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Terms of Service

the neighborhood project Terms of Service

1. ACCEPTANCE OF TERMS OF USE BY USE OF THIS SITE
These Terms of Use apply to your use of the the neighborhood project site at theneighborhoodproject.com (the “Site”), and to content and materials on the Site (collectively, “Content”). By using the Site or accessing its Content, you accept and agree to these Terms of Use, which govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.  If you do not agree with any of these Terms of Use, please do not use the Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms of Use.

2. ADDITIONAL TERMS AND CONDITIONS
Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing those portions of the Site. Such additional terms and conditions will not change or replace these Terms of Use, unless otherwise expressly stated.

3. MODIFICATIONS
We reserve the right to modify, update, or remove portions of these Terms of Use at any time, so please check back and review these Terms of Use from time to time. We will provide notice of any material changes by posting the revised Terms of Use on the applicable website(s) with an updated “Last Revised” Date. Any material changes will take effect automatically 30 days after they are posted on our website.  Your continued use of the Site signifies your acceptance of any changes. If you do not agree with our Terms of Use, you should discontinue your use of the Site.

4. NO WAIVER
The failure of The Nantucket Project, LLC. or the neighborhood project to enforce these Terms of Use at any time for any reason, shall not be construed as a waiver of any right to do so at any time.

5. PRIVACY
For information on our privacy practices, please see our Privacy Statement, which is hereby incorporated into these Terms of Use.

6. DISCLAIMERS & WARRANTIES
Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, the neighborhood project AND THE SITE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Nantucket Project, LLC. does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

7. OUR USE OF CONTENT
The Nantucket Project, LLC. will consider anything you provide to the neighborhood project and/or contribution to the Site as available for our use free of any obligations to you, except where solicited invited submissions are expressly governed by additional terms appearing elsewhere on this Site, in which case those additional terms will determine how we treat your invited submission. Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to the neighborhood project (“User Content”), you automatically and irrevocably: (a) grant and assign The Nantucket Project, LLC. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by the neighborhood project and/or by any person authorized by The Nantucket Project, LLC., by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint The Nantucket Project, LLC. as you agent with full power to enter into any document and/or do any act The Nantucket Project, LLC. may consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation to you or any other person and that The Nantucket Project, LLC. shall not be liable for any use or disclosure of such User Content.

8. LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. the neighborhood project is providing these links solely as a convenience. Such linked third party sites are not under the control of the neighborhood project. We have not reviewed all of the sites linked from the the neighborhood project Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the the neighborhood project Site does not imply the neighborhood project’s endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

9. INDEMNITY
You agree to indemnify, defend, and hold harmless The Nantucket Project, LLC, the neighborhood project and its officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirect out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (b) any submissions you make to the Site; and/or (c) your activities in connection with the Site or Content.

10. APPLICABLE LAWS & JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.  The Nantucket Project, LLC. owns and controls the the neighborhood project Site (excluding third party linked sites) from its corporate offices within Greenwich, CT, United States of America. The Nantucket Project, LLC. makes no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.  The Federal Arbitration Act, applicable federal law, and the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and the neighborhood project arising out of or relating in any way to your use of the Site or to your use or purchase of any the neighborhood project products or services.

11. DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, & CLASS WAIVERPLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Any dispute or claim relating in any way to your use of the Site, to your purchase or use of any the neighborhood project product, or to your participation in the the neighborhood project membership program, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Use as a court would.  To help resolve any issues promptly and directly, you and the neighborhood project agree to commence any dispute resolution proceeding within 1 year after a claim arises; otherwise, the claim is waived.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and the neighborhood project agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

12. COPYRIGHTS & TRADEMARKS
The Site and Content are the property of The Nantucket Project, LLC., and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the the neighborhood project Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by The Nantucket Project, LLC. at the the neighborhood project Site or elsewhere are reserved to The Nantucket Project, LLC. and its licensors.
The following are The Nantucket Project, LLC. trademarks: the neighborhood project, TNP Conversation, TNP Circles.  In addition, the Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the the neighborhood project Site or in any The Nantucket Project, LLC. site are the sole property of their respective owners.

13. SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, invalid, void, or for any reason unenforceable, you and we agree that the provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provisions (including any remaining provisions under the heading of the provision that was deemed unenforceable).

14. HEADINGS FOR CONVENIENCE ONLY
Any heading or subheading contained in these Terms of Use is solely for convenience of navigation and should not be used to interpret any specific provision.

16. MEMBER PUBLIC PROFILESTNP
Conversation relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. the neighborhood project does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and agree that the neighborhood project does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. the neighborhood project does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

17. IMPORTANT AUTOMATIC RENEWAL AND MEMBERSHIP-BASED PRODUCTS
We offer certain products and services on an automatic or membership basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the Membership option, you acknowledge and agree your membership will automatically renew, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a membership with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your membership before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Physical products will be delivered to the address you provided during your initial purchase. Certain membership services such as the neighborhood project Memberships are not physical products, and thus, are not shippable. Your automatic membership will continue until you or the neighborhood project cancel your order. If there are any changes to your membership terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your membership at any time by accessing your account online or emailing us at team@tnpconversation.com.  Any modifications or cancellation of your membership must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your membership, your membership will continue as scheduled and your cancellation will take effect in the following period.  If you sign up to our six or twelve month member plan, you will receive a reminder email (7) days before your membership automatically renews.

18. MEMBERSHIP
As a the neighborhood project you will receive access to certain sections, features and functions of the Products that are not available to non-members.

By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from the neighborhood project commercial emails by following the opt-out instruction in these emails. the neighborhood project memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

19. MEMBERSHIP
the neighborhood project offers monthly, six month, and annual membership options. For the purposes of our monthly, six month and yearly membership, a month constitutes 30 calendar days, a year constitutes 365 calendar days.  As a the neighborhood project Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.

20.  CORPORATE AND OTHER CONSUMER COMMUNITIES
While the neighborhood project  is a consumer products company, there is increasing interest by large consumer communities (corporations, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, these Terms shall prevail.

21.  END USER LICENSE
Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable membership fees, the neighborhood project  grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of the neighborhood project  or its licensors. All right, title and ownership in the Products remain with the neighborhood project or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by the neighborhood project  or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by the neighborhood project  or its licensors and your use of them must be in accordance with these Terms.

Advocate Agreement

I certify that I am at least 18 years of age upon enrollment.
Independent Contractor Status.
All Advocates are independent contractors, and will not be treated as employees for federal and/or state tax purposes. Advocates are strictly prohibited from stating or implying that their relationship with The Nantucket Project is any other than as outlined herein.  Advocates have no authority to incur any debt, obligation or liability on behalf of The Nantucket Project and are not authorized to sign any contracts on our behalf. Advocates shall hold The Nantucket Project harmless from any claims, damages or liabilities arising out of or relating to the Advocate’s business practices.

Taxation.
As independent contractors, Advocates are solely responsible for reporting all income generated to the applicable federal, state and local taxing authorities as required by law. As such, each Advocate bears full responsibility for any penalties or interest resulting from their own failure to properly report income, and/or their own failure to properly pay any amount required, to any taxing authority.
At the end of each calendar year, The Nantucket Project will issue an IRS Form 1099 Misc. for non-employee compensation for Advocates, as required.
Compensation.
For the term that is defined as our pre launch phase, you will be compensated as outlined in our earnings plan.  Upon the official launch in the coming months, a new earnings plan will be incorporated, at which time you will have the option to extend your agreement.