TERMS AND CONDITIONS
BINDING EFFECT
This agreement (“Agreement”) is a binding agreement between you (“you”) and HMO
Heaven (Rolyat Property Services Limited), of Cwmbran, Torfaen, (“HMO Heaven and
Renttorentkickstarter.co.uk,” “Company,” “we” or “us”). By using the site at
www.renttorentkickstarter.co.uk (the ‘Site’) or any information, materials, images,
graphics, data, text, files, links, software, messages, communications, content,
organization, design, compilation, magnetic translation, digital conversion, HTML, XML,
Java code and other content related to the Site (collectively ‘Content’) or services
provided in connection with the Site (the ‘Service’), you agree to abide by these Terms of
Use, as the Company may amend them from time to time in its sole discretion.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT
LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
Notwithstanding anything else in this Agreement, the Company will not accept your
entering into this Agreement, or purchasing or using the Site, the Content or the Service,
if you are a resident of any of the following states: Cwmbran, Torfaen
REFUND POLICY / CANCELLATION
HMO Heaven is committed to providing each customer with exceptional service. We
want you to feel comfortable about transacting business with us. Due to the nature of our
business and the accessibility of our products immediately upon purchase, there is
specific refund policies in place for different programs, depending on type of product and
service.
If you are not completely satisfied with the product you have paid for, you may contact
hello@hmoheaven.co.uk within 30 days of the purchase and we will look into your
request.
PRIVACY POLICY
Company respects your privacy and permits you to control the treatment of your
personal information. A complete statement of Company’s current privacy policy (the
“Privacy Policy”) can be found clicking here. Company’s Privacy Policy is expressly
incorporated into this Agreement by this reference. When you are required to submit
information to use or access the Site, Content or Service, you must complete the
registration process by providing the information requested on the form. You agree to
the terms in Company’s Privacy Policy regarding the use of the information you submit.
MONTHLY SUBSCRIPTION / AUTOSHIP
Company respects your privacy and permits you to control the treatment of your
personal information. A complete statement of Company’s current privacy policy (the
“Privacy Policy”) can be found clicking here. Company’s Privacy Policy is expressly
incorporated into this Agreement by this reference. When you are required to submit
information to use or access the Site, Content or Service, you must complete the
registration process by providing the information requested on the form. You agree to
the terms in Company’s Privacy Policy regarding the use of the information you submit.
If you purchase our products or services that are subscription based (see list below), you
agree to pay, and authorize automatic recurring billing of the subscription fee with your
credit card, or other payment methods, until subsequently canceled by you. Your
account will be charged every 30 days. You understand and agree that each automatic
recurring billing of the subscription fee is non-refundable and will not be prorated as the
service is deemed used when accessed. You authorize Company to initiate debit entries
from the account provided for the subscription fee, as well as any other purchases made
on the Site. You may cancel at any time by contacting Customer Support at
hello@hmoheaven.co.uk.
LICENSE
Company owns or licenses all intellectual property and other rights, title, and interest in
and to the Site, Content and Service, and the materials accessible on the Site and
Service, except as expressly provided for in the Agreement, including without limitation
the trademarks, copyrights and certain technology used in making the Site, its Content
and Service available. Except as specifically allowed in this Agreement, the copying,
redistribution, use or publication by you of any Content or Service is strictly prohibited.
We grant you a limited revocable license to access and use the Site, Content and our
Service for its intended purposes, subject to your compliance with this Agreement, and if
you are an affiliate of Company, your Affiliate Agreement and Company Policies and
Procedures. The revocable license does not include the right to collect or use
information contained on the Site or through the Service for purposes that Company
prohibits or to compete with Company.
You acquire no ownership or other interest in, or other license to, any patent, copyright,
trademark, trade secret or other intellectual property right or to the Content. You acquire
no rights or licenses in or to any trademarks, service marks, trade names or copyrights
displayed on the Site. You may not reproduce, republish, distribute, assign, sublicense,
retransmit, sell, or prepare derivative works of the Site or Content, or resell or make our
Service available to others. All rights in and to the Site, Service and our Content not
expressly granted in this Agreement remain in us or in our licensors.
You acquire no ownership or other interest in, or other license to, any patent, copyright,
trademark, trade secret or other intellectual property right or to the Content. You acquire
no rights or licenses in or to any trademarks, service marks, trade names or copyrights
displayed on the Site. You may not reproduce, republish, distribute, assign, sublicense,
retransmit, sell, or prepare derivative works of the Site or Content, or resell or make our
Service available to others. All rights in and to the Site, Service and our Content not
expressly granted in this Agreement remain in us or in our licensors.
If you use the Site or our Service in a manner that exceeds the scope of this license or
breaches any relevant agreement, your license shall terminate immediately.
CONFIDENTIALITY
For the purposes of this Agreement, ‘Confidential Information’ shall be deemed to
include all the information and materials about the Company, the Site or the Service that:
(i) if in written format is marked as confidential, or (ii) if disclosed verbally is noted as
confidential at time of disclosure or (iii) in the absence of either (i) or (ii) is information
which a reasonable party would deem to be non-public information and confidential,
including, without limitation, all information provided on or through the Site or Service,
trade secrets, inventions, research methods and projects, methods of compiling
information, methods of creating database, data processing programs, software,
computer models, source and object codes, product formulations, strategies and plans
for future business, product and service development and ideas, potential acquisitions or
divestitures, marketing ideas, financial information including with respect to costs,
commissions, fees, profits and sales, mailing lists, information concerning our affiliates
and customers, potential affiliates and customers and suppliers, and employee
information including their respective salaries, bonuses, benefits, qualifications, abilities
and contact information.
You acknowledge and agree that the nature of the Confidential Information to which you
have, and will continue to have, access derives value from the fact that it is not generally
known and used by others in the highly competitive, international industry in which
Company engages and operates.
You acknowledge that you are receiving the Confidential Information in confidence, and
you will not publish, copy or disclose any Confidential Information without prior written
consent from Company. You further agree that you shall not attempt to reverse
engineer, de-compile or try to ascertain the source code to our software or any other
software supplied hereunder. You acknowledge that you will only use the Confidential
Information to the extent necessary to use the Service and promote your business in
accordance with your agreements with Company, and that you will use best efforts to
prevent unauthorized disclosure of the Confidential Information to any third party.
You agree not to alone or in association with others use the Confidential Information to
(i) solicit, or facilitate any organization with which you are associated in soliciting, any
employee, affiliate or customer of ours to alter his, her or its relationship with us; (ii)
solicit for employment, hire, or engage as an independent contractor, or facilitate any
organization with which you are associated in soliciting for employment, hire, or
engagement as an independent contractor, any person who was employed by or under
contract with us at any time during the term of this Agreement (provided, that this clause
(ii) shall not apply to any individual whose employment or contractual relationship with us
was terminated for a period of one year or longer); or (iii) solicit business from or perform
services for any customer, supplier, licensee, or business relation of ours; induce or
attempt to induce, any such person or entity to cease doing business with us; or in any
way interfere with the relationship between any such person or entity and us.
Other than as expressly provided for herein, you do not acquire any right or interest, by
license or otherwise, in or to the Confidential Information.
You agree that all originals and any copies of the Confidential Information remain the
property of Company. You shall reproduce all copyright and other proprietary notices, if
any, in the same form that they appear on all the materials provided by us, on all
permitted copies of the Confidential Information made by you. You agree to return all
originals and copies of all Confidential Information in your possession or control to us at
its request.
You shall be liable for any and all breaches of this Agreement and any unauthorized use
or disclosure of Confidential Information. If you become compelled by applicable law,
regulation or legal process to disclose any of the Confidential Information, you shall
promptly provide us with notice in order for us to seek a protective order or other
appropriate remedy. Further, if you become compelled to disclose any of the
Confidential Information, you must disclose only that portion of the Confidential
Information you are legally required to disclose as confirmed by a legal opinion of your
counsel at your expense.
USE OF THE SITE, CONTENT AND SERVICE
You may only use the Site, Content and Service to promote your existing business, as
expressly permitted in writing by us. You may not cause harm to the Site or Service.
Specifically, but without limitation, you may not: (i) interfere with the Site, Content or
Service by using viruses, programs, or technology designed to disrupt or damage any
software or hardware, or which attempts to assess the vulnerability of, or actually
violates, any security feature; (ii) access any content or data not intended for you, or log
into an account or server that you are not authorized to access; (iii) modify, create
derivative works, reverse engineer, decompile or disassemble any technology used to
provide the Site or our Service; (iv) use a robot, spider or other device or process to
monitor the activity on or copy pages from the Site or our Service, except in the
operation or use of an Internet ‘search engine,’ hit counters, or similar technology; (v)
collect electronic mail addresses or other information from third parties by using the Site
or our Service; (vi) impersonate another person or entity; (vii) engage in any activity that
interferes with another user’s ability to use or enjoy the Site, or content or our Service;
(viii) assist or encourage any third party in engaging in any activity prohibited by this
Agreement; (ix) co-brand the Site, or content or our Service; (x) frame the Site or
Service; (xi) hyper-link to the Site or Service, without the express prior written permission
of an authorized representative of Company; (xii) use the Site, Content or Service, in
whole or in part, for any purpose that is unlawful, immoral, or prohibited by this
Agreement or any applicable local, state, or federal law, rule, or regulation; (xiii) use the
Site, Content or Service in any manner that could damage, disable, overburden, or
impair the Site or Service; (xiv) circumvent, or attempt to circumvent, any security
feature of the Site; (xv) upload, e-mail or otherwise transmit to or through the Site or
Service, any advertising, promotional, or other unauthorized communication, including,
without limitation, ‘junk mail,’ ‘surveys,’ unsolicited e-mail, ‘spam,’ ‘chain letters,’ or
‘pyramid schemes;’ or (xvi) incorporate data from any of our databases into any emails
or other ‘white pages’ products or services, whether browser- based, based on
proprietary client-side applications, or web-based, without our prior, express and written
consent.
You agree that you will not make any derogatory statements, either oral or written, or
otherwise disparage us, our products, employees, services, work or employment, and
will take all reasonable steps to prevent others from making derogatory or disparaging
statements. You agree that it would be impossible, impractical or extremely difficult to fix
the actual damages suffered by reason of a breach of this paragraph, and accordingly
hereby agree that Company may determine to recover damages sustained by reason of
each such breach, without prejudice to Company’s right to also seek injunctive or other
equitable relief.
If you purchase any of our products or services, you agree that your use of the product
or service is limited by this Agreement as well.
Most areas of the Site are password restricted to registered users (‘Password-Protected
Areas’). If you have registered as an authorized user to gain access to these Password-
Protected Areas, you agree that you are entirely responsible for maintaining the
confidentiality of your password, and agree to notify us if the password is lost, stolen,
disclosed to an unauthorized third party, or otherwise may have been compromised. You
agree that you are entirely responsible for any and all activities that occur under your
account, including any fees that may be incurred under your password-protected
account, whether or not you are the individual who undertakes such activities. You agree
to immediately notify us of any unauthorized use of your account or any other breach of
security in relation to your password or the Site that is known to you.
All testimonials and endorsements must comply with Federal Trade Commission ‘FTC’
guidelines and other applicable laws and regulations. Claims about a product’s
performance or quality must be based on actual experiences. You must disclose
connections between yourself and an advertiser that is unclear or unexpected to a
customer (for example, whether there is a financial arrangement, employment
arrangement, or ownership interest). Disclaimers and disclosures must be clear and
conspicuous when used and must be used properly as to comply with FTC guidelines.
Statements about a product’s price and availability must be truthful and accurate.
Product pricing must show a product’s actual price, must be clearly and conspicuously
displayed, along with any material limitations (for example the cost of shipping or refund
restrictions). Falsely suggesting that a product previously sold for a higher price is not
permitted. False scarcity statements are not permitted (for example, stating that supplies
are limited when there is no actual limit).
You must: (i) accurately state the amount of effort required to succeed with a product or
service; (ii) only state that a product or service has qualifying criteria when there are
actual criteria that must be met; and (iii) only use third party trademarks and copyright
protected materials with written permission.
USER CONTENT
User Content means all content created by you, which includes but is not limited to
audio, video, images, photographs, logos, illustrations, animations, tools, written posts,
comments, data, text, software, graphics, scripts, themes, and/or interactive features.
Keep in mind that once you post something on a blog thereby making it available on the
Internet and to the public, it may be practically impossible to take down all copies of it.
By posting, downloading, displaying, performing, transmitting, or otherwise distributing
any User Content to the Site or Service, you are granting us a transferrable, perpetual,
irrevocable, worldwide and royalty free nonexclusive license (including the right to sub-
license), to use, possess, copy, transmit, publicly display, distribute, sell, host, store,
cache, disclose, perform, modify, edit, translate, reformat, import, export and prepare
derivative works of such User Content through multiple tiers of distribution in any and all
media now known or hereafter invented (including, without limitation, the right to conform
it to the requirement of any networks, devices, services, or media through which the Site
or Services are available). Company will not pay you any compensation for the use of
your User Content as provided herein. We are under no obligation to post or use any
User Content you may provide and may remove User Content at any time in our sole
discretion. You agree that Company may publish or otherwise disclose your name in
connection with your User Content. By posting User Content on the Site or Service, you
warrant and represent that you own the rights to the User Content or are otherwise
authorize to post, distribute, display, perform, transmit, or otherwise distribute User
Content.
Except as otherwise set forth herein, you retain ownership of all intellectual property
rights in your User Content, and Company and/or third parties retain ownership of all
intellectual property rights in all Content other than User Content. You retain ownership
of any intellectual property, URLs, and/or domain names you use or post or Service.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Content or Service, you agree to obey the law and
to respect the intellectual property rights of others. Your use of the Service, Content and
Site is at all times governed by and subject to laws regarding intellectual property
ownership. You agree not to upload, download, display, perform, transmit, or otherwise
distribute any information or content in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree to abide by
laws regarding intellectual property ownership and use, and you shall be solely
responsible for any violations of any relevant laws and for any infringements of third
party rights caused by any content you provide or transmit, or that is provided or
transmitted using your user name. The burden of proving that any content does not
violate any laws or third party rights rests solely with you.
All trademarks, service marks, trade names and copyrights displayed on the Site or in
the Content are proprietary to us or their respective owners.
INAPPROPRIATE CONTENT
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any material or content that (i) is libelous, defamatory, obscene, pornographic, abusive,
or threatening; or (ii) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state, national,
or foreign law or regulation or this Agreement. Company reserves the right to terminate
your receipt, transmission or other distribution of any such material or content using the
Service, and, if applicable, to delete any such material or content from its servers.
Company intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of this Agreement or of any applicable laws.
Company reserves the right, but does not assume the obligation, to monitor transactions
and communications that occur through the Site and Service. If Company determines, in
its sole and absolute discretion, that a user has or will breach a term or condition of this
Agreement or that such transaction or communication is inappropriate, Company may
cancel such transaction or take any other action to restrict access to or the availability of
any material or content that may be considered objectionable, without any liability to you
or any third party.
COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Site, in the Content or with the Service.
Company has adopted a policy that provides for the immediate suspension or
termination of any Site or Service user who is found to have infringed on the rights of
Company or a third party, or otherwise violated any intellectual property laws or
regulations. Company’s policy is to investigate any allegations of copyright infringement
brought to its attention. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want Company to delete,
edit or disable the material in question, you must provide Company with all of the
following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; c. Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and e. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:
Services will be provided by:
Stephanie Taylor & Nicola Taylor, HMO Heaven (hmoheaven.co.uk and
renttorentkickstarter.co.uk)
Pembroke House, Llantarnam Park Way, Cwmbran, Torfaen, United Kingdom, NP44
3AU
Effective Date: April 21, 2016
ALLEGED VIOLATIONS
Company reserves the right to suspend or terminate your use of any Service or the
Content or Site. To ensure that Company provides a high quality experience for you and
for other users of the Site, Content and Service, you agree that Company or its
representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights or other
unauthorized uses of the Site, Content or Service. Company does not intend to disclose
the existence or occurrence of such an investigation unless required by law, but
Company reserves the right to suspend or terminate your account or your access to the
Site immediate, with or without prior notice to you, and without liability to you, if
Company believes that you have violated any of this Agreement, furnished Company
with false or misleading information, or interfered with use of the Site, Content or the
Service by others.
FULL POWER AND AUTHORITY
You represent and warrant that: (i) you have the full power and authority to enter into
and perform under this Agreement; (ii) execution and performance of this Agreement
does not constitute a breach of, or conflict with, any other agreement or arrangement by
which you are bound; (iii) the terms of this Agreement are legal, valid, and binding
obligation, enforceable against you; (iv) all content you create to promote Company, its
Site, the Content or Service was created without any contribution of any kind from
Company including, without limitation, editorial control or approval, that any suggestions
regarding content received from Company are made ‘as-is’ and without any warranty;
and that you have had all marketing materials created by you reviewed by competent
legal counsel and solely assume all responsibility for it; (v) you are at least 18 years of
age, (vi) your use of the Site and Content is legal in, and does not violate any laws or
rules of, the jurisdictions in which you reside or from which you use or otherwise access
the Site, (vii) all information (if any) provided by you to us is correct, (viii) your use of the
Site, Content and Services shall be in accordance with this Agreement and your Affiliate
Agreement and the Policies and Procedures of Company if you are an affiliate and (ix)
you are capable of assuming, and do assume, any risks related to the use of the Site,
Content and Services.
DISCLAIMER OF WARRANTIES
COMPANY HEREBY MAKES NO REPRESENTATIONS, AND DISCLAIMS ALL
WARRANTIES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE
CONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND
ALL WARRANTIES EXPRESS AND IMPLIED, THE WARRANTIES OF
NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE
OF DEALING; ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND
SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY
SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL
CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED ‘AS IS,’
‘WITH ALL FAULTS,’ AND ‘AS AVAILABLE.’ WE DISCLAIM ALL WARRANTIES,
YOUR USE OF THE SITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK.
ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE
OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR
ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR
RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE,
CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE
SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE
SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR
INABILITY TO USE, THE SITE OR SERVICE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER
DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS
OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO
ANY CONSUMER DATA.
WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF
SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICE.
INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING
AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS. YOU
SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN
ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC
ADVICE FOR YOUR BUSINESS.
LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED
PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
CONTENT, THE SITE, THE SERVICE, OR INFORMATION RELATED TO THE SITE
OR SERVICE, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I)
ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR
CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT, OR
RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT
OBTAINED THROUGH THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV)
OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF YOUR DATA OR
INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO OR
ARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT WILL NOT EXCEED
THE LESSER OF YOUR ACTUAL DAMAGES OR THE CHARGES PAID BY YOU TO
US FOR THE SITE FOR A PERIOD OF TWO MONTHS.
WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR
UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE
PROVIDERS, WEBSITES, OR OTHER CONNECTIONS, OR FOR
MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR
MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS, OR FOR
ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE
FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY
KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY
CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT
THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF
USE.
INCOME DISCLOSURE
THE INCOME DISCLOSURE POSTED ON OUR WEBSITE IS INCORPORATED
HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ
AND UNDERSTAND IT.
This Website is owned and operated by HMO Heaven (Rolyat Property Services
Limited)
its owners, officers, directors, employees, contractors, subsidiaries, affiliates, licensors,
service providers, and agents (hereinafter “HMO Heaven”) are NOT financial or legal
advisors, and nothing contained on this Website or delivered as part of the products or
services sold by HMO Heaven, Renttorentkickstarter or its affiliates is intended to be
financial or legal advise.
Furthermore, the services, strategies, information, and/or products offered on this
Website, through the membership or coaching programs, and/or elsewhere are not to be
interpreted as a promise or guarantee of earnings or any specific result.
The education and information presented by HMO Heaven is intended for a general
audience and does not purport to be, nor should it be construed as, specific financial,
legal, or other advice tailored to any individual. You are encouraged to discuss any
opportunities with your attorney, accountant, financial professional, or other advisor.
In fact, your personal level of success in attaining the results from using our information,
strategies, and/or products totally depends upon your own individual circumstances, the
effort you devote to your own financial success, the ideas and techniques used, your
finances, the various strategies that your financial, legal, and other advisors may have
suggested that you implement, your knowledge, and various other skills. Since these
factors differ among each individual, we cannot guarantee your success or income level,
nor are we responsible for any of your actions.
Any and all forward-looking statements on this web site, membership program, and/or in
any of our products are intended to express our opinion of the earnings potential that
some people may achieve. To the extent that we included any case studies or
testimonials on this site, you can assume that none of these stories in any way represent
the “average” or “typical” customer experience.
HMO Heaven may receive compensation as a result of purchases from service providers
or vendors that are recommended from this Website and/or otherwise from HMO
Heaven.
YOU AGREE AND UNDERSTAND THAT HMO HEAVEN IS NOT RESPONSIBLE FOR
YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES
WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
RELATED SITES
Company has no control over, and no liability for, any third party sites or materials (‘Third
Party Sites’). Company works with a number of partners and affiliates whose Internet
sites may be linked with the Site. Because Company has no control over the content and
performance of these Third Party Sites, Company makes no guarantees about the
accuracy, currency, content, or quality of the information provide by such Third Party
Sites, and Company assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access
to content items (including, but not limited to, websites) that are owned by third parties.
You acknowledge and agree that Company makes no representations, warranties or
guarantees about, and assumes no responsibility for, the accuracy, currency, content, or
quality of this Third Party Sites, and that, unless expressly provided otherwise, this
Agreement shall govern your use of any and all Third Party Sites.
Your linking to such Third Party Sites is at your own risk. We do not investigate, monitor,
or check such Third Party Sites for accuracy or completeness. We are not responsible
for the availability of these Third Party Sites, nor are we responsible for the aesthetics,
appeal, suitability to taste or subjective quality of informational content, advertising,
products or other materials made available on or through such Third Party Sites. We are
providing these links to you only as a convenience and may discontinue providing such
links at any time in our sole discretion without notice to you. No endorsement of any third
party content, information, data, opinions, advice, statements, goods, services or
products is expressed or implied by any information, material or content of any Third
Party Site contained in, referred to, included on, or linked from or to, the Site. Under no
circumstances shall we or any affiliated providers be held responsible or liable, directly
or indirectly, for any loss, injury, or damage caused or alleged to have been caused to
you in connection with the use of, or reliance on, any content, information, data,
opinions, advice, statements, goods, services, or products available on such Third Party
Sites.
You should direct any concerns to the respective Third Party Site’s administrator
or webmaster. Any links to Third Party Sites do not imply that we are legally authorized
to use any trademark, trade name, logo or copyright symbol displayed in or accessible
through such links, or that any linked Third Party Site is authorized to use any
trademark, trade name, logo or copyright symbol of ours.
Company, its managers, or members may receive an affiliate commission when you
purchase some of the products or services that we recommend on our Site or Service.
By entering into this Agreement, you acknowledge that you have been informed of such
payments, consent to payments of affiliate commission, and agree that such payments
are fair and reasonable.
TERMINATION
You agree that Company may suspend or terminate your use of the Site or Service, in its
sole discretion, including without limitation, if Company believes, in our sole and
absolute discretion, that you have breached any term of this Agreement or, if you are an
affiliate with Company, your Affiliate Agreement or Company’s Policies and Procedures.
You acknowledge and agree that Company shall not be liable to you or any other party
for said suspension and termination.
Upon termination, your license to use the Site, Content or Service and everything
accessible by or through the Site, Content or Service shall terminate and the remainder
of this Agreement shall survive indefinitely unless and until we chose to terminate it.
Upon termination of any part of this Agreement for any reason, we shall make
reasonable efforts to ensure that your User Content is inaccessible and cease use of it;
however, you acknowledge and agree that: (i) caching of, copies of, or references to the
User Content may not be immediately removed or possible to remove; (ii) such removed
User Content may continue in backups (not available to others) for a relatively short
period of time; and (iii) due to re-blogging capabilities, such removed User Content may
continue to be available (and stored on our servers) through the accounts of other
subscribers. NOTICES
All notices required or permitted to be given under this Agreement will be in writing and
delivered to the other party by any of the following methods: (i) U.K. Mail, (ii) overnight
courier, or (iii) electronic mail. If you give notice to us, you must use the following
address: HMO Heaven, Pembroke House, Llantarnam Park Way, Cwmbran, Torfaen,
United Kingdom, NP44 3AU. If Company provides notice to you, Company will use the
contact information provide by you to us. All notices will be deemed received as follows:
(A) if delivery by U.K. mail, seven business days after dispatch, (B) if by overnight
courier, on the date receipt is confirmed by such courier service, or (C) if by electronic
mail, 24 hours after the message was sent, if no ‘system error’ or other notice of non-
delivery is generated. If applicable law requires that a given communication be ‘in
writing,’ you agree that email communication will satisfy this requirement.
INDEMNITY
You agree to indemnify, defend, and hold Company, its managers, members, officers,
directors, employees, consultants, agents, and representatives harmless from and
against any and all actions, claims, demands, proceedings, liabilities, damages,
judgments, settlements, fines, penalties, costs, and expenses, including attorney’s fees
and related costs, which (i) arise or in part from your negligence or wrongful act(s) or
omission(s); (ii) arise from or are related to a breach you have any express warranty
contained herein; or (iii) failure to comply with this Agreement. We have no duty to
reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising
out of, this Agreement, the Site, Content or Service, or your access to or use of the Site,
Content or Service.
If an action is brought against Company in respect to any allegation for which indemnity
may be sought, Company will promptly notify you of any such claim of which it becomes
aware and will: (i) provide reasonable cooperation to you at your expense in connection
with the defense or settlement of any such claim; and (ii) be entitled to participate at its
own expense in the defense of any such claim.
Company agrees that you will have sole and exclusive control over the defense and
settlement of any such third party claim. However, you agree not to acquiesce to any
judgment or enter into any settlement that adversely affects Company’s rights or
interests without the prior written consent of Company.
GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the
United Kingdom, without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal courts in Kent in all
disputes arising out of or related to the use of the Site, Content or Service. In the event
of a dispute between an affiliate and Company arising from or relating to the Agreement,
or the rights and obligations of either party, the parties shall attempt in good faith to
resolve the dispute through confidential, non binding mediation as more fully described
in the Policies and Procedures. Company shall not be obligated to engage in mediation
as a prerequisite to disciplinary action against an Affiliate. If the parties are unsuccessful
in resolving their dispute through mediation, the dispute shall be settled totally and finally
by arbitration as more fully described in the Policies and Procedures.
Notwithstanding the foregoing, either party may bring an action before the courts
seeking a restraining order, temporary or permanent injunction, or other equitable relief
to protect its intellectual property rights, including but not limited to customer and/or
affiliate lists as well as other trade secrets, trademarks, trade names, patents, and
copyrights. The parties may also seek judicial enforcement of an arbitration award. You
waive any requirement of posting a bond in connection with such an action brought
against you.
These Terms of Use do not limit any rights or remedies that we or our suppliers,
licensors or other similar entities, may have under trade secret, copyright, patent,
trademark or other laws.
SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in
this Agreement to be unenforceable, all other terms and conditions will remain
unaffected and in full force and effect. No waiver of any breach of any provision of this
Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of
the same or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
MODIFICATIONS
Company may, in its sole discretion and without prior notice, (i) revise this Agreement;
(ii) modify the Site, Content or the Service, and (iii) discontinue the Site, Content or
Service at any time for any reason. Company shall post any revision to this Agreement
to the Site, and the revision shall be effective immediately upon such positing. In the
event of substantive changes to this Agreement, the new terms will be posted to the
Site. If any modification is unacceptable to you, your only recourse is not to use the Site
and Service and to request an immediate termination of your membership. Your
continued use of the Site, Content or the Service following positing of a change notice or
new Agreement on the Site will constitute binding acceptance of the changes.
MISCELLANEOUS
This Agreement will be binding upon each party hereto and its successors and permitted
assigns. This Agreement will not be assignable or transferable by you without
Company’s prior written consent. This Agreement, and the related policy statements
referred to herein, contains the entire understanding of the parties regarding use of the
Site, Content and Service, and supersedes all prior and contemporaneous agreements
and understandings between the parties regarding the same. Any rights not expressly
granted herein are reserved. No agency, partnership, joint venture or employee-
employer relationship is intended or created by this Agreement. The provisions of this
Agreement addressing disclaimers of representations and warranties, indemnity
obligations, intellectual property and governing law shall survive the termination of this
Agreement.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE
AGREEMENT, AS AMENDED FROM TIME TO TIME.