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Terms of Use

Welcome to Hey Neighbor! --, a Portland, Oregon free classifieds and forum portal that is intended to be a friendly, enjoyable and a useful experience for all. Hey Neighbor! acts as the window for individuals and business sellers and service providers to list classifieds, events, and other information.

Please read this agreement carefully before accessing or using the information, items and services available through Hey Neighbor! . By accessing or using Hey Neighbor! you agree to be bound by these terms of use. If you do not agree to be bound by these terms of use do not use or access our site.

If you spot a listing that you feel is violating the general terms of use please let us know. Hey Neighbor! assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.

Hey Neighbor! reserves the right to modify and vary these terms and conditions at any time.

Specific Warnings.

We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.

Hey Neighbor! shall not be responsible for any items or services sold, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. eRoom shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.

Disclaimer.

We, our officers, directors, employees and our suppliers provide this web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Liability.

In no event shall we, our offices, directors, employees or our suppliers be liable for loss of profits, loss of data, loss of business or anticipated savings or any general and special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

Indemnity.

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including legal costs and expenses, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or you violation of any law or the rights of a third party.

General.

a) All classified listings or communications shall be made in good faith.

b) You agree to accept sole responsibility for the legality of your actions under Oregon laws.

c) When listing classifieds you must specify the prices clearly in US dollars. The seller and/or the buyer (as the parties determine) are kept responsible for any tax obligations.

d) You and Hey Neighbor! are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

e) Hey Neighbor! is not a party to any trade or transaction between web site members. You agree not to involve Hey Neighbor! in any disputes that arise between you and other users.

f) When you list messages on Hey Neighbor! you agree to take full legal responsibility and liability for your comments. Offensive or defamatory statements are not permitted. Hey Neighbor! does not assume any responsibility for any of the opinions expressed or articles posted on Hey Neighbor! .

g) Hey Neighbor! does not sell or rent your personal information to other third parties. However we may release account and other personal information when we believe this is appropriate in order to comply with law. Please review our privacy policy.

User Eligibility.

a) Our services are available only to individuals who are over the age of 13. If you are under the age of 13, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

b) You are solely responsible for the information provided by you for your forum profile. Hey Neighbor! will have no liability to you if it removes all or part of your personal information for any reason.

c) Hey Neighbor! may terminate your access at anytime without providing any explanations to you, if we believe you breach these Terms of Use.

Your Conduct.

You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.

You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Without limitation, you agree to refrain from the following actions while using Hey Neighbor!

a) Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;

b) Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation, or encourage the use of controlled substances;

c) Listing advertising or solicitation in categories that is not appropriate, or listing the same item or service in more than one category or more than once every 5 days.

d) Listing adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable law;

e) Listing any advertising or message for products or services, use or sale of which is prohibited by any law or regulation;

f) Sending mail, e-mail, voice messages or faxes for solicitation of any other product, service to a user of the Site unless the user has granted permission in their ad or otherwise allowing contact for solicitation;

g) Deleting or revising any material posted by any other user;

h) Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;

i) Using any automated device, spider, software or routine which can interfere with the proper working of the Site;

j) Taking any action creating a disproportionately large usage load on the Site. Exceptions include search engines such as Google.com, Yahoo!, and the like;

k) Sending messages or engaging in disruptive activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;

l) Attempting or having unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;

m) Attempting to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of any of the Site, its content or information available from the Site without the express written consent of agents of the Site;

n) Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;

o) Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.

p) Listing free advertising promoting links to commercial services or web sites except in the services section.

r) Hey Neighbor! will not accept classifieds and/or advertising with the following subject matter:

  • Obscene material or child pornography
  • Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
  • Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Alcohol or tobacco products.
  • Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
  • Blood, bodily fluids or body parts.
  • Animals and animal parts, including the retail sales of cats and dogs.
  • Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
  • Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
  • Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
  • Stolen property or personal property with the serial number removed or altered.
  • Burglary tools, such as lock-picks or motor vehicle master keys
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, as well as equipment designed to make them.
  • Counterfeit or knock-off brand name goods.
  • Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
  • Airline tickets that restrict transfer.
  • Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.
  • Used or rebuilt batteries, or batteries containing mercury.
  • Used bedding and clothing, unless sanitized in accordance with law.
  • Non-packaged food items or adulterated food.
  • Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

Fees.

a) Listing items, services, jobs, events, etc on Hey Neighbor! is free for 30 days. Hey Neighbor! charges fees for featured listings and extended listings.

b) Our fees are available and are incorporated into this agreement by reference.

c) Unless otherwise stated, all fees charged by Hey Neighbor! are quoted in US Dollars. You are responsible for paying all fees associated with using our service and our web site and any applicable taxes.

d) Hey Neighbor! reserves the right to change some or all fees charged for any of our services at any time. We may, in our sole discretion, change or cease some or all of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service.

e) Hey Neighbor! does not offer any refunds for the early cancellation of paid sponsor ads or paid classifieds ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.

Suspend or Terminate Advertisements.

You agree that Hey Neighbor! , at its own discretion, may terminate a classified or block you use of this service immediately and without notice if:

(a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term
(c) You have listed a suspicious item.

In most cases when we suspect foul play we will suspend your account/listing while we investigate further. If our investigation is conclusive then your account with us will be terminated.

General Provisions.

System Integrity:
Hey Neighbor! does not guarantee continuous, uninterrupted or secure access to our services. Hey Neighbor! has no liability for any lack of performance, unavailability or failure of the services or the web site. The information, services and products available to you on Hey Neighbor! may contain errors and are subject to periods of interruption. While Hey Neighbor! does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site

Resolution of Disputes:
Hey Neighbor! is not a party to any sale or transaction between buyers and sellers, you agree not to involve, or attempt to involve, Hey Neighbor! in any dispute or in the resolution of disputes that arise between parties as a result of the services provided by Hey Neighbor! .

Non Waiver:
If Hey Neighbor! fails to enforce any terms or to exercise its rights under these terms and conditions at any time, Hey Neighbor! has not waived those rights.

Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law:
These terms and conditions are governed by the laws of Oregon.

Intellectual Property Rights:
a) Copyright in the material and trademarks on this Site are owned by Hey Neighbor! unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Hey Neighbor! .

b) Copyright reproduction, retransmission, or redistribution in whole or in part, or in any medium or form of content contained on the "Hey Neighbor! Portal" site is prohibited. Permission for commercial or educational usage, including electronic storage, retrieval, distribution by network or otherwise, printing and photographic reproduction may only be obtained from Hey Neighbor!.

d) All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

e) In listing content on the Site, you grant the Site, and its owners and licensees, the right to reproduce, distribute, translate, archive and create derivative works of the posted content.

f) Users may not use the Site to infringe upon the patent, copyright, trademark, or intellectual property rights of others.

g) Please notify us if you believe your work has been copied, and provide us with the following:

1. Identity of the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyright violation;
3. Identification of the URL where the infringement is located;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you made under penalty of perjury that use on the web site of the copyrighted work is not authorized by the copyright owner; and
6. The Site agents will forward this information to the individual or entity listing the ad.

Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

If you have any questions about this document, Hey Neighbor! 's information practices, or your dealings with Hey Neighbor! , you can email us at info@HeyNeighbor.info or use our contact form.

 

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