ADVERTISER AGREEMENT

4 September, 2024

This Advertiser Agreement (“Agreement”) is made by and between you, an individual or entity that seeks to post advertisements for companionship, escorting, or other personal services provided by the individual depicted therein or their designated account operator (“Advertiser”), and (“Company”): www.nextdoorhottie.com,  and any affiliated website or mobile version (“Website(s)”), that permits approved Advertisers to publish posts advertising the sale of such services, including all text, photographs, video, graphics, website and social media links, stage name(s), characters, personas, biographical data, contact information, and other materials or information contained therein (“Advertisements”).

1. Acceptance and Modification of this Agreement

1.1 Advertiser may not pick and choose those terms which apply to Advertiser. If Advertiser does not agree with all provisions of this Agreement, Advertiser must cease all access to, and use of, the Websites. Nothing in this Agreement is intended to create any enforcement rights by third parties.

1.2 Advertiser represents and warrants that Advertiser (i) is at least eighteen (18) years of age or older, and is at least the age of majority in Advertiser’s jurisdiction, (ii) has the legal capacity to enter into and agree to this Agreement, (iii) is using the Websites freely, voluntarily, willingly, and for Advertiser’s business purposes, (iv) has not been convicted of a felony or any criminal sexual offense, and is not required to register as a sex offender with any government entity, (v) has not been convicted of and is not the subject of any prosecution, investigation, or civil action for illegal prostitution or sex trafficking, (vi) does not offer, nor intend to offer, any illegal services, including, but not limited to illegal prostitution or sex trafficking, and (vii) is accessing and using the Websites as is legal and permissible in Advertiser’s jurisdiction.

1.3 Advertiser further represents and warrants that Advertiser is not a resident of, nor located in, Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, nor any other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access to or use of the Websites would constitute a violation of any law, regulation, rule, or custom.

1.4 Nobody is authorized to access or use the Websites as an Advertiser unless they have accepted this Agreement. Such acceptance does not need to be through a physical signature, since electronic acceptance of this Agreement is permitted by law. Advertiser manifests acceptance of this contractual Agreement by taking any action demonstrating assent thereto. Examples of such actions include typing Advertiser’s name in a signature field, checking a box or clicking a button containing the words “I agree”, “continue”, or some similar syntax. Advertiser understands that this has the same legal effect as Advertiser’s placing a physical signature on any other legal contract. If Advertiser fails to take such action, Advertiser is still bound by the terms of this Agreement by virtue of Advertiser’s accessing any portion of the Websites. If Advertiser clicks any link, button, or other device provided to Advertiser in any part of the interface of the Websites, then Advertiser has legally agreed to the terms and conditions contained herein. Additionally, by accessing or using the Websites in any manner, including publishing Advertisements for publication on the Websites, Advertiser understands and agrees that Company will consider such use as Advertiser’s affirmation of Advertiser’s complete and unconditional acceptance of this Agreement.

1.5 From time to time, Company may revise this Agreement. Company reserves the right to do so, and Advertiser agrees that Company has this right. Advertiser agrees that all modifications or changes to this Agreement are in force and enforceable immediately upon posting and will apply to all Advertisements or other information provided to Company by Advertiser. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. As a specific exception to the foregoing, no update or change to this Agreement will affect the financial obligations owed by the Advertiser to the Company, which will exclusively be governed under the version of this Agreement published when the Advertiser posted the Advertisements. Company agrees that if it changes anything in this Agreement, Company will change the “Last Updated” date at the top of this Agreement so that it is immediately obvious that Company has updated the Agreement. Advertiser agrees to periodically re-visit this web page, and to use the “refresh” button on Advertiser’s browser when doing so. Advertiser agrees to note the date of the last revision to this Agreement. If the “Last Updated” date remains unchanged from the last time Advertiser reviewed this Agreement, then Advertiser may presume that nothing in the Agreement has been changed since the last time Advertiser read it. If the “Last Updated” date has changed, then Advertiser can be certain that something in the Agreement has been changed, and that Advertiser needs to re-review it in order to determine how Advertiser’s rights and responsibilities may have been affected by the revisions. In the event any court deems acceptance of a modification to this Agreement to be ineffective for any reason, the parties intend for the most recent, previously-accepted version of the Agreement to be enforced. By failing to periodically review this Agreement to determine if any of the terms have changed, Advertiser assumes all responsibility for such failure and Advertiser agrees such failure amounts to Advertiser’s affirmative waiver of Advertiser’s right to review the amended terms. Company is not responsible for Advertiser’s neglect of Advertiser’s legal rights.

1.6 Consideration for Advertiser’s acquiescence to this Agreement has been provided to Advertiser in the form of allowing Advertiser to apply to use the Websites as an Advertiser, which, if accepted, will include the right to establish an Advertiser account on the Websites (“Account”), publish Advertisements, and enjoy the associated promotional benefits. Advertiser acknowledges the existence and sufficiency of consideration upon Advertiser’s acceptance of this Agreement.

2. Accounts

2.1 Advertiser must register an Account with the Company. However, merely registering an Account does not grant the Advertiser the right to publish any Advertisements. Accounts must be approved by the Company before Advertiser may publish any Advertisement. Advertiser warrants and represents that all information provided in connection with registration for an Account is true and correct. Advertiser is permitted to create only one (1) Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, terminated, or banned by the Company at any time, in the Company’s discretion, if the Advertiser fails to meet or comply with this Agreement or any of Company’s publishing guidelines, quality assurance evaluations, anti-fraud policies, or Advertiser authentication efforts. Advertisers who have been rejected, suspended, denied, or banned from establishing an Account shall not attempt to register another Account using the same or different registration information. Any such circumvention efforts shall be deemed to be fraudulent and unlawful.

2.2 Advertiser shall be responsible for all activities conducted through Advertiser’s Account, whether or not authorized by Advertiser. Advertiser agrees to immediately notify the Company of any unauthorized access to or use of Advertiser’s Account. Company disclaims any and all liability resulting from fraudulent access to and/or use of the Websites via Advertiser’s Account.

2.3 Advertiser acknowledges and agrees that the Account may be used solely to enable the purposes set forth in this Agreement including any uses necessary to effectuate the intent thereof. Advertiser will safeguard its Account password and other log-in information in accordance with industry standards, and Advertiser shall not share such information with any third party. Advertiser remains solely responsible and liable for the Advertisements in such Account regardless of any assistance that Company may provide Advertiser with respect to such Account (e.g., loading or transferring Advertisements into the account) as permitted under this Agreement.

2.4 If Advertiser operates a solo account, Advertiser will not post Advertisements depicting any third party. If Advertiser operates a multiple Advertiser account, the designated operator of the multiple Advertiser account will only post Advertisements depicting the Advertiser and/or any third-party Advertiser who has (i) provided all necessary documentation to us and our-third party verification service providers and passed our verification procedures, (ii) provided the operator of the multiple Advertiser account with such age verification documents, (iii) designated the operator of the multiple Advertiser account as their delegate, (iv) affirmatively consented to publication of their depiction in the Advertisement on Nextdoorhottie and agreed to all publishing standards by accepting this Advertiser Agreement. The designated operator of a multiple Advertiser account is fully responsible for all Advertisements posted to that account and for all payments due in relation to such Advertisements. We reserve the right to demand production of records demonstrating to our satisfaction that any individual depicted in the Advertisements has passed age verification, designated the Advertiser as an account operator, affirmatively consented to publication on Nextdoorhottie, and agreed to this Advertiser Agreement. Should any Advertiser no longer wish to be depicted on a multiple Advertiser account, such Advertiser may notify Company of such request at any time, for any reason, and we will remove all depictions of such Advertiser from the multiple Advertiser account in a reasonably timely manner. Should the designated operator of a multiple Advertiser account be informed that any third-party Advertiser no longer wishes to be depicted on the multiple Advertiser account, the designated operator of the multiple Advertiser account must notify Company and remove all depictions of such Advertiser from the multiple Advertiser account within one (1) business day.

2.5 Before permitting Advertiser to publish any Advertisements, or engage in other activities on the Websites, Company, in its sole and absolute discretion, reserves the right to require Advertiser to (i) provide certain information and identification documentation, including an unblurred, uncropped, and otherwise unobstructed facial image for comparison to such documentation, and (ii) undergo and pass certain verification procedures. Advertiser hereby represents, warrants, and covenants to the Company that (i) all information and documentation provided by Advertiser to Company or our third-party verification service providers for the purposes of undergoing any verification process is truthful, current, complete, and accurate; (ii) that Advertiser has all rights necessary to use and present such information and documentation to Company or our third-party verification services providers; (iii) that any such documentation was issued by the authority of an appropriate and valid government agency of the person whose name appears on the documentation; and (iv) that Advertiser’s face is clearly visible in any documentation and supporting photographs that Company reserves the right to require Advertiser to provide.

2.6 Provided Company approves Advertiser’s Account, Company hereby grants Advertiser the right to use the Websites and to publish Advertisements in accordance with this Agreement. This Agreement does not constitute a license for Advertiser to use Company’s trade names, service marks, domains or any other trade insignia owned or licensed by Company, including but not limited to any mark listed here, except as may be permitted by Section 2.6 herein. Any use of any of Company’s or Company’s licensors’ trade names, service marks or any other trade insignia is strictly prohibited, absent Company’s prior written consent. Specifically, Advertiser is not permitted to register any Uniform Resource Locator (URL) or World Wide Web address that contains any of Company’s or Company’s licensors’ trademarks or URLs or that contains any terms that are confusingly similar to Company’s or Company’s licensors’ trademarks or URLs.

2.7 Advertiser may also apply to become Nextdoorhottie Verified. Verification is merely a label which guarantees that the documents that the Company has on file match with the authentication photo provided to Company by Advertiser. In the event Company approves the Advertiser’s application to the Nextdoorhottie Verified program, Company hereby grants to Advertiser a royalty-free license to use, copy, and publicly display the NEXTDOORHOTTIE VERIFIED & Design collective membership mark in a manner subject to ongoing approval by Company. This license granted in this section shall continue until the first of the following events to occur: (a) Advertiser fails to meet the qualifications established by Company as a prerequisite to use the mark; or (b) Company terminates this license in its sole discretion by and upon providing notice to Advertiser. Company reserves the right to implement a royalty or other consideration requirement for continuation of the rights granted hereunder.

3. Publishing Standards for Advertisements

3.1 Subject to Company’s approval of the Account and payment of all applicable charges and fees, Advertiser may publish Advertisements on the Websites, provided such Advertisements meet the following Publishing Standards and:

• do not offer for sale any illegal services, including, but not limited to illegal prostitution or sex trafficking;
• do not otherwise violate any law, rule, or regulation of the United States, the jurisdiction in which the Advertisement is published, or the jurisdiction in which the Advertiser resides;
• do not contain depictions of sexually explicit content, unclothed genitals or pubic area;
• depict only individuals who have consented to publication of the Advertisement on the Websites and who were over the age of eighteen (18) years of age (or older, if the age of adult status is greater than eighteen (18) in the jurisdiction where the persons were photographed or where the Advertisements will be published), at the time that said persons were photographed, in connection with the production of the Advertisements;
• do not suggest or attempt to create the impression that any individual depicted in the Advertisements is under the age of eighteen (18) nor use any terms or phrases to market themselves or the services that could be used to describe a minor;
• do not contain promotions of violence, harassment, defamation, hate speech or action, abuse, or obscenities, nor link to any third party website which promotes the same;
• do not utilize any fake or “stock” photography, and that any photograph of a person depicted in the Advertisements is a true and accurate representation of the person depicted and available for any services advertised;
• does not contain a video longer than three (3) minutes;
• are in English, and
• do not use any slang, emojis, foreign languages, or other attempts to communicate or display any activity prohibited herein.

3.2 Advertiser understands and agrees that any violation of this provision or any other provision constitutes a material breach of this Agreement, allowing Company to immediately terminate this Agreement and the Advertiser’s Account, without refund. Advertiser understands that noncompliant Advertisements will be removed, and that Company does not edit noncompliant Advertisements, nor suggest changes to noncompliant Advertisements, to bring Advertisers into compliance with this Agreement. Instead, Company may delete, remove or refuse to publish any Advertisements that it believes to be in violation of this Agreement. Advertiser waives any and all claims relating to such removal. Any violation of the Publishing Standards can result in suspension or termination of the Advertiser’s Account along with a permanent ban on use of the Website.

3.3 Advertiser must maintain truthful, accurate, current, and complete documentation of all person(s) depicted in the Advertisements which demonstrates that all person(s) were over the age of eighteen (18) years of age (or older, if the age of adult status is greater than eighteen (18) in the jurisdiction where the persons were photographed or where the Advertisements will be published), at the time that said persons were photographed, in connection with the production of the Advertisements. Advertiser must present such documentation to Company upon request. Advertiser acknowledges that such documentation includes evidence of the date of production of any such depiction.

3.4 Advertiser bears full and sole responsibility for the production and publication of the Advertisements, including any content accessible via any link Advertiser includes as part of the Advertisements, and for any technical malfunctions, errors, or other problems caused by such link. Advertiser specifically indemnifies and holds the Company (and its owners, officers and directors, successors, assigns, attorneys, affiliates, agents, and licensees, and, in all cases, their respective owners, officers and directors, successors, assigns, affiliates, agents, and licensees) harmless for any claims, debts, or allegations relating to any contents of the Advertisements, including any site linked to by the Advertiser. Advertiser warrants and represents that it has all necessary rights to display all Advertisements published on the Websites by Advertiser, including, without limitation, all necessary model releases, copyright licenses, trademark licenses, assignments, publicity rights and the like. Advertiser shall notify Company within one (1) business day of first posting of any necessary corrections, changes, or deletions thereto.

3.5 Advertiser hereby grants Company, along with its successors and assigns, a worldwide, non-exclusive, perpetual, royalty free, assignable, sublicense-able, and freely transferrable license to use, display, copy, publish, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate the Advertisements on the Websites and/or to incorporate such Advertisements into any form, medium, or technology now known or later developed. The license granted to the Company by the Advertiser shall permit publication of the Advertisements on other third-party websites which will assist Company with getting more viewers to see the Advertisements, including any derivative works based on, or compilation including, such Advertisements, for the purposes set forth in this Agreement including any uses necessary to effectuate the intent thereof. Advertiser agrees that this license includes the right of Company to place an “Nextdoorhottie” branded watermark on any component of the Advertisements that Advertiser publishes on the Websites. Advertiser further warrants and represents that Advertiser consented to the recording of any image or other content depicting the Advertiser in any Advertisements, and Advertiser consents to the publication of such Advertisements on Nextdoorhottie.

3.6 Advertiser acknowledges that merely stopping payment on their Advertisements or non-renewal of advertising with Company does not constitute a termination of license rights or this Agreement. Company shall not be required to return any Advertisements to Advertiser that Advertiser has published to the Websites. Notwithstanding anything to the contrary, Advertiser acknowledges that all Advertisements may be maintained indefinitely by the Company, or its predecessors, agents, directors, shareholders, affiliates, successors and assigns for archival, contractual, and/or legal purposes including, without limitation, the publication of an archived section of Advertisements, the publication of a profile section of the Advertiser, a sale of the Company or all or substantially all of its assets, and/or bankruptcy, receivership, or insolvency of the Company.

3.7 Notwithstanding any provision hereunder to the contrary, Company may, but shall have no obligation to, enforce Advertiser’s copyrights or other intellectual property rights associated with the Advertisements published by Advertiser on the Websites. Advertiser acknowledges that intellectual property theft is rampant on the Internet, and that Advertisements may be stolen, copied, or otherwise infringed by third parties over which Company has no control. Should any such infringement occur, Advertiser shall bear the sole obligation of enforcing Advertiser’s intellectual property rights, should it desire to do so. Company retains the right to enforce its own copyrights, license rights, and other intellectual property rights associated with the Websites and related works. Advertiser will reasonably cooperate with Company and its counsel in respect of any suspected infringement or suit for infringement, including, without limitation, testifying, and by making available any records, papers, information, and the like when reasonably requested by Company.

3.8 Company is not required or obligated to pay Advertiser any monetary compensation for the license rights that Advertiser has granted to Company hereunder, and Advertiser agrees that the publication of the Advertisements on one or more of the outlets on the Websites constitutes adequate and sufficient consideration for the grant of said rights.

3.9 Advertiser hereby represents, warrants, and covenants to the Company that (i) Advertiser owns or possesses the legal authority to transfer or grant to Company any license rights, intellectual property rights, other legal or equitable rights necessary or required to permit the publication of the Advertisements on the Websites; (ii) Advertiser has made no other agreements, obligations, commitments, or legal encumbrances that might prevent or interfere with the rights and license that Advertiser has granted to Company hereunder or that might prevent Company from freely using the Advertisements as provided in this Agreement; and (iii) all information contained in the Advertisements is truthful, accurate, current, and complete.

3.10 Advertiser agrees that the Company shall not be responsible or liable in any way or to any degree for the loss or damage to any Advertisements published by Advertiser on the Websites. All Advertisements are subject to Company’s record retention and other related policies. Advertiser expressly acknowledges that Advertiser is only supplying copies of the Advertisements to Company, and that Company is under no obligation to maintain backup copies of any Advertisements published by Advertiser or return Advertisements to the Advertiser.

3.11 Advertiser represents, warrants, and covenants that the description of the services offered in the Advertisement are a truthful, accurate, current, and complete description of the services actually offered by the Advertiser. Whether in an Advertisement, in any communications with any other user of the Websites including through any third-party service provider, nor in any in-person meetings with any other user of the Websites, Advertiser will not offer to provide any illegal services or to otherwise engage in unlawful behavior. Offering or engaging in illegal activities, whether in the Advertisements or off the Websites, will result in termination of the Account.

3.12 Advertiser represents, warrants, and covenants that Advertiser has obtained all necessary licenses, permits, and authorizations from all applicable agencies and authorities to offer and provide the services described in the Advertisements.

4. Payments and Refunds

4.1 To publish Advertisements, the Advertiser must select one or more of the Company’s advertising offerings and pay the applicable charges and fees. The charges and fees associated with the different offerings, once selected, are prominently displayed at the time of purchase. Such charges and fees are subject to change within Company’s discretion at any time. Such charges and fees are incorporated herein by reference. The creator of a multiple Advertiser account will be solely responsible for all financial obligations related to Advertisements published through such account, even if such Advertisements depict only third-party Advertisers who have consented to being depicted through such account by acceptance of this Advertiser Agreement. Third-party Advertisers depicted in any Advertisements on a multiple Advertiser account will not be responsible for such financial obligations to the Company.

4.2 No refunds or credits (which include credits, adjustments, coupons, “Nextdoorhottie dollars”, and the like) are provided by Company and none should be expected by Advertiser. However, to the extent Company does provide a refund, Company, at its sole discretion, will either (i) issue a credit back to any credit or debit card used to pay for the advertising service; or (ii) issue a refund check which will be mailed to the current address of record as reflected in Advertiser’s account. Such refund check must be presented for payment to a financial institution within ninety (90) days of issuance, or such check (and the refund amount) will be cancelled and forfeited, and no replacement check will be provided. To the extent Company does provide or post a credit to Advertiser’s account or has provided a credit in the past, in each case, for any reason whatsoever, such credit must be used no later than (i) one hundred eighty (180) days of being posted to the Advertiser’s account; or (ii) prior to termination of this Agreement. Otherwise, the credit will be cancelled and forfeited, and no replacement will be provided. Any overpayment will be posted as a credit and handled in accordance with this paragraph.

4.3 Advertiser bears full and sole responsibility for ensuring that each payment is appropriately and adequately marked such that Company is able to apply such payment to Advertiser’s account and Advertisement. Advertiser must contact Company promptly if Advertiser believes that such Advertiser’s payment has not been applied correctly. If Company is unable to apply a payment within ninety (90) days after its receipt, such payment is forfeited, becomes the property of Company, and will not be refunded.

4.4 If the parties agree that Advertiser will pay for Advertisements based on a variable fee model such as impressions, clicks, exposure, conversions, and the like (e.g., banner ads), Advertiser must pay Company a non-refundable retainer fee in advance. At the end of a reporting period, as determined by Company in its sole discretion, Company will submit to Advertiser a report documenting the calculation of the advertising fee and such fee will be deducted from the retainer amount. Company’s records, files, statistics, and reports will be the only basis for the calculation of the advertising fee and are not subject to audit. Any questions concerning such calculation must be submitted within five (5) business days of Company’s submitting the report to Advertiser or such fee calculation will be deemed final. The parties acknowledge and agree that a variable fee model as described above is a common method for calculating an advertising fee between independent internet businesses and does not mean and does not imply that Company owns, controls, or has any influence over Advertiser’s business. Advertiser has sole and complete ownership and control over its business.

4.5 Advertiser acknowledges and agrees that Advertiser’s financial institution or vendor may impose a fee on Advertiser for the use of such financial institution or vendor’s credit/debit card or other payment method. Advertiser understands that domestic and/or international merchant processing may be used by Company and as such, additional international fees may be added. Advertiser is advised to understand such fees in advance as Advertiser is solely responsible for payment of such fees, and Advertiser should consider such fees when choosing a payment method and specific credit/debit card as fees do vary.

5. Copyright

We respect the intellectual property rights of all parties and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Nextdoorhottie, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate your access to Nextdoorhottie, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to you upon request. Information regarding submission of a notice of infringement under the DMCA can be found here: https://www.Nextdoorhottie.com/disclaimer/dmca. Abuse of the DMCA Notice & Takedown Policy shall constitute a breach of this Agreement.

6. Indemnification

Advertiser shall defend, indemnify, and hold harmless the Company (and its owners, officers and directors, successors, assigns, attorneys, affiliates, agents, and licensees, and, in all cases, their respective owners, officers and directors, successors, assigns, affiliates, agents, and licensees) from and against any action, suit, claim, judgments, penalties, losses, damages, costs, charges, including reasonable attorney’s fees, and other losses whatsoever, directly, indirectly, or consequentially resulting or allegedly resulting from the Advertisements or the actions (including a breach of this Agreement) by Advertiser or another person under Advertiser’s authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so. Advertiser further agrees to reimburse Company for any costs, including attorney’s fees, that it incurs in responding to subpoenas, discovery requests, court orders, law enforcement requests, or other legal process involving Advertiser.

7. Limitation of Liability

7.1 Advertiser agrees that the Company shall not be responsible or liable for the acts or omissions of any user that visits any website linked in the Advertisement, contacts Advertiser, hires Advertiser, or otherwise interacts with the Advertisement or Advertiser (“Traffic”). Such Traffic comes AS-IS without any warranties of any kind whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or quality. Advertiser is responsible for ensuring that such Traffic agrees to Advertiser’s terms and conditions and if such Traffic violates any such terms and conditions, Advertiser agrees not to hold the Company liable or responsible. Advertiser specifically releases Company from any and all claims arising as a result of interactions with third parties in connection with Advertisements published on the Websites, including claims for negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, deepfakes, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Websites, unavailability of the Websites, its functions and any other technical failure that may result in inaccessibility of the Websites, or any claim based on vicarious liability for torts committed by individuals met on or through the Websites or in relation to the provision of the services advertised on the Websites, including personal injury, property damage, fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, loss of liberty, pregnancy, manslaughter, murder, or other damages / losses incurred by Advertiser.

7.2 Advertiser understands and agrees that to the maximum extent permitted by applicable law, in any event, the Company’s liability under any provision of this Agreement in the aggregate shall be limited to a total of no more than ten dollars ($10.00). Because some jurisdictions do not allow the exclusion or limitation of liability, this provision may not apply to Advertiser.

8. General

8.1 All Advertisements are deemed by the parties to be not confidential for any purpose. Notwithstanding anything to the contrary in this Agreement, Company may, in its sole discretion, respond to reasonable requests for Advertiser information, whether formal or informal. Company shall have no obligation to resist or oppose such requests, or notify Advertiser of such requests, before providing any responsive information.

8.2 This Agreement, along with the incorporated Terms and Conditions, contains the entire agreement between Advertiser and Company regarding the subject matter addressed hereunder. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. While this Agreement may be transferred or assigned by Company, it may not be transferred or assigned by Advertiser.

8.3 Advertiser agrees that in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

8.4 Advertiser agrees that for purposes of construction, this Agreement shall be deemed to have been drafted by both Advertiser and Company. Any and all ambiguities and/or inconsistencies shall not be construed in favor of or against either party hereto.

8.5 Advertiser agrees that in any legal action arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs, including attorney’s fees on appeal.

8.6 The parties agree that this Agreement shall be governed by and construed under the laws of Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct or informal negotiations, then as the parties’ sole method of resolving such dispute, the dispute shall be finally settled under the Rules of Arbitration of the Zurich Chamber of Commerce by one arbitrator, knowledgeable in Internet and e-Commerce disputes, appointed in accordance with said rules. The proceedings shall take place in Zurich and shall be held in the English Language, excepting only claims for which injunctive relief is properly sought which must be in a court of competent jurisdiction located in Zurich. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator must be a member in good standing of a bar and have the ability to sign an oath of neutrality. The decision or award of the arbitrator shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL IN REGARD TO ARBITRAL CLAIMS.

8.7 No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

8.8 Other than Advertiser’s obligation to pay fees when due, neither party will be held liable for, or will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence, including, without limitation, acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; pandemics or epidemics; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, data security breach, SPAM, net congestion, or any failure of a computer, server or software. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

8.9 The relationship between Company and Advertiser under this Agreement is that of independent contractors and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. No party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any manner or thing whatsoever beyond the obligations created by this Agreement.

8.10 All notices to Company hereunder must be sent to the Company using the contact form located at https://www.Nextdoorhottie.com/contact by noting attention to “Legal.”

8.11 Any sections which by their nature would survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement for any reason.