Any and all
disputes or claims of any kind arising out of or relating in
any manner to this Agreement or the use of this website
shall be resolved by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such claim shall be arbitrated on an
individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The decision of the arbitrator shall be final and may
be entered in any court of competent jurisdiction.
The
arbitration shall be conducted in the locale of the
responding party to the arbitration. The home office of the
web site provider is Monterey, California and that shall be
the locale of any arbitration commenced by a user of the
website. California law shall apply. Costs of arbitration
shall be borne equally by the parties but the arbitrator
shall award to the prevailing party reasonable attorneys
fees incurred in both the arbitration and court enforcement
of the arbitration award. Either party may seek injunctive
relief in a court of law but arbitration shall be utilized
to resolve the underlying dispute.
BOTH PARTIES
UNDERSTAND THAT THEY WAIVE THE RIGHT TO A JURY TRIAL BY
AGREEING TO ARBITRATE THIS DISPUTE BEFORE AN IMPARTIAL
ARBITRATOR SELECTED UNDER THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION.
1. Need for Legal Advice.
These articles and forms are to give the reader a general
description of certain areas of the law. Legal advice from
an attorney versed in local real property law is necessary
to apply these legal concepts to your particular situation.
The reader should obtain competent legal advice before
relying entirely on these articles and most locales have a
Bar Referral Service that will provide the name of competent
local counsel.
2. Links to Other Websites. This Web site may contain
links to Web sites operated by other parties. The linked
sites are not under the control of Landlord Solutions, Inc.
and Landlord Solutions is not responsible for the content
available on any other Internet sites linked to this Web
site. Such links do not imply Landlord Solutions'
endorsement or express or implied warranty as to material on
any other site and Landlord solutions, Inc. disclaims any
and all liability with regard to your access to such linked
Web sites. Landlord Solutions, Inc. provides links to other
Internet sites as a convenience to users, and access to any
other Internet sites linked to this Web site is at your own
and sole risk.
3. Transfer of Content. While Landlord Solutions,
Inc. makes every effort to provide accurate and reliable
information and forms, Landlord Solutions, Inc. makes no
representations or warranties with respect to the contents
or use of this Web site. Further, Landlord Solutions, Inc.
reserves the right to revise this Web site and to make
changes in its contents at any time, without obligation to
notify any person or entity of such revisions or changes.
Landlord Solutions, Inc. authorizes you to view and download
the information at this Web site ('Materials') only for your
personal, non-commercial use. This authorization is not a
transfer of title in the Materials and copies of the
Materials and is subject to the following restrictions:
1) you must retain, on all
copies of the Materials downloaded, all copyright and
other proprietary notices contained in the Materials;
2) you may not modify the
Materials in any way or reproduce or publicly display,
perform, or distribute or otherwise use them for any
commercial purpose; and
3) you must not transfer
the Materials to any other person unless you give them
written notice of, and they agree in writing to accept,
the obligations arising under these terms and conditions
of use. You agree to abide by all additional
restrictions displayed on the Web Site as it may be
updated from time to time.
4. Copyrights-All text, photos and other materials found
on this web site are the copyrighted property of Landlord
Solutions, Inc. This excludes materials that have the
written or verbal consent from its legal owner. Text, photo
and other materials cannot be reproduced without prior
written express consent from Landlord Solutions, Inc. If you
have any further questions or request for use of materials,
please send your feedback/request to sales@landlordsolutions.org.
5. NO WARRANTIES RE SITE;
AS IS. YOU AGREE THAT OUR SITE AND ALL CONTENT, SERVICES AND
FUNCTIONALITY (COLLECTIVELY, "COMPLETE SITE") ARE PROVIDED
BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS
OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK
AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR
EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE
DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF
ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE,
OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR
SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING
OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO
YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO
REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE.
IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD
USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE
INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE
OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF
THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY
WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT
EXIST BUT FOR THIS PARAGRAPH.
6. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE
NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR
AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL
DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST
PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR
DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT
LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF
LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES
WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR
OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) OR
COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY
OR MISREPRESENTATION.
7. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU
AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE
ENTIRE AGREEMENT (AS DEFINED BELOW) AND FOR ANY CAUSE OF
ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT)
RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE
COMPLETE SITE SHALL BE, AT OUR OPTION: (1) REPAIR,
SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF
THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN
REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE
AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR
IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE
AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR
ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND
LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Termination or Cancellation. Either we or you may end
this agreement (the Terms) with or without cause or prior
notice. You will still be liable for payment of any amounts
due or other obligations incurred before this agreement
ends, and if you use the Site after it ends, that use will
be your new agreement to the Terms. If applicable law
requires us to provide notice of termination or
cancellation, we may give prior or subsequent notice by
posting it on the Site or by sending a communication to any
address (email or otherwise) that we have for you in our
records. Our rights will survive termination of these Terms.
Without canceling the agreement, we may suspend or block
your access to the Site whenever it appears to us that you
might be breaching these Terms or otherwise about to cause
harm or damage to us or others.
9. Applicable Law and Exclusive Forum. This Site is
controlled by us from our offices within the United States
of America and is directed to U.S. users. If you choose to
access this Site from locations outside the U.S., you do so
at your own risk and are responsible for compliance with
applicable local laws. You may not use or export anything
from the Site in violation of U.S. export laws and
regulations or the Entire Agreement (as defined below in
Section 10 -- "Entire Agreement; Miscellaneous"). You
agree that the Entire Agreement, all performances and all
claims of every nature (including without limitation,
contract, tort and strict liability) relating to any aspect
of the Complete Site or any product or service obtained in
any connection with it, shall be governed by the laws of the
State of California, U.S.A. without regard to its conflict
of law provisions and without regard to where performance is
made and subject to binding arbitration as described herein.
You also consent to jurisdiction in arbitration in Monterey,
California and a state or federal court sitting in Monterey
County, California, United States of America and waive any
claim or defense that such forum is not convenient or
proper, and consent to service of process by any means
authorized by California or federal law.
10. Entire Agreement; Miscellaneous. These Terms,
including items incorporated into them and any (a)
additional terms on the Site or otherwise provided by us for
particular activities, and (b) disclosures provided by us
and consents provided by you on the Site (collectively,
"Entire Agreement"), constitute the entire agreement between
us and neither party has relied on any representations made
by the other that are not expressly set forth in the Entire
Agreement. If any part of the Entire Agreement is found by
an arbitrator or court of competent jurisdiction to be
invalid, then that part will be deemed superseded by an
enforceable provision that most closely matches the intent
of the original and honors the allocation of risks in these
Terms and the remainder of the Terms will continue in
effect. Our failure to act with respect to a breach does not
waive our right to act as to subsequent or similar breaches,
and time is of the essence of the Entire Agreement. There
are no third party beneficiaries of any part of the Entire
Agreement.
11. Further Information
If you would like to receive our legal name and address by
e-mail, you need to provide us your e-mail address by
sending your request, in writing, to Our Address for Legal
Notices, sales@landlordsolutions.org. If you have a
complaint, you may contact us at Our Address for Legal
Notices. If you are a California resident, the Complaint
Assistance Unit of the Division of Consumer Services of the
Dept. of Consumer Affairs may be contacted at 400 R Street,
Sacramento, CA 95814 or (800) 952-5210.
12. Notice of Copyright Agent
Landlord Solutions, Inc. respects the intellectual property
rights of others and requests that you do the same. Anyone
who believes that their work has been reproduced in the Site
in a way constituting copyright infringement may provide a
notice to the designated Copyright Agent for the Site
containing the following:
-
An electronic or physical
signature of a person authorized to act on behalf of the
owner of the copyright interest;
-
Identification of the
copyrighted work claimed to have been infringed;
-
Identification of the
material that is claimed to be infringing and
information reasonably sufficient to permit us to locate
the material;
-
The address, telephone
number, and, if available, an e-mail address at which
the complaining party may be contacted;
-
A representation that the
complaining party has a good faith belief that use of
the material in the manner complained of is not
authorized by the copyright owner, its agent, or the
law;
-
A representation that the
information in the notice is accurate, and under penalty
of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed.
-
Copyright infringement
claims and notices (but not other notices) should be
sent to the attention of Jan Leasure, in the following
manner: by e-mail: sales@landlordsolutions.org
13. Notice of Availability
of Filtering Software
We do not believe that the Site contains materials that
would typically be the subject of filtering software.
Nevertheless, all users are hereby informed by the provider
of this interactive computer service that parental control
protections (such as computer hardware, software, or
filtering services) are commercially available that may
assist in limiting access to material that is harmful to
minors. A report detailing some of those protections can be
found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html
(Children's Internet Protection Act: Report on the
Effectiveness of Internet Protection Measures and Safety
Policies).
14. Notice: No Harvesting or Dictionary Attacks Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES
MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF
INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL
MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR
PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE
ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW
IF THEY:
(1) INITIATE THE
TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL
ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S.
"CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE
TRANSMISSION REQUIREMENTS OF THAT ACT; OR
(2) ASSIST IN THE
ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF
SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE
TRANSMITTED.
15. Notice About Trademarks
The Landlord Solutions, Inc.com site and logos are just
a few of the registered trademarks of Landlord Solutions,
Inc. There are many other Landlord Solutions, Inc.
trademarks, forms, and logos on the Site, and also many
marks, names and logos owned by third parties � and all of
that is the property of the respective owner. You may not
use any of the trademarks displayed on this Site or any
Content. All rights are reserved.
16. Privacy Policy.
Our privacy policy (click
to read it) contains our practices regarding personally
identifying information about you. You should review the
Privacy Policy because it describes the information that we
collect, how we collect it and what we do with that
information.
17. Attribution of Electronic Acts to You; Passwords.
Several Site activities require passwords (e.g., if you
establish one to create "Your Account"). You agree that if
your password is used on the Site, we may attribute all use
to you and you will be legally bound by it even if the
person using your password had no actual authority or failed
to correct an error. You agree to protect your password as
confidential information and to prohibit anyone you share it
with from disclosing it to anyone not authorized by you. We
recommend that you not share your password, but if you do,
you agree to save, defend, indemnify and hold us harmless
from and against any use claimed to be unauthorized.
18. Our Accuracy Caution; Your Responsibility to Get
the Information You Need. From time to time there might be
information on the Site that is outdated or contains errors,
inaccuracies, or omissions (collectively, "Inaccuracy"),
including but not limited to forms, advice, descriptions of
events, locations, products and services or other
information. We reserve the right to correct any Inaccuracy.
We apologize for any inconvenience this may cause you.
19. Our Ownership of Content; Landlord Solutions,
Inc.; All Rights Reserved. All Content on or relating to the
Site is the property of Landlord Solutions, Inc. or its
affiliates, licensors or suppliers and is protected by U.S.
and international copyright, patent, trademark, trade dress
and/or other intellectual property or additional laws, by
this contract or notices, and by robot exclusion headers and
other technological measures. No Content may be copied,
distributed, republished, uploaded, posted or transmitted in
any way except pursuant to the express provisions of these
Terms and any supplemental terms provided with the Content,
or with our prior explicit consent in a separate record; all
rights not expressly granted to you are reserved.
Modification or use of Content for any other purpose may
violate intellectual property rights, and no title to copies
or to intellectual property rights are transferred to you �
all title and rights remain with us. Permission is
granted to electronically copy and to print in hard copy
portions of this Site for the sole purposes of
(1) obtaining a copy of
these Terms and any other contract or disclosure that we
are required to provide to you or that is part of our
transaction with you, and
(2) using this Site for information input or for
ordering goods or services subject to these Terms. As
used herein, "Content" means (without limitation) all
information, data, text, design, graphics, pictures,
images, music, sound files, animation, video,
interfaces, icons, software code, and the selection and
arrangement of any or all of the foregoing appearing or
included from time to time on or in the Site. Some
content is also subject to further terms and conditions
provided in connection with the particular Content.
20. Submission of Your
Material.
Any communication or material you transmit to the site
by electronic mail or otherwise, including data, questions,
comments, suggestions, or the like, is, and may be treated
as, non-confidential and nonproprietary. Anything you
transmit or post becomes the property of Landlord Solutions,
Inc. and may be used for any purpose, including, but not
limited to, reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Landlord
Solutions, Inc. is free to use any ideas, concepts,
know-how, or techniques in any communication that you send
to the site, for any purpose whatsoever, including, but not
limited to, developing, producing, and services and forms.