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We at Binformed LLC (“Binformed” or “we” or “us”) welcome you to Binformed.com (the “Website” or “site”). Binformed.com is a social media service. It allows a person who registers to use the site (the “User”) to create Neighborhoods to post and exchange information about the communities in which he or she lives (some people refer to this service as a “hyperlocal content aggregator”). The services that Binformed offers include the Binformed.com Website and any other content, features or applications that we may choose to offer from time to time through Binformed.com or its affiliates. Binformed.com also includes or may include third-party advertisements to support the services it provides.
- Legally Binding Agreement. We encourage you to use the site. BY USING AND/OR VISITING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT BOTH TO THE TERMS AND CONDITIONS OF THIS DOCUMENT (OUR RULES) AND TO THE TERMS AND CONDITIONS OF BINFORMED'S Privacy Policy, WHICH ARE INCORPORATED INTO OUR RULES BY REFERENCE. If you do not agree to any of these terms, then do not use Binformed.com. That is, both Our Rules and our Privacy Policy are legally binding agreements between you and us and apply whether you are a registered User of Binformed.com or a visitor (“Visitor”) to the site (that is, you are browsing the site as opposed to using it as a registered User).
- Changes. We may need to change Our Rules occasionally or post additional guidelines or rules that apply to all or specified services on our site. If so, Binformed will post the revised version of Our Rules and any additional guidelines or rules on this site. The revised version of Our Rules and any additional guidelines or rules will become effective immediately upon posting. If you continue to use the Binformed.com Website after we post any such changes, you accept Our Rules, as modified, and any additional guidelines or rules. We reserve the right to change, restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time and without notice.
- Registration. You must register as a User of the site to create an Entry or additional Post to the Entry, or to create a Response to an Entry or Post on the Binformed Website or to obtain access to certain Binformed.com services as Binformed may from time to time provide. To register, you must provide your name, e-mail address, Zip Code and age. You also must create a Username and a password. You agree that the information you supply during the Binformed registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any User account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.
We reserve the right to reject or terminate the use of any Username that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your
Binformed.com password and account and are responsible for all activities that occur under your password and account. If you discover or
suspect any unauthorized use of your password or account, or any other breach of security, you agree to notify us immediately at
contactus@binformed.com. We may terminate any User account that is inactive for what we deem to be a significant period of time.
- Age Restriction. We are concerned for the safety of children; accordingly, we do not permit children under the age of 14 to register to use Binformed.com.
- Practices, Limits and Restrictions. From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of content, information, and other materials by registered Binformed.com Users and Visitors. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a Binformed.com User, or for Binformed’s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
- User Responsibility for Content. You will be solely responsible for any and all content of whatever nature that you post on, transmit via, or link to or from, the Binformed.com site. We have the right (but not the obligation), in our sole discretion, to screen content submitted by our Users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates Our Rules or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
- Source and Ownership of Information Displayed on This Site. Binformed.com’s Users create almost all of the information contained on the Binformed.com site. We generally do not review content that our users submit before it appears on our site because of the volume of content submitted. While we urge our users to post only accurate information, we cannot guarantee that Users’ postings are accurate, impartial or objective, and we make no assurances or representations as to the veracity of our Users or the quality of the information posted to our site. You rely on your own common sense and good judgment in deciding whether to rely on the information contained on Binformed.com. You understand that you must evaluate personally, and that you bear all risks associated with the use of, any content you find on Binformed.com, including any reliance on the accuracy, completeness or usefulness of that content.
Although this Web site is accessible to the general public, we do not waive our rights, or anyone else's rights, to the materials appearing on the site. We do not claim ownership of individual Entries, Postings, Responses, comments, text, photos, audio submissions, video submissions or any other content, information or materials posted by our Users, but all other materials available through this Web site are the property of us or our licensors, and are protected by copyright, trademark and other intellectual property laws. Moreover, content displayed on or through our site, whether posted by Users or provided by us or our licensors, may be owned both by the person who created or licensed that content and by us as part of a collective work and/or compilation under U.S. and international copyright laws and treaties. You may display and print for your personal, non-commercial use information you find on our site, but you may not otherwise reproduce or distribute copies of any of these materials in any form (including by e-mail or other electronic means) without the prior written consent of the owner, except as Binformed.com may explicitly permit. Of course, you may encourage others to access the information themselves on our site and to tell them how to find it. You may not use any trademark or service mark appearing on Binformed.com without the prior written consent of the owner of the mark. Binformed™ is the trademark of Binformed LLC.
If you post text, photos, audio submissions, video submissions or other content, information or materials on Binformed.com, you grant Binformed a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, publicly perform, distribute, display, and create derivative works based on such content throughout the world in any media, and to incorporate such content into other works in any format or medium now known or later developed, for any purpose.
By posting content to Binformed.com, you represent and agree that (i) you are the owner of the content, or otherwise have the right to post such content to this site, (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, and (iv) you will indemnify Binformed for any claims resulting from content that you submit to the site.
You may establish a hypertext link to this site so long as the link does not state or imply that Binformed in any way endorses or sponsors you, your company, or your site.
You may not frame any of the content of this site without the prior written permission of Binformed, however. Requests for permission to frame our content may be sent to
contactus@binformed.com.
You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in the Binformed.com service.
- Copyright/Intellectual Property Issues. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. As a matter of policy, Binformed will terminate User privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Binformed by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Binformed's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Users may place classified ads on Binformed.com. Placement of classified ads is subject to Our Rules, including the following specific terms:
You represent and warrant that no classified ad you post on Binformed.com (a) will violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will be libelous, nor (c) will it infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. You will indemnify and hold Binformed, its affiliated entities and its employees harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with (i) any breach or alleged breach of this warranty, and/or (ii) any classified ad you post.
THE AGGREGATE LIABILITY OF BINFORMED ARISING OUT OF ANY CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON BINFORMED.COM WILL BE LIMITED TO THE AMOUNT YOU PAID TO BINFORMED, IF ANY, WITH RESPECT TO THE AD(S) OUT OF WHICH THE CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD AT A LATER TIME, AT BINFORMED'S DISCRETION. OTHERWISE, BINFORMED WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY OR ARISING OUT OF BINFORMED'S FAILURE TO DISPLAY ANY CLASSIFIED AD, OR THE MANNER IN WHICH ANY SUCH AD IS DISPLAYED.
- General Use. You agree to use our Web site in accordance with Our Rules, including our Privacy Policy.
- Reporting of Objectionable Material. You may create an Entry or post a Response to any information on the site that you believe is inaccurate or with which you disagree.
If you believe that something posted on Binformed.com violates Our Rules, interferes with the ability of others to enjoy the site, or is otherwise objectionable, please report the
offending material to contactus@binformed.com (please include a link to the Entry/Response that you find objectionable).
- Interactions with Other Users and Other Third Parties. Your interactions with other Users of the site, entities and/or individuals found on or through our site, or entities and/or individuals who advertise on our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and those Users, entities and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- Disputes. If there is a dispute between or among Users of this site, or between or among any User and any third party or parties, you understand and agree that we are under no obligation to become involved. If you have a dispute with one or more other users, you release Binformed, its officers, employees, agents, representatives, affiliates and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.
- Agreement as to Materials Posted. By using our site, you agree that you will not post or otherwise make available any content or material that:
- is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy Binformed.com;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- harms minors in any way;
- impersonates any person or entity, including, but not limited to, a Binformed employee or another Binformed.com User, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
- includes personal or identifying information about another person without that person's explicit consent;
- is false, deceptive, misleading, deceitful or misinformative;
- is not relevant to the Neighborhood to which it is posted;
- infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Binformed.com Website or any computer software or hardware or telecommunications equipment including, but not limited to, any computer software or hardware or telecommunications equipment of any User or Visitor;
- interferes with or disrupts the Binformed.com service or servers or networks connected to Binformed.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the Binformed.com;
- intentionally or unintentionally violates any applicable local, state, national or international law;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You further agree that you will not:
- contact anyone who has asked not to be contacted;
- engage in personal attacks, harass or threaten, question the motives behind others’ Entries, Posts or Responses, deliberately inflame or disrupt the conversation, or air personal grievances about other Binformed.com Users;
- collect personal data about, or the e-mail addresses of, other Binformed.com Users for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
- repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- take or cause to be taken any action that disrupts the normal flow of postings and dialogue on Binformed.com (such as submitting an excessive number of messages – i.e., a flooding attack), or that otherwise negatively affects other Users' ability to use the Binformed.com site and/or services;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Binformed.com. Exception is made for Internet search engines (for example, Google) and non-commercial public archives (for example, archive.org) that comply with Our Rules.
Binformed.com may contain links to other Websites that are not owned or operated by Binformed and are separate and independent from our site. You visit such other Websites at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Website does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.
Although we try to make this Website useful and enjoyable, we cannot guarantee that our Users always will appreciate the site’s content, nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Website.
- NO WARRANTIES. YOU AGREE THAT USE OF THE BINFORMED.COM WEBSITE (“WEBSITE” OR “SITE”) AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY BINFORMED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BINFORMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BINFORMED DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON, OR ACCESSED THROUGH, ANY LINKS ON THE WEBSITE.
- LIMITATIONS ON OUR LIABILITY. IN NO EVENT SHALL BINFORMED OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF BINFORMED.COM OR ASSOCIATED SERVICES OR ANY PRODUCT OR SERVICE LINKED TO, FROM, OR ADVERTISED OR PROMOTED ON, THIS WEBSITE, IF ANY, EVEN IF BINFORMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BINFORMED'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BINFORMED FOR THE SERVICES DURING THE TERM OF YOUR USER MEMBERSHIP.
- INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD BINFORMED, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF BINFORMED.COM IN VIOLATION OF THIS AGREEMENT AND/OR ARISING FROM A BREACH OF THIS AGREEMENT AND/OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE AND/OR IF ANY CONTENT THAT YOU POST ON OR THROUGH THE WEBSITE CAUSES BINFORMED TO BE LIABLE TO ANOTHER.
Any software, if any, available in connection with use of Binformed.com (the "Software") is further subject to United States export controls. No Software may be downloaded from Binformed.com or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
We reserve the right to terminate the User account of, and to restrict or deny access to, our Website or any service provided via our Website to, anyone who violates Our Rules or who, in our judgment, interferes with the ability of others to enjoy this Website, or infringes the rights of others.
The Binformed.com service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with Our Rules or to conform and adapt to our technical requirements and those of connecting networks or devices.
You are solely responsible for obtaining access to Binformed.com, and you must provide and be responsible for all equipment needed to access Binformed.com.
Our failure to exercise or enforce any of our rights or to enforce any provision of Our Rules will not constitute a waiver of such right or provision. If any provision of Our Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that all other provisions of Our Rules will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Binformed.com site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute of any sort that might arise between you and Binformed will be governed by the laws of the United States and of the District of Columbia, without regard to its principles of conflict of laws. You and Binformed submit to the exclusive jurisdiction of the local and federal courts in the District of Columbia.
We welcome your questions or comments about Our Rules or our Website, and also welcome any suggestions you may have for improvement of our site. Please send your
feedback to feedback@binformed.com.
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