Contact & Legal
Terms of Service
Last updated: [DATE]
Please read these Terms of Service ("Terms") carefully before using the Smith Cove Society website (the "Site"). This is a draft prepared for review by a licensed attorney before publication and is not a substitute for legal advice.
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site. These Terms apply to all visitors, including members of the public browsing publicly available content and verified residents with "Neighbor" status.
2. Who May Use the Site
2.1 Public Visitors
Certain sections of the Site (including but not limited to What's Happening in the Hood, Community Notices, Charitable Causes, Vendor Village, and general Marketplace browsing) are available to the public without registration.
2.2 Neighbor Status
Certain features — including the resident directory, marketplace posting and messaging, photo galleries, and community notices of a sensitive nature — are restricted to verified residents ("Neighbors"). To become a Neighbor, you must:
- Reside within the defined Smith Cove Society community boundaries;
- Complete the application/verification process (proof of residency, [invite code / board approval / other method]); and
- Agree to these Terms and any applicable Community Guidelines.
Smith Cove Society reserves the right to approve, deny, suspend, or revoke Neighbor status at its sole discretion, including for violations of these Terms or the Community Guidelines.
2.3 Eligibility
You must be at least 18 years old to register as a Neighbor or to submit content to the Site. The Site is not directed at children under 13, and we do not knowingly collect personal information from children under 13.
3. Neighbor Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account. You agree to provide accurate, current, and complete information during registration and to keep it updated.
4. Marketplace / Exchange
4.1 Peer-to-Peer Transactions
The Marketplace/Exchange section is a venue for Neighbors to list items for sale, purchase, or loan. Smith Cove Society is not a party to any transaction between Neighbors. We do not inspect, verify, warrant, or guarantee the condition, safety, legality, quality, or accuracy of any item listed.
4.2 No Direct Contact Without Consent
To protect Neighbor privacy, contact information is not automatically shared. Any party interested in an item must submit a request through the Site, which will be routed to the listing Neighbor for their explicit consent before any name, email address, or phone number is disclosed. Neighbors are under no obligation to consent to sharing their contact information.
4.3 Assumption of Risk
You acknowledge that transactions arranged through the Marketplace, including in-person exchanges of goods, are undertaken at your own risk. We strongly recommend meeting in public or well-lit common areas and exercising reasonable caution.
4.4 Disclaimer of Liability for Transactions
Smith Cove Society disclaims all liability for any dispute, loss, injury, or damage arising from a transaction between Neighbors, including but not limited to disputes over item condition, payment, delivery, or personal safety during an exchange.
4.5 Prohibited Listings
You may not list: illegal items or services; firearms, weapons, or ammunition; alcohol, tobacco, or controlled substances; counterfeit goods; live animals (except as otherwise permitted for rehoming with appropriate disclosures); or any item prohibited by applicable law. Smith Cove Society reserves the right to remove any listing at its sole discretion.
5. User-Generated Content
5.1 Your Content
"User Content" includes anything you post, upload, or submit to the Site — marketplace listings, photos, notices, comments, directory information, and charitable cause posts.
5.2 License Grant
By submitting User Content, you grant Smith Cove Society a non-exclusive, royalty-free, worldwide license to host, display, reproduce, and distribute that content on the Site for the purpose of operating the community platform. You retain ownership of your content.
5.3 Your Responsibility
You represent that you have the right to post any content you submit, including the right to post photographs of other individuals (see Section 6 for photo-specific requirements). You are solely responsible for your User Content.
5.4 Prohibited Content
You may not post content that is unlawful, harassing, defamatory, threatening, invasive of another's privacy, hateful, or that infringes any third party's intellectual property or other rights.
5.5 Moderation
All content is subject to review before or after publication at the discretion of Site moderators. We reserve the right to remove, edit, or decline to publish any content for any reason, including violations of these Terms or the Community Guidelines.
6. Photos and the “What's Happening” Section
Photo galleries under What's Happening in the Hood are restricted to Neighbors only. By submitting a photograph that includes another identifiable individual, you represent that you have obtained that person's consent (or, for a minor, the consent of their parent or guardian) to have their image posted. Any Neighbor may request removal of a photo in which they or their minor child appear by contacting [MODERATOR CONTACT].
7. Vendor Village
Vendor listings are submitted by third-party businesses. Smith Cove Society does not endorse, guarantee, or warrant the quality, reliability, or legitimacy of any vendor listed, and is not responsible for any transaction, service, or dispute between a Neighbor and a listed vendor. [If Vendor Village is a paid placement, consider adding advertising-disclosure language here.]
8. Charitable Causes
Charitable Causes listings are provided for informational purposes to facilitate community giving. Smith Cove Society does not process donations directly [update if untrue], does not guarantee the tax-deductibility of any contribution, and is not responsible for how funds are used by the organizing individual or organization. Verify the legitimacy of any cause before donating.
9. Community Notices
Community Notices are provided for general informational purposes and may include information from the board, management, or Neighbors. Notices do not constitute legal, safety, or professional advice, and Smith Cove Society is not liable for reliance on any notice.
10. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SMITH COVE SOCIETY, ITS ADMINISTRATORS, MODERATORS, AND VOLUNTEERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM MARKETPLACE TRANSACTIONS, RELIANCE ON POSTED CONTENT, OR CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE.
[This section requires attorney review — enforceability of liability limitations varies significantly by state, and some jurisdictions do not allow certain limitations.]
12. Indemnification
You agree to indemnify and hold harmless Smith Cove Society and its administrators, moderators, and volunteers from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Site, your User Content, or your violation of these Terms.
13. Termination
We may suspend or terminate your access to the Site or your Neighbor status at any time, with or without notice, for conduct that violates these Terms, the Community Guidelines, or for any other reason at our discretion.
14. Changes to These Terms
We may update these Terms from time to time. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms. Material changes will be [posted on the Site / communicated via email — choose your method].
15. Governing Law
[Insert your state — this determines which state's law governs disputes. An attorney should confirm this matches where the Society is legally organized, if applicable.]
16. Contact
Questions about these Terms should be directed to [CONTACT EMAIL / MODERATOR CONTACT].