Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the North Lake Wire Neighborhood Association website, registration forms, communication tools, and related services (collectively, the “Services”). The Services are powered by the ToeHat Connect platform. By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services for an organization, you confirm that you have authority to accept these Terms on its behalf. In that case, “you” includes both you and that organization.

2. The Services

North Lake Wire Neighborhood Association provides tools for organizations and event teams to collect registration information, manage contacts, organize campaigns and events, and send email or SMS communications. Features may change as we improve the Services. We may add, modify, suspend, or discontinue features, including individual communication methods, when reasonably necessary to operate or improve the Services.

3. Registration and account responsibilities

Some features are available only to authorized administrators. You are responsible for providing accurate information, protecting your login details, and all activity conducted through your account. Notify us promptly if you believe an account has been accessed without permission. You may not share access in a way that defeats account limits or security controls.

Event participants should provide information that is accurate and belongs to them. If you submit information about another person, you must have the authority and any permissions required to do so.

4. Acceptable use

You agree not to:

• use the Services for unlawful, fraudulent, abusive, threatening, or harmful activity;
• send spam, deceptive messages, or communications to people who have not provided appropriate permission;
• upload malware, malicious code, or content intended to disrupt the Services;
• attempt to gain unauthorized access to an account, system, or data;
• interfere with, probe, scan, or place an unreasonable load on the Services;
• copy, resell, lease, sublicense, or reverse engineer the Services except where applicable law permits it; or
• use the Services to collect or distribute sensitive information in violation of applicable law.

5. Email and SMS communications

Organizations and event teams are responsible for the content, recipient lists, permissions, and legal compliance of communications they send through the Services. You are responsible for honoring opt-out requests and maintaining any required notices or consents.

For SMS messages, recipients can reply “STOP” to opt out and “HELP” for assistance. Message and data rates may apply, and message frequency varies. Delivery may depend on mobile carriers and other providers, so we do not guarantee that every message will arrive or arrive at a particular time.

6. Your content

You retain ownership of the names, contact information, messages, files, and other content you submit to the Services (“Your Content”). You grant ToeHat a limited, non-exclusive license to host, process, transmit, and display Your Content only as needed to provide, secure, maintain, and improve the Services or comply with law.

You represent that you have the rights and permissions necessary for Your Content and that it does not violate these Terms or applicable law. You are responsible for keeping an appropriate copy of Your Content. We may remove content that violates these Terms or creates risk for the Services or others.

7. Intellectual property

The Services, including their design, software, branding, text, graphics, and other materials provided by ToeHat, are owned by or licensed to ToeHat and are protected by applicable intellectual property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. ToeHat, ToeHat Connect, and related names and marks are not available for use without prior written permission.

8. Third-party services

The Services may rely on or link to third-party websites, carriers, hosting providers, payment services, analytics tools, or other services. Third-party services may have their own terms and privacy policies, and ToeHat is not responsible for their availability, content, or practices. Your use of those services is subject to the terms that apply to them.

9. Suspension and termination

We may suspend or limit access to the Services if we reasonably believe that you have violated these Terms, created a security or legal risk, failed to follow communication requirements, or used the Services in a way that may harm others. We may also suspend access to address maintenance or an urgent security issue. Where reasonably possible, we will provide notice and an opportunity to resolve the issue.

You may stop using the Services at any time. Provisions that by their nature should continue after termination, including ownership, disclaimers, limitations of liability, and dispute-related provisions, will continue to apply.

10. Disclaimers

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will be uninterrupted, error-free, completely secure, or available at every location or time. We disclaim warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except where such disclaimers are not permitted by law.

11. Limitation of liability

To the fullest extent permitted by law, ToeHat and its affiliates, officers, employees, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities arising from or related to the Services or these Terms. Our total liability for claims relating to the Services will not exceed the amount you paid to us for the Services during the twelve months before the event giving rise to the claim, or $100 if you paid nothing, except where applicable law requires a different result.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless ToeHat and its affiliates, officers, employees, and service providers from claims, losses, liabilities, damages, costs, and expenses arising from your use of the Services, Your Content, your communications, your violation of these Terms, or your violation of another person’s rights or applicable law.

13. Changes to these terms

We may update these Terms from time to time. We will post the revised Terms and update the “Last updated” date. If a change materially affects your rights or obligations, we will provide notice when reasonably possible. Your continued use of the Services after an update means you accept the revised Terms.

14. General provisions

If part of these Terms is found to be unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. These Terms and any dispute related to the Services will be governed by applicable law, without regard to conflict-of-law rules. These Terms, together with policies linked from them, are the entire agreement between you and ToeHat regarding the Services unless a separate written agreement applies.