Terms & Conditions

(last updated June 20, 2012)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS WEB SITE AT WWW.BLOCKAVENUE.COM (THE “SITE”), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”).

1. General
BlockAvenue, Inc. and its subsidiaries and affiliates (collectively, “BlockAvenue”) provides you with access to the Site, and/or other Web sites as specifically indicated herein, and provides you with its services offered on said Site(s) (collectively, the “Services”). Access to and use of the Services is governed by these Terms of Use. Please note that BlockAvenue is a trademark of BlockAvenue, Inc..

2. Services
The Services offered on the Site include the maintenance of the BlockAvenue online community, in which members can write reviews, grade locations, ask and answer questions and connect with one another on a wide range of topics about neighborhoods, local streets and nearby locations, as well as create profiles and share facts, opinions, reviews and personal experiences to help others. The Services further include BlockAvenue Widgets, BlockAvenue Location Reviews & Ratings, BlockAvenue Location Questions, Block Reports, and other content, products and/or services made available on the Site and its affiliates. The Services may also be located on third party Web sites and/or applications, either as a link from an add-on service or otherwise. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price, or that any advertiser will sell any product or service for any purpose or price or on any specific terms. 

3. Third Party Advertising and Business Dealings
BlockAvenue may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. BlockAvenue is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. BlockAvenue is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with any BlockAvenue advertisers or other third parties, you release BlockAvenue from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

4. User Submitted Content
You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the “User Content”) that you post, submit, publish, display or link to on the Site or send to other BlockAvenue users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including, without limitation, the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any federal, state or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading. Without limiting the foregoing, you will at all times adhere to the BlockAvenue Community Guidelines which are incorporated into these Terms of Use. 

You agree that by posting content on the Site, you are granting BlockAvenue a royalty-free, perpetual, irrevocable and fully sublicensable non-exclusive license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post or submit to BlockAvenue may be redistributed through the Internet and other media channels, and may be viewed by the general public. 

You understand that BlockAvenue does not approve or control the User Content posted by others, and instead simply provides a service that allows users to access information that has been made available by others. As a provider of interactive computer services, BlockAvenue is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. BlockAvenue assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, BlockAvenue reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. BlockAvenue nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content. 

You understand that BlockAvenue does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, BlockAvenue cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will BlockAvenue be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Services. 

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. These Terms of Use do not create any private right of action on the part of any third party, nor do they create any reasonable expectation that the Site will not contain any prohibited content. 

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker. You use the Site and the Services at your own risk. 

5. Modification of BlockAvenue Services
BlockAvenue reserves the right to modify or discontinue the Service or a portion or attribute thereof. BlockAvenue also reserves the right to modify or discontinue the offering of any information, good, content, product or service with or without notice. BlockAvenue shall not be liable to you or any third party should it exercise its right to modify or discontinue the Service or part of it. 

6. Copyright and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (“Materials”) thereof are proprietary property of BlockAvenue, its licensors or its users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of BlockAvenue or any third party. Any unauthorized use of this Site will terminate the license granted by these Terms of Use and may violate applicable law, including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. 

BlockAvenue does not assert copyright ownership rights to the underlying images or descriptions of real estate listings that may be contained in our search results. BlockAvenue derives such copyrighted images and/or descriptions from third party Web sites or information provided by such Web site owners, which BlockAvenue reproduces solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. 

BlockAvenue does assert copyright ownership of and reserves all right to the search results and associated compilations created by BlockAvenue. 

7. Trademarks and Service Marks
The name “BlockAvenue” and its associated logos are trademarks, service marks and/or registered trademarks of BlockAvenue, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without BlockAvenue’s prior written permission or that of its suppliers or licensors. You may not use any meta-tags or any other “hidden text” utilizing “BlockAvenue” or any other name, trademark, or product name belonging to or associated with BlockAvenue without its permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BlockAvenue, and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks and product names mentioned herein, and BlockAvenue’s names or logos, are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply BlockAvenue’s endorsement, sponsorship or recommendation thereof. 

8. Disclaimer of Responsibility for Third Party Content
BlockAvenue may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. BlockAvenue does not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, belong to their respective author(s) or distributor(s) and not BlockAvenue. In many instances, the content available through this Site represents the opinions and judgments of third party information providers or users. BlockAvenue does not endorse, adopt or assume liability for any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that BlockAvenue’s terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of the third party site. You use such Third Party Content contained therein at your own risk. 

9. Indemnification
You agree to defend, indemnify, and hold harmless BlockAvenue, its officers, directors, managers, members, agents, affiliates, employees, affiliated entities, successors and assigns from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site, or arising out of or related to your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against BlockAvenue arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party. 

10. No Warranties
THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. BLOCKAVENUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. BLOCKAVENUE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BLOCKAVENUE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. 

11. Limitation of Liability
IN NO EVENT SHALL BLOCKAVENUE, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. 

12. Choice of Law, Waiver, and Claims
These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. BlockAvenue’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and that the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

13. Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either BlockAvenue or you may seek any interim or preliminary relief, including injunctive relief, from a court of competent jurisdiction in Boston, Massachusetts, as necessary to protect the rights or property of you or BlockAvenue. 

Patent Pending | Copyright © 2012 BlockAvenue, Inc. ALL RIGHTS RESERVED.