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NeighborhoodTour.com Terms of Use


Welcome to NeighborhoodTour.com, also referred to as “NHT”, provided by NeighborhoodTour.com, LLC. ("NeighborhoodTour.com"). By using NeighborhoodTour.com's Web sites (defined to include all properties (mobile, web or otherwise) owned and operated by NeighborhoodTour.com, LLC), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use ("Terms of Use").

1. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.

2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms NeighborhoodTour.com, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy or any other policy or notice on the Services.
Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users. NeighborhoodTour.com reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.

Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .
Calls. The Services may provide phone numbers that can connect you with NeighborhoodTour.com, its service providers, or other third parties, such as real estate agents and mortgage brokers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to NeighborhoodTour.com or through a Calling Service, you consent to such recording and monitoring. NeighborhoodTour.com will treat recorded calls in accordance with its Privacy Policy.

3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to NeighborhoodTour.com or in connection with the Services (your "Submission"), you grant NeighborhoodTour.com an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. NeighborhoodTour.com will not pay you for your Submission. NeighborhoodTour.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant NeighborhoodTour.com the rights in this paragraph and that the Submission complies with Section 2(a) above. You may not share your NeighborhoodTour.com user account with others. You are responsible for all actions taken via your account. NeighborhoodTour.com will treat your use of the Services in accordance with its Privacy Policy. Certain NeighborhoodTour.com functionalities may involve the distribution of your Submission to third party Web sites over which NeighborhoodTour.com has no control. NeighborhoodTour.com is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

4. Advertising. NeighborhoodTour.coms business is primarily funded through advertising and real estate agent postings. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, NeighborhoodTour.com may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

5. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then NeighborhoodTour.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 10, and 11).

6. Linked Materials. The Services include links to third-party products, services and Web sites. NeighborhoodTour.com or its partners, affilates, and franchisees do not endorse, and takes no responsibility for such products, services, and Web sites.

7. Claims of Copyright Infringement. NeighborhoodTour.com respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify NeighborhoodTour.com's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:

By mail:
NeighborhoodTour.com, Inc.
824 East Glenn Ave.
Auburn, Alabama  36830
Attention: Copyright Agent

By e-mail: copyright@neighborhoodtour.com
If you give notice of copyright infringement by text e-mail, NeighborhoodTour.com's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

8. Intellectual Property.The Services are the property of NeighborhoodTour.com, and subject to the intellectual property rights of NeighborhoodTour.com and its licensors. TM2011 NeighborhoodTour.com, Inc. All rights reserved. ZIP+4 data ©2006-2011 United States Postal Service. Patents pending. NeighborhoodTour.com, NeighborhoodTour, the “house art” in the logo, “Your Move In Motion” are trademarks and/or registered trademarks of NeighborhoodTour.com in the United States and/or other countries. You may not use any of NeighborhoodTour.com's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.

9. NO WARRANTY. NEIGHBORHOODTOUR PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZILLOW AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NEIGHBORHOODTOUR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

10. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL NEIGHBORHOODTOUR OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST NEIGHBORHOODTOUR OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

11. Real Estate Licenses. NeighborhoodTour.com, Inc. is NOT a licensed real estate broker, but partners with Licensed Real Estate Brokers and Local MLS Boards who supply all relivant real estate information. NeighborhoodTour.com does not act as a real estate agent for you or any other user.

12. Changes; Discontinuance. NeighborhoodTour.com reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. NeighborhoodTour.com may suspend or discontinue the Services at any time to you and/or to others, without notice.

13. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Alabama, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Lee County, Alabama for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

14. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. NeighborhoodTour.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. NeighborhoodTour.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and NeighborhoodTour.com with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and NeighborhoodTour.com with respect to the Services.

VIDEO USE AND UPLOAD TERMS

1. Your Acceptance
By using NeighborhoodTour, also referred to as “NHT”,  website or products, software, data feeds, and services provided to you on, from, or through the NHT website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) NHT's privacy notice. If you do not agree to any of these terms, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.neighborhoodtour.com/terms). NHT may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of NHT, including but not limited to all products, software and services offered via the NHT website and other applications.
The Service may contain links to third party websites that are not owned or controlled by NHT. NHT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NHT will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve NHT from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

3. NHT Accounts
In order to access some features of the Service, you will have to create a NHT account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NHT immediately of any breach of security or unauthorized use of your account.
Although NHT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NHT or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions
NHT hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Service or the Content without NHT's prior written authorization, unless NHT makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means NHT may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain NHT's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from NHT appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include: uploading an original video to NHT to promote your business or business interests; subject to the advertising restrictions set forth above in Section 4.D; or any use that NHT expressly authorizes in writing.

If you use the NHT Uploader, you agree that it may automatically download and install updates from time to time from NHT. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NHT to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the NHT servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NHT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NHT reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
NHT reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Neighborhoodtour.com, LLC, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by NHT on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NHT or the respective licensors of the Content. NHT and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that NHT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NHT with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless NHT, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct
As a NHT account holder you may submit Content to the Service, including videos and user comments. You understand that NHT does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to NHT all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to NHT, you hereby grant NHT a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and NHT's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that NHT may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant NHT all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the NHT Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
NHT does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and NHT expressly disclaims any and all liability in connection with Content. NHT does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and NHT will remove all Content if properly notified that such Content infringes on another's intellectual property rights. NHT reserves the right to remove Content without prior notice.

7. Account Termination Policy
NHT will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. NHT reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. NHT may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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
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.
NHT's designated Copyright Agent to receive notifications of claimed infringement is John Sweatman, 601 Blackberry Cove, Opelika, Al  36804, email: copyright@neighborhoodtour.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NHT customer service through http://www.neighborhoodtour.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

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 counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
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;
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
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Montgomery, Alabama, 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, NHT 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 NHT's sole discretion.

9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NHT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NHT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability
IN NO EVENT SHALL NHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NHT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by NHT from its facilities in the United States of America. NHT makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NHT, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service
You affirm that you 12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NHT without restriction.

14. General
You agree that: (i) the Service shall be deemed solely based in Alabama; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over NHT, either specific or general, in jurisdictions other than Alabama. These Terms of Service shall be governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. Any claim or dispute between you and NHT that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Lee County, Alabama. These Terms of Service, together with the Privacy Notice at http://www.neighborhoodtour.com/privacy and any other legal notices published by NHT on the Service, shall constitute the entire agreement between you and NHT concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NHT's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. NHT reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NHT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

— Updated December 2012

 

NeighborhoodTour.com Privacy Policy

At NeighborhoodTour.com.com ("NeighborhoodTour.com" or "we" or "us" or "our"), we appreciate your use of and contributions to our Web site and features (known as the "services"). NeighborhoodTour.com respects your privacy and is committed to protecting your personal information.

This is our privacy policy and we will comply with it, as well as applicable U.S. privacy law, when we gather and use information from users of our services. We encourage you to read this privacy policy to understand what we do with the information we collect from you.

Advertising-Supported Business Model

NeighborhoodTour.com and our extensive set of features are generally funded through advertising dollars and agent postings. This helps keep NeighborhoodTour.com free of charge for our user community. It also allows us to explore and build new features.

We strive to make advertisements relevant and useful to you. Therefore, we may serve advertisements to you based on the information we collect from you or in relation to your interaction on our site.

We pledge to be transparent about the information we monitor and collect from you. We keep information private between you and NeighborhoodTour.com, except as explained below.

Collection of Information

When you use NeighborhoodTour.com, we collect a variety of information.

Information you provide. When using our site and services, you may provide information about yourself, such as name, address, and e-mail. This may occur when you register on NeighborhoodTour.com.com, save a home or neighborhood, or complete other forms, such as an information request. We may combine this information with other information we collect from your activity on our Web site or from other companies.

Cookies and Web beacons.
Cookies are bits of electronic information that can be transferred to a computer to uniquely identify that computer's browser. When you visit NeighborhoodTour.com.com and use our services, we may place one or more cookies on your computer. The use of cookies helps us improve the quality of our services to you, by identifying information which is most interesting to you, tracking trends, or storing information you may want to retrieve on a regular basis, such as your favorite homes. At any time, you may adjust settings on your browser to refuse cookies. However, if you choose to disable cookies, many of the free features and services on NeighborhoodTour.com.com may not operate properly. Also, the pages of our service may include Web beacons, which are electronic files to count users who have visited that page or to identify certain cookies on the computer accessing that page. Some pages on our site may use third-party Web beacons!

Third-party cookies.
We work with service providers and advertising networks to track and manage cookie information and your activities while you're on NeighborhoodTour.com.com or using our services. You may opt-out of cookie tracking and analysis from any of these ad networks by Opting Out of Collection of Information, which is explained further below.

Usage logs.
When you use NeighborhoodTour.com.com, your computer communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you're visiting.

Calls.
Calls to NeighborhoodTour.com or to third parties through NeighborhoodTour.com may be recorded or monitored for quality assurance and customer service purposes. If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.

Usage and Disclosure
In general, NeighborhoodTour.com uses the information collected from you to communicate with you and operate our features and services. NeighborhoodTour.com also uses this information to present you with advertising that we believe will be of interest or useful to you.

Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private. We will only share personal information that you provide outside the public areas of our services in the following circumstances:

Consent.
When you consent or direct NeighborhoodTour.com to share the information. For example, if you choose to contact a real estate agent or lender through NeighborhoodTour.com, your name and e-mail address will appear to the recipient of the message.

Service providers to NeighborhoodTour.com.
When NeighborhoodTour.com hires a service provider to help operate the services or our business, NeighborhoodTour.com may give access to personal data only as necessary to perform the service for NeighborhoodTour.com, and subject to the terms of this privacy policy.

Legal obligation or protection from harm.
When NeighborhoodTour.com has a good faith belief that access, use, preservation or disclosure of the personal information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, or (d) protect the rights, property, or safety of NeighborhoodTour.com, its users, or the public against harm.

Merger or sale.
When and if NeighborhoodTour.com is involved in a merger, acquisition, or any form of sale of some or all of its business, personal information may be transferred along with the business. When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, NeighborhoodTour.com won't reveal your identity to third parties except in accordance with this policy.

When we deliver ads based on that data about your use of NeighborhoodTour.com, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser.

Some Things are Not Covered

This privacy policy will not apply to the following:

Public posting.
You should keep in mind that the information that you choose to provide in a public area of NeighborhoodTour.com and our services will not be protected by this privacy policy because you have made an active choice to make that information public.

Real estate information.
NeighborhoodTour.com strives to provide open and transparent information about real estate markets. NeighborhoodTour.com.com partners  with private companies such as eNeighborhoods®, Walk Score® and local MLS Boards to provide real estate and community information as a means to provide additional services to you. Many times, this information is already publicly available.

Aggregated non-personal information and other information without personal identification.
While we do not share your personal information with third parties unless permitted above, NeighborhoodTour.com may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services.

E-mail Management
You may receive e-mail from NeighborhoodTour.com for a variety of reasons - for example, if you took an action on the NeighborhoodTour.com Web site or you signed up for regular report/alerts on properties you are watching. We respect your desire to manage e-mail correspondence. If you have an account with NeighborhoodTour.com, you can select your preferences through your account tools. Also, you can manage your receipt of some types of communication by following the instructions included in the e-mail we send you.

Opting Out of Collection of Information
NeighborhoodTour.com, its third-party ad network providers, and third-party advertisers (the "NeighborhoodTour.com.com Ad Providers") may provide you with advertisements that you may see at NeighborhoodTour.com or other affiliated Web sites. To improve the relevancy and help measure the effectiveness of such advertisements, the NeighborhoodTour.com Ad Providers may use cookies, Web beacons, clear .gifs or similar technologies. These are used to record users' online activity, such as the pages visited, and to learn what types of information are of most interest to the users.

Third-party ad servers and ad networks.
Use of these technologies by third-party ad servers is subject to their own privacy policies and is not covered by our privacy policy. Learn more about NeighborhoodTour.com.com Ad Providers participating in the Network Advertising Initiative, and the choices you have about these technologies (such as opting-out). The Network Advertising Initiative offers some centralized opt-out tools; otherwise you must visit each provider's Web site individually and opt out.

NeighborhoodTour.com marketing service provider.
If you do not want NeighborhoodTour.com and its marketing service provider to follow your usage of our services via cookies and Web beacons, you can opt-out of the Web site analysis tools.

Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.

Third-Party Web Sites
Throughout NeighborhoodTour.com, we may link to the Web sites of other companies and/or individuals. These third-party Web sites may collect personal information about users on those Web sites, and NeighborhoodTour.com's privacy policy does not extend to these external Web sites and third parties. Please refer directly to these third parties and Web sites regarding their privacy policies.

Children Under the Age of 13
NeighborhoodTour.com will not knowingly collect personally identifiable information from any person under the age of 13. Our services are not designed to attract the attention of persons under the age of 13.

Storage and Security of Information
Personal information will be processed and stored by NeighborhoodTour.com in databases hosted in the United States. NeighborhoodTour.com has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No personal financial information is stored on NeighborhoodTour.com servers, rather housed by third party providers such as “PayPal” and is subject to their privacy policies.

Contacting NeighborhoodTour.com
If you have any questions about this privacy statement, or the privacy practices of NeighborhoodTour.com, please e-mail us at privacy@NeighborhoodTour.com.com.

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy.

— Updated December 2012