neighbZ

End User Terms & Conditions

Sections Discussed

OUR SERVICES.
JOINING THE neighbZ COMMUNITY.
OUR LICENSE GRANT TO YOU.
RIGHTS YOU GRANT.
BEING A RESPONSIBLE, KIND, CHRIST-LIKE COMMUNITY END USER.
END USER TRANSACTIONS.
NOTIFICATION PREFERENCES.
BUSINESS OR OTHER END USER PROMOTIONS.
THIRD-PARTY SITES AND SERVICES.
CHANGES TO OUR SERVICE.
RESTRICTIONS FROM OUR LICENSORS.
INDEMNIFICATION.
DISCLAIMERS; LIMITATION OF LIABILITY.
DISPUTE RESOLUTION.
END USER ACCOUNT DELETION REQUESTS.
GENERAL.
BINDING ARBITRATION AND CLASS WAIVER; JURISDICTION-SPECIFIC PROVISIONS.

Effective Date: January 1, 2024 Last Updated: November 14, 2023

Please note that neighbZ Services are only available for use within the United States. If you are accessing our Services from the United States of America, these Terms and Conditions govern your use of neighbZ.

If you are using our Business Services, please refer to our additional Business Services Terms.

IMPORTANT: U.S. END USERS AND VISITORS, PLEASE CAREFULLY REVIEW THE ARBITRATION AGREEMENT IN SECTION 16(a) BELOW. IT MANDATES DISPUTE RESOLUTION WITH neighbZ THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

1.OUR SERVICES
Welcome to neighbZ! We exist because local communities need a more positive, uplifting, faith-based alternative to "big tech" social media. We own, operate, and manage a Christian social platform that actively promotes the teachings in the Holy Bible and beliefs of our Lord and Savior Jesus Christ.

These Terms and Conditions ("Terms") outline your rights and responsibilities concerning neighbZ's services, covering all websites, domains, mobile apps, products, services, features, and marketing efforts (collectively, the "Services"). These Terms apply to residents of the United States. If you register for our Services, you become an "End User," while non-registered users are "Visitors." Regardless of your status, accessing or using our Services signifies your acknowledgment and agreement to be bound by these legally binding Terms and Conditions.

If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity. The Privacy Policy and Advertising and Cookie Policy detail the collection, use, and sharing of personal information. Some Services, such as Business Services are subject to additional terms ("Business Terms & Conditions"), which prevail over these Terms in case of inconsistency.

References to "neighbZ," "we," "us," and "our" denote the offering of our Services. Trinity Proximity Inc. (further know as the “Entity”) operates and provides the Services offered by neighbZ.

2.JOINING THE neighbZ COMMUNITY.
a. Eligibility. Use our Services if you can legally form a binding contract with neighbZ, adhering to these Terms and applicable laws. You cannot use the Services if you are a child requiring parental consent, a registered sex offender, if we previously disabled your Account, if the Services are not directed to your location, or if prohibited by law. neighbZ reserves the right to refuse registration or access for any reason.
b. Becoming an End User. To register as an End User, provide accurate information. neighbZ may reject or terminate registrations with false or inaccurate information.
c. Account Types and Access. End Users may have one Account per person. Maintain the security of your login information, promptly notify us of unauthorized use, and ensure compliance with Account-related responsibilities.
d. Permitted Activities. Use our Services for their intended purposes, as provided, and in compliance with any Supplemental Terms.

3. OUR LICENSE GRANT TO YOU.
Complying with these Terms grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services. neighbZ retains all rights in the Services.

4. RIGHTS YOU GRANT.
a. Generally. Certain Service areas permit End Users to share content ("End User Content"). You retain ownership of your End User Content.
b. License Grant to neighbZ. You grant neighbZ a non-exclusive, transferable, sublicensable, royalty-free, and global license to use your End User Content.
c. License Grant to Users. End Users grant other Users a non-exclusive license to access and use their End User Content through the Services.
d. Use of End User Content with Sponsored Content. You permit neighbZ to use your name, community, and profile information in connection with any sponsored Content, without additional compensation.
e. Feedback. Sharing Feedback with neighbZ grants an unrestricted right to use it in connection with our products and services.
f. Sharing Content. Use our sharing features to share Content from neighbZ. Unauthorized redistribution of Content, including web scraping, is prohibited.
g. Software. Using neighbZ may involve downloading software, and you accept updates to continue using the Services.

5. BEING A RESPONSIBLE, KIND, CHRIST-LIKE COMMUNITY END USER.
a. Community Guidelines. Comply with our Community Guidelines, promoting neighborly Christ-like behavior. neighbZ may limit or remove Content violating these guidelines.
b. Prohibited Conduct. Do not engage in unauthorized access, disrupt the Services, attempt security breaches, tamper with systems, engage in facial recognition, or scrape the Services. Prohibited conduct also includes attempts at prohibited behaviors.
c. Disputes Between End Users. neighbZ is not responsible for End User actions. End Users are solely responsible for their conduct, and neighbZ is released from disputes between End Users.
d. Community Moderation. neighbZ may provide moderation tools to End Users but is not responsible for their actions. Moderation actions are at neighbZ's discretion.

6. END USER TRANSACTIONS.
a. Products and Services Offered by End Users. End Users are responsible for their decisions on the Services. neighbZ does not own, promote or sell listed products or services offered by End Users. Any contract is between the offering and seeking End Users.
b. Engaging Other End Users. neighbZ does not monitor, control, or endorse End Users. neighbZ is not an employer, agent, or representative for End Users or service providers.
c. Prohibited Transactions. Do not use the Services for unauthorized employment or commercial solicitation. Do not collect End User information without consent.
d. neighbZ as a Venue. neighbZ is not involved in End User interactions, transactions, or disputes. neighbZ may remove listings at its discretion.

7. NOTIFICATION PREFERENCES.
Notifications. By default, you will receive notifications related to your Services use. Adjust your preferences in your profile and/or settings.

8. BUSINESS OR OTHER END USER PROMOTIONS.
Promotions offered from Businesses or other End Users may have additional and separate terms and conditions. Participate with caution, reviewing specific promotion terms offered by the Business or End User and their own privacy policy and/or terms & conditions that are separate from and not represented by neighbZ. Business or End User promotion terms prevail if in conflict with these Terms and Conditions or the Privacy Policy.

9. THIRD-PARTY SITES AND SERVICES.
Our Services may include connections to external websites, promotions, or activities that are not owned or managed by neighbZ. We neither endorse nor assume responsibility for the content, products, or services offered by these third parties. Accessing any external website or engaging with third-party content through neighbZ is at your own discretion and risk. Please be aware that you might be subject to the terms and conditions of external websites beyond our control. neighbZ disclaims any liability arising from your interaction with or use of any third-party websites or services.

10. CHANGES TO OUR SERVICE.
neighbZ reserves the right to introduce new features, modify existing services, or discontinue certain features without prior notice. Whether we enhance our Services or make changes, your only recourse, if dissatisfied, is to cease using the affected features or discontinue use of neighbZ altogether.

11. RESTRICTIONS FROM OUR LICENSORS.
Certain information and services provided by neighbZ may be licensed from or supported by third parties. Your use of these Services is subject to the terms and disclosures imposed by these third parties.

12. INDEMNIFICATION.
By using neighbZ, you agree to indemnify and hold harmless neighbZ, its affiliates, officers, directors, employees, agents, representatives, partners, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising from your use of the Services, violation of these Terms, violation of applicable laws, infringement of another party’s rights, interactions with other End Users, or content you submit. This indemnification obligation survives the termination of your account or access to the Services.

13. DISCLAIMERS; LIMITATION OF LIABILITY.
a. Disclaimers; No Guarantees. Your use of neighbZ and its content is at your own risk. neighbZ provides its Services on an "AS IS" and "AS AVAILABLE" basis. neighbZ Entity expressly disclaim all warranties, representations, and conditions, whether expressed or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. neighbZ Entity makes no warranty regarding the completeness, accuracy, availability, timeliness, security, or reliability of the Services.
b. Liability Limits. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE neighbZ ENTITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. neighbZ Entity's aggregate liability is limited to the greater of the total amount paid by you for the Services during the six-month period preceding the claim or one hundred U.S. dollars ($100).
c. No Liability for End User Conduct. You are solely responsible for your interactions with other End Users. neighbZ does not verify the statements of its End Users and disclaims any liability for the quality of goods or services offered by third parties through the Services.
d. neighbZ Is Not a Financial Advisor. neighbZ does not provide financial, legal, or real estate advice. neighbZ and its affiliates make no representations or warranties regarding the existence, ownership, legality, suitability, or condition of any property listed on neighbZ.
e. Exclusion of Damages. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
f. Basis of the Agreement. The limitations of damages set forth above are fundamental elements of the agreement between the neighbZ Entity and you.

14. DISPUTE RESOLUTION.
In case of a dispute with neighbZ, we encourage you to contact us to resolve the issue informally before pursuing other avenues, including arbitration as detailed in Section 16(a) below.

15. END USER ACCOUNT DELETION REQUEST.
End users may request to have their account deleted from the neighbZ platform at anytime. End User account deletion will completely remove all End User data from the neighbZ platform and cannot be recovered. To perform a full account deletion, End Users must open their account profile and click "Delete Account". End Users may also request account deletion by contacting neighbZ directly at the information located below.

16. GENERAL.
a. Term and Termination. These Terms remain in effect from your acceptance date and continue as long as you use neighbZ unless terminated earlier in accordance with these Terms.
i. Termination by You. You can terminate these Terms by deactivating your account and discontinuing use of the Services.
ii. Termination by neighbZ. neighbZ may suspend, terminate, delete, or deactivate your account or discontinue Services at any time, with or without notice, and without liability. This is the sole discretion of neighbZ.
iii. Survival. Sections 4 (Rights You Grant), 12 (Indemnification), 13 (Disclaimers; Limitation of Liability), 14 (Dispute Resolution), 15 (General), and 16 (Jurisdiction Specific Provisions) survive termination.
b. End User Support. For assistance email us at help-at-neighbZ.com
c. Infringement. To report copyright infringement on neighbZ, contact us by direct Mail: Trinity Proximity Inc d/b/a/ neighbZ, 18291 North Pima Road Suite 110 Box 269, Scottsdale Arizona 85255, or Email: help-at-neighbZ.com
d. Integration. These Terms, including any other referenced policies, constitute the entire agreement, superseding any other agreements or understandings.
e. Updates. neighbZ may amend these Terms and Conditions and any referenced policies. Changes are effective immediately for new End Users. Continued use of neighbZ of any existing End Users after changes constitutes user acceptance. Disagreement requires discontinuation of Services and account deletion.
f. Notices. Written notices to neighbZ must be sent using contact information provided above. Notices are deemed given upon delivery by mail, or valid email transmission.
g. No Agency. These Terms do not establish an agency, partnership, joint venture, employment, or franchise relationship between you and neighbZ.
h. Miscellaneous. The United States English version of these Terms is binding, with any other translations for convenience only. Assignment of rights or obligations requires written consent. Unenforceable provisions are severed without affecting remaining provisions.
i. Compliance with Sanctions. You warrant that you and the related entity are not subject to financial, economic, or trade sanctions.

17. BINDING ARBITRATION AND CLASS WAIVER; JURISDICTION-SPECIFIC PROVISIONS.
a. United States Note: neighbZ is only available for End Users within the United States of America. By using neighbZ you affirm that you are located within the United States.
i. Governing Law. Texas law governs these Terms. Claims not subject to arbitration are resolved exclusively in the Texas County of Hopkins or the U.S. District Court for the Northern District of Texas or the Northern Superior Court of Texas.
ii. Arbitration Agreement. Disputes not subject to mandatory arbitration are resolved individually, except small claims, emergency equitable relief, or claims not subject to arbitration as specified.
iii. Arbitration Rules and Forum. The arbitration is governed by NAM's Comprehensive Arbitration Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms/ . The FAA applies.
iv. Authority of Arbitrator. The arbitrator decides the scope and enforceability of this Arbitration Agreement and resolves related disputes.
v. Waiver of Jury Trial. You and neighbZ waive the right to a trial by jury.
vi. Waiver of Class Relief. All claims and disputes are arbitrated individually; no class or collective arbitration is allowed.
vii. 30-day Right to Opt Out. You may opt out within 30 days by notifying help-at-neighbZ.com. Opting out has no effect on other Terms.
viii. Severability. If any part is invalid, it is severed without affecting the remaining Arbitration Agreement.
ix. Survival. The Arbitration Agreement survives termination.
x. Material Changes. You accept changes unless you opt out within 30 days as specified.
xi. Data Transfer. Data transfer complies with applicable laws. Review our Privacy Policy and contact us with questions.