Terms & Conditions
1. About Our Services. When you order and purchase any ASK THE NEIGHBORS services, we will ask individuals living near a property that you are currently evaluating about their views and opinions of the property and the neighborhood, including their opinions of other neighbors (the “Services”). Opinions are subjective and arise from each individual’s point of view, which is influenced by many factors, including their experiences, interests, world view, prejudices, biases, grudges, etc. (collectively referred to here as “experiences and biases”). Bystanders and witnesses at the same event may remember different things differently and may form very different opinions of those events according to their experiences and biases. Opinions are not facts. Opinions are conclusions reached by individuals based on their experiences and biases that are open to dispute.
ASK THE NEIGHBORS gathers observations and opinions from people in the neighborhood. We cannot and do not make any determination about the truthfulness, accuracy or completeness of the views and opinions expressed to us. Individuals may have personal reasons, which they do not disclose, to misstate, embellish or omit information. We cannot and do not evaluate the truthfulness of their opinions or what weight you should give to their views and opinions when you are making any decisions relating to the property or the neighborhood. It is up to you to consider the views and opinions the neighbors have expressed to us and decide what, if any, weight to give them in reaching any decision.
ASK THE NEIGHBORS may, in certain circumstances, recommend additional information gathering when our review of the results leads us to believe that more information might give you a more comprehensive view – or potentially corroborate a serious allegation. ASK THE NEIGHBORS prepares all materials and questions that it uses in conducting its investigation. You may request that we ask certain questions in our investigation and we will consider all such requests, but ASK THE NEIGHBORS reserves the right to make the final decision on whether to include such questions in our investigation at our sole discretion.
By ordering our Services and/or using our Website, you represent that you are at least 18 years old. The Services, Website, and the information contained therein are for your personal, non-commercial use only. You may not provide the results of our investigation to any other individual or entity. As long as you comply with these Terms, ASK THE NEIGHBORS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Website and to use any and all information provided to you pursuant to the Services, for your sole personal benefit.
3. Disclaimers; Reserved Rights. At your request (you are referred to herein as “you” or “Client”), ASK THE NEIGHBORS obtains opinions and views about a property from individuals who may have knowledge or information about the property in question. This is the only information that ASK THE NEIGHBORS collects, unless Client has requested additional information from other sources. ASK THE NEIGHBORS obtains all of the information that it collects, and that Client has requested, about any property from individuals who reside near the property in question and who may have knowledge or information about the property. The results of ASK THE NEIGHBORS’ research are dependent upon third parties over whom ASK THE NEIGHBORS has no control, and their candor, truthfulness, and willingness to share opinions. By conducting the investigation and providing those results to Client, ASK THE NEIGHBORS cannot and does not represent or warrant that all relevant information about the property or the neighborhood will be disclosed. ASK THE NEIGHBORS does not know, makes no investigation of, and does not make any representation or warranty about, whether any of the information provided to Client is accurate, complete, or reliable. You expressly understand, acknowledge and agree that (a) the reports and other opinions provided by ASK THE NEIGHBORS in any form are, and will be construed solely as, personal views and statements of opinion of third parties over whom ASK THE NEIGHBORS has no control and are not statements of fact as to the property or neighborhood in question or recommendations regarding decisions to purchase, hold or sell any property, or endorsements of the accuracy of any of the data or conclusions; (b) each report or other opinion will be weighed, if at all, solely by you as one factor in any investment, purchase, sale, or other decision made by you; and (c) you will accordingly make your own study and evaluation of each property that you may consider purchasing, holding, or selling and will not rely solely and/or exclusively upon the opinions or Work (as that term is defined below) provided by ASK THE NEIGHBORS in making such decision. YOU EXPRESSLY AGREE THAT YOUR USE OF ASK THE NEIGHBORS’S SERVICES, WORK, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, OUR WEBSITE, AND/OR ANY RELATED MATERIALS IS AT YOUR SOLE RISK.
The reports and other opinions provided by ASK THE NEIGHBORS do not take into account your personal objectives, financial situation or needs. You should always seek the assistance of a professional for advice on real estate investments, taxes, the law, or other professional matters. ALL SERVICES, MATERIALS, PRODUCTS, AND INFORMATION PROVIDED BY ASK THE NEIGHBORS, INCLUDING BUT NOT LIMITED TO THE SERVICES, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, AND/OR OUR WEBSITE, ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. ASK THE NEIGHBORS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE TRUTHFULNESS, ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, OUR WEBSITE, AND/OR ANY RELATED MATERIALS. You agree and acknowledge that no oral or written information or advice given by ASK THE NEIGHBORS or any of its employees or agents in respect to any Services, related reports or other information, or our Website shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms by a separate written agreement. FURTHER, THE SERVICES, WORK, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, OUR WEBSITE, AND/OR ANY RELATED MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
UNDER NO CIRCUMSTANCES WILL ASK THE NEIGHBORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF ASK THE NEIGHBORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, ASK THE NEIGHBORS DISCLAIMS LIABILITY FOR ANY AND ALL DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF ASK THE NEIGHBORS’ SERVICES, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, OUR WEBSITE, AND/OR ANY RELATED MATERIALS.
ASK THE NEIGHBORS reserves the right to do any of the following, for any reason, at any time, without notice: (1) to modify, suspend or terminate operation of or access to our Website, or any portion of our Website; (2) to modify or change our Website, or any portion of our Website, and any applicable policies or terms; (3) to interrupt the operation of our Website, or any portion of our Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) discontinue or restrict your use of our Website.
4. Services and Work Produced. Any and all information, reports, or data in any form entirely or partly generated or created by ASK THE NEIGHBORS in performing the Services (the “Work”) is the sole property of ASK THE NEIGHBORS upon its creation, and shall remain the sole property of ASK THE NEIGHBORS. ASK THE NEIGHBORS grants Client a non-exclusive right to use the Work for a one (1) year period after delivery of the Work to Client. The Services and all Work are for Client’s exclusive use and benefit ONLY and may not be disclosed to, shared with, used by or relied upon by any other individual or entity.
5. Release; Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ASK THE NEIGHBORS, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR MEMBERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS AND/ OR EXPENSES (INCLUDING ATTORNEYS’ FEES, COURT COSTS, AND JUDGMENTS OF ANY KIND OR NATURE), INCURRED BY ASK THE NEIGHBORS OR MADE AGAINST ASK THE NEIGHBORS BY YOU AND/OR ANY THIRD PARTY, THAT ARE DIRECTLY OR INDIRECTLY, IN ANY WAY, RELATED TO, OR ARISE OUT OF, THE SERVICES, ALL REPORTS, WRITTEN DOCUMENTATION, INFORMATION, OUR WEBSITE, AND/OR ANY RELATED MATERIALS, INCLUDING BUT NOT LIMITED TO YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER ACT BY YOU THAT CREATES LIABILITY FOR ASK THE NEIGHBORS.
6. Independent Contractor. The conduct and control of the Services are solely within the purview of the ASK THE NEIGHBORS. ASK THE NEIGHBORS is an independent contractor and is not the agent, employee, partner or joint venturer of Client.
7. Termination. Once Client places an order, the order may not be cancelled or terminated by Client without the loss of all fees paid. All of ASK THE NEIGHBORS obligations and duties to Client shall terminate upon delivery of the Work to Client by ASK THE NEIGHBORS.
8. Confidentiality. You agree that the Services and Work are confidential and shall not be disclosed to any other person or entity; provided, however, that reasonable disclosures may be made to a party’s legal, accounting, and business advisors, and immediate family members.
9. Notices. All notices and other correspondence concerning the parties, the Services and/or the Work shall be in writing and deemed conclusively given if delivered to each party at the relevant address listed below their signatures: (a) personally, (b) mailed in the U.S. mail first class, postage prepaid, return receipt requested, (c) sent by a recognized and reputable overnight courier service with written confirmation of delivery, or (d) sent by electronic mail (“email”) or (e) facsimile transmission. Notices given by facsimile, e-mail, or other electronic means shall be effective upon receipt, if the sender receives reasonable written confirmation of recipient’s receipt of such email or facsimile transmission. Notice of change of address shall be given in the same manner.
10. Amendment; Assignment. These Terms may be modified or amended for any reason, at any time, and without notice at ASK THE NEIGHBORS sole discretion. Client may not assign or transfer any of its rights under these Terms or any part of the Services or the Work to any third party without the prior written consent of ASK THE NEIGHBORS. These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of ASK THE NEIGHBORS.
11. Integration. These Terms, as they exist now and as they may be modified in the future (including all exhibits attached hereto, if any), contain the entire agreement of the parties, and supersede any prior written or oral agreement or negotiations between Client and ASK THE NEIGHBORS.
12. Governing Law. These Terms shall be governed by and construed in accordance with the domestic laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Colorado irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation. The parties hereby irrevocably agree and consent to the jurisdiction of state and federal courts of Boulder or Denver, Colorado, as applicable, in any and all disputes, actions, or proceedings between them. Client hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.
13. Headings. The various paragraph headings are inserted for reference convenience only, and shall not affect the meaning or interpretation of these Terms or any paragraph thereof.
14. Severability. In case any one or more of the provisions contained in these Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. Such provision shall be deemed amended or reformed to the minimum extent necessary to conform to the requirements of the law so as to be valid and enforceable in light of the parties’ intent as evidenced by these Terms. If such provision cannot be amended without materially altering the intention of the parties, the tribunal having jurisdiction shall revise the provision in a reasonable manner to the minimum extent necessary to make it binding and enforceable. If no such revision is possible, these Terms shall be construed as if such provision had never been contained herein; provided that such provision shall be curtailed, limited, or eliminated only to the minimum extent necessary to remove the invalidity, illegality, or unenforceability, and the rest of these Terms shall remain in full force and effect.
16. Survival. Each provision of these Terms, which by its plain meaning is to apply after the termination of the Services, shall survive the termination of the Services.
Please contact Ask the Neighbors™ should you have any questions regarding our Terms and Conditions.