EXPLORE YOUR NEIGHBORHOOD – USER AGREEMENT / TERMS OF USE
Last Updated: October 23, 2025
IMPORTANT – PLEASE READ: This User Agreement (“Agreement”) is a legally binding contract between you and Explore Your Neighborhood, Inc., a Delaware corporation (“EYN,” “we,” “us,” or “our”) that governs your access to and use of the Explore Your Neighborhood online guide, websites, mobile experiences, messaging programs, and related services, products, and platforms (collectively, the “Services”), including any affiliated or white‑labeled sites, pages, and programs we operate with partners (our “Affiliates”). By creating an account, subscribing, opting in to messages, or otherwise using the Services, you agree to this Agreement.
If you do not agree, do not access or use the Services.
1. WHO WE ARE; CONTACT
Explore Your Neighborhood, Inc.
8 The Green, Suite B, Dover, DE 19901
Principal business operations: San Diego, California
Email: legal@exploreyourneighborhood.com
2. ELIGIBILITY
You must be at least 18 years old (or the age of majority where you live) and able to enter a binding contract. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.
3. CHANGES TO THIS AGREEMENT
We may update this Agreement at any time in our discretion. Material changes will be posted to the Services with an updated “Last Updated” date and, where required by law, we will provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the new terms.
4. ACCOUNTS; ACCURATE INFORMATION
You agree to: (a) provide true, accurate, current, and complete information; (b) keep it updated; (c) maintain the confidentiality of your login credentials; and (d) be responsible for all activities that occur under your account. We may refuse, suspend, or terminate any username or account at any time for any reason, including to protect the Services or other users.
5. ACCEPTABLE USE; PROHIBITED CONDUCT
You agree not to, and will not help others to: (a) use the Services for any unlawful purpose or in violation of any law; (b) harass, threaten, or defraud others; (c) upload or transmit viruses, malware, or harmful code; (d) collect or harvest personal data without consent; (e) scrape, spider, crawl, or use automated means (other than public search engine indexing) to access, query, or copy the Services; (f) reverse engineer, decompile, or attempt to derive source code from the Services except to the extent expressly permitted by applicable law; (g) interfere with the security, integrity, or availability of the Services; (h) use the Services to send unsolicited or unauthorized advertising, junk, or bulk messages; (i) infringe or misappropriate any intellectual‑property or privacy rights; or (j) circumvent or disable any access or usage restrictions.
6. USER CONTENT; LICENSE; REPRESENTATIONS
a. Definition. “User Content” means content you submit, post, upload, transmit, or otherwise make available through the Services (e.g., reviews, photos, videos, text, listings, offers, feedback).
b. License. You grant EYN and our Affiliates a worldwide, non‑exclusive, sublicensable, transferable, royalty‑free license to host, store, use, reproduce, modify (e.g., formatting, size, or encoding changes), publish, publicly perform, publicly display, distribute, and create derivative works of your User Content in connection with operating, marketing, improving, and providing the Services (including across third‑party services and platforms) and for archiving and backup.
c. Representations. You represent and warrant that you own or have all rights necessary to grant the above license; that your User Content and your use of it with the Services is lawful; and that you have obtained all permissions from any identifiable persons.
d. Feedback. If you send ideas or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free right to use them without restriction or compensation.
7. MODERATION; ENFORCEMENT
We may (but are not obligated to) review, moderate, refuse, remove, or restrict access to User Content or the Services, at any time, with or without notice, for any reason or no reason, including violations of this Agreement, legal risk, or to protect users, partners, or the public. We may also report unlawful content or activity to law enforcement.
8. NO MEDICAL, LEGAL, OR PROFESSIONAL ADVICE
The Services may include content provided by users, businesses, sponsors, community organizations, or third parties. Such content is for informational purposes only and does not constitute professional advice (including medical, legal, financial, or safety advice). You assume all risks for how you use such content and should consult qualified professionals as appropriate.
9. THIRD‑PARTY LINKS; MERCHANTS; OFFERS
The Services may link to or integrate with third‑party websites, platforms, apps, payment processors, communications providers, and merchants (“Third Parties”). Your interactions with Third Parties (including participation in “Special Offers,” coupons, events, or listings) are solely between you and the Third Party. We are not responsible for Third‑Party actions, omissions, terms, privacy practices, or products/services. We may receive compensation related to Third‑Party listings or offers.
10. EVENTS; ACTIVITIES; ASSUMPTION OF RISK; RELEASE
You understand that events and activities listed in the Services may involve inherent risks (including property damage, injury, illness, or death). To the maximum extent permitted by law, you voluntarily assume all risks arising from your participation in any event or activity listed on the Services and release EYN and our Affiliates from any resulting claims.
11. COMMUNICATIONS CONSENT (EMAIL, SMS/MMS, PUSH)
a. Consent. By providing a phone number or email, you agree that EYN and our Affiliates (and our service providers) may contact you by email, SMS/MMS, and/or autodialed, prerecorded, or automated messages for transactional and marketing purposes consistent with this Agreement and our Privacy Policy.
b. Frequency & Fees. Message frequency varies. Message and data rates may apply.
c. Opt‑Out. You may opt out of marketing messages at any time: for SMS/MMS reply STOP; for email, use the unsubscribe link. You may receive a final message confirming your opt‑out. You will continue to receive essential transactional messages (e.g., account, security, legal notices) as permitted by law.
d. Help. For SMS/MMS help, reply HELP or email support@exploreyourneighborhood.com.
e. Carriers. Carriers are not liable for delayed or undelivered messages.
f. Records. You agree that we may maintain records of your consent and communications preferences.
(Additional program‑specific terms may be presented at enrollment and are incorporated herein by reference.)
12. SUBSCRIPTIONS; AUTO‑RENEWAL; BILLING
If you purchase a paid subscription or any paid feature (“Subscription”): (a) you authorize us to charge your payment method for the initial term and recurring periods until you cancel; (b) unless stated otherwise, Subscriptions renew automatically for the same period at the then‑current price; (c) cancelations take effect at the end of the current billing period; and (d) fees are non‑refundable except where required by law. We may offer trials or promotions subject to additional terms.
13. INTELLECTUAL PROPERTY; LIMITED LICENSE
The Services (including text, graphics, logos, trademarks, compilations, software, and other content) are owned by EYN or our licensors and are protected by intellectual‑property laws. Subject to this Agreement, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your personal, non‑commercial use. All rights not expressly granted are reserved.
14. PRIVACY
Our collection, use, and sharing of personal information is described in our Privacy Policy, which is incorporated by reference. You acknowledge that you have read our Privacy Policy.
15. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EYN, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless EYN, our Affiliates, and our respective officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your: (a) use of the Services; (b) User Content; (c) violation of this Agreement or applicable law; or (d) violation of any third‑party rights.
18. TERMINATION; SUSPENSION
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason. Upon termination, your license rights will end and you must cease all use of the Services, but sections that by their nature should survive (including 6–7 and 10–22) will survive.
19. DISPUTE RESOLUTION; ARBITRATION; CLASS‑ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.
a. Informal Resolution. Before initiating arbitration, the parties agree to first attempt to resolve any dispute informally by sending a written notice describing the dispute and proposed resolution to legal@exploreyourneighborhood.com and allowing 30 days for a response.
b. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that cannot be resolved informally will be determined by binding arbitration, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will take place in San Diego County, California, unless you and we agree otherwise.
c. No Class Actions. YOU AND EYN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND EYN WAIVE ANY RIGHT TO A JURY TRIAL.
e. Opt‑Out. You may opt out of arbitration within 30 days of first accepting this Agreement by sending an email to legal@exploreyourneighborhood.com with your name, account email, and a clear statement that you opt out of arbitration.
f. Small Claims. Either party may bring an individual action in small‑claims court with jurisdiction.
20. GOVERNING LAW; VENUE
This Agreement is governed by the laws of the State of Delaware, without regard to conflict‑of‑law principles, except that the Federal Arbitration Act governs Section 19. Subject to Section 19, the exclusive jurisdiction and venue for any non‑arbitrable action will be the state and federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
21. INTERNATIONAL USE
We make no representation that the Services are appropriate or available for use in all locations. You are responsible for compliance with local laws. We may limit availability of the Services in any location at any time.
22. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If you believe content infringes your copyright, please send a notice to legal@exploreyourneighborhood.com with: (a) your contact info; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) a statement that you have a good‑faith belief that use is not authorized; (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act; and (f) your physical or electronic signature. We may remove content and terminate repeat infringers.
23. ELECTRONIC COMMUNICATIONS; E‑SIGN CONSENT
You consent to receive disclosures, notices, and agreements electronically. You agree that your actions (including clicking to accept, creating an account, opting in, or using the Services) constitute your electronic signature and agreement to this Agreement.
24. MISCELLANEOUS
a. Entire Agreement. This Agreement, together with any program‑specific terms and our Privacy Policy, is the entire agreement between you and us regarding the Services and supersedes any prior agreements.
b. Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in effect.
c. Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement.
d. No Waiver. Our failure to enforce any provision is not a waiver.
e. Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
f. Headings. Headings are for convenience and do not affect interpretation.
25. ADDITIONAL SMS/MMS PROGRAM TERMS (IF APPLICABLE)
When you enroll in any EYN SMS/MMS program:
• You affirm you are the subscriber or customary user of the provided number and have authority to consent.
• You consent to receive recurring automated marketing and transactional messages at the number provided.
• Message frequency varies; message/data rates may apply.
• Text HELP for help; STOP to cancel. After you text STOP, you may receive a confirmation message.
• Not all carriers are supported at all times. Delivery not guaranteed.
• Age 18+ only.
• For questions, contact support@exploreyourneighborhood.com.
26. CONTACT; NOTICES
For any questions about this Agreement, contact legal@exploreyourneighborhood.com.
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IMPLEMENTATION NOTES (REMOVE BEFORE PUBLISHING)
• Replace October 23, 2025 with the date of publication.
• Link “Privacy Policy” references to your actual policy URL.
• If you use a different arbitration provider, update Section 19 accordingly.
• Consider displaying a conspicuous checkbox (unchecked by default where required) with: “I agree to the User Agreement and Privacy Policy, and I consent to receive emails and texts as described,” next to links to both documents.
• Maintain timestamped records of each user’s acceptance, IP, user agent, and messaging consent language.