This is a legal agreement (“Agreement”) between you and BAD TENANT LLC a Hawaii Limited Liability Corporation. (“BAD TENANT LLC”), which may be contacted at email@example.com. By using and/or visiting this website (collectively, including all content and available through the badtenant.com domain name and any country-specific domains or subdomains thereof, the “badtenant Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Bad Tenant privacy notice, found at http://www.Badtenant/privacy and incorporated here by reference, and (3) Bad Tenant Community, found at http://www.badtenant.com/community and also incorporated here by reference (“Agreement”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
BAD TENANT LLC may offer additional services or revise any of the Services, at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. BAD TENANT LLC also reserves the right to cease offering any of the Services.
This Agreement is subject to change by BAD TENANT LLC in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Use of Site and Service
- User Information
- Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
- Disclaimer of Warranty
- Limitation of Liability
- Terms and Termination
- Revison Sate.
- Minimum Age. You must be at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register for the Services. By using the BAD TENANT LLC Services, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
- Criminal History. By requesting to use, registering to use, and/or using the BAD TENANT LLC, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. BAD TENANT LLC DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, BAD TENANT LLC reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Geographic Limitations. The Site and Services are intended for use in The United States of America. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Users through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You understand that BAD TENANT LLC is unable to guarantee the accuracy of information provided to you by or about other Users, and that BAD TENANT LLC is unable to confirm that any user is who he or she claims to be. BAD TENANT LLC does not warrant and is not responsible for ensuring that Users or other users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the services. You further understand that BAD TENANT LLC makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of matches made available to you through the BAD TENANT LLC Service.
- Reporting of Violations. You will promptly report to BAD TENANT LLC (i) any violation of the Agreement by others, including but not limited to, Users, and (ii) any known or suspected unauthorized access to your account.
- Content Removal. BAD TENANT LLC reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. BAD TENANT LLC will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
- Posting Restrictions. You will not post on the Services, transmit to other users, and communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- Contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, harm or harass another person, create or disseminate computer viruses, or circumvent copy-protect devices;
- Intended to defraud, swindle or deceive other users of the Services;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Solicits gambling or engages in any gambling or similar activity;
- Uses scripts, bots or other automated technology to access the Site or Services;
- Uses the Site or Services for chain letter, junk mail or spam e-mails;
- Collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older); or
- Is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information. You will not provide inaccurate, misleading or false information to BAD TENANT LLC or to any other user. If information provided to BAD TENANT LLC or another user subsequently becomes inaccurate, misleading or false, you will promptly notify BAD TENANT LLC of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to BAD TENANT LLC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BAD TENANT LLC $50 (CAD) for each such unsolicited communication you send through the Services.
- No Harassment of BAD TENANT LLC Employees or Agents. You will not harass, annoy, intimidate or threaten any BAD TENANT LLC employees or agents engaged in providing any portion of the Services to you.
3. User Information.
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on BAD TENANT LLC’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of BAD TENANT LLC’s Privacy Statement
- Disclosure By Law. You acknowledge and agree that BAD TENANT LLC may disclose information you provide if required or permitted to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend BAD TENANT LLC’s, or a third party’s, rights; or (3) protect someone’s life, health or safety, such as when harm or violence against any person (including the user) is threatened.
- Use of Anonymous Information for Research. By using the Services, you agree to allow BAD TENANT LLC u to use anonymized information from you and your experiences through the Services to continue BAD TENANT LLC’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personally identifiable information.
- Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of BAD TENANT LLC, and BAD TENANT LLC is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. BAD TENANT LLC provides these links to you only as a convenience, and the inclusion of any link does not imply that BAD TENANT LLC endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that BAD TENANT LLC will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings, including the sharing of the information you supply to BAD TENANT LLC with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers or sweepstakes sponsors on the Services.
5. Disclaimer of Warranty.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BAD TENANT LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALLL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL, OR IN TORT, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), AND INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, NON-INFRINGEMENT, TITLE OR OWNERSHIP. BAD TENANT LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRATIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR COLLATERAL, THAT YOU’RE USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. BAD TENANT LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by BAD TENANT LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. BAD TENANT LLC DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BAD TENANT LLC. UNDER NO CIRCUMSTANCES WILL BAD TENANT LLC BE RESPONSIBLE FOR ANY CLAIM, LOSS OR DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features. From time to time, BAD TENANT LLC may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at BAD TENANT LLC’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
6. Limitation of Liability.
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAD TENANT LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, GENERAL, COMPENSATORY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BAD TENANT LLC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BAD TENANT LLC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID BAD TENANT LLC FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 (CAD) OR ITS EQUIVALENT.
- No Liability for non- BAD TENANT LLC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAD TENANT LLC BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER CLAIMS, LOSSES OR DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. BAD TENANT LLC and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that BAD TENANT LLC and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless BAD TENANT LLC, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. BAD TENANT LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BAD TENANT LLC in asserting any available defenses.
8. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in full force and effect unless and until terminated hereunder. BAD TENANT LLC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
9. Revision Date.
This Agreement was last revised on APRIL 1, 2013