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Welcome to LandlordReview.com! This User Agreement (the "Agreement") describes the terms on which Zuni Ventures, LLC.,
("Landlord Review") offers you an account on the Web site located at www.LandlordReview.com (the "Site").
BY REGISTERING FOR AN ACCOUNT, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND ANY
MODIFICATIONS THAT MAY BE MADE TO THE AGREEMENT OR ITS TERMS FROM TIME TO TIME. All uses of your account
are governed by this Agreement. Landlord Review shall not be liable to you for any breach of the terms of
this Agreement. If you have any questions about your obligations under this Agreement,
email support@LandlordReview.com.
If you are under 13, Landlord Review may not receive an Opinion or other data from you; please do not post
to the Site. By posting an Opinion on the Site, you represent that you are 13 years of age or older.
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1. Modifications To Terms Of Agreement.
Landlord Review reserves the right to revise, amend or modify the terms of this Agreement
(the "Terms") at any time and in any manner at its sole discretion. Notice of any revision, amendment
or modification of the Terms will be posted in this section of the Site, and any such revisions, amendment, or
modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes
your binding acceptance of such revisions, amendments, and modifications. If you do not agree to these Terms,
please do not use the Site. Please check this section of the Site before using the Site to determine whether
a change has been made to these Terms. If you do not agree to any changes in the Terms as they may occur,
please arrange to terminate your registration with the Site immediately (i) by notifying Landlord Review of your
unwillingness to accept the changes to the Terms by emailing support@LandlordReview.com; and (ii) by discontinuing
your use of the Site. Your continued use of the Site will signify your acceptance of any change in the Terms
set forth herein. From time to time Landlord Review may supplement these Terms with additional terms
("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference
into these Terms.
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2. Submission Of Content.
a. DEFINITION. Landlord Review allows you to provide a review in the form of an opinion about a landlord or management company
(a "Review"). The Review you provide to Landlord Review (by uploading such Content to the Site or otherwise) is defined as your
"Content."
b. LICENSE. You retain all rights of ownership to your Content. By submitting Content to the Site, you grant to Landlord Review
a royalty-free, perpetual license to display and reproduce your Content online and offline and permit others (including without
limitation., syndication, co-brand and content partners) to do the same.
You are free to use your Content offline in any manner you choose. However, Landlord Review attracts visitors to the Site by
promising users high-quality content they can't get anywhere else. In order to sustain this traffic draw, by submitting
Reviews to the Site, you grant to Landlord Review (and its sublicensees) the exclusive right to display your Reviews anywhere
online, except for the following circumstances:
i) You may post your Opinions on USENET newsgroups. If you do so, you must include the following attribution:
"You can read this review at http://www.LandlordReview.com."
ii) You may also display your Opinion on any site which contains content contributed from 9 individual contributors
or less, but you must include the following attribution in the display: "You can read this review at
http://www.LandlordReview.com"
iii) You may display your Opinion in a forum other than those described above with express written consent from
Landlord Review. To request additional online rights to your Opinion, you may email support@LandlordReview.com.
Landlord Review reserves the right to grant or deny permission on a case-by-case basis as Landlord Review deems
appropriate in its sole discretion.
In all other cases, Landlord Review's exclusive display and reproduction rights apply even if you initially
post the Opinion somewhere else online and then desire to post it to the Site; such dual posting is not
permitted, although if you have the right to do so, you may be able to delete the Review from the other
site and then repost it on the Site (you should check with the site where you initially posted the Review
to determine if this is permissible).
(For purposes of this section, the word "display" covers all copyright and other intellectual property rights
necessary to effectuate the foregoing intent.)
c. PURSUIT OF INFRINGERS. If Landlord Review identifies someone who is displaying your Review online in
violation of this Agreement and Landlord Review wishes to take action against the infringer, Landlord Review
may contact you to seek your help with the action. However, Landlord Review may also directly enforce your
ownership rights in the Opinion against the infringer, and you authorize Landlord Review to take any actions
on your behalf that Landlord Review reasonably deems necessary or appropriate to protect the parties'
respective rights. If Landlord Review decides to sue the infringer, (1) Landlord Review may join you
as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of
your Opinion shall be solely Landlord Review's.
d. REMOVAL OF OPINIONS. Currently, Landlord Review allows you to edit and delete your Review. At any time,
without further notice, Landlord Review may restrict your ability to edit or delete your Review. Please note
that, irrespective of the foregoing, Landlord Review may not be able to propagate changes you make to a Review
to the corresponding version being displayed somewhere other than on the Site. Even if you delete a Review
from the Site, the provisions of Section 2(b) still apply. Thus, once you've
posted a Review to the Site, you may not post the Review anywhere else online (other than as permitted in
Section 2(b)) without Landlord Review's permission, even if you delete it from the Site.
e. USAGE GUIDELINES. You agree not to use the Site to: (a) upload, post, email, or otherwise transmit any
Content that is personally identifying information to anyone but the landlord that is the subject of the
review (such as actual names of other tentants, phone numbers, mailing addresses, email addresses and URL),
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or untrue statements; (b) harm minors in any way;
(c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email or otherwise transmit Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; (f) upload, post, email, or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any
material that contains software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or
unintentionally violate any applicable local, state, national or international law; (j) "stalk" or otherwise
harass another; (k) write comments that in any way refer to person(s) under 18 years of age; or
(l) collect or store personal data about other users.
You acknowledge that Landlord Review does not pre-screen or filter user comments, Reviews, or general Content,
but that Landlord Review and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing,
Landlord Review and its designees shall have the right to remove any content that violates this Agreement
or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content submitted to the Site.
To report alleged violations of the Site Usage Guidelines as set forth in this Section 2e, please email
support@LandlordReview.com.
You acknowledge and agree that Landlord Review may preserve Content and may also disclose Content if
required to do so by law or if Landlord Review believes in good faith that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of Landlord Review, its users or the public.
f. OTHER FILTERING. Parental control protections (such as computer hardware, software and filtering services)
are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are interested in learning about these protections, information may be obtained from
http://www.worldvillage.com/wv/school/html/control.htm or other sources.
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3. Your Registration Obligations
In consideration of your use of this Site, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Site's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete,
or Landlord Review has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Landlord Review has the right to suspend or terminate your account and refuse to offer you any
and all current or future use of the Site (or any portion thereof).
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4. Privacy
Because your privacy is very important to Landlord Review, the Site offers you a number of choices to
facilitate decisions about how you'd like Landlord Review to use and disclose your personal information.
By accepting this Agreement, you expressly consent to Landlord Review's disclosure and use of your personal
information (including using email to communicate with you) as described in The Site's then-current
Privacy Statement, which is
incorporated herein by reference.
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5. Indemnity
You agree to indemnify and hold Landlord Review, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit
through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or
your violation of any rights of another.
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6. No Resale of Site
You agree no to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Site, use of the Site, or access to the Site.
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7. Termination
You agree that Landlord Review, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including,
without limitation, for lack of use or if Landlord Review believes that you have violated or acted
inconsistently with the letter or spirit of this Agreement. Landlord Review may also in its sole discretion
and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that
any termination of your access to the Site may be effected without prior notice, and you acknowledge and
agree that Landlord Review may immediately deactivate or delete your account and all related information
and Content in your account and/or bar any further access to such information or to the Site. Further,
you agree that Landlord Review shall not be liable to you or any third-party for any termination of your
access to the Site.
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8. Dealings With Advertisers Or Partners
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners
found on or through the Site, including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and such advertiser
or partner. You agree that Landlord Review shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners
on the Site.
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9. Links
Landlord Review may provide, or third parties may provide, links to other web sites or resources that are
beyond Landlord Review's control. Landlord Review makes no representations as to the quality, suitability,
functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might
have against Landlord Review, with respect to such sites. LANDLORDREVIEW IS NOT RESPONSIBLE FOR THE CONTENT ON
THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
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10. No Warranty
THE SITE AND LANDLORD REVIEW'A SERVICES ARE PROVIDED "AS IS," AND LANDLORD REVIEW AND ITS SUPPLIERS AND CO-BRAND
PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Without limiting the foregoing, Landlord Review does not promise or warrant to you that
any aspect of the Site will work properly or will be available continuously. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights, which vary from state to state.
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11. Liability Limits
IN NO EVENT SHALL LANDLORD REVIEW OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THE SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL LANDLORD REVIEW OR ITS SUPPLIERS OR CO-BRAND
PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of
liability, so they may not apply to you.
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12. Access Limits
Without Landlord Review's express written consent, you may not (a) use any automated means to access the Site
or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame
the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among
other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or
any other activity with the purpose of obtaining lists of users or other information. You agree that you will
not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site.
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13. Governing Law and Arbitration
This Agreement is governed in all respects by the laws of the State of Massachusetts as such laws are applied
to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents.
Any controversy or claim arising out of or relating to this Agreement or the Site shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any
such controversy or 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 arbitration shall be conducted in Suffolk
County, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except
as permitted by Massachusetts law. Notwithstanding the foregoing, either party may seek any interim or preliminary
relief from a court of competent jurisdiction in Suffolk County, Massachusetts as necessary to protect the party's
rights or property pending the completion of arbitration. By using the Site, you consent and submit to the
exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts.
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14. Entire Agreement
This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter
into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings
(oral or written), between the parties with respect to the subject matter of such documents. In the event of
any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
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15. General
You shall comply with all laws and regulations applicable to your access and use of the Site and your
publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall
be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full
effect. Landlord Review's failure to act in a particular circumstance does not waive the ability to act
with respect to that circumstance or similar circumstances. Landlord Review shall be excused for any failure
to perform to the extent that its performance is prevented by any reason outside of its control. No agency,
partnership, joint venture, employment or franchise relationship is intended or created by this Agreement.
Landlord Review may change, remove, or require registration or payment to continue use of any aspect of the
Site at any time without further notice to you. Landlord Review's suppliers and co-brand partners are
third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended
only by a writing physically signed by both Landlord Review and you.
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16. Other Disclosures
The Site is provided by Landlord Review, Inc., PO Box XXX, Boston, MA, 02119. At present, Landlord Review
does not charge you any fees to use its Site or services (although this may change at any time). However,
any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the Site
shall be your sole responsibility.
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