1. OUR SERVICES
Welcome to Hi Neighbor! Hi Neighbor is a platform where neighbors help pick up groceries, earn discounts and connect. We believe by connecting neighbors together, we can bring back the unity into community where everyone has a neighborhood they can rely on. This Member Agreement (the “Terms”) governs your rights and responsibilities related to Hi Neighbor's services including all of Hi Neighbor's websites, domains, apps, products, services, features and marketing campaigns (the “Services”) if you have your ordinary place of residence or establishment in the United States and Canada. When you register to use our Services, you become a “Member.” By accessing or using our Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with Hi Neighbor (even if you are using the Services on behalf of a company), so please take a moment to read these legally binding Terms.
If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Throughout these Terms, we use “Hi Neighbor”, “we”, “us” and “our” to refer to the companies offering our Services to you. If you live in Canada, the Services are operated and provided to you by CMHJ-SHARE Delivery Corp., 2366 Main Mall, Suite 289, Vancouver, BC, V6T 1Z4.
2. JOINING THE NEIGHBORHOOD
a. Eligibility. You may use our Services only if you can legally form a binding contract with Hi Neighbor, and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are a child for whom consent is required to fully use the Services (e.g., as is the case if you are under 13 pursuant to COPPA); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; (4) our Services are not directed to your geographic territory; or (5) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
b. Becoming a Member. When you register to become a Member, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
c. Account Types and Access. Members may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal and/or business use. Each individual is limited to one Account per residence and each business is limited to one Account per business location. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.
d. Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps, and APIs), and in each case subject to any Supplemental Terms we provide governing their permitted uses.
3. OUR LICENSE GRANT TO YOU. Subject to your complete and ongoing compliance with these Terms and all applicable guidelines and policies, Hi Neighbor hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license grant is not a sale of the Services or any portion thereof, and Hi Neighbor retains all of our right, title, and interest in the Services and all copies thereof.
4. RIGHTS YOU GRANT
a. Generally. Some areas of the Services allow Members to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, photos, images, music, videos, information, comments, likes, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a Member does make available or submit is referred to as “Member Content”). You retain ownership of your Member Content.
b. License Grant to Hi Neighbor. You hereby grant to Hi Neighbor a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Member Content. We will exercise our rights in the foregoing license subject to your Account settings, the selections you make when posting your Member Content, and as otherwise described in this Private Policy. You represent and warrant that you are the creator and owner of your Member Content, or that you have the necessary licenses, rights, consents and permissions to authorize Hi Neighbor to exercise the licenses granted by you in this section in the manner contemplated by these Terms.
c. License Grant to Other Members. You also hereby grant each Member of the Services a non-exclusive license to access your Member Content through the Services and to use, reproduce, distribute, display, and perform such Member Content as permitted through the functionality of the Services and under these Terms.
e. Feedback. We welcome you to share any feedback, suggestions, or ideas you have about Hi Neighbor and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant Hi Neighbor an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed.
f. Sharing Content. We invite you to share Content from Hi Neighbor through our sharing features, including the Share button and the use of our privacy settings to blur Member information when taking a screenshot. Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited.
g. Software. Using Hi Neighbor may include downloading software to your computer, phone, tablet, or other device. We may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that we may automatically update that software, and the then-current version of these Terms will apply to any updates.
5. BEING A GOOD NEIGHBOR
a. Community Guidelines. At Hi Neighbor, we believe that neighborly behavior is the foundation of healthy communities. We reserve the right to remove orders and suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you.
b. Prohibited Conduct. Without limiting other restrictions contained in these Terms, you agree that you will not, under any circumstances (i) gain or attempt to gain unauthorized access to any part of the Services, including the Accounts of other Members (such through the use of bots or other automations as well as the unauthorized use of legitimate Member credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming Members); (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (v) conduct facial recognition or other biometric analysis of the Content (as defined below) posted on Hi Neighbor; (vi) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (vii) otherwise access or use the Services in an unlawful or unanticipated manner. For clarity, any attempt to engage in any of the behaviors listed in this section is also prohibited.
c. Community Moderation. Some Members are provided with additional account features to use to support their neighborhood, including moderation tools. WE ARE NOT RESPONSIBLE FOR THE ACTIONS TAKEN BY THESE MEMBERS WHILE USING THESE ACCOUNT FEATURES. We reserve the right to overturn any action taken by these Members if we, in our sole discretion, believe that such action is not in the interest of Hi Neighbor. We reserve the right to revoke or limit a Member’s access to these tools at any time, with or without notice, for any reason or no reason, including for a breach of these Terms or any relevant policies or guidelines. If you are given access to these additional account features, including moderation tools, then:
● You agree that you are taking all actions related to community moderation on a volunteer basis and are not an employee or contractor of Hi Neighbor;
● You may not represent that you are authorized to act on behalf of Hi Neighbor;
● You may not enter into any agreement with a third party on behalf of Hi Neighbor;
● You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; and
● If you have access to any non-public information through these account features, then you will use such information only in connection with your role as a volunteer.
6. MEMBER TRANSACTIONS
a. Products and Services Offered by Members. You, and not Hi Neighbor, are responsible for your own decisions and actions on the Services. Hi Neighbor does not own or sell any of the products or services listed by Members on the Services, so any actual contract formed is between the Member making an offer and the Member seeking to join an offer or otherwise acquire those goods or services. Hi Neighbor helps process payments related to any transaction to simply the flow to benefit neighbors between Members contracted on or through the Services.
b. Engaging Other Members. Hi Neighbor does not interview, run background checks on, monitor, supervise, direct or control Members. In addition, the use of Hi Neighbor to find a service, via search, Business Pages, or any similar feature, does not make us an employer, placement agency, representative, or agent of or for you or any other Member or service provider, and you acknowledge and agree that no such relationship is intended or created by these Terms or your use of the Services. If you and another Member decide to work together, the two of you, and not Hi Neighbor, are solely responsible for complying with any applicable laws, such as tax and employment laws. Members are not independent contractors, employees, joint venturers, franchisees, or service providers to or for Hi Neighbor.
c. Prohibited Transactions. You may not use the Services to solicit, advertise for, or contact in any form, Members for any purpose not related to the Services. You may not use the Services to collect the contact information or other personal information of Members, by electronic means or otherwise, without our prior written consent.
d. Hi Neighbor Only Provides a Platform. Hi Neighbor is not a party to interactions, transactions or disputes between Members, and while we may, in our discretion, help facilitate the resolution of disputes we have no control over and do not guarantee (i) the existence, quality, safety, or legality of any goods or services listed by Members on the Services; (ii) the truth or accuracy of Member Content or listings; (iii) the ability of Members to offer/receive services; (iv) that Members who choose to contract with one another will actually complete the transaction, or (v) the integrity, responsibility, or actions of any Members. Hi Neighbor reserves the right to remove any Member’s listing on the Services for any reason or no reason, at any time, with or without notice. When interacting with other Members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER HI NEIGHBOR NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. HI NEIGHBOR AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
7. NOTIFICATION PREFERENCES.
a. Notifications. By default, you will receive notifications from Hi Neighbor related to your use of and interactions with the Services within the Services, to the email address to which your Account is linked, and on your device or browser. You may also opt in to other kinds of notifications.