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Term Of Service

Welcome to this website which offers one or more products and services. These products and services are offered at several web addresses or URLs, such as theRRD.com, app.theRRD.com and others. Those URLs, individually and collectively, are referred to in these Terms and Conditions as the 'Sites.' We use the terms 'you' and 'your' to include any person who accesses the Sites, obtains Materials (defined below), or purchases or acquires any product or service offered on the Sites ('product(s)' and 'service(s)' collectively referred to as the 'Services') for any amount of time. We use the terms 'we', 'us' and 'our' to refer to The Rent Rite Directory (theRRD) (the 'Company'), which operates the Sites; our employees, members, officers, partners, affiliated entities, representatives, attorneys, and agents. The companies that provide the Materials or the Services to us or to you, include but are not necessarily limited to, Equifax, TransUnion, theRRD and Microbilt (all such companies that provide Materials and Services to you on our behalf are referred to collectively in this Agreement as the 'Providers'). We use the term 'Materials' to mean any data or information about you that we provide to you on any web page, email, text message, instant message, or printed page, including full and partial reports, as full or partial fulfillment of the Services.

1. This is a Binding Agreement

These Terms and Conditions are a binding legal agreement between you and us and govern your access to the Sites and your purchase and use of the Services. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

2. Important Notice - Your Written Instructions under the Fair Credit Reporting Act

You are authorized to view personal credit data from Equifax, TransUnion, theRRD and Microbilt, as a certified “end user”. You have a permissible purpose for obtaining reports, as defined by Section 604 of the Fair Credit Reporting Act as amended (“FCRA”). You understand by using our system you are authorizing the Providers to obtain credit related information from Equifax, TransUnion, theRRD and Microbilt (collectively, the 'CRA Repositories') and provide such information to you to assist with your decision making process regarding the rental, sale, management and/or financing of real estate in connection with a tenant and/or pre-employment screening application, initiated by the consumer;

By using our system you are certifying under penalty of law and perjury that you have a legitimate business need for our services, and that you and any employees that are authorized by you to use the site, will comply with all applicable laws, statutes, ordinances and regulations, including but not limited to the Fair Housing and Equal Opportunity (FHEO),Fair Housing Act,Equal Credit Opportunity Act (ECOA) and the FCRA. You also acknowledge that you will have access to sensitive information on individuals and will apply appropriate security measures to ensure the privacy as allowed for by state and federal law as well as the FCRA.

3. The Services

Client hereby agrees to the terms and conditions set forth in the master Agreement when enrolled in Subscription Services, you agree to pay all charges at the effective monthly price. If you purchase Transactional Services, you agree to pay the price in effect at the time of such purchase. All prices are exclusive of any taxes, except as required by applicable law. We reserve the right to change prices or to institute new charges for the Services, or any portion thereof, at any time. Price changes and new charges will apply to subsequent subscription periods for current paid subscribers immediately on the effective date of the change and to all new Subscription Services users from such effective date forward. theRRD may suspend Client’s services if payments are not received during billing cycle. Non-payment by Client’s customers will not relieve Client of the responsibility of paying theRRD.

The Services consist of the products and services described on the Sites, and include but are not limited to all products and services provided on a recurring, subscription basis ("Subscription Services") or as a one-time transaction ("Transactional Services"). You acknowledge and agree that the Company obtains the Materials from the Providers. The Materials are intended to furnish you with information that you may not otherwise have readily available to you. YOU AGREE THAT THE COMPANY AND THE PROVIDERS HAVE NO LIABILITY FOR ANY INFORMATION (ACCURATE OR INACCURATE, COMPLETE OR INCOMPLETE) IN THE MATERIALS OR ANY REPORTS PROVIDED TO YOU AS PART OF THE SERVICES.

4. How To Cancel Your Enrollment in Subscription Services

This Agreement is effective on a month-to-month basis you may terminate your enrollment in Subscription Services by calling us at the toll free number that appears on the applicable Site and on the emails that you receive from us. If for some reason you do not have access to a phone, you may terminate by writing us at 4514 Travis Street Suite 213, Dallas, TX 75205, and requesting termination. You may not cancel via email to us. We do not provide prorated refunds.

5. Purchases of Transactional Services are Final

Services typically involve an order process associated with your request to purchase and receive a specific product and/or service, including but not limited to credit report(s) and criminal background from the Providers. We will not issue a refund to you for any Services which allow you to access credit report(s) and/or criminal background(s) following the completion of your transaction.

6. In order to use the Sites and the Services, You must provide the following information:

You must provide valid debit or credit card payment information at time of enrollment in Subscription Services, or at the time of purchase of Transactional Services. We will verify your debit or credit card information before processing your order, including performing an authorization in an amount up to the stated monthly membership fee for all Subscription Services, and/or all fees associated with the purchase of Transaction Services. The authorization amount may count against your debit or credit limit. Your debit or credit card (including, if applicable, as automatically updated by your card provider following expiration or change in account number) will continue to be charged each month at the applicable monthly rate unless and until you cancel the Subscription Services.

7. Important Information regarding your authorization to charge your credit or debit card

BY SUBMITTING YOUR ORDER, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR DEBIT YOUR BANK ACCOUNT THE STATED ENROLLMENT OR TRANSACTION AMOUNT AND/OR PROCESSING FEES AND FOR SUBSCRIPTION. Your enrollment in Subscription Services will continue month-to-month unless and until you cancel or we terminate your enrollment. If you purchase additional Services, they will be billed to the debit or credit card provided to us during enrollment.

8. Privacy Policy

By using any of the Sites or purchasing any of the Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. Our Privacy Policy can be found by clicking on the Privacy Policy link at the bottom of any page of the Sites.

9. Copyright & Trademark Notices

You acknowledge that the Sites and other forms of communication, including, but not limited to, electronic mail and direct mail, contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under U.S. copyright laws. The Services names and logos are our service marks. All other service marks and trademarks appearing on the Sites are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any Content in whole or in part.

10. We reserve the right to terminate your subscription

We reserve the right to terminate your membership or access to the Services at any time without notice, for any reason, including but not limited to: (i) breach of these Terms and Conditions by you or anyone using your account, (ii) nonpayment for the Services or expiration of your subscription period, (iii) conduct we believe is harmful to the Services users, the business of the Company or the Company's affiliates, (iv) those reasons otherwise described in these Terms and Conditions, or (v) any other circumstances which we determine, in our sole discretion, merit termination. Any such termination may be without any refund to you of advance payments.

You agree that we will not be liable to you or to any third party for any termination of your membership or termination of your access to the Services.

11. Sending and Receiving Information over the Internet

You understand and agree that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit or access will be free from unauthorized third party intrusion. You understand and agree that all actions you take in submitting or accessing information through the Sites or the Services are at your own risk and are subject to these Terms and Conditions, including but not limited to the 'DISCLAIMER OF WARRANTIES' and 'LIMITATION OF LIABILITY' Sections set forth below.

12. Your User Name and Password

While enrolling in Subscription Services, you will designate a user name and password. In addition, from time to time we may require you to reset your password. You understand and agree that the user name and password are only granted to the individual accepting these Terms and Conditions. You are responsible for maintaining the confidentiality of your user name and password and are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your user name, password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your password or account information. In addition, we will not be liable for actions taken by others who access your account.

13. Changes to Prices and Terms and Discontinuance of Service

We reserve the right at any time to modify, suspend, or discontinue the Sites and the Services, or any part, version or feature thereof, in our sole discretion without prior notice to you. We will use reasonable efforts to notify you of any such material modifications to or suspensions or discontinuations of the Sites or the Services, including by posting a notice on the applicable Site. We may also, but are not required to, provide you notice by sending an email message to the current email address listed in your subscription. We will not be liable to you or any third party for any modification, suspension or discontinuation of the Sites or the Services, or for any failure to notify you of same.

Your continued use of the Services or of the Sites, or your failure to terminate your subscription, after any such changes, modifications, or charge have been made to the Sites and/or Services, will constitute your acceptance of those changes, modifications, and charges.

14. Content Submission

By using the Sites or the Services, you agree that you will not engage in any conduct that:

  1. submits any information that is untruthful, unlawful, harmful, sexual, pornographic, degrading, threatening, abusive, religious, racist, defamatory, or hateful, to an individual, or group of individual, libelous, in any way, or is in violation of the Fair Credit Reporting Act, Fair Housing Act or any local, state or national laws;
  2. provides any information or data based upon religion, gender, sexual orientation, race, age or disability, or in any way shape or form violates any of the Fair Housing Act, or Equal Housing Opportunity laws;
  3. makes available content that is misleading, fraudulent, deceiving, or incorrect;
  4. intentionally or unintentionally submit any information that may be another party(ies) proprietary material, or that they do not have the right to make available; or
  5. posts any information or advertisement on other companies, links, or references to other services.

15. Prohibited Acts

By using the Sites or the Services, you agree that you will not engage in any conduct that:

  1. interferes with or disrupts the Sites or the Services;
  2. intentionally or unintentionally violates any applicable local, state, national or international law;
  3. could subject the Company or the Providers to any legal liability, whether in tort or otherwise;
  4. would violate or attempt to violate our systems or network security; or
  5. would abuse the Services or the Sites.


In addition, by using the Sites or the Services you agree to comply with all laws, ordinances, rules, regulations, and requirements imposed by applicable governments and regulatory agencies regarding your use of the Services and the Sites. You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Services or the Sites.

16. Our Trademarks, Service Marks, and Trade Dress

You are not authorized to use our trademarks, service marks, or trade dress, and you agree not to display or use them in any manner without prior written consent of theRRD. This may be revoked, any time for any reason, at the sole discretion of theRRD.

17. Publicity

By using our system you acknowledges and agree that during and after usage, Company shall have the right to use your business name, logo, URL, web site screen captures, and description in Company's marketing, publicity, and promotional activities and materials, including, but not limited to, press releases, marketing collateral, and print, radio and television advertisements, without further consent or approval. The parties understand and agree, however, that nothing in this Agreement shall obligate Company to actually use your business name, statements or testimonials in connection with Company's marketing.

18. We will Cooperate with Law Enforcement Authorities and the Courts

We have no obligation to monitor your use of the Sites or the Services. You agree, however, that we retain the right to monitor your use of the Sites and the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation or governmental request, to operate the Sites and the Services properly, to ensure your compliance with these Terms and Conditions, and to protect us, our affiliates, the Providers, and the general public.

We reserve the right, and you hereby authorize us, to cooperate with law enforcement authorities, including but not limited to complying with warrants, court orders and subpoenas. We also reserve the right, and you hereby authorize us, to comply with any civil court orders and subpoenas. In addition, if we decide to investigate or resolve possible misuse by you involving the Sites or the Services, you authorize us to disclose to law enforcement or other government officials any information about you in our possession in connection with your use of the Sites or the Services.

We may take the actions described above without giving notice to you.

19. Important Information regarding CRA Repositories

You acknowledge and agree as follows:

  1. All of the data and information (the 'Data') is provided by Providers, who in turn obtain it, directly or indirectly, from governmental web sites and other non-government sources;
  2. It is possible that information accessed or obtained through the Sites may not reflect current residences, employment, school attendance, or other information regarding sexual offenders, and you agree that it is incumbent upon you to verify the accuracy of any Data provided to you and is not to be considered as a substitute for seeking advice of a professional, utilization of a professional leasing agent, or verification of the information contained within. You may do so by checking the applicable state governmental website. With regard to someone identified as a sexual offender, you agree that you will contact the responsible state agency and/or the local law enforcement agency where the offender resides, works, or attends school, as applicable, before accepting any such information as valid. If you believe that any portion of the Data is not accurate, you will communicate with the appropriate state agency;
  3. You will not use the Data or information contained in or accessed through this Website to threaten, intimidate, or harass any individual, and if you do, you acknowledge that you may be subject to criminal prosecution or civil liability under federal and/or state law;
  4. You acknowledge and agree that mistakes can and do occur in the Data and in the information gathered from governmental web sites;
  5. The Company provides no guaranty, warranty or representation as to the accuracy, timeliness, or completeness of the Data;
  6. The Providers may cease business operations, file bankruptcy, or cease providing Data to the Company at any time, over which the Company has no control, and for which you agree the Company has no responsibility; and
  7. The Company has no responsibility or liability for damages of any kind resulting from your use of the Data.

20. Important Information Regarding Metrics

The Pass/Review/Warning feature is powered by theRRD and can be customized by you.

Our metric tools are made available to you as self-help tools for your independent use. The Company does not represent or guarantee their accuracy or their applicability to your circumstances, or that they will indicate qualification of your tenants.

21. Important Information Regarding Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR PROVIDERS, THE CRA REPOSITORIES AND OUR PROVIDERS, AND THE CRA REPOSITORIES' OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DEMANDS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO (I) A VIOLATION BY YOU OF THESE TERMS AND CONDITIONS, OR (II) ANY ACTIVITY RELATED TO THE USE OR MISUSE OF THE SITES OR THE SERVICES BY YOU OR BY ANY OTHER PERSON ACCESSING THE SITES OR THE SERVICES USING YOUR ACCOUNT. WE AND OUR PROVIDERS RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY INDEMNIFIED MATTER AT YOUR EXPENSE AND DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

22. Important Information Regarding Disclaimer of Warranties and Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES AND MATERIALS (AND THE INFORMATION CONTAINED THEREIN) ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE'' BASIS. WE, OUR PROVIDERS AND THE CRA REPOSITORIES EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND INFORMATIONAL CONTENT. THE INFORMATION CONTAINED ON THE SITES OR VIA THE SERVICES, INCLUDING THE MATERIALS, DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. WE, OUR PROVIDERS AND THE CRA REPOSITORIES MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SITES, THE SERVICES (AND THE INFORMATION CONTAINED THEREIN OR TRANSMITTED THEREBY), OR THE MATERIALS ARE ACCURATE, ERROR FREE, COMPLETE OR VALID, (II) THE SERVICES OR THE MATERIALS WILL BE DELIVERED IN A TIMELY FASHION, (III) THE SERVICES OR MATERIALS WILL BE DELIVERED ON AN UNINTERRUPTED BASIS OR BE ERROR-FREE; AND (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE MATERIALS WILL BE RELIABLE. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS IS AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT WE, OUR PROVIDERS AND THE CRA REPOSITORIES WILL NOT BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MULTIPLIED, ADDITIONAL, STATUTORY, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SITES OR THE SERVICES, EVEN IF WE, OUR PROVIDERS OR THE CRA REPOSITORIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON THE COMPANY OR ANY PROVIDER OR ANY CRA REPOSITORY, THEN YOU AGREE THAT THE COMPANY'S OR THE APPLICABLE PROVIDER'S OR THE APPLICABLE CRA REPOSITORIES' TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM THE COMPANY'S, OR THE APPLICABLE PROVIDER'S, OR THE APPLICABLE CRA REPOSITORIES' ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE ONE MONTH PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE, OR U.S. $30.00, WHICHEVER IS LESS.

23. Applicable Law and Location of any Disputes.

These Terms and Conditions and all issues collateral thereto are governed by, and will be construed in accordance with, the laws of the State of Texas, U.S.A., without regard to its choice of law rules, and regardless of your actual place of residence. This Agreement is to be performed in Dallas, Dallas County, Texas, and any arbitration, suit, action or other legal proceeding arising out of or related to these Terms and Conditions, the Sites, the Materials, or the Services or any issues collateral thereto must be brought in Dallas, Texas. You expressly waive any objection which you may have to the venue of any such arbitration, suit, action or proceeding in Dallas, Texas, and waive any right that you may have to assert forum non conveniens in any such arbitration, suit, action or proceeding.

24. ARBITRATION

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US OR OUR PROVIDERS (INCLUDING OUR RESPECTIVE PARENT, AFFILIATED, SUBSIDIARY OR RELATED ENTITIES), INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION THAT WILL BE HELD IN DALLAS, TEXAS, PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY ANY COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA''). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

Except where expressly prohibited by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Services or related to these Terms and Conditions, must be filed within one year after such claim or cause of action arose or be forever barred.

25. Offers from Third Parties

While you are on the Sites, you may receive offers from third parties that are unrelated to the Company. You do not have to accept those offers to enroll in any of the Services or to accept the Services. However, if you do accept any third party offers, or visit any websites regarding such offers, you do so subject to the Terms and Conditions (sometimes also referred to as Terms of Use or Terms of Site) and the Privacy Policies of those sites. You acknowledge and agree that the Company has no control over, or responsibility or liability for, any offer, statement, or representation by, or any other matter connected or associated with, such third party offers or websites.

26. How we may contact you

We may communicate with and to you by email sent to the email address you provided that you entered on a Site. You agree that all such notices and other communications that we provide to you via email satisfy any legal requirement that such communications be in writing.

27. FCRA Disclosures

YOU UNDERSTAND THAT ALL USERS OF CONSUMER REPORTS MUST COMPLY WITH ALL APPLICATION REGULATIONS. INFORMATION ABOUT APPLICATION REGULATIONS CURRENTLY IN EFFECT CAN BE FOUND AT THE CONSUMER FINANCIAL PROTECTION BUREAU’S, www.consumerfinance.gov/learnmore .

Click here for a full text of your Obligations of Users Under the FCRA

Click here for a full text of your Summary of Rights under the FCRA

28. Miscellaneous Terms

These Terms and Conditions constitute the entire agreement between you and us relating to the Sites and the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Sites and the Services and any other subject matter covered by these Terms and Conditions. Our failure to exercise or enforce any right under or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect. You may not assign these Terms and Conditions or any of your rights or obligations under the Terms and Conditions. These Terms and Conditions may be assigned by us and will inure to the benefit of our successors, assigns, and licensees. The section titles and headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. All of the Company's Providers are third party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. All provisions in these Terms and Conditions that by their nature would survive termination or expiration of your access to the Sites or the Services subscription (including but not limited to those related to limits on our and our Providers' liability, your liability to us and our Providers, investigations, applicable law and venue, and our right to remove and discard your content from the Services) will survive such termination or expiration. In the event of cancelation, termination, or cessation for any reason of your membership in any of the Services, the introductory paragraph of this Agreement, sections 1-4, and 16-28 of these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.