Terms and conditions

1. What Nearboard is and what this contract is

Nearboard (“Nearboard”, “we”, “us”) is an online directory of businesses and services. A business or professional (“the Advertiser”, “you”) creates an account, prepares a listing and, if they subscribe, publishes it on the site so visitors can find it and contact them directly.

The service is provided by Ricky Espinal De La Cruz, located at North Providence, Rhode Island 02911, USA. These Terms and Conditions (the “Terms”) are the contract between you and us. The Advertising policy, the cancellations and refunds page and the Privacy policy form part of it.

Nearboard is only an advertising medium. We do not sell, offer or provide the services that are advertised, and we are not a party to any deal between an Advertiser and their customers.

2. Acceptance and who can subscribe

By creating an account, publishing a listing or ticking the acceptance box before paying, you declare that you have read and accept these Terms. If you do not agree, do not use the service.

You must be at least 18 years old and have the legal capacity to enter into a contract. If you subscribe on behalf of a business, you declare that you have the authority to do so. You sign in with your Google account and you are responsible for everything that happens in your account.

We keep a record of your acceptance (date, time and version of these Terms) as proof.

3. No guarantee of results

We do not guarantee, promise or ensure, under any circumstances:

• a minimum number of visits, impressions, clicks, calls, messages, contacts or customers;
• sales, revenue, profits or return on investment;
• a particular position within the site or in search engines such as Google;
• that your listing will be seen by a specific person or at a specific time.

Results depend on factors we do not control: the type of business, whether people search for it online, demand and competition in your area, your prices, the quality and clarity of your listing, the season, the economy and each visitor's decision. Some businesses get almost no contacts online because their customers do not look for them there; the service may not be suitable for them, and that is not a breach by Nearboard.

The statistics we show (impressions, visits, calls) are informational and approximate. We only count traffic that looks human, and the figures may differ from those of other tools.

By subscribing you acknowledge that you understand this and that you do not rely on any promise of results, oral or written.

4. Plans and prices

We offer subscription plans (for example, Starter and Plus). Each plan has its price in United States dollars (USD) and its features, which are shown on the pricing page before you subscribe. Launch prices may change; if they do, the new price applies from your next renewal and we will notify you by email at least 30 days in advance, so you can cancel beforehand if you disagree.

Prices do not include taxes, which will be added where the law requires. Payments are processed by an external payment provider (Stripe). We do not see or store your full card number.

5. Subscription and automatic renewal

By subscribing, you authorize Nearboard (and our payment provider) to charge the price of the chosen plan (i) at the time of purchase and (ii) on a recurring basis at the end of each 30-day period, for the same amount (plus taxes, if applicable), until you cancel.

As long as your payment is up to date, your listing stays active without you having to log in every month to activate it.

If a charge fails (for example, because of an expired card or insufficient funds), we will try to charge again over a few days and notify you by email. If we cannot collect payment, your listing will be paused or removed until you update your payment method. You will not be charged for periods in which the listing was not active because of non-payment.

6. How to cancel

You can cancel automatic renewal at any time from your account, under “Manage subscription” (this opens the secure portal of our payment provider), or by writing to us at hello@nearboard.net.

There are no cancellations with immediate effect and no “proration”: a period that has already started is paid in full. To avoid the next charge, cancel before the renewal date; if you do it afterwards, the new period will already have been charged.

The details, with examples, are on the cancellations and refunds page.

7. No refunds

This is because the service is digital and starts being provided as soon as your listing is published: your listing takes up a place on the platform for the whole 30-day period, whether you use it or not. That is why we do not give refunds in situations such as:

• you did not receive visits, calls, messages, customers or sales, or you received less than you expected;
• you changed your mind or no longer want the listing, even one day after subscribing;
• you canceled in the middle of the period;
• your listing was rejected, suspended or removed for breaking these Terms or the Advertising policy;
• you made a mistake when writing your listing, your phone number or your contact details;
• you forgot to cancel before the renewal.

Exceptions: we will correct or refund a duplicate charge or one made by our mistake, and we will make the refunds that applicable law obliges us to make. Nothing in these Terms limits the rights that the law gives you and that cannot be waived.

Before starting a claim with your bank or card company (chargeback), please write to us: we can almost always solve it faster. A chargeback without contacting us first may lead to the suspension of your account.

8. Your content and your responsibilities

You are solely responsible for your listing and for everything you offer: the information (name, description, prices, hours, areas, phone numbers, social media), the images and texts, the licenses or permits your activity requires (for example, contractors, health, law, immigration, insurance) and compliance with the law.

You declare and warrant that: (a) the information is true and not misleading; (b) you have the right to use everything you upload (images, logos, texts); (c) your listing complies with the Advertising policy; and (d) the contact channels you provide are yours.

You grant us a worldwide, non-exclusive, royalty-free license to display, store, reproduce and technically adapt (for example, resize images) your content for the sole purpose of operating and promoting the service, for as long as it is published and as long as necessary for technical or legal reasons.

Nearboard does not verify or endorse Advertisers or their services. Any dealings with your customers are exclusively between you and them.

9. Review and moderation

We review listings before publishing them and we may review them again at any time. If you change a listing that is already published, it goes back to review. We may reject, suspend, edit or remove any listing, or close an account, if we believe in good faith that it breaks these Terms, the Advertising policy or the law, if we receive credible reports, or to protect users or the service.

Where possible we will explain the reason. A listing rejected, suspended or removed for non-compliance does not entitle you to a refund.

10. Permitted use of the service

You may not: use the service for illegal or fraudulent purposes; publish false or misleading information; impersonate another person or business; publish fake reviews or statistics; artificially inflate visits or calls; try to access accounts, data or systems without permission; use automated programs to extract data from the site without our permission; or interfere with the operation of the platform.

11. Nearboard's intellectual property

The site, its design, brand, logos, code and own content belong to Nearboard or its licensors. Your subscription does not transfer any rights over them to you, except the limited right to use the service in accordance with these Terms. Place data comes from GeoNames (CC BY 4.0 license).

12. Availability and changes to the service

We try to keep the site running continuously, but we do not guarantee that it will always be available or free of errors or interruptions (because of maintenance, provider failures or causes beyond our control). We may modify, improve or remove features. If we stopped offering the service altogether, we would stop charging renewals and inform you.

13. Disclaimer of warranties

The service is provided “as is” and “as available”. To the maximum extent permitted by law, we give no warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose, accuracy of statistics or business results.

14. Limitation of liability

To the maximum extent permitted by law, Nearboard and those who work for it shall not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of revenue, profits, customers, opportunities or data, even if we had been advised of that possibility.

If, despite the above, we were found to be liable, our total liability to you for any claim related to the service is limited to the amount you paid to Nearboard in the 30 days before the event that gave rise to the claim.

Some jurisdictions do not allow certain exclusions or limits; in that case they will apply to the extent permitted.

15. Indemnification

You agree to defend and hold Nearboard harmless from claims, losses, damages and expenses (including reasonable attorneys' fees) arising from your listing, your business activity, your breach of these Terms or of the law, or third-party rights that your content infringes.

16. Termination

You can stop using the service and cancel your subscription whenever you want (see “How to cancel”). We may suspend or close your account for breach of these Terms, for fraudulent use or for legal reasons. When it ends, your listing is removed. The clauses that by their nature should survive (no guarantee of results, no refunds, limitation of liability, indemnification, governing law) will remain in force.

17. Changes to these Terms

We may update these Terms. We will publish the new version with its date and, if the change is important, notify you by email. If you keep using the service or renew your subscription after the effective date, you are deemed to accept the new version; if you disagree, you can cancel before the renewal.

18. Governing law and claims

These Terms are governed by the laws of the State of Rhode Island, United States, without regard to its conflict-of-laws rules. Before starting any proceeding, try to resolve the matter by writing to us at hello@nearboard.net: we will do our best to reply within a reasonable time. If it is not resolved, the competent courts of that place will have jurisdiction, unless the law of your place of residence entitles you to go to another forum.

19. General provisions

These Terms are the entire agreement between you and Nearboard regarding the service. If any part is found to be invalid, the rest remains in force. Our not enforcing a right at a given moment does not mean we waive it. You may not assign this contract without our permission; we may assign it in the event of a sale or reorganization of the business. We may contact you by email and through notices on the site.