Terms And Conditions

Terms & Conditions

Last Updated: 03/22/2016

 

The following describes the terms and conditions by which Neatly Inc., hereinafter referred to as “Company” offers you access to its sites, services, applications and tools, collectively referred to as “Company Sites.” You agree to abide by all policies posted throughout Company Sites, including, but not limited to those listed below, which are incorporated by reference and are considered part of these Terms and Conditions along with User Agreements and any other related terms found throughout the Company Sites or entered into as part of user registration.

 

Company policies

The policies posted on Company Sites may be changed from time to time and take effect immediately when posted. When accessing Company Sites you are subject to any posted policies or rules applicable to them. All policies above are incorporated into these Terms and Conditions. By accessing or using the Company Sites you agree to be bound by these Terms and Conditions. Terms might be modified from time to time and modifications will take effect immediately upon being posted on Company Sites. You may be required to acknowledge and accept modified or new terms by click-through on the links offered to you on the Company Sites or sent to your email address provided by you during user registration. if you do not agree to be bound by all of these terms and conditions, do not access or use company sites.

 

Privacy policy

Your use of Company Sites is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Company Sites and informs users of our data collection practices.

electronic communications

Visiting Company Sites or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Company Sites satisfy any legal requirement that such communications be in writing.

 

User profile

The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In order to register and gain access to the Company Sites you must be 18 or older, or be 13 or older and have your parent or guardian’s consent to the terms of these Terms & Conditions, have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and be resident in the local country.

 

You agree that any registration information that you submit to the Company through Company Sites will be used for the purpose of creating your User Profile, and that any submitted information is true, accurate and complete and will be updated by you as necessary to keep it that way at all times.

    

User profile safety

If you use Company Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You agree you will not sell, transfer, license or assign your account, your followers, your username, or any other account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Company prohibits you from creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

 

User content

You may not post content on Company Sites, which violates any Federal, State, local or foreign laws. You are prohibited from posting nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content in any part of the Company Sites, including but not limited to photos, descriptions, reviews, comments, or any part of the user profile or user introduction.  You agree that all content posted by you on the Company Sites must be in compliance with these Terms and Conditions, User Agreement, and any applicable Company Policies, Guidelines and Rules posted on the Company Sites, which are incorporated by reference into these Terms and Conditions.

 

Defamation

Communications Decency Act Notice. The Company Sites is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described herein. We are not responsible for content or any other information posted to the Company Sites by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

Legal use

You must not stalk, bully, abuse, harass, threaten, defame, impersonate or intimidate people or entities and you must not post private or confidential information on the Company Sites, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You may not use the Company Sites for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations, applicable to your use of the Service and to your content, including but not limited to copyright laws. You must not encourage or facilitate violations of these Terms and Conditions. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms and Conditions.

 

Intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use Company Sites strictly in accordance with these Terms and Conditions. All content on Company Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used as part of the Company Sites, is the property of the Company and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Company Sites. The content on Company Sites is not for resale. Your use of the Company Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms and Conditions.

 

Prohibition of modification or interference with company sites

You must not change, modify, adapt or alter the Company Sites. You must not create, post or submit unwanted email, comments, likes or other forms of commercial or harassing communications, also known as “spam” to any of the Company Sites or direct to any other users of the Company Sites. You must not interfere or disrupt the Company Sites or its networks, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Company Sites are displayed and pages are rendered is rendered in a user’s browser or device. You must not create accounts with the Company Sites through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

 

Termination

Violation of these Terms and Conditions may, in the Company’s sole discretion, result in termination of your registration and deletion of your user account. You understand and agree that the Company cannot and will not be responsible for the content posted on the Company Sites, and that you use the Company Sites at your own risk. If you violate these Terms and Conditions, or otherwise create risk or possible legal exposure for the Company, we can stop providing all or part of the services offered through the Company Sites to you. We reserve the right to refuse access to the Company Sites to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.

 

Account deactivation

You can deactivate your user account by logging into the Company Sites and sending a deactivation request available support@neatly.us. Upon deactivation and termination of your account your photos, comments, reviews, listings and other data posted by you will no longer be accessible to you through your account. We reserve the right to modify or terminate the services offered to you through Company Sites and terminate your access to the Company Sites for any reason, without notice, at any time, and without liability to you.

 

Third party content

There may be links from the Company Sites, or from communications you receive from the Company, to third party web sites, features or products. There may also be links to third party web sites, features or products in images or comments within the Company Sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. The Company does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that the Company is in no way responsible or liable for any such third-party services or features.

 

Third party services

your correspondence and business dealings with third parties found through the company sites are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Company Sites or your profile on the Company Sites with a third-party, or third party service provider. By entering into any such connection you acknowledge and agree to the following: (i) if you use the Company Sites to share information, you are consenting to information about your profile on the Company Sites being shared; (ii) such use of the Company Sites may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Company has not itself provided such information; and (iii) such use of the Company Sites is at your own option and risk, and you will hold the Company harmless for any activity related to  such use of the Company Sites.

 

Third party sites and organizations may deliver certain services made available through Company Sites. By using any product, service or functionality originating from the Company domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Company users and customers.

 

User information from third parties

You may choose to provide us with access to certain personal information stored by third parties such as social media sites, including but not limited to Facebook, Google+ or Twitter. The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Company account and authorizing the Company to have access to this information, you agree that the Company may collect, store and use this information in accordance with these Terms and Conditions and the Company Privacy Policy.

 

Use of communication services

The Company Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group. You agree to use these communication services only to post, send and receive messages and material that are proper and related to the particular communication service.

 

You agree that you will not engage in any, including but not limited to, of the following: abuse, harass, stalk, threaten, defame or otherwise violate the legal rights, such as rights of privacy and publicity rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity, unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

The Company has no obligation to monitor the communication services. However, the Company reserves the right to review materials posted and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in test's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. The Company does not control or endorse the content, messages or information found in any communication service and, therefore, the Company specifically disclaims any liability with regard to the communication services and any actions resulting from your activities within any communication service. Independent Consultants and Vacation Rental Hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

 

International users

The Company Sites are controlled, operated and administered by Company from our offices within the USA. If you access the Company Sites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Sites accessed through in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

GENERAL CONDITIONS

 

Limitation of liability

By accepting this agreement you understand and agree that the Company is not liable for any harm including personal, physical, financial or other damage to you or to any third parties that may arise out of your activities utilizing any of the Company Sites.  

 

Indemnity

You will indemnify and hold Company and its respective officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your activities utilizing any of the Company Sites, or arising out of breach of these Terms and Conditions, your improper use of the Company Sites, or your violation of any law, or the rights of a third party.

 

Warranty

Company intends to provide the best service possible, but you understand and agree that the Company Sites and any and all services are provided “as is” without warranty of any kind, either express or implied, inlcuding but not limited to, the implied warranties of merchantablity, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Each aspect of the Company Sites and any and all services may include technical inaccuracies or typographical errors. Changes may be periodically made to the content and functionality available within the Company Sites, and these changes will be incorporated in new editions of the Company Sites and without any notice.

 

The Company does not warrant, endorse, guarantee or assume responsibility for any third party content, user content, or any other product or service advertised or offered by a third party on or through the Company Sites. No advice, training, or information whether oral or in writing obtained by you from the Company shall create any warranty on behalf of Company in this regard.

 

You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify any aspect or portion of the Company Sites. Likewise, you may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about Company customers and users, including passwords, account information or other data.

 

Waiver

The Company will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the authorized representative of the Company. The Company will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the authorized representative of the Company. Waiver by one party hereto of breach of any provision of these Terms and Conditions by the other shall not operate or be construed as a continuing waiver.

 

Changes to terms and conditions

The Company reserves the right, in its sole discretion, to change the Terms and Conditions under which its services and access to Company Sites is offered. The most current version of the Terms and Conditions will supersede all previous versions. The Company encourages you to periodically review the Terms and Conditions to stay informed of our updates.

 

Legal disputes  

You and the Company agree that any claim or dispute at law or equity that has arisen or may arise between you and the Company relating in any way to or arising out of these Terms and Conditions or your use of or access to Company Sites will be resolved in accordance with the provisions set forth in this Legal Disputes Section, which incorporates Agreement to Arbitrate Section below and all of its subsections.

 

Judicial forum for legal disputes

Unless you and the Company agree otherwise, in the event that the Agreement to Arbitrate below is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in State of California, without regard to the conflicts of laws provisions. You and Company agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.

 

Severability

With the exception of any of the provisions in section on Prohibition of Class and Representative Actions and Non-Individualized Relief Section of the Agreement to Arbitrate below, if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in section on Prohibition of Class and Representative Actions and Non-Individualized Relief of the Agreement to Arbitrate is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of these Terms and Conditions and this Legal Disputes Section will continue to apply.

 

Agreement to arbitrate

You and Company each agree that any and all disputes or claims that have arisen or may arise between you and Company relating in any way to or arising out of these Terms and Conditions or your use of or access to Company Sites shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

Prohibition of class and representative actions and non-individualized relief

You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action of proceeding. Unless both you and Company agree otherwise, the Arbitrator may not consolidate nor join more than one person’s or party’s claims, and may not otherwise preside over any form of consolidated, representative, or class proceeding. The Arbitrator may award relief only in favor of the individual party and only to the extent necessary to provide relief for that party’s individual claims. Any relief awarded cannot affect other users of Company Sites.

 

Arbitration procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms and Conditions as a court would.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these Terms and Conditions including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms and Conditions is void or voidable.

 

The arbitration will be conducted by the American Arbitration Association under its rules and procedures, including the American Arbitration Association Supplementary Procedures for Consumer-Related Disputes, as applicable, and as modified by this Agreement to Arbitrate. The arbitration shall be held at a mutually agreed location.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of Company Services, but is bound by rulings in prior arbitrations involving the same user of Company Services to the extent required by applicable law.  The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Costs of arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.

 

Opt-out process

You may choose to opt-out of this Agreement to Arbitrate by mailing us a signed opt-out notice postmarked within 30 days of signing of this Agreement to 236 West Portal Ave Suite 527, San Francisco CA 94127. You may use this sample opt-out request form when mailing your request. If you opt-out of the Agreement to Arbitrate, all other parts of these Terms and Conditions and its Legal Disputes Section will continue to apply to you.

 

Entire agreement

These Terms and Conditions constitute the entire agreement between the Company and You. Except as may be modified by these Terms and Conditions, you acknowledge and agree to be bound by these Terms and Conditions, Company Policies, and any other agreements including User Agreement, which are part of, and are incorporated by reference in these Terms and Conditions.

 

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