- Acceptance of User Agreement
IF YOU ARE USING OR ACCESSING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU ARE REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGE AND UNDERSTAND THAT BOTH YOU, INDIVIDUALLY, AND THE COMPANY OR ENTITY WHICH YOU REPRESENT ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO REGISTER AN ACCOUNT AND BECOME AN USER, DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT CLICK “JOIN TENANT EVICTION DATABASE” AND DO NOT ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY TENANT EVICTION DATABASE WEBPAGE, INFORMATION OR SERVICES. BY CLICKING “JOIN NOW,” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE, ON BEHALF OF YOURSELF AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY WHICH YOU REPRESENT, TO BE BOUND BY ALL OF ITS PROVISIONS. BY CLICKING “JOIN NOW,” YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR CLICK OF THE “JOIN NOW” BUTTON AS ONE.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TENANT EVICTION DATABASE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Your Obligations.
- License and warranty for your submissions to Tenant Eviction Database: You own the information you provide Tenant Eviction Database under this Agreement, and may request its deletion at any time, unless you have shared information or content with other Users and they have not deleted it, or it was copied or stored by other Users with your permission. Additionally, you grant Tenant Eviction Database a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Tenant Eviction Database, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Tenant Eviction Database, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Tenant Eviction Database profile information accurate and updated.
- Service Eligibility: To be eligible to use the Service, you must meet the following criteria and you hereby represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Tenant Eviction Database account, (3) are not a competitor of Tenant Eviction Database or are not using the Services for reasons that are in competition with Tenant Eviction Database; (4) will only maintain one Tenant Eviction Database account at any given time; (5) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, are a party; (6) will not violate any rights of Tenant Eviction Database, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
- User ID and Password: You agree to: (1) keep your password secure and confidential; (2) not permit others to use or otherwise access your account; (3) not use or otherwise access other Users’ accounts; and (4) not sell, trade, rent, lease, share, or otherwise transfer your Tenant Eviction Database account or a right to access your Tenant Eviction Database account, or any portion thereof, to another party. You are responsible for anything that happens through or involving your account until you close down your account or prove to Tenant Eviction Database’s reasonable satisfaction that your account security was compromised due to no fault of your own. To close your account, please visit the Accounts section within the Tenant Eviction Database application.
- Indemnification: You will indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in your account or which you engage in or through your use of the Services.
- Payment: If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), those Premium Services are subject to this Agreement and any additional terms which you accept in connection with registering for the Premium Services. When you purchase Premium Services, you agree that we may store your payment information and that we may use that payment information to charge the applicable fees for the Premium Services (including, without limitation, periodic subscription fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription and are non-refundable. You also acknowledge that Tenant Eviction Database’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
- Communications from Tenant Eviction Database to You: Tenant Eviction Database, at its discretion, may contact or notify you regarding scheduled and unscheduled downtimes outside of our routine maintenance windows, changes to the Services or this Agreement or other items relating to the Services or your account using any of the following means: (a) a banner notice placed across Tenant Eviction Database’s pages; (b) an email from Tenant Eviction Database to an email address associated with your account, even if we have other contact information; or (c) through your Tenant Eviction Database account or through other means including mobile number, telephone, or delivery services including the postal service. Please review your Settings to control what kind of messages you receive from Tenant Eviction Database. You acknowledge and agree that Tenant Eviction Database shall not be liable for any consequence resulting, directly or indirectly, from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
- Tenant Eviction Database Applications: Tenant Eviction Database may offer the Services through applications built using Tenant Eviction Database’s platform (“Tenant Eviction Database Applications”). Examples of Tenant Eviction Database Applications include its smart phone applications (Tenant Eviction Database for Android or Tenant Eviction Database for iOS), and Tenant Eviction Database’s “Share” buttons and other interactive plugins distributed on websites across the web. Tenant Eviction Database Applications are distinct from third party Platform Applications addressed elsewhere in this Agreement. If you use a Tenant Eviction Database Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Tenant Eviction Database plugins that load in your browser may be communicated to us. Further, by importing any of your Tenant Eviction Database data through the Tenant Eviction Database Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Tenant Eviction Database account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Services through your mobile access provider. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
- User-to-User Communication and Sharing (Groups, Discussions, Topics, Messaging, Promotions, Events, Tasks, Updates, Company Profiles, etc.): Tenant Eviction Database may host various forums where you can post your observations and comments on designated topics. Tenant Eviction Database also enables sharing of information by allowing Users to post updates, including links to third party content, and other information such as events, promotions, and other content to their profile and other parts of the site, such as Profile Pages. Tenant Eviction Database members can create Profile Pages and other Pages for free, however, Tenant Eviction Database may close or transfer any Profile Pages or other User created Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. NOTWITHSTANDING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT TENANT EVICTION DATABASE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION POSTED BY YOU OR ANY OTHER USER IN ANY TENANT EVICTION DATABASE HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE THROUGH A USER CREATED MESSAGE OR OTHERWISE THROUGH THE SERVICES IN ANY MANNER. Please note that ideas you post and information you share may be seen and used by other Users, and Tenant Eviction Database cannot guarantee that other Users will not use the ideas and information that you share on Tenant Eviction Database. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to the Services, to any Tenant Eviction Database Users you are connected to, into your Network Updates, or elsewhere. TENANT EVICTION DATABASE IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN OR ON ANY TENANT EVICTION DATABASE HOSTED FORUM, BLOG, PAGE, CALENDAR OR WEBSITE OR THROUGH A USER CREATED MESSAGE OR OTHERWISE THROUGH THE SERVICES IN ANY MANNER.
- Export Control: Your use of Tenant Eviction Database services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
- Contributions to Tenant Eviction Database: By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Tenant Eviction Database through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tenant Eviction Database is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tenant Eviction Database shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tenant Eviction Database may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Tenant Eviction Database all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Tenant Eviction Database under any circumstances.
- Invitations to Connect. If you invite other Users to connect with you or if you invite persons not yet members of the Tenant Eviction Database community to join Tenant Eviction Database and connect with you, Tenant Eviction Database will automatically send up to two reminder emails to recipients who haven’t yet responded to your invitation to connect. Reminders are sent to alert the recipient of an invitation in case they overlooked the original message. No more than two reminders are sent, and if the recipient responds to the invitation, the reminders stop. You may prevent Tenant Eviction Database from sending reminder emails by canceling the invitation at any time prior to the transmittal of the reminder email.
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Tenant Eviction Database prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Tenant Eviction Database upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Tenant Eviction Database users.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Tenant Eviction Database.
- You must not access Tenant Eviction Database’s private API by means other than those permitted by Tenant Eviction Database. Use of Tenant Eviction Database’s API is subject to a separate set of terms available here. /privacy-policy/
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Tenant Eviction Database users.
- You must not use domain names or web URLs in your username without prior written consent from Tenant Eviction Database.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Tenant Eviction Database page is rendered or displayed in a user’s browser or device.
- You must comply with Tenant Eviction Database’s Community Guidelines, available here: /privacy-policy/
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Tenant Eviction Database account by logging into the Service and completing the form available here: https://tenantevictiondb.com/contact-us/. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Tenant Eviction Database is not responsible or liable for the conduct of any user. Tenant Eviction Database reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Tenant Eviction Database does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Tenant Eviction Database is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Tenant Eviction Database has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Tenant Eviction Database Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Tenant Eviction Database’s express consent).
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tenant Eviction Database may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by Tenant Eviction Database (“Tenant Eviction Database Content”). Tenant Eviction Database Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Tenant Eviction Database, Tenant Eviction Database owns and retains all rights in the Tenant Eviction Database Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Tenant Eviction Database Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Tenant Eviction Database Content.
The Tenant Eviction Database name and logo are trademarks of Tenant Eviction Database, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tenant Eviction Database, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Tenant Eviction Database, and may not be copied, imitated or used, in whole or in part, without prior written permission from Tenant Eviction Database.
Although it is Tenant Eviction Database’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Tenant Eviction Database reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Tenant Eviction Database, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Tenant Eviction Database encourages you to maintain your own backup of your Content. In other words, Tenant Eviction Database is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Tenant Eviction Database will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is Tenant Eviction Database’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Tenant Eviction Database does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Tenant Eviction Database is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people’s rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, visit: tenantevictiondb.com/contact-us/. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, TENANT EVICTION DATABASE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TENANT EVICTION DATABASE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “TENANT EVICTION DATABASE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE TENANT EVICTION DATABASE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TENANT EVICTION DATABASE OR VIA THE SERVICE. IN ADDITION, THE TENANT EVICTION DATABASE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE TENANT EVICTION DATABASE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE TENANT EVICTION DATABASE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE TENANT EVICTION DATABASE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TENANT EVICTION DATABASE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TENANT EVICTION DATABASE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE TENANT EVICTION DATABASE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TENANT EVICTION DATABASE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TENANT EVICTION DATABASE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TENANT EVICTION DATABASE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TENANT EVICTION DATABASE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TENANT EVICTION DATABASE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Tenant Eviction Database can require the other to participate in an arbitration proceeding. To opt out, you must notify Tenant Eviction Database in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Tenant Eviction Database, ATTN: Opt-out Services, 1001 Convention Center Dr. Suite 700, Las Vegas, NV 89109
You must include your name and residence address, the email address you use for your Tenant Eviction Database account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Tenant Eviction Database.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Tenant Eviction Database must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tenant Eviction Database to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Tenant Eviction Database provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.