Terms and Conditions

1. Introduction

1.1 Contract

This document sets out the terms and conditions (“Terms”) for your use of:

1) the Neybor (“Neybor, “us” “we” or “our”) application(App) and 

2) the Neybor website, and other services that state that they are offered under this Contract (“Services”)

Neybor App facilitates the voluntary exchange of goods and services through the Platform.

Please read these terms carefully before using the App.

By using our Services, you agree to all of the terms of this contract. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Log In”, “Register”, “Join Now”, “Join Neybor”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Neybor (even if you are using our Services on behalf of a company). 

If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

1.2 Registration

In order to use the App, including publish posts, create or accept help requests, browse items or complete a transaction within the App, you will have to first complete the registration form and set up an account as an Neybor User (Account)

All registered Users are able to use the App, both to request for help and to accept to provide help to and from other Users, and are subject to these Terms as applicable.

When you register with Neybor you will be asked if you agree to these Terms and agree to your personal data being used in accordance with our Privacy Policy.

Neybor may give you the opportunity to invite friends by email, SMS, Facebook or WhatsApp to join the App. Neyboris not liable for any communication that you make via such third-party applications, websites or other forms of media. 

Without prejudice to any other rights and remedies available to Neybor, we reserve the right to promptly disable your Login Details and suspend your access to the App in the event that we have any reason to believe you have breached any of the provisions in these Terms.

Notwithstanding the foregoing, Neybor reserves the right to:

1) accept or reject your application to register for any reason; and

2) suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions in these Terms.

No action or inaction on the part of Neybor to exercise its rights shall be taken as an acceptance of any actions or inactions on your part.

Services

This Contract applies to Neybor App, Neybor-branded Apps, and other Neybor-related sites, Apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. 

Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both Users and Visitors.

Neybor

You are entering into this Contract with Neybor (also referred to as “we” and “us”).

This Contract applies to Users and Visitors.

As a Visitor or User of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.3 Users and Visitors

When you register on Neybor or become a registered user of any of our Services, you become a User. If you have chosen not to register for our Services, you may access some features as a “Visitor.”

1.4 Change

We may modify or make changes to this Terms and Conditions Contract, our Privacy Policy and our Cookies Policies from time to time. 

When we make changes that are material changes, we will notify you through our Services, or by other means, to giveyou the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Warranties

2.1 Service Eligibility

By using our Services, you warrant that:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 13(Minimum Age).

To use the Services, you agree that: 

(2.1.1) you are the “Minimum Age” or older;

(2.1.2) the information you have provided to Neybor is true, accurate and correct, and that you shall promptly notify Neybor if there are any changes to such information

(2.1.3) you are not in any way prohibited by the applicable law in your current jurisdiction to enter into these Terms for the use of our Services.

(2.1.4) you are not already restricted by Neybor from using the Services. 

Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13.

“Minimum Age” means 13 years old. However, if law requires that you must be older in order for Neybor to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You will not share your password with anyone.

You are the sole user of your account and you will follow our terms and conditions as well as the law.

As a User and account holder, you confirm that you will: 

(2.2.1) try to choose a strong password; 

(2.2.2) keep your password secure and confidential; 

(2.2.3) not share or transfer any part of your account and 

You accept responsibility for everything that happens through your account unless you close it or report misuse immediately a violation or abuse occurs.

2.3 Payment

You agree that you will fulfil your payment obligations and that it is okay for us to store your payment information. You understand that there may be additional fees and taxes to our prices.

We do not provide refunds. Purchase of Premium Services and Advertisements are final. 

If you donate or purchase any of our paid Services (“Premium Services”) or Advertisements, you agree to the additional terms of the specific paid Service. You also agree to pay us the full price and all other applicable fees and taxes. Your failure to pay these fees will result in the termination of your paid Services. 

Also, you understand and agree that:• Your donation / purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).• We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.• If you purchase a subscription, we will automatically charge your payment method at the start of each subscription period for the applicable fees and taxes. If you choose to cancel your subscription, you must cancel before the renewal date to avoid future charges. • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

A copy of your invoice will be provided to you through your Neybor account.

2.4 Notices and Messages

You accept and agree that we may send notices and messages to you through the following means:1) our websites, Apps, and other Services2) the contact information you have provided to us (e.g., email, mobile number, physical address).3) . You will keep your contact information current to avoid missing out on important notices.

2.5 Sharing

You acknowledge that when you share information on our Services, other Users and Visitors can see, copy and use that information.

Neybor App and our other Services allow messaging and sharing of information in various ways, including throughyour profile, posts, links to news articles, volunteer opportunity postings, mails and blogs. Information and content that you share or post may be seen by other Users, Visitors or others (including off of the Services). Where we have made settings available, we will respect the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Neyborconnections, restricting your profile visibility from others, or opting not to notify others of your Neybor profile update). 

We reserve the right to publish or not publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to Neybor

You retain ownership all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.

You and Neybor agree that you own the content and information that you submit or post to the Services, however you hereby grant to Neybor and our affiliates the following non-exclusive license:

A global, assignable, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. 

These rights are limited in the following ways:1. This license can end for specific content when you deletesuch content from our Services, or end in general when you close your account, except (a) where you have shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.3. Prior to giving others the right to publish your content beyond our Services, we will get your consent. However, if you choose to share your post as “public”, we will enable a feature that allows other Users to embed that public post onto third-party services, and we permitsearch engines to make that public content findable though their services. 4. We may edit and make format changes to your content (including modifying the size and or layout, translating it, changing file type or removing metadata), however, we will not materially modify or alter the meaning of your expression.5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and Neybor agree that if content includes personal data, it is subject to our Privacy Policy.

In line with your choices (including settings), the terms of this agreement and the terms of the Privacy Policy, You and Neybor hereby agree that we may access, store, process and use any information and personal data that you provide.

By submitting suggestions or other feedback regarding our Services to Neybor, you agree that Neybor can use and share (but does not have to) such feedback for any purpose without compensation to you.

You guarantee us that you have the right to share allinformation and content that you provide and that your Neybor profile will be truthful.

You also agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Neybor may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or terminate any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Neybor is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Neyborgenerally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Users have choices about this feature.

You are responsible for deciding if you want to access or use third-party Apps or sites that link from our Services. If you allow a third-party App or site to authenticate you or connect with your Neybor account, that App or site can access information on Neybor related to you and your connections. Third-party Apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Neybor is not responsible for these other sites and Apps – use these at your own risk. Please see our Privacy Policy.

3.4 Limits

We have the right to limit how you connect and interact on our Services.

Neybor reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. Neybor reserves the right to restrict, suspend, or terminate your account if Neybor believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

Neybor reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Neybor, and “in” logos and other Neybortrademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Neybor.

3.6 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We will use the information and data that you provide and that we have about Users to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend volunteer opportunities to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, NEYBORAND ITS AFFILIATES (AND THOSE THAT NEYBORWORKS WITH TO PROVIDE THE SERVICES) 

(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); 

(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND 

(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

THESE ARE THE LIMITS OF LEGAL LIABILITY WE MAY HAVE TO YOU.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS NEYBOR HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), NEYBOR AND ITS AFFILIATES (AND THOSE THAT NEYBOR WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF NEYBOR AND ITS AFFILIATES (AND THOSE THAT NEYBOR WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $100.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEYBOR AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF NEYBOR OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

YOU FURTHER AGREE THAT NEYBOR DOES NOT VET OR VERIFY THE IDENTITY OF THE USERS OR SELLERS ON THE APP. CONSEQUENTLY, NEYBORDOES NOT WARRANT OR GUARANTEE:

1) THE COMPLETENESS, CORRECTNESS AND ACCURACY OF ANY USER’S PROFILE;

2) THAT ANY TRANSACTIONS MADE BY USERSARE GENUINE; OR

3) THE IDENTITY OF THE USERS USING THE APP.

4) YOU FURTHER ACKNOWLEDGE THAT NEYBOR HAS NO CONTROL OF AND THEREFORE HAS NO LIABILITY WHATSOEVER IN RESPECT OF THE BEHAVIOUR, RESPONSE AND QUALITY OF THE USERS ON THE APP.

5) NEYBOR APP PROVIDES THE PLATFORM TO CONNECT USERS WHO REQUIRE HELP, TO OTHERUSERS WHO ARE WILLING TO PROVIDE SUCH HELPTO THEM. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATION WITH, AND ANY SUBSEQUENT DEALINGS WITH, USERS. 

YOU HEREBY INDEMNIFY NEYBOR IN FULL AND ON DEMAND AGAINST ALL LOSSES, DAMAGES, COSTS, CLAIMS AND EXPENSES THAT NEYBOR INCURS (INCLUDING BUT NOT LIMITED TO SUCH LOSSES AND DAMAGES INCURRED BY NEYBOR IN RESPECT OF SICKNESS, DISEASE OR DEATH OF ANY USERARISING OUT OF OR IN CONNECTION WITH YOUR ACTS OR OMISSIONS IN THE USE OF THE PLATFORM) ARISING OUT OF OR IN CONNECTION WITH ANY OF YOUR DEALINGS WITH, OR ITEMS PROVIDED TO USERS.

5. Termination

We can each end this Contract anytime we want.

Both you and Neybor may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:• Our rights to use and disclose your feedback;• Users and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;• Sections 4, 6, 7, and 8.2 of this Contract;• Any amounts owed by either party prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

You agree that disputes between you and Neybor will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. 

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Texas in English and governed by the laws of the State of Texas, USA.

7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Neybor has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your Usership or use of Services) to anyone without our consent. However, you agree that Neybor may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Neybor “Dos and Don’ts”

8.1. Dos

Neybor is a platform for diverse persons. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.

You agree that you will:a. Obey with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;b. Provide accurate information to us and keep it updated;c. Use your real name on your profile; andd. Use the Services in a respectful manner.

8.2. Don’ts

You agree that you will not:a. promote racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;b. harass or advocate harassment of another person;c. display pornographic or sexually explicit material;d. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;e. promote any illegal activities;f. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;g. promote or publish information that you know or believe to be inaccurate, false or misleading;h. infringe on any rights of any third party (including, but not limited to, their intellectual property rights).i. Create a false identity on Neybor, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;j. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;k. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);l. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Neybor;m. Disclose information that you do not have the consent to disclose (such as confidential information of others n. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;o. Violate the intellectual property or other rights of Neybor, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Neybor” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;p. Post anything that contains software viruses, worms, or any other harmful code;q. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;r. Imply or state that you are affiliated with or endorsed by Neybor without our express consent (e.g., representing yourself as an accredited Neybor trainer);s. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Neybor’s consent;t. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Neybor’s consent;u. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;v. Monitor the Services’ availability, performance or functionality for any competitive purpose;w. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;x. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);y. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/orz. Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Users.

We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide within the App and other Services ameans for complaints concerning content posted by our Users.

10. How To Contact Us

Our Contact information. 

If you want to send us notices or service of process, please contact us at:

info@neybor.org