Front Porch Forum Terms of Use

Last Updated July 10, 2023

Thanks for visiting Front Porch Forum's Terms of Use! Reading a platform’s Terms is probably not on your list of favorite activities, but it’s important that you do, because these Terms contain legal obligations, rights, protections, and remedies applicable to Front Porch Forum and to you as a user of Front Porch Forum.

Also, while we’ve taken efforts to avoid “legalese”, some necessarily exists in these Terms. If you find that you have questions after reading something in these Terms, please feel free to contact us via the help center, and we’ll do our best to address them.

IN THESE TERMS:

Welcome

1. Some Important Definitions
2. Purpose of these Terms

Member Policy

1. Your Member Account
2. Prohibited Activities
3. Political Discussion and Election Use
4. Business and Nonprofit Use
5. Policy Violations

Privacy Policy

1. About this Privacy Policy
2. Policy Scope
3. Information We Collect
4. How We Use Your Information
5. How We Share Your Information
6. How We Protect Your Information
7. Storage and Retention of Your Information
8. Your Rights to Your Information; Contacting Us

Legal Terms

1. Member Content
2. Limited License to use the Service
3. Intellectual Property
4. Third-Party Links
5. Paid Services
6. Limitation of Liability and Disclaimer of Warranties*
7. Indemnification*
8. Your Obligation to Arbitrate*
9. Termination of your Member Account
10. Notices
11. Additional Terms

*Other companies typically render these sections in ALL CAPS to emphasize their critical importance to your and our rights. Because ALL CAPS are hard to read we’re instead including this note to tell you that these sections are very important.

Welcome

Welcome to Front Porch Forum (FPF). Our mission is to help neighbors connect and build community. We do that by hosting a network of online local forums covering all of Vermont and portions of neighboring states, where neighbors share postings and engage about a wide variety of topics. Here at FPF we strive to:

• Remain small and local: FPF is a Vermont-grown and Vermont-owned public benefit corporation, and we commit to remaining locally owned and small-scale.
• Respect your privacy: Unlike much of Big Tech, FPF is not in the surveillance business. We only use member data to deliver the service you signed up for. We don’t profile members or use targeted advertising, and we never sell member data under any circumstances.
• Create a shared experience: FPF is committed to providing you with a shared experience. All members of a given local community get the same content at the same time in largely the same format, rather than the individualized experiences (or “filter bubbles”) common on other platforms.
• Foster civility: Respect is key to healthy and resilient communities. FPF’s team of trained, Vermont-based staff moderate all content before it is published, helping to enforce the guidelines that preserve a neighborly culture.
• Help build community: FPF is intentionally designed to not fuel screen addiction. It’s meant to be a starting point for real-world engagement with neighbors.

Thank you for participating!

1. SOME IMPORTANT DEFINITIONS

While reading these Terms, note that:

• “FPF,” “we,” “us,” and “our” refer to Front Porch Forum, Inc., a Vermont public benefit corporation.
• The “Service” refers to the suite of products FPF offers including the Forum, Community Calendar, Business Directory and Paid Advertising, whether accessed through our website frontporchforum.com, mobile application, or email.
• “You,” “your,” and “Member(s)” refer to the person accessing and/or using the Service – whether that be an individual member of the community on their own behalf, an individual in their capacity as a public official or as a representative of a public or nonprofit entity, or an individual on behalf of their business (including those businesses that purchase paid advertising on the Service), or any other capacity in which a person uses the Service.
• “Member Content” refers to material that you submit to the Service via forum postings, calendar events, directory listings, and/or advertisements - or any information, images, materials or other content otherwise sent to us.
• “Content” refers collectively to Member Content and to the content that FPF generates and/or makes available to you, on a paid or non-paid basis, through the Service.
• “Terms of Use” or “Terms” refers, collectively, to the most current version of this document.

2. PURPOSE OF THESE TERMS

We have published these Terms to enable us to continue fulfilling our mission and commitments to members. These Terms contain important legal obligations, rights, protections, and remedies applicable to FPF, to you, and to all members. By using the Service you agree to adhere to, and be bound by, these Terms. If you do not agree to these Terms, do not use the Service. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. By continuing to use the Service after any changes come into effect, you agree to the revised Terms. Accordingly, we encourage you to occasionally review this page for changes and/or keep an eye out for announcements from FPF about changes.

Member Policy

1. YOUR MEMBER ACCOUNT

Individuals who live or work in an area served by Front Porch Forum are eligible to join their local neighborhood Forum. When you register, you provide us with some basic information, including your real name, street address, email address and password. Please maintain the security and confidentiality of your password. If someone is using your password or accessing your account without your permission, contact us via the help center.

Individuals may only create member accounts on the Service if they can form legally binding contracts under applicable laws, are not barred from using the Service under applicable laws or by FPF, and are at least 14 years old. By using the Service, you affirm that you meet all of these eligibility requirements.

As stated above, the Service is intended for individuals who are at least 14 years old. If you believe your under-14 child has provided personal information to or through the Service, contact us via the help center and we will endeavor to remove such information from the Service.

2. PROHIBITED ACTIVITIES

To encourage and preserve a neighborly culture, we ask that you commit to the following guidelines.

2.1 You agree not to use FPF to do anything illegal.

2.2 You agree not to register using an incomplete or false name, street address or email address. Anonymous registration is not permitted. A person’s real name is required on every account, including those for businesses, organizations, and local government entities.

2.3 You agree not to engage in public shaming, level accusations or insults, make personal attacks, antagonize neighbors, or share anything that is invasive of another's privacy.

2.4 You agree not to submit content or use FPF to engage in conduct that is harmful, threatening, abusive, or harassing; or submit content that is defamatory or libelous.

2.5 You agree not to submit content that intimidates, degrades or is hateful toward an individual or group of individuals on the basis of race, ethnicity, national origin, religion, age, or disability; sexual orientation, gender identity or expression; or economic, housing, or immigration status.

2.6 You agree not to repeatedly post the same or similar content, dominate the discussion, or otherwise drive away other members.

2.7 You agree not to use FPF to deliberately spread disinformation, defined as false or inaccurate information created and spread to influence public opinion and obscure truth.

2.8 You agree not to submit content that is false, deceptive, misleading, or misinformative. Learn more in the help center.

2.9 You agree not to submit graphic, inflammatory, or divisive content, or use FPF to incite fear, hate, prejudice, or violence.

2.10 You agree not to submit content that violates the Fair Housing Act by stating, in a posting for the sale or rental of any dwelling, a discriminatory preference based on any category protected by state and/or federal law. Learn more in the help center.

2.11 You agree not to advertise any illegal service, or the exchange of any item that is prohibited or restricted by any applicable law. Note: Promotion of cannabis products in Vermont by licensed companies is permitted as long as the content has been approved by the Vermont Cannabis Control Board (CCB).

2.12 You agree not to advertise the sale of, or seek to purchase pets; or advertise or seek stud services for pets. Re-homing with a small adoption fee is acceptable. Pets are defined as cats and dogs.

2.13 You agree not to submit content that constitutes or contains multi-level marketing, pyramid schemes, affiliate marketing, link referral codes, spam, or unsolicited commercial advertisement.

2.14 You agree not to attempt to buy, sell, solicit, give away, or barter weapons, firearms/guns and components or accessories, BB/pellet, stun, and spear guns, ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, or explosives.

2.15 You agree not to proselytize about religious beliefs.

2.16 You agree not to submit content that is pornographic or depicts a human being engaged in actual sexual conduct.

2.17 You agree not to contact anyone who has asked not to be contacted.

2.18 You agree not to collect data, including email addresses, about other members for political, commercial, unlawful or other purposes.

2.19 You agree not to promote services that compete with FPF.

2.20 You agree not to misrepresent FPF's policies or actions.

2.21 You agree not to repeatedly, aggressively, and/or abusively contact FPF staff or other representatives. Constructive criticism and reasonable feedback are always appreciated.

2.22 You agree not to impersonate any individual or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. Further, you agree not to post on behalf of a member or entity whose account was deactivated for TOU violations.

2.23 You agree not to attempt unauthorized use of FPF’s computer systems, or disrupt FPF’s service in any way.

2.24 You agree not to engage with the service in a way that detracts from FPF’s community-building mission.

The above provisions apply to all Content, including but not limited to Forum postings, Community Calendar events, Business Directory listings, paid advertisements, email messages and any other Content made available through use of FPF.

3. POLITICAL DISCUSSION AND ELECTION USE

Public officials may join FPF and participate in all the neighborhood Forums covering their districts. Postings from a public official should be limited to subjects related to that official's duties. All members are welcome to use FPF to discuss politics and elections (for public office and for ballot measures) within the following guidelines. The intent of these guidelines is to promote fair access to FPF around elections and political discussions.

3.1 FPF offers a Paid Campaign Posting option for both public office and ballot measure campaigns. Click here for details.

3.2 Apart from the paid option, postings regarding campaigns for public office are not permitted across multiple neighborhood Forums. Political campaign postings are welcome from individuals (including incumbents and challengers) in their single home Forum only, from their Neighbor profile.

3.3 Public officials are invited to share their views with their constituents through FPF about ballot measures. We ask officials to take a balanced approach, informing their constituents about the issues at hand without taking advantage of their access to FPF to promote a particular point of view.

3.4 FPF may reduce or eliminate the ability of selected categories of public officials to post on FPF for a period of time before an election.

3.5 Candidates and political parties are encouraged to ask their supporters to post campaign messages on their behalf. Each supporter may post on a single Forum only.

3.6 Announcements about political party organizing meetings are welcome (1,000 character limit). Local public officials with access to multiple FPF neighborhood Forums may post this type of item broadly. Political parties are welcome to submit items to FPF for consideration.

3.7 Postings on FPF to multiple Forums from a public official's account about contract negotiations between public entities (e.g., municipalities or school districts) and labor unions will only be published as Paid Campaign Postings.

3.8 While FPF discourages contentious singling out of neighbors, government officials and candidates for office in a democracy are subject to greater public scrutiny.

3.9 FPF can’t guarantee that postings submitted close to an election will be published before election day. For best results, submit election-related postings at least four days before the associated election.

4. BUSINESS AND NONPROFIT USE

Businesses and nonprofits are welcome on FPF, as a diversity of locally owned businesses and community nonprofits are the foundation of a vibrant and resilient local economy. A member representing a business or nonprofit can submit postings to the Forum and events to the Community Calendar, as well as maintain a listing in the Business Directory. To align with FPF’s mission of connecting neighbors and building community, and to balance neighbor-to-neighbor and business/nonprofit content, please follow these guidelines:

4.1 All members who join on behalf of a business or nonprofit must use their real first and last name.

4.2 Business and Nonprofit profiles come with monthly and yearly allowances for postings and calendar events. Organizations can upgrade for increased benefits (FPF offers monthly and annual payment options).

4.3 When a person posts repeatedly about a business or nonprofit using their Neighbor profile, our system may convert that profile from Neighbor to Business or Nonprofit. Our system is designed to strike a reasonable balance: mostly neighbor-to-neighbor postings, with a smaller number of organization-related postings. Members with a Business or Nonprofit profile who wish to post about items not related to their business or nonprofit can add a separate Neighbor profile to their existing FPF account, or create a separate FPF account with a different email address.

4.4 Employees or friends of a business or nonprofit who live in a different Forum than the one where the organization is located may post about the organization; however, we ask that such messages be limited in frequency and length, and we reserve the right to decline to publish postings that abuse this privilege.

4.5 FPF members are welcome to submit postings sharing recommendations for or against a business or nonprofit, though we discourage the airing of detailed grievances.

4.6 If your needs go beyond what’s offered for Business and Nonprofit profiles, please consider purchasing advertising on FPF.

5. POLICY VIOLATIONS

5.1 To report something that you believe is a violation of these terms, contact us via the help center.

5.2 If you violate these policies, FPF may a) ask you to revise your postings/other content, b) decline to publish your posting/other content, c) decrease your privileges, and/or d) deactivate your account for a period of time or permanently. FPF may or may not proactively inform members about action taken on their account(s) and/or content.

5.3 If you would like to ask a question about action taken on your content or account, contact us via the help center. We will provide explanations for moderation decisions as time allows. Please keep in mind that FPF reviews thousands of member postings and inquiries every week. Also see Member Policy section 2.21.

Privacy Policy

FPF requires some personal information — including your first and last name, street address, and email address — to maintain the integrity of our system and fulfill our mission of connecting neighbors and building community. We use this information to provide other Members with context when you post, to provide member support when you need it, and to mitigate harmful behavior. This information is collected and used in service of our social mission, not our revenue model. We do not and will never profile Members for advertising, or sell member data.

1. ABOUT THIS PRIVACY POLICY

This Privacy Policy describes the information that FPF collects from you, how we use that information, how we share your information, our legal bases for doing so, and your rights regarding the information you provide to us. As with the other parts of our Terms of Use, we may modify this Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If you use the Service following a change in this Privacy Policy, your use will constitute your acceptance of the updated Policy. Accordingly, we encourage you to occasionally review this Privacy Policy for changes and/or keep an eye out for announcements from FPF about changes.

2. POLICY SCOPE

This Policy does not apply to information that you have provided or made accessible to third parties, such as to other Members or through third party links. The Service may direct you to a third party service. Disclosure of information to these third parties is subject to the relevant third party’s privacy policy. We are not responsible for any third party’s privacy policy, even if we link to those sites and services from the Service. Additionally, you are solely responsible for complying with all requirements of applicable privacy laws in connection with the information that you receive in order to communicate with other Members on the Service.

3. INFORMATION WE COLLECT

3.1 Information We Collect Directly from You. We collect information that you provide directly to us. For example, we collect information that you provide when you create an account, build your profile, communicate with other Members on the Service, or communicate with us. The types of information that we may collect include identifiers such as your name, password, email address, and physical address.

3.2 Information Automatically Collected. For the reasons outlined in Section 4, we automatically collect activity-related information when you use the Service, including:

• Log Information: We collect log information about your use of the Service, including the type of browser that you use; the time of your access; and your IP address.
• Device Information: We collect information about the computer or mobile device that you use to access the Service, including the hardware model, and operating system and version.
• Information from Cookies and Other Tracking Technologies: We and our service providers collect information using various technologies, including pixel tags and cookies. Pixel tags are electronic images that may be used on the Service or in our emails, and track usage of the Service and effectiveness of communications. Cookies are small data files stored on your hard drive or in device memory that track the Service usage in order to help us provide and improve Service functionality; support our security features; detect violations of our Terms of Use; and analyze how the Service is performing, being accessed, and being used. Most devices are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. If you choose to remove or reject cookies, the web pages that require login will be unusable. Please note that we do not alter the Service’s data collection and use practices when we see a Do Not Track signal from your browser.

4. HOW WE USE YOUR INFORMATION

4.1 How We Use Your Information. We and our service providers process information about you where it is in our legitimate interests to do so and not overridden by your rights. We use your information in order to:

• verify your identity;
• provide you with Forum issues;
• display your name, street, and town on postings you submit;
• personalize, maintain, and optimize the Forum for you;
• communicate with you via email to provide you with account updates, reminders, and (when in line with the preferences you have shared with us) to provide you with other communications from FPF;
• provide customer service and support, responding to your comments, questions, and requests;
• monitor and analyze trends, usage, and activities in connection with the Service;
• support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error, or any illegal or prohibited activity;
• comply with applicable laws and respond to legal requests;
• maintain, improve, and further develop the Service;
• perform contracts with our service providers; or
• carry out any other purposes described to you at the time that we collect the information.

4.2 How We Do Not Use Your Information. Front Porch Forum does not use information about your use of our Service to track you, profile you, or sell information about you to advertisers. Specifically, we do not:

• track your patterns of usage of FPF (what pages you visit, what content you read, and the like);
• create any sort of record or profile of your behavior or attempt to predict anything about you based on your behavior; or
• target advertising at you based on any information about your use of FPF or what you read on FPF.

5. HOW WE SHARE YOUR INFORMATION

5.1 Through the Service. We share some of the information that we collect by displaying it on the Service according to your Member profile and account settings. For example, each published posting automatically contains the author's name and street. Information that is shared via the Forum, Business Directory, or Calendar may be visible to others on and off the Service.

5.2 With Our Service Providers. We use service providers in connection with operating and improving the Service to assist with certain business purposes, such as email transmission, data analytics and hosting, and some aspects of our technical and customer support. These service providers may access, process, and store information about you on our behalf for the purposes we authorize, subject to confidentiality obligations.

5.3 In an Emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.

5.4 Compliance and Protection. We may access, preserve, and disclose information about you (including your messages) to government entities and other third parties if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Use, or if necessary to protect the rights or property, or prevent fraud or abuse, of FPF or others.

5.5 Asset Transfer. If FPF changes its business/ownership structure (e.g., employee ownership or cooperative), information about your FPF account and activities may be transferred as part of that transition. We may also share this information with future legal affiliates.

5.6 Other Situations. We may de-identify or aggregate information about you and — once not identifiable to you individually — share it. Such information is not subject to this Policy. We may also share information about you with your express consent, at your direction, or where it is consistent with our mission and we are legally entitled to do so.

6. HOW WE PROTECT YOUR INFORMATION

We secure your personal information using industry-standard physical, procedural, and technical measures designed to prevent unauthorized or unlawful access, disclosure, or destruction of information. However, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you use the Service and provide us with your information at your own risk. If you have reason to believe that your personal information is no longer secure (for example, your FPF account password may have been compromised), please contact us via the help center.

7. STORAGE AND RETENTION OF YOUR INFORMATION

FPF is based in the State of Vermont, and is intended for residents of Vermont, portions of New York, and one or more additional U.S. states within the New England region. For the avoidance of doubt, the Service is not intended for use by residents of other states or countries, including, but not limited to, California, Colorado, Illinois, Virginia, or the European Economic Area.

As stated in the “Member Policy” section, the Service is intended for people at least 14 years old and older. If you believe your child who is 13 or under has provided personal information to or through the Service, please contact us via the help center and we will endeavor to remove such information from the Service.

Information about you will be transferred to, and processed in, the U.S. and/or other countries. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and that no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place regarding the security of your information.

We will retain your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Note that, if you deactivate your account, FPF does not automatically delete your data. Unless otherwise required by applicable law or in order to protect our rights:

• We will delete any IP addresses and/or browser information collected after three years.
• If your account is in good standing (as determined by FPF), you may request that FPF delete your account and we will do so within 90 days, though it may take up to an additional 90 days for your account information to be fully purged from our backup files. Any posts or messages you submitted prior to deleting your account will still be visible to others unless you first delete the specific content.

Please note that, except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal information for any particular period and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you.

8. YOUR RIGHTS TO YOUR INFORMATION; CONTACTING US

Subject to the last paragraph of Section 7, you may at any time request that we update, correct, or delete your personal information by contacting us via the help center. If you have any questions, concerns, or complaints about this Policy or the way we process your personal information, please contact us via the help center.

Legal Terms

1. MEMBER CONTENT

1.1 You are responsible for the accuracy, reliability, appropriateness, legality, and intellectual property rights of the Member Content that you post to the Service or otherwise provide to FPF. By posting Member Content to the Service or sending Member Content to us, you represent and warrant that: (i) you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Member Content to the Service and to FPF; (ii) the Member Content does not include personal, private, or confidential information belonging to others; (iii) the Member Content does not otherwise violate the rights of any individual or entity; and (iv) the Member Content otherwise complies with these Terms.

1.2 You hereby grant FPF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your Member Content. This license: (i) includes permission for FPF to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Member Content on the Service by any party for any purpose; and (ii) permits your Member Content to remain on the Service even after you cease to be a Member of the Service.

1.3 You understand that, by using the Service, you may be exposed to Member Content that is offensive to you, or inaccurate, misleading, or otherwise objectionable. FPF makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained on the Service. Additionally, FPF is not a party to any communications or arrangements made among Members through the Service. FPF does not conduct or require background checks on Members and cannot guarantee that statements made by Members are truthful and accurate. Under no circumstances will FPF be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Service, or as a result of your interactions with other Members on the Service.

2. LIMITED LICENSE TO USE THE FORUM

In consideration for your adherence to these Terms, FPF grants you a limited, nonexclusive, revocable, non-transferrable, non-sublicensable license to access and use the Service for your own personal use (if you are an individual Member) or for your entity’s use (if you are an authorized representative using the Service on behalf of a government, nonprofit, or business). Your license does not include the right to collect, aggregate, copy, duplicate, display or otherwise make derivative use of any Content. You are also prohibited from using data mining, robots, spiders, or other data gathering and extraction tools for any purpose. (A limited exception to the foregoing is provided solely to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.) Any use of the Service outside of the scope of this License or otherwise not in accordance with these Terms automatically terminates such license. If you have questions regarding the scope of this license or a request for use of the Service which is broader than that contained in this license, please contact us via the help center.

FPF makes no guarantees regarding uninterrupted access to the Service. Additionally, FPF may in its sole discretion set limits on the maximum number and/or size of Member Content postings of any type. While FPF has the right to store Member Content indefinitely in accordance with Legal Terms Section 3, FPF has no obligation to do so, and may delete Member Content from the Service and/or from its databases at any time for any reason.

3. INTELLECTUAL PROPERTY

3.1 Front Porch Forum Intellectual Property. The Service, including any and all trademarks, logos, text, images, graphics, data, software, source code, and other information available through or as a part of the Service, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Service, are the sole property of FPF and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with FPF’s express written consent. Subject to your compliance with these Terms, FPF grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Service solely for your personal purposes (except as otherwise set forth in Section 11). Other than as necessary for your use of the Service in accordance with these Terms, FPF grants you no other privileges, licenses, or rights in and/or to the Service. Without limiting the foregoing, you are prohibited from decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Service, or from reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes any aspect of the Service.

3.2 Your Member Content. By posting Member Content to the Service or otherwise providing Member Content to FPF, you are making the representations and warranties regarding that Member Content as set forth in Section 1.1 and you are granting FPF the licenses as set forth in Section 1.2.

3.3 Others’ Content. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or any portion of such collective work, and/or copying or reproducing of the Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FPF. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FPF.

3.4 Injunctive Relief. You acknowledge and agree that any breach of any provision of this Section 9 would result in irreparable harm to FPF, for which money damages would be an inadequate remedy, and, therefore, you agree that FPF is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 9, in addition to any other remedies available at law or in equity.

3.5 DMCA Notification. If you believe that your work has been reproduced on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify FPF's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), contact us via the help center or via mail to: Copyright Agent / Front Porch Forum / PO Box 8219 / Essex Junction, VT 05451. Please provide our Agent with the below information, and subject to the procedures set forth in the Digital Millennium Copyright Act (DMCA), FPF will remove any infringing material:

(i) Identify the material on the Service that you claim is infringing with enough detail so that we may locate it on the Service;

(ii) Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(iii) Provide a statement declaring under penalty of perjury that (1) the information in your notice is accurate, and (2) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;

(iv) Provide your address, telephone number, and email address; and

(v) Provide your physical or electronic signature.

4. THIRD-PARTY LINKS

The Service contains links to websites operated by parties other than FPF. While some links are provided as a convenience to you, many of the websites we link to are operated by third parties that pay FPF fees in order to advertise on the Service. FPF does not control such third-party websites, tools, or resources, and we are not responsible for the content, products, services, or information offered by any such third parties. The inclusion on the Service of links to such third-party websites shall not be construed as FPF’s endorsement of any such third-party content, products, or services. If you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

5. PAID SERVICES

If you access and/or utilize the Service on a paid basis – as an advertiser, a business, a nonprofit, a public official, a candidate for office, or a governmental entity – you hereby represent, warrant, covenant, and agree that: (i) you are an authorized representative of the person or entity in whose name the subscription services are being provided; (ii) without limiting the foregoing, you hereby authorize FPF and/or our designated third-party payment processor to charge your designated payment method for the total amount of any fees you owe to FPF, including any applicable taxes; (iii) all fees are in U.S. dollars and all fees are non-refundable once paid; (iv) if your payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Service may be suspended or terminated; (v) if you have authorized a recurring payment, your subscription will renew automatically on an annual basis at the then-current rates unless you provide notice to FPF prior to the end of the then-current term of your desire not to renew; (vi) FPF reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time, with any such changes to take effect following written notice to you. For the avoidance of doubt, voluntary donations made to support FPF’s continued operations do not fall under the category of “Paid Services”.

6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

The Service is provided to you 'as is' and 'as available', without any representations or warranties of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. In no case shall FPF be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from: (a) your use of the Content or other parts of the Service; (b) the Service’s security, operability, or availability; (c) any information, advice, services, or goods obtained through or advertised on the Service; (d) statements, conduct, interactions, or dealings with any other Member or third party; or (e) any other claim related in any way to the Service - even if advised of the possibility of such injury, loss, claim, or damages.

Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve (12) months prior to the action that may have given rise to liability. The foregoing limitation does not limit FPF’s liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions FPF’s liability shall be limited to the maximum extent permitted by law.

Any cause of action or claim you may have related to these Terms, the Service, or the Content must be commenced within one (1) year after the cause of action accrues or the cause of action is permanently barred.

7. INDEMNIFICATION

To the full extent permitted by applicable law, you agree to indemnify, defend, and hold FPF, its affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) arising out of or in connection with: (i) your use of the Service or the Content other than as expressly authorized in these Terms; (ii) your provision of any Member Content; (iii) any other violation of these Terms, of any rights of a third party, or of any applicable law, statute, ordinance, or regulation. If you are a California resident, you hereby explicitly waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

FPF will promptly notify you in writing of any claim with respect to which FPF intends to claim indemnification. You shall assume and control the defense of such claim with counsel selected by you and reasonably acceptable to FPF, provided, however, that if the defense of the claim by you or its designated counsel would create a conflict with the interests of FPF, or if you fail to conduct the defense of such claim actively and diligently, then FPF shall have the right to assume and control the defense of such claim and retain its own counsel, with the costs, fees, and expenses thereof to be paid by you. If FPF assumes control of the defense of such claim as permitted above, you will reimburse FPF promptly and periodically (but no less often than monthly) for the costs of defending against the claim, including attorneys’ fees and expenses. No compromise or settlement of the claim may be effected by you without FPF’s prior written consent.

8. YOUR OBLIGATION TO ARBITRATE; VERMONT LAW AND VENUE

8.1 Before making a Claim, if requested by FPF, you agree to try to resolve any disputes through good faith discussions with FPF. As used herein, the term “Claim” means any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service, but excluding any claims FPF may make for injunctive or other equitable relief. You or FPF may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. In the event that you and FPF cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Claim in accordance with the remainder of this Section 8.

8.2 You agree that the Service shall be deemed a passive website based solely in Vermont that does not give rise to personal jurisdiction over FPF, either specific or general, in jurisdictions other than Vermont. These Terms shall be governed by the internal substantive laws of the State of Vermont, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Chittenden County, Vermont for any actions for which FPF may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Chittenden County, Vermont is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

8.3 For any Claim not settled pursuant to Section 8.1, you and FPF agree to resolve such Claim by binding arbitration by JAMS (judicial arbitration and mediation services), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Chittenden County, Vermont, unless you and FPF agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FPF from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Content or other aspects of the Service.

8.4 Where permitted under applicable law, you agree to bring claims against FPF only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless FPF agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, against FPF. This waiver applies to class arbitration, and, unless FPF agrees otherwise, the arbitrator may not consolidate more than one person’s claims. By using the Service, you and FPF are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 11, this Section 8.4 shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.

9. TERMINATION OF YOUR MEMBER ACCOUNT; FPF’S RIGHT TO SEEK DAMAGES

You agree that FPF may, in its sole discretion and without liability to you or any third party, remove any Member Content submitted by you, block your email address or IP address from accessing the Service, deactivate your FPF account, and/or otherwise suspend or terminate your use of the Service for any reason, including, without limitation, if FPF believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the Member community, or to protect FPF’s reputation. Additionally, any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. FPF may also in its sole discretion and at any time discontinue providing any or all Content or any other part of the Service, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and you acknowledge and agree that FPF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Service. In the event that you have a paid subscription to the Service and FPF terminates your access to the Service for any reason other than your breach of these Terms of Use, then FPF will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, FPF will not be liable to you or any third party for any termination of your access to the Service. All defined terms within these Terms shall survive any such termination.

Without limiting anything in the foregoing, you further acknowledge and agree that FPF may, without notice to you, seek monetary damages against you if you breach any of these Terms. Additionally, FPF retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. FPF’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

10. NOTICES

Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to Front Porch Forum / Attn: Legal / PO Box 8219 / Essex Junction, VT 05451, or by contacting us via the help center (Attn: Legal). Any notice to you shall be given to the most current email address in your account.

11. ADDITIONAL TERMS

The Service is controlled and operated from the United States and intended for residents of Vermont, portions of New York, and one or more additional U.S. states within the New England region. Those who access or use the Service from other jurisdictions are solely responsible for compliance with all applicable U.S. and local laws and regulations. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. These Terms may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of FPF’s assets, or similar transaction. No joint venture, partnership, employment, or agency relationship exists between you and FPF as a result of these Terms or your use of the Service. FPF’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of FPF’s right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by FPF with respect to such use. These Terms (including the documents expressly incorporated by reference herein) constitute the entire agreement between you and FPF with respect to the Service, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FPF with respect to the Service.