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In this Service Agreement ("Agreement"), the "Company"
means LandlordPortal.com authorized to provide you with the Services and
"you" or "your" means the individual or entity
using or paying for the Services.
ENROLLING IN, USING, CONTINUING TO USE, OR PAYING FOR THE COMPANY'S
SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE RATES, PRICES, CHARGES,
TERMS, AND CONDITIONS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE
PRICES, CHARGES, TERMS, AND CONDITIONS PLEASE DO NOT ENROLL.
Copyright, Licenses
The entire contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is LandlordPortal.com
You may print and download portions of material from the different
areas of the Service solely for your own non-commercial use. You may
make: (a) one machine readable copy, (b) one backup copy, and (c)
one print copy of any portions of material downloaded from the different
areas of the Service solely for your non-commercial use. Any other
copying, redistribution, retransmission or publication of any downloaded
material, is strictly prohibited without the express written consent
of LandlordPortal.com or any third party information provider to the
Service. You agree not to change or delete any proprietary notices
from materials downloaded from the Service.
You agree to grant to LandlordPortal.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to public areas of the Service (such as bulletin
boards, forums and newsgroups) by all means and in any media now known
or hereafter developed. You also grant to LandlordPortal.com the right
to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against LandlordPortal.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to us.
License to LandlordPortal.com
When you post a message, upload a file, or otherwise provide us with
material for display on the website, you are representing that you
are the owner of the material, or are making your submission with
the express consent of the owner of the material. In addition, when
you post a message, upload a file, or otherwise provide us with material
for display on the website, you are granting LandlordPortal.com a
royalty-free, perpetual, non-exclusive, unrestricted, worldwide license
to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights
under copyright, trademark, service mark or patent laws under any
relevant jurisdiction.
Username and Passwords
To use certain features of the Service, you will need a username
and password, which you will provide during the registration process.
You are responsible for maintaining the confidentiality of the password
and account, and are responsible for all activities that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of
security. LandlordPortal.com cannot and will not be liable for any
loss or damage arising from your failure to protect your password
or account information.
Interactive Features
The Service may include a variety of features, such as bulletin boards,
chat rooms, and email services which allow feedback to LandlordPortal.com
and real-time interaction between users. Responsibility for what is
posted on bulletin boards, chat rooms and other public posting areas
on the Service lies with each user – you alone are responsible
for the material you post. LandlordPortal.com does not control the
messages, information or files delivered to bulletin boards. It is
a condition of your use of the Service that you do not:
- Restrict or inhibit any other user from using and enjoying the
Service.
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state,
national or international law.
- Post or transmit any information, software or other material
that violates or infringes upon the rights of others, including
material which is an invasion of privacy or publicity rights or
that is protected by copyright, trademark or other proprietary right,
or derivative works with respect thereto, without first obtaining
permission from the owner or right holder.
- Post or transmit any information, software or other material
that contains a virus or other harmful component.
- Post, transmit or in any way exploit any information, software
or other material for commercial purposes, or that contains advertising.
- Use the Service to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without
the express written approval of LandlordPortal.com
- Gather for the purpose of spamming e-mail addresses that have
been posted by other users of the Service.
- You understand that LandlordPortal.com has no obligation to monitor
any bulletin boards, chat rooms, or other areas of the Service through
which users can supply information or material. However, LandlordPortal.com
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole or in
part, that in LandlordPortal.com’s sole discretion are objectionable
or in violation of these Terms of Service.
Termination
LandlordPortal.com may cancel or terminate your right to use the
LandlordPortal.com Service or any part of the LandlordPortal.comService
at any time without notice, subject to our refund policy as stated
above. In the event of termination, you are no longer authorized to
access the part of the LandlordPortal.comService affected by such
cancellation or termination. The restrictions imposed on you with
respect to material downloaded from the Service, and the disclaimers
and limitations of liabilities set forth in these Terms of Service,
shall survive. Subscriptions will automatically renew yearly
unless cancelled.
Classified Advertising
When you submit a listing or classified ad for publication on LandlordPortal.com
webs, including LandlordPortal.com, you agree that the advertisement as
it appears becomes the property of LandlordPortal.com and you assign
all ownership interest in the advertisement as it appears under copyright
law or otherwise to LandlordPortal.com. Submission of an advertisement
does not constitute a commitment to publish the advertisement, and
publication of an advertisement does not constitute an agreement for
continued publication. LandlordPortal.com reserves the right to edit,
reclassify, revise, reject or cancel any advertisement at any time,
in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair
Housing Act, which makes it illegal to advertise "any preference,
limitation, or discrimination because of race, color, religion, sex,
handicap, familial status, or national origin, or intention to make
any such preference, limitation, or discrimination." State law
may also forbid discrimination based on these factors and others.
We will not knowingly accept any advertising for real estate which
is in violation of the law. All persons are hereby informed that all
dwellings advertised are available on an equal opportunity basis.
To complain of discrimination call the U.S. Department of Housing
and Urban Development at 800-669-9777.
General Provisions
To use certain features of the LandlordPortal.com Services, you must
purchase a membership on the form provided. You agree to provide true,
accurate an current information about yourself on the form provided
, and to maintain and promptly update the information you provide
to keep it true, accurate, current and complete. If LandlordPortal.com
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). Our use of any personally
identifying information you provide to us as part of the registration
process is governed by the terms of our Privacy Policy.
Paid subscriptions and memberships to the LandlordPortal.com Service
may be canceled, and fees (less processing fee) will be refunded,
provided such cancellations occur within 24 hours of the original
membership purchase privided Service and or privileges have not been
used and or accessed.
Disclaimer
LandlordPortal.com is simply a resource site for landlords and the
materials at this site are provided "as is" without any express or
implied warranty of any kind including warranties of merchantability,
non-infringement of intellectual property, or fitness for any particular
purpose. In no event shall LandlordPortal.com, or its agents
or officers be liable for any damages whatsoever (including, without
limitation, damages for loss of profits, business interruption, loss
of information) arising out of the use of or inability to use the
materials, even if LandlordPortal.com, inc. has been advised of the
possibility of such damages. LandlordPortal.com does not warrant
that the service will be uninterrupted or error-free or that defects
in the service will be corrected. The service and the software are
provided on an "as is, as available" basis.
Indemnification.
You agree to indemnify, defend and hold harmless LandlordPortal.com,
its officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement or any activity
related to your account (including negligent or wrongful conduct)
by you or any other person accessing the Service using your Service
account.
Right to Change Terms of Agreement
LandlordPortal.com reserves the right to change the Terms of this agreement
at any time and from time to time with or without notice. Any changes
to these Terms of Use will be effective immediately upon posting of
the changed Terms of Use on the LandlordPortal.com web site. You are responsible
for reviewing these Terms of Use periodically, and your use of the
service and this web site following any change in the Terms of Use
constitutes your agreement to follow and be bound by the revised Service
Agreement.
Limitation of Obligation & Liability
LandlordPortal.com will utilize its best efforts to maintain acceptable
performance of services contracted for, but LandlordPortal.com makes absolutely
no warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. LandlordPortal.com
cannot guarantee continuous service, service at any particular time,
or integrity of data stored or transmitted via its system or via the
Internet. LandlordPortal.com will not be liable for the inadvertent disclosure
of, or corruption or erasure of, data transmitted or received or stored
on its system. LandlordPortal.com shall not be liable to Users including,
but not limited to, losses or damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability
to transmit or receive information, caused by, or resulting from,
delays, non-deliveries, or service interruptions whether or not caused
by the fault or negligence of LandlordPortal.com.
LandlordPortal.com's liability to User, and any end user of any Plan
or other LandlordPortal.com services is limited to the amount
paid to and received by LandlordPortal.com for services not
accepted. In no event shall LandlordPortal.com be liable to
User, or any end user or any other entity for any special, consequential,
or other damages, however caused, whether for breach of contract,
negligence or otherwise, even if LandlordPortal.com has been
advised of the possibility of such damage.
Trial Accounts
Available during the trial promotional period only. If you
decide to keep the membership beyond the 7 Day Free Trial Period,
the standard subscription fee of $79 will apply.
I understand that the standard subscription fee for the LandlordPortal.com
service is $79 and that the Free Trial Period is for 7 days
only. I also understand that after the expiration of the 7 Day
Free Trial Period, I may continue to access the service for
the standard subscription rate of $79 which will be automatically
billed to the credit card provided at signup.
Cancellation of the Free Trial account requires customer to
click on the "Cancel Trial" link on the page support
page upon login. This is the only valid and acceptable proof
of cancellation to avoid charges. The trial cannot be cancelled
after the trial period. While new trial accounts are able to
login immediately the full trial record is only updated after
4 to 6 hours and you can cancel your trial therefater.
Right to Change Terms of Agreement
LandlordPortal.com reserves the right to change the Terms of this agreement
at any time and from time to time with or without notice. Any changes
to these Terms of Use will be effective immediately upon posting of
the changed Terms of Use on the LandlordPortal.com web site. You are responsible
for reviewing these Terms of Use periodically, and your use of the
service and this web site following any change in the Terms of Use
constitutes your agreement to follow and be bound by the revised Service
Agreement.
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim,
or right of reimbursement.
Entire Agreement
This Agreement constitutes the entire agreement between you and the
Company and supercedes all prior agreements, understandings, representations,
statements or proposals, whether written or oral.
Governing Law
This Agreement shall be governed by and construed under the laws
of the State of Indiana and applicable federal laws without regard
to choice of law principals.
No Waiver
Based on the circumstances presented, the Company, at its sole discretion,
may waive certain of the requirements stated herein from time to time.
Such waiver will be strictly limited to that set of specific circumstances
and will not act as a waiver of any provisions of this Agreement or
eliminate your obligation to continue to comply with this Agreement.
Summary
This agreement constitutes the entire agreement between LandlordPortal.com
and you with respect to the subject matter contained in this agreement
and supersedes all previous and contemporaneous agreements, proposals
and communications, written oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the Service. In the event
of any conflict between any such third party terms and conditions
and these Terms of Service, these Terms of Service shall govern. This
agreement shall be governed by and construed in accordance with the
laws of the State of Indiana without giving effect to any principles
or conflicts of law. If any provision of this agreement shall be unlawful,
void or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions.
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