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.
Table of Contents
- Services we provide
- Prohibited Conduct
- Termination of Access
- General Terms
1. Services We Provide
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
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 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
- 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
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.[return to top]
3. Prohibited Conduct
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:(i) attempt or help anyone else attempt to gain unauthorized access to the NeighborHuddle Service or its related systems or networks (including without limitation the impersonation of another Resident or other use of a false identity or address to gain access to a website);
(ii) use the Site to violate the intellectual property rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site forums or in your profile);
(iii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(iv) send or store obscene, pornographic, patently offensive, hateful, abusive, threatening, libelous, promoting racism or discrimination of any kind, or otherwise unlawful material, including material harmful to children or in violation of third party privacy rights;
(v) send or store any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site;
(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(viii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the "Content") in any way;
(ix) modify or make derivative works based upon the Service or the Content;
(x) create Internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or
(xi) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
B. Rights of NeighborHuddle
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.[return to top]
4. Termination of Access
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
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
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
J. Waiver and Severability
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
M. Transfer Prohibited
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:
- 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.
- 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"
- Include your name, mailing address, telephone number and e-mail address, so that we can directly contact you.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- 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.
- A statement requesting that we take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled).
- 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:
1246 W. Fullerton Avenue, Suite 1P
Chicago, IL 60614