Terms Of Use

Last Updated December 26, 2009

Welcome to LandlordIntel.com (the "Site"). The following are the rules ("Terms") that govern your use of the Site. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. The Landlord Intelligence Agency ("Landlord Intel") reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the material on this Site for any use, or for any purpose other than as described in these Terms. Unless specifically authorized by Landlord Intel, you also agree not to deep-link to the Site for any purpose, or to mine the Site to create a database of businesses or business reviews for any commercial purpose. Use of this Site is void where prohibited.

Registering with LandlordIntel.com
In order to take advantage of certain features on the Site, you may be required to register. You will be required to register if you want to post or add to a "Bitch and Moan" entry. Landlord Intel's use of any personal information that you provide to us during any registration process is governed by Landlord Intel's privacy policy. Landlord Intel has no obligation to store, retain or provide you with copies of your posted Content, nor does Landlord Intel guarantee any confidentiality with respect to the posted Content (except as set forth in our Privacy Policy.

My Landlord Intel Account
If you register for a Landlord Intel account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Landlord Intel may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that Landlord Intel deems appropriate.

User Content Rules
You agree that the Content you post will not:

  1. Be offensive and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery.)
  2. Be of a nature that does not address the conduct of the landlord at the address specified (including, but no limited to, spam, chain or other mass messaging).
  3. Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest.
  4. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
  5. Be inappropriate based on the applicable subject matter.
  6. Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
  7. Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
  8. Contain material that violates the standards of good taste or the standards of this Site.
  9. Contain material that is illegal, or that violates any federal, state, or local law or regulation.
  10. Contain language or images intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
  11. Contain material that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

You may not assert or imply that your posted Content is in any way sponsored or endorsed by Landlord Intel. You are solely responsible for the Content that you post, and you assume any and all risks and liability that may arise from your posted Content.

Landlord Intel reserves the right, but not the obligation, to refuse to post, reinstate, disable from view or remove any user Content that we determine, in our sole discretion, to be violations of any User Content Rules.

User Content is not endorsed by Landlord Intel.com
User Content does not reflect the views of Landlord Intel; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Landlord Intel does not assume responsibility or liability for any Content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

Content Submitted by Users owned by LandlordIntel.com
Any Content that is submitted to Landlord Intel shall be owned exclusively and in perpetuity by Landlord Intel. You represent that you have the necessary permissions to use, and transfer to Landlord Intel the exclusive ownership and use of, the posted Content. Such exclusive ownership means that Landlord Intel, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, license, reproduce, modify, translate, transmit, and distribute any and all Content that you post. Landlord Intel is under no obligation to give credit or pay any consideration to you for your Content. You waive completely and in perpetuity any claims and rights associated with your posted Content.

Reporting Claims of Infringement and Copyright Dispute Resolution
Landlord Intel has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act ("DMCA"). Upon receiving notice of a potential copyright infringement claim, Landlord Intel will remove or disable access from the Site the alleged infringing content if such notice complies with the requisite elements under the DMCA. Further, if a user is found to be a repeat offender, Landlord Intel may terminate their user account.

Procedure to Report an Infringement Notification
If you believe that your copyright has been or is being infringed upon by material found on the Site, you are required to follow the below procedure to file a notification:

  1. Identify in writing the copyrighted material that you claim has been infringed upon;
  2. Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);
  3. Include the following statement: "I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.";
  4. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.";
  5. Provide your contact information including your address, telephone number, and e-mail address (if available);
  6. Provide your physical or electronic signature; and
  7. Send the communication to: LandlordIntel@gmail.com

Landlord Intel, may at its sole discretion, send a copy of this legal notice to a third-party which may publish or annotate it.

Please note that you may be subject to liability under Section 512(f) of the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.

Procedure to Report a Counter-Notification
If you believe that content has been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:

  1. Identify in writing the material that was removed or disabled from access, and provide a description that reasonably identifies the location of the material prior to its removal;
  2. Include the following statement "I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";
  3. Provide your name, address, telephone number, email address (if available), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person;
  4. Provide your physical or electronic signature; and
  5. Send the communication to: Landlordintel@gmail.com

For additional questions regarding Landlord Intel’s procedure in handling copyright infringement notifications, please send an email to LandlordIntel@gmail.com.

Contact Us
If you see objectionable content or have any questions about these Terms of Use, please contact Landlord Intel at LandlordIntel@gmail.com.

Links and Search Results
The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Landlord Intel has no control over these sites or the content within them. Landlord Intel cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Landlord Intel does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Landlord Intel for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Landlord Intel at LandlordIntel@gmail.com, and Landlord Intel will investigate your claim and take any actions Landlord Intel deems appropriate at our sole discretion.

Offline Conduct
Although Landlord Intel cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.

Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Eligibility
You may not use the Site if you are under thirteen (13) years of age.

Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Landlord Intel for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS
LANDLORD INTEL DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, RSS FEED, OR LINK ON IT. THE SITE, RSS FEEDS, AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. LANDLORD INTEL CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE OR RSS FEEDS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LANDLORD INTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF ANY KIND AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE OR RSS FEEDS, THE ACCURACY OF ANY BUSINESS LISTINGS AND REVIEWS ON THE SITE OR RSS FEEDS, THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY CONTENT ON THE SITE OR RSS FEEDS, OR THE PRODUCTS AND SERVICES OF ANY BUSINESSES LISTED OR ADVERTISED ON THE SITE OR RSS FEEDS. LANDLORD INTEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR RSS FEEDS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Landlord Intel disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Landlord Intel users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Landlord Intel is not responsible for the actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Landlord Intel at LandlordIntel@gmail.com. Landlord Intel may investigate the claim and take appropriate action, at its sole discretion.

LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LANDLORD INTEL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LANDLORD INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

Indemnity
You agree to indemnify and hold Landlord Intel, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.