Privacy Policy / Terms & Conditions
TERMS AND CONDITIONS & PRIVACY STATEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS TO, AND USE OF THIS WEB SITE (THE "SITE") INCLUDING IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THIS SITE IS OWNED, OPERATED AND PROVIDED BY THE GOOD NEIGHBORS INSTITUTE, LLC. ("GNI"). YOUR USE OF THIS SITE CONSTITUTES YOUR LEGALLY BINDING ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE AND SHOULD DISCONTINUE ANY USE OF THE SITE.
GNI RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS AND CONDITIONS FROM TIME TO TIME. ANY CHANGES TO THE TERMS OF USE WILL BE IN WRITING AND POSTED ON THE SITE. THE DATE OF THE LATEST CHANGES WILL BE INDICATED AT THE TOP OF THE DOCUMENT. YOU ARE ADVISED TO CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR UPDATES. CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO BE BOUND BY SUCH CHANGES.
This Site is intended only for its Members in good standing. Members include individuals authorized to act on behalf of an association ("Association") who have completed the GNI membership application process, and have been accepted by GNI. The Site is provided "as is". GNI makes no representations as to the truth and/or accuracy of the information provided and you are encouraged to fully read and understand the section of these terms and conditions called "DISCLAIMER OF WARRANTIES."
Product features and availability may vary by state. The applicable service limitations should be read carefully before relying on any information. The information is intended to present the user with both an Association and Owner Profile (as defined below) of the respective Association. All information furnished in the Profiles, forums, "chat areas," and other member communications are fully provided by the Members and not the Good Neighbors Institute, LLC.
License and Reproduction
All material on this Site including, without limitation, Posted Material (as defined below), text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, data compilations, forms, information, and other content made available through the Site ("Site Content") and the compilation of all Site Contents and the marks "Good Neighbors Seal," "Good Neighbors Institute," "Good Neighbors Program," Good Neighbors Institute LLC," "Seal of Good Neighbors Approved" & Design and all other trademarks or service marks contained on this Site and in Site Content ("GNI Marks") are the sole property of GNI, and/or any affiliate or subsidiary of GNI(the "Affiliates") unlessotherwise disclosed. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate this Site and Site Content solely for your Association's internal use while licensed as a Member of GNI. You are not authorized to use the Site or Site Content for any other public or commercial uses. You are also granted a limited and revocable license to print copies of Site Content, but solely for your Association's informational purposes and use, and for no other public or commercial purposes.
. No use or transmission of the GNI Marks is permitted without the express written permission of GNI.
Use of any GNI Marks as metatags on any third-party Web site is also strictly prohibited. You agree to use the Site and Site Contents only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof.
Except as expressly granted and provided above, GNI reserves all other rights. Unauthorized use of any Site Content or GNI Marks may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Except as expressly provided above, you agree not to use or exploit this Site, its Site Contents or any element or portion thereof including any copyright, trademark, trade name, service mark or any other proprietary information of GNI or an Affiliate (collectively, the "Intellectual Property") or to sublicense, reproduce, alter, remove, transmit, publish or distribute, whether electronically, mechanically, by photocopy, recording or otherwise, create a derivative work of all or any portion of this Site or otherwise, or link or forward any web address to this Site, copy, counterfeit or paste the Site Content or GNI Marks to any other website or web page without the prior written permission of GNI or the Affiliate that owns the Intellectual Property. You acknowledge and agree that modification of the Site Contents or use of the Site Contents for any other purpose is a violation of GNI's and possibly other third parties' copyright and proprietary rights. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You agree you may not co-brand this Site or display this Site in frames (or any of the Content via in-line links) without the prior written permission of GNI or Affiliate. "Co-branding" means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of GNI or an Affiliate in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute this Site or any Content. You agree to cooperate with GNI and its Affiliates in causing any unauthorized co-branding, framing or linking to immediately cease. If you violate any provision of these Terms and Conditions, your permission to use the Site Contents automatically terminates and you must immediately destroy any copy you may have of any of the Site Contents.
Intellectual Property
GNI is the owner and proprietor of the Site. The Site Content as it exists on the Site are offered to you by GNI for limited use pursuant to these Terms and Conditions. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Site Content or otherwise using the Site. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. These Terms and Conditions grant you no right, title or interest in the Intellectual Property and create no relationship between you and GNI or its Affiliates. You may address all inquiries concerning use of the Site Content and Intellectual Property to Good Neighbors Institute, LLC., Office of General Counsel, Intellectual Property Department, 4551 Gulf Shore Blvd. N. PH 8, Naples, Florida 34103.
Use of Forms and Materials
This Site and GNI provide considerable information, forms and data. The use of such information, forms and data is limited to Members of GNI who are active and in good standing with GNI in accordance with the license herein. The GNI Seal may only be used in accordance with the terms of a separate license agreement with GNI. Any Association not in good standing can no longer use the GNI Seal or any information, data or forms offered through GNI. Any forms or other proprietary materials will be returned to GNI, or certified destroyed to GNI.
Posted Materials
Any communication of material you transmit to the site by upload, posting, electronic mail or otherwise, including any video, multimedia, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary except with regard to owner profile information addressed below. Anything you transmit or post may be used by GNI for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, unless otherwise agreed to GNI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.
You are responsible in full for the content and accuracy of all Posted Materials (as defined below) that you send to GNI and/or the Site and for ensuring that the rights of third parties are not prejudiced. You acknowledge and agree that Posted Materials sent to or by means of any portion of the Site are public. You acknowledge that (a) you have no expectation of privacy in Posted Materials and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and GNI by reason of your transmitting Posted Material to any area of the Site. As used in these Terms and Conditions, "Posted Material" means any information, messages, e-mails, suggestions, notes, concepts, postings, on-line discussions, literary works, drawings, illustrations or images, video, music, sound, multimedia or digital content, or any other work (regardless of whether it is copyrightable), idea, expression, or communication, regardless of whether you authored or created such material, which you cause to be posted to, submitted to, or in any way transmitted via, the Site.
You agree that none of your Posted Material will contain information or content that (i) infringes patent, trademark, trade secret, copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, threatening, vulgar, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality; or (viii) is otherwise objectionable or encourages behavior that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Additionally, even if such content is legal, you agree that none of your Posted Material will contain information or content that: (A) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (B) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (C) contains false or misleading information; (D) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (E) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed.
GNI shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site for any reason whatsoever. GNI reserves the right to physically verify the information you have provided and can at it sole discretion, request that certain information be changed based on further factual findings by GNI. You acknowledge that GNI may or may not pre-screen Posted Material, but that GNI shall at all times have the right (but not the obligation) in its sole discretion to pre-screen, refuse, edit, move or remove any Posted Material submitted via the Site. GNI reserves the right to expel you from or suspend your access to any or all parts of the Site for violating the law or these Terms and Conditions. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Site and you acknowledge that GNI does not have any obligation to, and may not be, monitoring the Site and you are not relying upon GNI to monitor the Site. GNI takes violations of its Members' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
Without limiting the foregoing, you automatically grant to GNI a world-wide, royalty-free, sublicenseable, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, publicly perform, display and otherwise exploit such Posted Material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights, all without any obligation to you or any third parties, whether by way of compensation, attribution or otherwise. GNI does not control the Posted Material and thus cannot and does not guarantee the accuracy, integrity or quality of such Posted Material. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to Posted Material, and that there are no other agreements with any third party in conflict herewith; (b) you have obtained licenses and full and complete written consent and releases of all relevant rights (including without limitation name, publicity and likeness rights) from third parties including without limitation each and every identifiable person in the Posted Material; and (c) GNI's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to GNI's (or its assignee's) exercise of its rights hereunder.
You understand that through your use of the Site you may encounter content that may be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that GNI shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
You agree to provide accurate, current, and complete information during use and as may be required in the course of using the Site. You further agree to maintain and update your information to keep it accurate, current, and complete. GNI may terminate your right to use any or all of the Site if any information you provide is false, inaccurate or incomplete. You agree that GNI may store and use the information you provide for use in maintaining your account. You agree that GNI and its Affiliates may collect and use information consistent with the Terms and Conditions. GNI shall use reasonable efforts to protect information submitted by you in connection with its services, but you acknowledge and agree that your submission of such information is at your sole risk, you release and forever waive, and GNI hereby disclaims, any and all liability and/or claims for any loss or liability relating to such information in any way.
Operation of Web Site
GNI operates this Site from its offices within the United States. GNI does not represent that Site Content on this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. You acknowledge and agree that you are accessing this Site on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Florida. You consent to exclusive jurisdiction and venue in Collier County, Florida and waive the defense of forum non conveniens.
Hyper Linking
GNI may authorize third-party links to this Site and/or may provide links to third-party web sites ("Linked Sites") from this Site. The Linked Sites have not been reviewed by GNI and are maintained by third parties over which GNI exercises no control. Linked Sites are solely for informational purposes. GNI has no discretion to alter, update or control the content on any Linked Site. In addition, GNI makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information and the quality of products or services provided or advertised on such Linked Sites. The fact that GNI has provided a link to a site is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to such site, its owners, or its providers.
Designated Agent (Digital Millennium Copyright Act)
If you believe that a work protected by a United States copyright which you own has been linked to or posted or stored on this Site without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: The Good Neighbors Institute, LLC., Office of General Counsel, Intellectual Property Department, 4551 Gulf Shore Blvd. N. Ph # 8, Naples Florida 34103 or legal@goodneighborsseal.com
Privacy Policy/Notice
Our goal is to maintain your trust and confidence when handling any information about you. This notice applies to information that identifies you personally or your Association. We may use information you have provided GNI on our Site, to help manage our businesses and to develop products that provide us, our affiliates, and other companies insight into the answers and practices you have disclosed to GNI, and as further described above.
Owner Profile Information
Any information provided by an individual "owner" as through owner surveys, owner interviews or other owner contacts will never be presented on the GNI Site other than in an aggregated form or in a "disguised fashion." Likewise, GNI will make every attempt not to disclose individual responses from an owner. This information will be aggregated and presented as totals whenever possible. However, since cooperation with Associations on the "sampling techniques" used by GNI may be required, owners choosing to participate or not participate in such data gathering may be disclosed to the Association. While owners can be contacted by GNI, such information will not be used outside of the normal business practices of GNI. GNI also represents that owners will not be contacted without Association Management being provided with advance notice to inform their owners that such contact is authorized.
Internet Privacy
We want you to understand what personally identifiable information ("personal if you use your home computer or Association information if you use your office computer") will be collected through this Site and how it may later be disclosed.
Associations, referred to as customers, may review and change contact information such as address, phone and email information by signing on through an authorized user and updating their profile. Information in an "association profile" can also be changed through proper authorization.
Additionally, customers and non-customers who receive promotional messages about our products and services may elect to not receive ("opt out" of) further messages. If you opt out from receiving these messages we will retain your e-mail address solely for the purposes of facilitating your request.
In order to provide better service, we may use "cookies" which may be set by another company for us. A cookie is a small piece of information that a Web site stores on your Web browser that can later be retrieved and read only by the same site. We use cookies for administrative purposes and to enhance your online experience. For example, we may use cookies to track the number of visitors to our site or to enable us to present rotating information to you at our Site. You can set up your Web browser to inform you when cookies are set or to prevent cookies from being set.
From time to time, we may change this Internet Privacy Policy. The effective date of this policy, as stated below, indicates the last time this policy was revised or materially changed. Checking the effective date below allows you to determine whether there have been changes since the last time you reviewed the policy.
This policy was last modified 10/31/2007.
Spamming and Solicitation
You may not use any information obtained from this Site for spamming or solicitation.
Disclaimer of Warranties
GNI disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. All content, products and services on this Site are provided "as is", without any warranties whatsoever about the nature or accuracy (either when posted or as a result of the passage of time) of any material at this Site, and without any representations or guarantees. GNI does not endorse and is not responsible for the accuracy or reliability, or any errors or omissions of any Posted Material, opinion, advice or statement expressed thereon or made available through this Site by any party other than GNI. GNI will not be liable for any loss or damage of any kind incurred as a result of the use of any material posted, e-mailed, transmitted or otherwise made available through the Site. In addition, GNI makes no representations, warranties or guarantees that this Site will be accessible without interruption, or error free or free from viruses or security breaches; nor does GNI, any provider of content to the Site, or their respective agents make any warranty as to the results to be obtained from use of the Site. The Site Content is not guaranteed to be accurate, timely or verified. All content, products and services obtained from a Linked Site are provided "as is" without any warranties whatsoever about the nature or accuracy (either when posted or as a result of the passage of time) of any material at a Linked Site, and without any representations or guarantees. The company disclaims all warranties of a Linked Site, express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. GNI does not endorse and is not responsible for the capabilities or reliability of any product or service obtained from a Linked Site.
Under no circumstance, other than required by applicable consumer law, will GNI be liable for any loss or damage caused by your reliance on information obtained through this Site or any Linked Site, or your reliance on any product or service obtained from a linked site. You are responsible for evaluating the accuracy, completeness or usefulness of any opinion, advice or other content available through this site or obtained from a Linked Site.
Limitation of Liability
In no event will GNI, its Affiliates or their respective service providers, content providers, representatives, employees, agents, officers and directors (the "Representatives") be liable to you for claims and liabilities of any kind arising out of or in any way related to access, use or content of this Site or a Linked Web site, whether at law or in equity.
The information, products, software and/or service descriptions published on this Site or a Linked Site may include inaccuracies or typographical errors. GNI disclaims liability for such errors and does not warrant or represent that the content of this site is updated or complete. GNI has no obligation to update any content on this web site. GNI may change or improve the Site at any time without notice.
GNI, its Affiliates and their respective Representatives, will never be liable to you for any punitive, direct or indirect, special, incidental or consequential damages, including any lost profits, costs of procuring substitute service or lost opportunity, even if you have notified GNI, Affiliate or Representative about the possibility of such damages, or for any claims by any third parties arising out of or in any way related to the access, use or content of this Site or a Linked Site whether such damage claims are brought under any theory of law or equity.
This limitation on liability includes, but is not limited to, viral transmission that infects a user's equipment, mechanic or electronic equipment failure, failure of communication lines, telephone or other interconnects, unauthorized access, theft, operational errors, strikes or other labor problems, or any force majeure.
Remedies
Your access and use privileges of this Site and its Site Content are conditioned upon your adherence to these Terms and Conditions. GNI has the right to deny you access and use of this Site and its Content if you violate (as GNI may determine in its sole and absolute discretion) any provision of these Terms and Conditions. GNI reserves the right to seek all other remedies available at law and in equity. Either you or GNI may cancel or terminate this Agreement at any time for any, or no reason. You agree, at your own expense, to defend, indemnify and hold GNI, its Affiliates and their respective Representatives harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, this Site or any of Site Content in a manner other than as expressly authorized by these Terms and Conditions, your breach or alleged breach of these Terms and Conditions or your violation or alleged violation of applicable laws or any rights of any third party. Moreover, you agree to indemnify and hold GNI harmless from and against any claims or demands, including reasonable attorneys fees, made by you or any third party against GNI arising out of or relating to GNI's exercise of its rights to Posted Material. This defense and indemnification obligation shall survive this Agreement and your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such or demand claim. GNI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of GNI.
Entire Agreement
Except to the extent of additional terms imposed by different portions of this Site, these Terms and Conditions set forth the entire understanding between GNI and you with respect to your access to, and use of, this Site and the Site Content and supersedes all prior or contemporaneous understandings regarding access and use.
Severability
In the event that any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, the remainder of these Terms and Conditions shall not fail on account thereof, and shall continue in full force and effect. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms and Conditions as possible.
Headings
Titles and headings to sections herein are inserted for convenience and reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms and Conditions.
Waiver
GNI's failure, in any instance, to exercise any of its rights under these Terms and Conditions will not constitute waiver of such right or any other rights under these Terms and Conditions.
