Terms of Use
1. ACCEPTANCE
By using the service offered by NeighborhoodOutlet.com (the “Service”),
you are agreeing to comply with these Terms of Use. Should
you object to any term or condition contained herein, or any
subsequent modifications hereto, or become dissatisfied with
the Service in any way, your only recourse is to immediately
stop using the Service. We reserve the right, in our sole
discretion, to change, modify or otherwise alter these Terms
of Use. Such modifications will become effective immediately
upon posting. You must review these Terms of Use on a regular
basis to keep apprised of any changes that may affect you.
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2. INTERACTIONS WITH THIRD PARTIES
Your interactions with organizations and/or individuals found
on or through the Service, including payment and delivery
of goods or services, and any other terms, conditions, warranties,
or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any third party.
You agree that NeighborhoodOutlet.com shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute between
participants on this site, or between users and any third
party, you understand and agree that NeighborhoodOutlet.com
is under no obligation to become involved. In the event that
you have a dispute with one or more other services, you hereby
release NeighborhoodOutlet.com, its officers, owners, employees,
and agents, and their respective successors and assigns from
any claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any related
to such disputes and/or the Service. If you are a California
resident, you waive California Civil Code Section 1542, which
says: “A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor
at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor.”
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3. PRIVACY
NeighborhoodOutlet.com has established a Privacy
Policy to explain to users how their information is collected
and used, which is located at the following web address: http://www.NeighborhoodOutlet.com/privacypolicy.asp.
Your use of the NeighborhoodOutlet.com website and the Service signifies
your acknowledgement of and agreement to our Privacy
Policy.
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4. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to NeighborhoodOutlet.com email addresses or through NeighborhoodOutlet.com
computer systems, which is expressly prohibited by these Terms
of Conditions, is unlawful in certain states, and that such
violations may subject the sender and his or her agents to
civil and criminal penalties.
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5. LIMITATIONS ON SERVICE
You acknowledge that NeighborhoodOutlet.com may establish
limits concerning use of the Service. You agree that NeighborhoodOutlet.com
has no responsibility or liability for the deletion or failure
to store any Content maintained or transmitted by the Service.
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6. ACCESS TO THE SERVICE
NeighborhoodOutlet.com grants you a limited, nonexclusive
license to access the Service for your own personal use, subject
to these Terms of Use.
NeighborhoodOutlet.com permits you to display on your own website,
or create a hyperlink on your website to, individual postings
on the Service, so long as such use is for noncommercial purposes
only (e.g., for use in personal web blogs or personal online
media). If the total number of such posting displayed or linked
to on your website exceeds one hundred (100) postings, your
use will be presumed to be in violation of these Terms of
Use.
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7. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed
on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyright laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective
work, and/or copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written
consent of NeighborhoodOutlet.com. You further agree not to reproduce,
duplicate or copy Content from the Service without the express
written consent of NeighborhoodOutlet.com, and agree to abide by any
and all copyright notices displayed on the Service. You may
not decompile or disassemble, reverse engineer, or otherwise
attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Service.
Although NeighborhoodOutlet.com does not claim ownership
of Content. By posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that
you have the right to grant, to NeighborhoodOutlet.com an
irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate
into other works, said Content and to grant and authorize
sublicensees (through multiple tiers) of the foregoing. Furthermore,
by posting Content to any public area of the Service you automatically
grant NeighborhoodOutlet.com all rights necessary to prohibit
any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the content on the Service
by any part for any purpose.
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8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE NeighborhoodOutlet.COM SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE NeighborhoodOutlet.COM SITE AND
THE SERVICE ARE PROVIDED ON AN “AS IS”/”AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PUPORSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, NeighborhoodOutlet.COM DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE NeighborhoodOutlet.COM SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITED BY LAW, NeighborhoodOutlet.COM
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE NeighborhoodOutlet.COM SITE OR VIA THE
SERVICE, OR ACCESS THROUGH ANY LINKS ON THE NEIGHBORHOODOUTLET.COM
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEIGHBORHOODOUTLET.COM
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE NEIGHBORHOODOUTLET.COM SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS
MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
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9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NEIGHBORHOODOUTLET.COM BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF NEIGHBORHOODOUTLET.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF
THE NEIGHBORHOODOUTLET.COM SITE OR THE SERVICE, WEHTHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE NEIGHBORHOODOUTLET.COM SITE OR THE
SERVICE, FROM INABILITY TO USE THE NEIGHBORHOODOUTLET.COM SITE OR
THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION OR TERMINATION OF THE NEIGHBORHOODOUTLET.COM SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE NEIGHBORHOODOUTLET.COM
SITE OR THE SERVICE OR ANY LINKS ON THE NEIGHBORHOODOUTLET.COM SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE NEIGHBORHOODOUTLET.COM
SITE OR THE SERVICE OR ANY LINKS ON THE NEIGHBORHOODOUTLET.COM SITE.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED.
IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
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10. INDEMNITY
You agree to indemnify and hold NeighborhoodOutlet.com, its
owners, officers, affiliates, employees, agents, successors
and assigns, harmless from any claim or demand, including
reasonable attorneys’ fees and court costs, made by
any third party due to or arising out of Content that you
submit, or make available through the Service, your use of
the Service, your violation of these Terms of Use, your breach
of any representations and warranties contained herein, or
your violation of the rights of another.
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11. GENERAL
These Terms of Use constitute the entire agreement between
you and NeighborhoodOutlet.com and govern your use of the Service,
superseding any prior oral or written agreements between you
and NeighborhoodOutlet.com concerning the subject matter hereof. These
Terms of Use and the relationship between you and NeighborhoodOutlet.com
shall be governed by the laws of the State of Maryland, without
regard to its conflicts of law provisions. You and NeighborhoodOutlet.com
agree to submit to the personal and exclusive jurisdiction
of the courts located with the County of Montgomery, State
of Maryland. The failure of NeighborhoodOutlet.com to exercise or
enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. The provisions
of this Agreement are independent of and separable from each
other, and no provision shall be affected or rendered invalid
or unenforceable by virtue of the fact that for any reason
other or others of them may be invalid or unenforceable in
whole or in part. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or these Terms of
Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred. Should it be necessary
to institute legal action against you, you agree to reimburse
NeighborhoodOutlet.com for its attorneys’ fees and court costs
if NeighborhoodOutlet.com is the prevailing party in any such action.
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