Terms of Use

The following describes the terms under which NeighborDeals offers you access to our sites, services, applications and tools.

Introduction

Welcome to NeighborDeals. By using NeighborDeals (including NeighborDeals and its related sites, services, applications and tools), you agree to the following terms and the general principles for the sites of our subsidiaries. If you reside in the United States you are contracting with NeighborDeals Inc.

This Agreement is effective upon acceptance for new users. For current users, this Agreement is effective March 26, 2013 and supersedes all previous versions of the NeighborDeals User Agreement. You accept this User Agreement by clicking the Submit button when registering a NeighborDeals account; accessing or using NeighborDeals’ sites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.

Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B [“Agreement to Arbitrate”]). Unless you opt-out: (1) you will only be permitted to pursue claims against NeighborDeals on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.

Scope

Before you may become a member of NeighborDeals, you must read and accept all of the terms in, and linked to, this User Agreement and the NeighborDeals Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use NeighborDeals sites, services or applications, or when you use the tools that are made available to interact with NeighborDeals sites and services. Some NeighborDeals sites, services, applications and tools may have additional or other terms, agreements or policies that govern their availability and use. Your use of and access to such sites, services, applications and tools are subject to any and all terms, agreements or policies applicable to them.

Using NeighborDeals

While using NeighborDeals sites, services, applications and tools, you will not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • violate any laws, third party rights or our policies;
  • use our sites, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made or you cannot reach the seller;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot reach the buyer;
  • manipulate the price of any item or interfere with other users’ listings;
  • circumvent or manipulate our fee structure, the billing process or fees owed to NeighborDeals;
  • post false, inaccurate, misleading, defamatory or libelous content;
  • take any action that may undermine any feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to NeighborDeals);
  • circumvent any NeighborDeals policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
  • transfer by any manner any NeighborDeals application or your NeighborDeals account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm NeighborDeals, or the interests or property of NeighborDeals users;
  • export or re-export any NeighborDeals applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify or distribute rights or content from the NeighborDeals sites, services, applications or tools or NeighborDeals’ copyrights and trademarks;
  • commercialize any NeighborDeals application or any information or software associated with such application; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing NeighborDeals

NeighborDeals and its community of users (the “Community”) work together to keep our sites, services, applications and tools working properly and the Community safe. Please report problems, offensive content and policy violations to us.

NeighborDeals works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify NeighborDeals.

Without limiting other remedies, we may, in our sole discretion, limit, suspend or terminate our services and user accounts, prohibit access to our sites, services, applications and tools, and their content, delay or remove hosted content and take technical and legal steps to keep users from using our sites, services, applications or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. (For example, conducting off-NeighborDeals transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users.) We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue NeighborDeals sites, services, applications or tools.

Buyer Protection

Buyers and sellers share the responsibility for ensuring purchases made on NeighborDeals are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the NeighborDeals Buyer Protection Policy with respect to claims made under NeighborDeals’ Buyer Protection Policy. NeighborDeals Buyer Protection covers only claims filed in accordance with the NeighborDeals Buyer Protection Policy, not claims filed with PayPal. NeighborDeals Buyer Protection will not cover claims for which the buyer has initiated another form of resolution processing, including credit card chargebacks (if the buyer paid by credit card) or PayPal Buyer Protection claims (if the buyer paid by PayPal). We may suspend the NeighborDeals Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

We require NeighborDeals sellers to comply with our Buyer Protection resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer opens with NeighborDeals under the NeighborDeals Buyer Protection Policy. If we resolve a dispute in the buyer’s favor, we will attempt to reimburse the buyer by reversing the funds from the seller’s PayPal account used in the transaction. If that is not possible, we will refund the buyer up to the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. We may place the reimbursement amount on the seller’s invoice and charge the seller’s automatic payment method on file with NeighborDeals, if any, for such reimbursement amount. Without limiting the foregoing, sellers may not have to reimburse us for a NeighborDeals Buyer Protection claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the NeighborDeals Buyer Protection Policy.

Holds

To protect against the risk of liability, NeighborDeals has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category or the filing of a NeighborDeals Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.

Cross-Border Trade

Many of our sites, services, applications and tools are accessible to international sellers and buyers. We may offer certain programs, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion.

Some NeighborDeals members may reside outside of the United States and some may not speak English as a primary language. To assist users who speak different languages, we may translate listings and other NeighborDeals content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, applications or tool involved, using the functionality built into such site, service, applications or tool. We also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a NeighborDeals user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.

In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of NeighborDeals’ international sites. Using various tools, services and experiences, we may display your listing on an NeighborDeals site other than the NeighborDeals site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on a NeighborDeals site other than your NeighborDeals site of registration, you agree to be subject to that other site’s policies.

Fees and Services

Joining NeighborDeals and posting basic Classified Ads are free. We do charge fees for using other services, such as highlighting items and/or posting advertisements. The fees we charge for using our services are listed on our Fees Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you notice by posting the changes on www.NeighborDeals.com. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.

Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications and tools until full payment is made. NeighborDeals, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments or other defaults on your account may be reflected in your credit report. If you wish to dispute the information NeighborDeals reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at NeighborDeals Inc., c/o NeighborDeals Services, 3857 Birch Street, #606, Newport Beach, CA 92660. If you wish to dispute the information a collection agency reported to a credit bureau regarding your NeighborDeals account, you must contact the collection agency directly.

Authorization to Contact You; Recording Calls

You agree to receive calls, including autodialed and/or pre-recorded message calls, from NeighborDeals at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device.

You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute or to otherwise enforce our User Agreement) or as authorized by applicable law.
  • To contact you for marketing, promotional or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Preferences.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the NeighborDeals corporate family and/or our affiliates for their use, as authorized under our Privacy Policy. Members of the NeighborDeals corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages if you have requested their services. For more information on the NeighborDeals corporate family, please visit www.NeighborDeals.com/about.

Content

When providing us with content or posting content on NeighborDeals’ sites, services, applications and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including NeighborDeals users). You may use catalog content solely in connection with your NeighborDeals listings during the time your listings are on NeighborDeals’ sites.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up to date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all NeighborDeals policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Learn how to submit a notice to NeighborDeals.

Disclaimer of Warranties; Limitation of Liability

We try to keep NeighborDeals and its sites, services, applications and tools safe, secure and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Deal updates and other notification functionality in NeighborDeals applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold NeighborDeals responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our sites, services and tools;
  • Delays or disruptions in our sites, services, applications or tools;
  • Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, services, applications, or tools linked to our sites, services, applications or tools;
  • Glitches, bugs, errors or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
  • Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;
  • The content, actions or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties or the destruction of allegedly fake items;
  • A suspension or other action taken with respect to your account;
  • The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
  • NeighborDeals’ decision to end or remove your listing(s);
  • Your need to modify practices, content or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. NeighborDeals reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You acknowledge that we are not part of the transaction. Instead, our sites are venues to allow users to offer, sell and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the NeighborDeals Buyer Protection Policy up to the price the item sold for on NeighborDeals (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Access and Interference

NeighborDeals’ sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to NeighborDeals by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) from our sites, services, applications or tools without the prior express written permission of NeighborDeals and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites, services, applications, or tools or any activities conducted on or with our sites, services applications or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Listing Conditions

By listing an item on NeighborDeals’ sites, you agree to pay NeighborDeals’ fees, to assume full responsibility for the content of the listing and item offered and to accept the following listing conditions: When you list an item on NeighborDeals sites, your listing will be posted on NeighborDeals sites and can be viewed in NeighborDeals. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so NeighborDeals can’t guarantee exact listing durations.

NeighborDeals’ duplicate listing policy may also affect whether your listing appears in search results. NeighborDeals reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, deal type, keywords, price, feedback and detailed seller ratings. You can read more about where your listings appear in search and browse results in NeighborDeals’ FAQs.

Purchase Conditions

You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy or deal. Unless otherwise stated, by making a bid or commitment to buy an item on NeighborDeals, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

We do not transfer legal ownership of items from the seller to the buyer. Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the NeighborDeals Privacy Policy. We view protection of users’ privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the NeighborDeals Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of NeighborDeals’ sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on NeighborDeals’ national registered agent (in the case of NeighborDeals) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your NeighborDeals Profile. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes

You and NeighborDeals agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the NeighborDeals User Agreement (hereafter “User Agreement” in this section entitled “Legal Disputes”), your use of or access to NeighborDeals’ sites, services, applications and tools, or any products or services sold or purchased through NeighborDeals’ sites, services, applications or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how any claims you and we have against each other are resolved.

A. Applicable Law

You agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and NeighborDeals, except as otherwise stated in the User Agreement.

B. Agreement to Arbitrate

You and NeighborDeals each agree that any and all disputes or claims that have arisen or may arise between you and NeighborDeals relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to NeighborDeals’ sites, services, applications and tools, or any products or services sold or purchased through NeighborDeals’ sites, services, applications or tools 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.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND NEIGHBORDEALS 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 OR PROCEEDING. UNLESS BOTH YOU AND NEIGHBORDEALS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NEIGHBORDEALS USERS.

2. 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 the User Agreement 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 the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: NeighborDeals, Inc. c/o Neighbordeals Services

3857 Birch Street, #606, Newport Beach, CA 92660

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or NeighborDeals may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and NeighborDeals subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or NeighborDeals, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, 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 NeighborDeals users, but is bound by rulings in prior arbitrations involving the same NeighborDeals user 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.

3. 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. If the value of the relief sought is $10,000 or less, at your request, NeighborDeals will pay all filing, administration and arbitrator fees associated with the arbitration. Any request for payment of fees by NeighborDeals should be submitted by mail to the AAA along with your Demand for Arbitration and NeighborDeals will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NeighborDeals will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse NeighborDeals for all fees associated with the arbitration paid by NeighborDeals on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

4. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.

5. Opt-Out Procedure

IF YOU ARE A NEW NEIGHBORDEALS USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO NEIGHBORDEALS INC., c/o ERIC CHESS BRONK,, 3857 BIRCH ST., #606, NEWPORT BEACH CA, 92660

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the NeighborDeals account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Changes to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against NeighborDeals prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and NeighborDeals. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.NeighborDeals.com at least 30 days before the effective date of the changes and by providing notice through the NeighborDeals Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.

Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.NeighborDeals.com, and shall not be effective as to any claim that was filed in a legal proceeding against NeighborDeals prior to the effective date of termination.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above 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 NeighborDeals must be resolved exclusively by a state or federal court located in Carson County, Nev. You and NeighborDeals agree to submit to the personal jurisdiction of the courts located within the County of Carson, State of Nevada for the purpose of litigating all such claims or disputes.

Additional Terms

You agree to abide by all policies posted on our sites. Such policies (including, but not limited to the following) are part of this User Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • Outage Policy
  • Prohibited and Restricted Items
  • Discussion Boards Usage Policy
  • Rules for Listings
  • How to Report Inappropriate Buying and Selling
  • Real Estate Policy
  • Community Content Policy (covers Reviews, Guides, Blog Entries, Wiki Articles and Member-Created Product Descriptions)
  • NeighborDeals Groups Guidelines
  • Rules about Intellectual Property
  • NeighborDeals Buyer Protection Policy
  • Fees for Selling on NeighborDeals
  • Mobile Device: Additional End User License Terms
  • International Selling Policy

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the NeighborDeals sites. When using particular NeighborDeals services, applications or tools, you are subject to any posted policies or rules applicable to services, applications or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.NeighborDeals.com. Our right to amend the User Agreement includes the right to modify, add to or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the NeighborDeals Message Center and/or by email. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.

This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.