Terms of Use at any time by posting an updated version of this document on the Site, provided, however, that no such modification shall have retroactive effect.

M. Transfer Prohibited

Your NeighborHuddle account is personal to you, and you may not assign or transfer it or any of your rights under these Terms of Use to any third party without our prior written consent, which may withhold for any reason or for no reason. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of the Terms of Use.

N. How To Contact Us

If you have any questions about this Agreement, the practices of NeighborHuddle, or your experience with the Service, you can e-mail us at admin@NeighborHuddle.com or send us mail at NeighborHuddle, 1246 W. Fullerton Avenue, Suite 1P, Chicago, IL 60614.

O. Copyright Policy and Designated Agent for Notification of Claims of Infringement

NeighborHuddle respects the intellectual property of others, and we ask our users to do the same. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), that contains substantially the following information:

1. Identify the copyrighted work that you claim has been infringed in sufficient detail, so that we can locate the material. If multiple copyrighted works are covered by a single notification, provide a list of each copyrighted work, along with a copyright registration number if available and a website that the work may be accessed, if available.
2. Identify the URL on the Site that contains the material that you claim infringes your copyright. Again, you must provide us with reasonably sufficient information to let us locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.NeighborHuddle.com/resources/abc"
3. Include your name, mailing address, telephone number and e-mail address, so that we can directly contact you.
4. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
5. Include a statement that you have a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement requesting that we take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled).
7. Include a statement made under penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

You can mail, e-mail, or fax your Notification of Alleged Copyright Infringement to our Designated Agent at the following addresses:

Copyright Agent
NeighborHuddle.com
1246 W. Fullerton Avenue, Suite 1P
Chicago, IL 60614
e-mail: admin@NeighborHuddle.com