These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
NeighborsTrees provides educational information. The Site includes general information on commonly encountered issues including legal issues. NeighborsTrees is not a law firm and may not perform services performed by an attorney. NeighborsTrees, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
NeighborsTrees strives to keep its information current and up-to-date. However, because the law and regulations change rapidly, NeighborsTrees cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information like the kind NeighborsTrees provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, you should consult a licensed attorney in your area.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested. You may also be asked to register and provide a user name and password for certain actions. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify NeighborsTrees immediately of any unauthorized use of your account, user name or password. NeighborsTrees shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by NeighborsTrees, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
- Ownership.This Site and Applications are owned and operated by Paumonok Innovations Inc, the parent company of NeighborsTrees. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by NeighborsTrees or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by NeighborsTrees, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of NeighborsTrees’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. NeighborsTrees does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by NeighborsTrees. Any rights not expressly granted herein are reserved by NeighborsTrees.
- Links to Third Party Sites.This Site and Applications may contain links to websites controlled by parties other than NeighborsTrees (each a “Third Party Site”). NeighborsTrees works with a number of partners and affiliates whose sites are linked with NeighborsTrees. NeighborsTrees may also provide links to other citations or resources with whom it is not affiliated. NeighborsTrees is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. NeighborsTrees makes no guarantees about the content or quality of the products or services provided by such sites. NeighborsTrees is not responsible for webcasting or any other form of transmission received from any Third Party Site. NeighborsTrees is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NeighborsTrees of the Third Party Site, nor does it imply that NeighborsTrees sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that NeighborsTrees is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
License to Use
NeighborsTrees grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use. IT IS EXPRESSLY PROHIBITED FOR AN ATTORNEY TO PURCHASE, DOWNLOAD OR USE ANY OF OUR FORMS FOR THE BENEFIT OF A CLIENT WHETHER THAT ATTORNEY IS COMPENSATED OR NON-COMPENSATED. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of NeighborsTrees.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEIGHBORSTREEES AND/OR PAUMONOK INNOVATIONS INC., OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR REVENUES WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE OR GOODWILL OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEIGHBORSTREEES AND/OR PAUMONOK INNOVATIONS INC., OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES TO WHICH THE CLAIM RELATES IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THE CLAIM.
- DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling us at 516-902-6964. In the unlikely event that the NeighborsTrees is unable to resolve your complaint to your satisfaction (or if NeighborsTrees has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You may speak with independent counsel before using this Site or completing any purchase.
NeighborsTrees and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “NeighborsTrees,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Rights and Responsibilities of NeighborsTrees.
NeighborsTrees is not the publisher or author of the User Content or Forum submissions. NeighborsTrees takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, NeighborsTrees takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If NeighborsTrees’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, NeighborsTrees reserves the right to delete those files or to stop those processes. If the NeighborsTrees technical staff suspects a user name is being used by someone who is not authorized by the proper user, NeighborsTrees may temporarily disable that user’s access in order to preserve system security. In all such cases, NeighborsTrees will contact the member as soon as feasible.
NeighborsTrees has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of NeighborsTrees Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any NeighborsTrees service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant NeighborsTrees a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that NeighborsTrees may use your email address to contact you about the status of your review and other administrative purposes.
- NO WARRANTY.THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEIGHBORSTREES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEIGHBORSTREES MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. NEIGHBORSTREES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- LIMITATION OF LIABILITY AND INDEMNIFICATION.EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD NEIGHBORSTREES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF NEIGHBORSTREES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF NEIGHBORSTREES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Unsolicited Submissions.Except as may be required in connection with your use of NeighborsTrees Services, NeighborsTrees does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to NeighborsTrees through or in association with this Site shall be considered non-confidential and NeighborsTrees’s property. By providing such submissions to NeighborsTrees you hereby assign to NeighborsTrees, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. NeighborsTrees shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
- Compliance with Intellectual Property Laws.When accessing NeighborsTrees or using the NeighborsTrees Forms, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your NeighborsTrees user account.
NeighborsTrees has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of NeighborsTrees or of a third party or that violate intellectual property rights generally. NeighborsTrees’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- NeighborsTrees has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our office:
c/o Paumonok Innovations Inc.
79 Wall Street
Huntington, NY 11743
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
- Compliance with Export Restrictions.You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
- Personal Use.The site is made available for your personal use on your own behalf.
- Children.Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
- Customers Needing Extra Assistance. NeighborsTrees aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the NeighborsTrees website, or otherwise have difficulties using the NeighborsTrees website, please call 516-902-6964 and our customer care team will assist you.
- Copyrights.All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Paumonok Innovations Inc. ALL RIGHTS RESERVED.
- Trademarks.NeighborsTrees, NeighborsTrees.com, Paumonok Innovations Inc., logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of NeighborsTrees. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Inquiries.BY USING NEIGHBORSTREES’S SERVICES OR ACCESSING THE NEIGHBORSTREES SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO NEIGHBORSTREES VIA THE NEIGHBORSTREES SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO NEIGHBORSTREES, AND THAT NEIGHBORSTREES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
- Right to Refuse.You acknowledge that NeighborsTrees reserves the right to refuse service to anyone and to cancel user access at any time.