Terms of Service | CityVibeCheck

Last Updated: March 1, 2025

1. Acceptance of Terms

Welcome to CityVibeCheck. These Terms of Service ("Terms") govern your access to and use of the CityVibeCheck website, located at cityvibecheck.com (the "Site"), and any services, features, content, applications, or information offered by CityVibeCheck (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and CityVibeCheck ("we," "us," or "our").

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.

3. Description of Services

CityVibeCheck provides a platform that allows users to:

Enter lifestyle preferences through interactive sliders
Search for and compare ZIP codes based on these preferences
Receive personalized neighborhood "vibe reports"
Connect with real estate professionals ("Vibe Experts")
Save and manage favorite neighborhoods

Our Services are informational in nature. The neighborhood reports, ratings, and recommendations are generated based on general information about neighborhoods and your stated preferences. They are not guaranteed to be accurate, complete, or current.

4. User Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

5. User Conduct

In using the Services, you agree to:

Provide accurate and truthful information
Use the Services solely for lawful and authorized purposes
Not attempt to probe, scan, or test the vulnerability of our systems
Not interfere with or disrupt the Services or servers connected to the Services
Not impersonate any person or entity
Not harass, abuse, or harm another person
Not use the Services for any illegal purpose

6. Intellectual Property Rights

Our Content

All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (collectively, "Our Content"), is the property of CityVibeCheck or its suppliers and protected by copyright and other laws. You agree not to modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Content without our express written consent.

Your Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable right to use such Feedback in any way we see fit, including to improve the Services or develop new features.

7. User Contributions

The Services may contain message boards, chat rooms, personal profiles, forums, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions").

All User Contributions must comply with the Content Standards set out in these Terms. You retain ownership of your User Contributions, but by providing any User Contribution, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at cityvibecheck.com/privacy-policy.html.

9. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by CityVibeCheck. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CityVibeCheck shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Connection to Real Estate Professionals

When you use our "Connect with a Vibe Expert" feature, we may share your information with third-party real estate professionals. These professionals are independent of CityVibeCheck and we do not control their conduct or services. We do not guarantee the quality, safety, or legality of their services. Your interactions with these professionals, including any disputes, are solely between you and the professional.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CITYVIBECHECK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES. CITYVIBECHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

12. Limitation of Liability

IN NO EVENT SHALL CITYVIBECHECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CITYVIBECHECK SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless CityVibeCheck, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the Services; (2) your violation of any term of these Terms; (3) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (4) any claim that your User Contribution caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

14. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of [Your State], without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your County, Your State] for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

15. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying [Your State] law.

16. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and CityVibeCheck regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the Services.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Email: terms@cityvibecheck.com