| Terms Of Use |
The effective date of this Agreement is 16th August, 2007.
By using the ReviewYourLandlord Services (as defined below) which are owned and
operated by Mobile Generation Limited. ("ReviewYourLandlord") and by accessing
the ReviewYourLandlord Site located at http://www.ReviewYourLandlord.com, and
all linked pages owned and operated by ReviewYourLandlord (the
"ReviewYourLandlord Site"), you agree to be bound by these terms of service, as
well as any other guidelines, rules and additional terms referenced herein, and
all such guidelines, terms and rules are hereby incorporated herein by this
reference (collectively, "Terms of Service").
ReviewYourLandlord's on-line services which are available at the
ReviewYourLandlord Site will, among other things, help you find
businesses/services you are looking for by allowing you to get reviews from
other ReviewYourLandlord users, post and share these reviews with
ReviewYourLandlord users, and view third party postings/reviews regarding
similar businesses/services ("ReviewYourLandlord Service"). These Terms of
Service set out the legally binding terms with respect to your use of and our
provision of the ReviewYourLandlord Site and ReviewYourLandlord Services.
Please read these Terms of Service carefully. Your access to or use of the
ReviewYourLandlord Service constitutes your acceptance of all the provisions of
these Terms of Service. If you are unwilling to be bound by these Terms of
Service, do not access or use the ReviewYourLandlord Service.
Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your
jurisdiction if that age is greater than 18 years of age, to register as a
member of ReviewYourLandlord or use the ReviewYourLandlord Site and
ReviewYourLandlord Services. If you are under the age of 18 or the applicable
legal age in your jurisdiction, you can use the ReviewYourLandlord Service only
in conjunction with, and under the supervision of, your parent or guardian who
has agreed to the Terms of Service. If you do not qualify, do not use the
Service. Membership in the ReviewYourLandlord Service is void where prohibited
by applicable law, and the right to access the ReviewYourLandlord Site is
revoked in such jurisdictions. You must be 13 or older to use the site, in
compliance with the Children's Online Privacy Protection Act(COPPA). By using
the ReviewYourLandlord Site and/or ReviewYourLandlord Services, you represent
and warrant that you have the right, authority, and capacity to enter into
these Terms of Service and to abide by all of the terms and conditions set
forth herein. The ReviewYourLandlord website is administered in the US and
intended for US users; any use outside of the US is at the user's own risk and
users are responsible for compliance with any local laws applicable to their
use of the service or the website. Changes to the Agreement or the
ReviewYourLandlord Services.
You agree and understand that these Terms of Service, the ReviewYourLandlord
Site and the ReviewYourLandlord Services may be modified by ReviewYourLandlord
at any time without prior notice, and such modifications will be effective upon
ReviewYourLandlord's posting of the new terms and/or upon implementation of the
new changes on the ReviewYourLandlord Site. You agree to review the Terms of
Service periodically so that you are aware of any modifications. Your continued
use of the ReviewYourLandlord Service after any modifications indicates your
acceptance of the modified Terms of Service. Unless expressly stated otherwise
by ReviewYourLandlord, any new features, new services, enhancements or
modifications to the ReviewYourLandlord Service implemented after your initial
access to the Service shall be subject to these Terms of Service.
Registration and Security.
In order to use or access some of the ReviewYourLandlord Services, you may be
required to register with ReviewYourLandlord and to select a password and user
name, which shall consist of an email address you own and use ("User ID"). If
you register, you agree to provide ReviewYourLandlord with accurate, complete,
and updated registration information. Failure to do so shall constitute a
breach of these Terms of Service, which may result in immediate termination of
your account. You may not: (i) enter, select or use a false name or an email
address owned or controlled by another person with the intent to impersonate
that person, or, (ii) use as a User ID a name subject to any rights of a person
other than yourself without appropriate authorization. ReviewYourLandlord
reserves the right to refuse registration of, or cancel a User ID in its
discretion. You shall be responsible for maintaining the confidentiality of
your password and are fully responsible for all activities that occur under
your User ID and password. Any User ID and password provided to you for your
access to the ReviewYourLandlord Service shall be for your personal use only.
You agree to (a) immediately notify ReviewYourLandlord of any unauthorized use
of your User ID or password, and (b) ensure that you exit from your account at
the end of each session. Use of the Site/Services by Members.
You may use the ReviewYourLandlord Site to solicit reviews from, and share
reviews with other ReviewYourLandlord users. You may search the
ReviewYourLandlord database for reviews and business contact information. You
may forward reviews to people you know, whether or not they are existing
ReviewYourLandlord users. You may invite people you know to join
ReviewYourLandlord. You may download or copy the portions of the information,
data, text, sound, photographs, graphics, video, messages and other materials
available via the ReviewYourLandlord Service ("Content"), and other items
displayed on the ReviewYourLandlord Site, for your own use, provided that you
maintain all copyright and other notices contained in such Content.
ReviewYourLandlord does not control the Content posted by third parties via the
ReviewYourLandlord Service, including the content of any messages or reviews,
and does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the ReviewYourLandlord Service you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will ReviewYourLandlord be liable in any way for any Content, including any
errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of your use of any Content. You are responsible for complying with
all laws applicable to the Content you submit via the ReviewYourLandlord
Service. You agree that you must evaluate and bear all risks associated with
the use of any Content, including any reliance on the content, integrity, and
accuracy of such Content.
Restrictions on Rights to Use.
You shall not (and you agree not to allow any third party to):
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modify, adapt, translate, or reverse engineer any portion of the
ReviewYourLandlord Site and/or ReviewYourLandlord Service;
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remove any copyright, trademark or other proprietary rights notices contained
in or on the ReviewYourLandlord Site and/or ReviewYourLandlord Service;
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use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of the ReviewYourLandlord Site and/or
ReviewYourLandlord Service;
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collect any information about other users or members (including usernames
and/or email addresses) for any purpose other than to solicit and share reviews
with other ReviewYourLandlord users or members;
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reformat or frame any portion of the web pages that are part of the
ReviewYourLandlord Site and/or ReviewYourLandlord Service;
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create user accounts by automated means or under false or fraudulent pretenses;
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create or transmit unwanted electronic communications such as "spam" to other
users or members of the ReviewYourLandlord Site and/or ReviewYourLandlord
Service or otherwise interfere with other user's or member's enjoyment of the
ReviewYourLandlord Site and/or ReviewYourLandlord Service;
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submit any third party materials or Content without such third party's prior
written consent;
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submit any Content or material that falsely express or imply that such Content
or material is sponsored or endorsed by ReviewYourLandlord;
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submit any Content or material that infringes, misappropriates or violates the
intellectual property, publicity, privacy or other rights of any party;
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transmit any viruses, worms, defects, Trojan horses or other items of a
destructive nature;
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use of the ReviewYourLandlord Site or ReviewYourLandlord Services to violate
the security of any computer network, crack passwords or security encryption
codes, transfer or store illegal material including that are deemed threatening
or obscene;
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copy or store any Content offered on the ReviewYourLandlord Site for other than
your own use;
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submit Content or materials that are unlawful or promote or encourage illegal
activity;
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submit false or misleading information to ReviewYourLandlord;
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take any action that imposes, or may impose in our sole discretion, an
unreasonable or disproportionately large load on our IT infrastructure;
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use the ReviewYourLandlord Site and/ or ReviewYourLandlord Service,
intentionally or unintentionally, to violate any applicable local, state,
national or international law; or
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collect or store personal data about other users in connection with the
prohibited activities described in this paragraph.
Content Posted By You on the ReviewYourLandlord Site.
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You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights.
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You understand and agree that ReviewYourLandlord may review and delete any
Content, business listings (including business name, address, phone, fax,
distance, reviews, rating, reviews) that in the sole judgment of
ReviewYourLandlord violates these Terms of Service or which might be offensive,
illegal, or that might violate the rights of, harm, or threaten the safety of
other users or members of the ReviewYourLandlord Site and/or other website
users.
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You are solely responsible for the any Content that you publish or display on
the ReviewYourLandlord Site or transmit to other members and/or other website
users (hereinafter, "Posted Content").
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You are solely responsible for your ratings and reviews of businesses listed on
ReviewYourLandlord. ReviewYourLandlord reserves the right, but has no
obligation, to monitor disputes between you and any entity which you have
reviewed.
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You agree that you will only post Content that you believe to be true and you
will not purposely provide false or misleading information.
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By posting Posted Content on the ReviewYourLandlord Site, you agree to and
hereby do grant, and you represent and warrant that you have the right to
grant, ReviewYourLandlord, its contractors, and the users of the
ReviewYourLandlord Site an irrevocable, perpetual, non-exclusive, royalty-free,
fully sublicensable, fully paid up, worldwide license to use, copy, publicly
perform, digitally perform, publicly display, and distribute such Posted
Content and to prepare derivative works of, or incorporate into other works,
such Posted Content.
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The following is a partial list of the kind of Content and communications that
are illegal or prohibited on/through the ReviewYourLandlord Site.
ReviewYourLandlord reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
ReviewYourLandlord Service and terminating the membership of such violators or
blocking your use of the ReviewYourLandlord Service and/or ReviewYourLandlord
Site. You may not post Content that:
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is false or intentionally misleading;
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is patently offensive to users of the ReviewYourLandlord Site, such as Content
or messages that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of unsolicited mass mailing or "spamming";
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promotes illegal activities or conduct that is abusive;
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is threatening, obscene, defamatory or libelous;
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is pornographic or sexually explicit in nature; and
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seeks or recommends providers of material that exploits people under the age of
18 in a sexual or violent manner, or seeks or recommends providers that solicit
personal information from anyone under 18.
Copyright Dispute Policy.
ReviewYourLandlord has adopted the following general policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act or DMCA
(posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The
address of ReviewYourLandlord's Designated Agent to Receive Notification of
Claimed Infringement ("Designated Agent") is provided at the bottom of this
section.
ReviewYourLandlord Policy.
It is ReviewYourLandlord's policy to (i) block access to or remove material
that it believes in good faith to be copyrighted material that has been
illegally copied and distributed by any of our advertisers, affiliates, Content
providers, members or users; and (ii) remove and discontinue service to repeat
offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the
ReviewYourLandlord Site or Service infringes a copyright, please send a notice
of copyright infringement containing the following information to the
Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including
information regarding the location of the infringing materials that the
copyright owner seeks to have removed, with sufficient detail so that
ReviewYourLandlord is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number
and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is
not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is
accurate and the notifying party is authorized to make the complaint on behalf
of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated
Agent, it is ReviewYourLandlord's policy:
0. to remove or disable access to the infringing material;
1. to notify the Content provider, member or user that it has removed or
disabled access to the material; and
2. that repeat offenders will have the infringing material removed from the
system and that ReviewYourLandlord will terminate such Content provider's,
member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated
Agent.
If the Content provider, member or user believes that the material that was
removed or to which access was disabled is either not infringing, or the
Content provider, member or user believes that it has the right to post and use
such material from the copyright owner, the copyright owner's agent, or
pursuant to the law, the Content provider, member or user must send a
counter-notice containing the following information to the Designated Agent
listed below:
0. A physical or electronic signature of the Content provider, member or user;
1. Identification of the material that has been removed or to which access to
has been disabled and the location at which the material appeared before it was
removed or disabled;
2. A statement that the Content provider, member or user has a good faith
belief that the material was removed or disabled as a result of mistake or a
misidentification of the material; and
3. The Content provider's, member's or user's name, address, telephone number,
and, if available, email address and a statement that such person or entity
consents to the jurisdiction of the Federal Court for the judicial district in
which the Content provider's, member's or user's address is located, or if the
Content provider's, member's or user's address is located outside the United
States, for any judicial district in which ReviewYourLandlord is located, and
that such person or entity will accept service of process from the person who
provided notification of the alleged infringement.
Removal.
If a counter-notice is received by the Designated Agent, ReviewYourLandlord may
send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed material or cease disabling it in
10 business days. Unless the copyright owner files an action seeking a court
order against the Content provider, member or user, the removed material may be
replaced or access to it restored in 10 to 14 business days or more after
receipt of the counter-notice, at ReviewYourLandlord's discretion. Please
contact ReviewYourLandlord's Designated Agent by clicking here.
Venue Only.
If you enter into correspondence or engage in commercial transactions with
third parties in connection with your use of the ReviewYourLandlord Service,
such activity is solely between you and the applicable third party.
ReviewYourLandlord shall have no liability, obligation or responsibility for
any such activity. You hereby release ReviewYourLandlord from all claims
arising from such activity.
Privacy.
Use of the ReviewYourLandlord Site and/or the ReviewYourLandlord Service is
also governed by our Privacy Policy.
Term.
These Terms of Service will remain in full force and effect while you use the
ReviewYourLandlord Site and/or ReviewYourLandlord Services. Either Party may
terminate these Terms of Service for any reason, at any time. Sections 9, 10,
11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these
Terms of Service.
Ownership.
Except for the Content submitted by members or users, the ReviewYourLandlord
Service and all aspects thereof, including all copyrights, trademarks, and
other intellectual property or proprietary rights therein, is owned by
ReviewYourLandlord or its licensors. You acknowledge that the
ReviewYourLandlord Service and any underlying technology or software used in
connection with the ReviewYourLandlord Service contain ReviewYourLandlord’s
proprietary information. You may not modify, reproduce, distribute, create
derivative works of, publicly display or in any way exploit, any of the
content, software, and/or materials available on the ReviewYourLandlord Site,
or ReviewYourLandlord Services in whole or in part except as expressly provided
in ReviewYourLandlord’s policies and procedures made available via the
ReviewYourLandlord Service. Except as expressly and unambiguously provided
herein, ReviewYourLandlord and its suppliers do not grant you any express or
implied rights, and all rights in the ReviewYourLandlord Service not expressly
granted by ReviewYourLandlord to you are retained by ReviewYourLandlord.
Disclaimer.
THE ReviewYourLandlord SITE IS PROVIDED BY ReviewYourLandlord ON AN "AS IS"
BASIS. ReviewYourLandlord AND ITS LICENSORS AND AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO
THE OPERATION OF THE ReviewYourLandlord SITE, ReviewYourLandlord SERVICE OR
SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE
ReviewYourLandlord SITE OR IN ASSOCIATION WITH THE ReviewYourLandlord SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ReviewYourLandlord AND ITS
LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ReviewYourLandlord
AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED
WITHIN THE ReviewYourLandlord SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. ReviewYourLandlord IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF
THE ReviewYourLandlord SITE. ReviewYourLandlord does not warrant or covenant
that the ReviewYourLandlord Service will be available at any time or from any
particular location, will be secure or error-free, that defects will be
corrected, or that the ReviewYourLandlord Service is free of viruses or other
potentially harmful components. Any material or Content downloaded or otherwise
obtained through the use of the ReviewYourLandlord Service is accessed at your
own discretion and risk and you will be solely responsible for any damage to
your computer system or loss of data that results from the download of any such
material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY
USER FROM ReviewYourLandlord, THE ReviewYourLandlord SITE OR THROUGH OR FROM
THE ReviewYourLandlord SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
Limitation on Liability.
ReviewYourLandlord shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond
ReviewYourLandlord's reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation (including
"line-noise" interference). WITHOUT LIMITING THE FOREGOING, ReviewYourLandlord
AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW,
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF
INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, ReviewYourLandlord'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR
ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES
BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO
ReviewYourLandlord FOR THE ReviewYourLandlord SERVICES IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY OR (ii) £50 .
Indemnity.
You agree to indemnify and hold ReviewYourLandlord, its parents, subsidiaries,
affiliates, officers and employees, harmless, including costs and attorneys'
fees, from any claim or demand made by any third party due to or arising out of
(i) your access to the ReviewYourLandlord Site, (ii) your use of the
ReviewYourLandlord Services, (iii) the violation of these Terms of Service by
you, or (iv) the infringement by you, or any third party using your account or
User ID or password, of any intellectual property or other right of any person
or entity.
Third Party Content Providers.
All content is provided by ReviewYourLandlord or its users.
Miscellaneous.
If there is any dispute about or involving the ReviewYourLandlord Site and/or
the ReviewYourLandlord Service, by using the ReviewYourLandlord Site, you agree
that the dispute will be governed by the laws of the England without regard to
its conflict of law provisions. You agree to personal jurisdiction by and venue
in England and courts of England. No agency, partnership, joint venture, or
employment is created as a result of these Terms of Service and you do not have
any authority of any kind to bind ReviewYourLandlord in any respect whatsoever.
ReviewYourLandlord may provide you with notices, including those regarding
changes to the Terms of Service by email, regular mail or postings on the
ReviewYourLandlord Service. These Terms of Service, accepted upon use of the
ReviewYourLandlord Site, and all terms, guidelines and rules referenced herein
contain the entire agreement between you and ReviewYourLandlord regarding the
use of the ReviewYourLandlord Site and/or the ReviewYourLandlord Service. The
failure of ReviewYourLandlord to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder. If any provision of these Terms of Service is found to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that these Terms of Service shall otherwise remain
in full force and effect and enforceable. These Terms of Service are not
assignable, transferable or sublicensable by you except with
ReviewYourLandlord's prior written consent. The section titles in these Terms
of Service are for convenience only and have no legal or contractual effect.
These Terms of Service include ReviewYourLandlord's acceptable use policy for
Content posted on the ReviewYourLandlord Site, ReviewYourLandlord's Privacy
Policy, and any notices regarding the ReviewYourLandlord Site.
Contact and Violations.
Please contact us with any questions regarding
these Terms of Service. Please report any violations of the Terms of Service by
contacting us.
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