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.