Neighborhood-Demographics.com's Terms and Conditions of Service

Last Revision on August 8th, 2011

Welcome to Neighborhood-Demographics.com. ("Neighborhood-Demographics.com"). By using Neighborhood-Demographics.com's Web site, related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of service ("Terms of Service").

1. ACCEPTANCE OF TERMS

Use of this website is governed by the terms and conditions described below. Please read them carefully. Your use of this website indicates your acceptance of these terms and conditions. Neighborhood-Demographics.com reserves the right to make modifications to these Terms & Conditions of Service at any time and without notice to users. You accept the obligation to review these Terms & Conditions of Service prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Service are referred to hereafter as the "Agreement". In addition, when using particular Neighborhood-Demographics.com owned or operated services, you and Neighborhood-Demographics.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines and/or rules are hereby incorporated by reference into the Agreement.

2. DESCRIPTION OF SERVICE

The term Service shall mean the Internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and other information of any kind that are accessible through the Neighborhood-Demographics.com web application, which application is currently located at various URLs owned and operated by Neighborhood-Demographics.com, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of Service shall include all correspondence, email, or data sent by Neighborhood-Demographics.com personnel or agents.

You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from Neighborhood-Demographics.com, such as service announcements, administrative messages and various emails, which may include attachments. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Neighborhood-Demographics.com properties, shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that Neighborhood-Demographics.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. OWNERSHIP

3.1 Proprietary Information. User acknowledges and agrees that: (i) the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by Neighborhood-Demographics.com and its third party content providers ("Content Providers"), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Neighborhood-Demographics.com; (iii) the Proprietary Information is licensed, rather than sold, to User pursuant to this Agreement; and (iv) User has no rights in the Proprietary Information, other than the rights and licenses granted to User pursuant to this Agreement. Neighborhood-Demographics.com may disclose additional information to User in the form of upgrades, documentation or other support during the term of this Agreement and User agrees that such information shall also be deemed Proprietary Information.

3.2 Confidentiality. User hereby acknowledges that Neighborhood-Demographics.com may disclose to User, as part of or in conjunction with Proprietary Information, valuable confidential information of Neighborhood-Demographics.com. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User's employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User's own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User's possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by Neighborhood-Demographics.com without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.

3.3 Competitive Services. User is prohibited from, and shall not, develop, market or sell any Competitive Service based on or derived in any way from Proprietary Information or from the benefits of know-how resulting from access to or work with Neighborhood-Demographics.com's confidential information. The term "benefits of know how" means information in non-tangible form which may be retained by persons who have had access to the Confidential Information, including ideas, concepts, know how or techniques contained therein.

4. PERSONAL USE

You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.

5. RESTRICTIONS AND ADDITIONAL TERMS

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

5.1 Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Neighborhood-Demographics.com, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches International, National, Federal, State, City, County, or Town laws or any other policy or notice on the Services.

5.2 Automated Queries. These Terms of Service do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users. Neighborhood-Demographics.com reserves the right to restrict automated queries further, for example, by correspondence to parties making queries and/or by use of robots.txt.

5.3 Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use.

5.4 Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html

5.5 Calls. The Services may provide phone numbers that can connect you with Neighborhood-Demographics.com, its service providers, or other third parties, such as real estate agents and mortgage brokers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Neighborhood-Demographics.com or through a Calling Service, you consent to such recording and monitoring. Neighborhood-Demographics.com will treat recorded calls in accordance with its Privacy Policy.

6. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Neighborhood-Demographics.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Neighborhood-Demographics.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

7. NEIGHBORHOOD-DEMOGRAPHICS.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Neighborhood-Demographics.com and its affiliates. For more information, see our full privacy policy at http://neighborhood-demographics.com/privacy-policy.html.

8. USER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Neighborhood-Demographics.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Neighborhood-Demographics.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

9. USER CONDUCT

You understand that all information, data, text, photographs, graphics, video, maps, messages, tags, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that you, and not Neighborhood-Demographics.com, are entirely responsible for all Content that you make available via the Service. Neighborhood-Demographics.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Neighborhood-Demographics.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.

You agree to not use the Service to:

  1. make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Neighborhood-Demographics.com official, falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as forums) that are designated for such purpose (please read our complete spam policy located at http://neighborhood-demographics.com/spam-policy.html)
  8. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law;

You acknowledge that Neighborhood-Demographics.com may or may not pre-screen Content, but that Neighborhood-Demographics.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service, including, but not limited to, for sale listings and photographs. Without limiting the foregoing, Neighborhood-Demographics.com and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Neighborhood-Demographics.com or submitted to Neighborhood-Demographics.com, including without limitation information in Neighborhood-Demographics.com forums and in all other parts of the Service.

You acknowledge, consent and agree that Neighborhood-Demographics.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Neighborhood-Demographics.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Neighborhood-Demographics.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

10. MATERIALS YOU PROVIDE; ACCOUNT USE; PRIVACY

For materials you post or otherwise provide to Neighborhood-Demographics.com or in connection with the Services (your "Submission"), you grant Neighborhood-Demographics.com an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Neighborhood-Demographics.com will not pay you for your Submission. Neighborhood-Demographics.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Neighborhood-Demographics.com the rights in this paragraph and that the Submission complies with Section 2(a) above. You may not share your Neighborhood-Demographics.com user account with others. You are responsible for all actions taken via your account. Neighborhood-Demographics.com will treat your use of the Services in accordance with its Privacy Policy.

11. INTERSTATE NATURE OF COMMUNICATIONS ON NEIGHBORHOOD-DEMOGRAPHICS.COM NETWORK

When you register with Neighborhood-Demographics.com, you acknowledge that in using Neighborhood-Demographics.com services to send electronic communications (including but not limited to search queries, uploading photos and files to Neighborhood-Demographics.com, and other Internet activities), you will be causing communications to be sent through Neighborhood-Demographics.com's computer networks, portions of which are located in New York and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Neighborhood-Demographics.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Neighborhood-Demographics.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Neighborhood-Demographics.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  • With respect to photos and graphics you submit or make available for inclusion on the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Neighborhood-Demographics.com removes such Content from the Service.
  • With respect to Content other than photos or graphics you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

14. INDEMNITY

You agree to indemnify and hold Neighborhood-Demographics.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

15. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Neighborhood-Demographics.com User ID or password), use of the Service, or access to the Service.. Unless otherwise agreed with Neighborhood-Demographics.com in writing, your user ID and password is for the use of one and only person, you.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Neighborhood-Demographics.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Neighborhood-Demographics.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Neighborhood-Demographics.com reserves the right to log off accounts that are inactive for an extended period of time or exceed Neighborhood-Demographics.com's usage limits, which are determined at the sole discretion of Neighborhood-Demographics.com. You further acknowledge that Neighborhood-Demographics.com reserves the right to modify these general practices and limits from time to time.

17. CHANGES; DISCONTINUANCE

Neighborhood-Demographics.com reserves the right to change the Terms of Service, and you are responsible for regularly reviewing these Terms of Service. Your continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to any such changes. Neighborhood-Demographics.com may suspend or discontinue the Service at any time to you and/or to others, without notice.

18. MODIFICATIONS TO SERVICE

Neighborhood-Demographics.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Neighborhood-Demographics.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

19. REAL ESTATE LICENSES

Neighborhood-Demographics.com is not a licensed real estate broker. Neighborhood-Demographics.com does not act as a real estate agent for you or any other user.

20. TERMINATION

You agree that Neighborhood-Demographics.com may, under certain circumstances and without prior notice, immediately terminate your Neighborhood-Demographics.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Neighborhood-Demographics.com account includes (a) removal of access to all offerings within the Service, including but not limited to Neighborhood-Demographics.com Property Reports, Comparable Sales, Foreclosures, Pre-Foreclosures, Photographs, Phone Numbers, and Maps, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Neighborhood-Demographics.com's sole discretion and that Neighborhood-Demographics.com shall not be liable to you or any third party for any termination of your account or access to the Service.

21. ADVERTISING

Neighborhood-Demographics.com business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Neighborhood-Demographics.com may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

22. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Neighborhood-Demographics.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

23. LINKED MATERIALS

The Service may provide, or third parties may provide, links to other World Wide Web sites, products, services or other resources. Because Neighborhood-Demographics.com has no control over such sites and resources, you acknowledge and agree that Neighborhood-Demographics.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Neighborhood-Demographics.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

24. NEIGHBORHOOD-DEMOGRAPHICS.COM'S PROPRIETARY RIGHTS

The Service may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Neighborhood-Demographics.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with this Agreement.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Neighborhood-Demographics.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Neighborhood-Demographics.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Neighborhood-Demographics.com for use in accessing the Service.. You agree not to access or copy any portion of the Service through any automated viewing and downloading systems..

The Service is the property of Neighborhood-Demographics.com, and subject to the intellectual property rights of Neighborhood-Demographics.com and its licensors. ©2011 Neighborhood-Demographics.com. All rights reserved. Neighborhood-Demographics.com, Neighborhood-Demographics, the Neighborhood-Demographics.com logo are trademarks and/or registered trademarks of Neighborhood-Demographics.com in the United States and/or other countries. You may not use any of Neighborhood-Demographics.com's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.

25. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEIGHBORHOOD-DEMOGRAPHICS.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NEIGHBORHOOD-DEMOGRAPHICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE AND NON-INFRINGEMENT.
  2. NEIGHBORHOOD-DEMOGRAPHICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEIGHBORHOOD-DEMOGRAPHICS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

26. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEIGHBORHOOD-DEMOGRAPHICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEIGHBORHOOD-DEMOGRAPHICS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) BREACH OF CONTRACT; (vi) BREACH OF WARRANTY; (vii) NEGLIGENCE; OR (viii) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST NEIGHBORHOOD-DEMOGRAPHICS.COM OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF SERVICE OR THE SERVICES PROVIDED BY NEIGHBORHOOD-DEMOGRAPHICS.COM, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

27. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or real estate transactions, please read the above Sections 18 and 19 again.. They are especially relevant to you. .In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing or real estate transaction purposes. Neighborhood-Demographics.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment or real estate transaction decisions based on such information.

28. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

29. NOTICE

Neighborhood-Demographics.com may provide you with notices, including those regarding changes changes to the Agreement, by email, regular mail or postings on the Service.

30. TRADEMARK INFORMATION

The Neighborhood-Demographics.com and Neighborhood-Demographics.com logo trademarks and service marks and other Neighborhood-Demographics.com logos and product and service names are trademarks of Neighborhood-Demographics.com. (the "Neighborhood-Demographics.com Marks"). Without Neighborhood-Demographics.com's prior permission, you agree not to display or use in any manner the Neighborhood-Demographics.com Marks.

31. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Neighborhood-Demographics.com respects the intellectual property of others, and ask that everyone using the Service do the same. Neighborhood-Demographics.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been reproduced on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, may notify Neighborhood-Demographics.com's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a detailed description of where it is located on the Service so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information in your Notice is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Neighborhood-Demographics.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Attention: Copyright Agent
c/o Neighborhood-Demographics.com
145 North Field Avenue
Dobbs Ferry, NY 10522
By email: copyright@neighborhood-demographics.com
If you give notice of copyright infringement by text e-mail, Neighborhood-Demographics.com's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

32. ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWS

You agree that you are solely responsible for your use of Neighborhood-Demographics.com, including names, addresses, and telephone numbers. You agree that you are aware of any local, state, and federal laws regarding the use of such information, including but not limited to privacy, do-not-mail, and do-not-call statutes, and you shall observe all such laws. You agree to indemnify and hold Neighborhood-Demographics.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless for any breach of such laws on your part.

33. GENERAL INFORMATION

33.1. Entire Agreement. The Agreement constitutes the entire agreement between you and Neighborhood-Demographics.com and governs your use of the Service, superseding any prior agreements between you and Neighborhood-Demographics.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Neighborhood-Demographics.com services, affiliate services, third-party content or third-party software.

33.2. Choice of Law and Forum; Disputes. The Agreement and the relationship between you and Neighborhood-Demographics.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Neighborhood-Demographics.com agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Westchester County, New York for any and all disputes, claims and actions arising from or in connection with the Service and/or these Terms of Service. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

33.3. Waiver and Severability of Terms. The failure of Neighborhood-Demographics.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

33.4. No Right of Survivorship and Non-Transferability. You agree that your Neighborhood-Demographics.com account is non-transferable and any rights to your Neighborhood-Demographics.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

33.5. Statute of Limitations. 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 the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

33.6. Miscellaneous. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

All Services used by the U.S. Government are provided with the commercial license rights described herein.

Partial If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect.

The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.

Neighborhood-Demographics.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service, or assign, transfer or sublicense your rights, if any, in the Service.

Neighborhood-Demographics.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Service constitute the entire agreement between you and Neighborhood-Demographics.com with respect to the Service and supersede all prior or contemporaneous communications of any kind between you and Neighborhood-Demographics.com with respect to the Service.

34. VIOLATIONS

Please report any violations of the Agreement to our Customer Service group at contact@neighborhood-demographics.com.