This service is provided by Affordable Housing Network
(herein referred as Go Section 8 (Go 8) or
www.Gosection8.com) for Housing Authorities, Finance Authorities and other
parties (herein referred to as "Users" or "Licensees"), contracting or using Go
Section 8 services.
By utilizing or contracting for GoSection8.com services /data (herein referred to
as "Data" or "Services") the Users or Licensees ("Users") agrees to the following
terms and conditions (the "Terms and Conditions"). These Terms and Conditions apply
to all visitors and/or Users of this Service, whether entering into a separate signed
written agreement with Go Section 8 or otherwise utilizing this site and Go Section
8 services. If the Users does not want
to be bound to these terms and conditions the Users should not access or use this
Service. By accessing this Service, the Users acknowledges acceptance of these Terms
and Conditions. If the Users violates any of these Terms and Conditions, Affordable
Housing Network, LLC ("www.GoSection8.com") reserves the right to seek all remedies
available in this agreement and by law and in equity for such violations.
1. General Use, Copyright, Licenses.
All materials provided on this Web site, including but not limited to all text,
logos, designs, graphics, images, sounds, information, software, documents, products
and services (collectively referred to as "Data" or "Services"), and the selection,
arrangement and display thereof, are the copyrighted works of www.GoSection8.com
and/or its vendors or suppliers. All Data/Services herein and all www.GoSection8.com
software are proprietary to www.GoSection8.com and protected by worldwide copyright
and other intellectual property laws. Except as stated herein, none of the Data/Services
may be modified, copied, reproduced,
distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted
in any form or by any means, including but not limited to, electronic, mechanical,
photocopying, recording or other means, without the prior express written permission
of www.GoSection8.com. You may print and download portions of material from the
different areas of the Service solely for your own non-commercial use provided that:
- You have contracted or entered into a separate agreement
with Go Section 8
- The material is used only for purposes of using the
Service expressly offered by www.GoSection8.com. in a separate written signed agreement
- The PHAs ("Public Housing Authorities") will have been
granted limited use and rights to print or copy any portions of the web site ("Service")
for distribution to potential or actual renters. Any other copying, redistribution,
retransmission or publication of any downloaded material, is strictly prohibited
without the express written consent of www.GoSection8.com.
2. Confidentiality
User acknowledges Go SECTION 8 valuable rights in and
to the compilations of the data and the underlying data and services that those
compilations contain, including copyrights and other proprietary rights therein,
the related data sources, database structure, processing software, production systems,
documentation, and quality control methods as well as any other information provided
by GO section 8. User agrees to hold
in confidence the GO SECTION 8 confidential information, in whole or in part, except
in connection with those uses that are consistent with the work contracted for by
the user and as disclosed to the Users, the user’s employees, officers, directors
or agents who require such disclosure in the performance of their responsibilities
provided that such parties shall acknowledge the confidentiality restrictions contained
herein. User and Licensee further agree
that it will not disclose or otherwise make available to third parties the Go Section
8Go Section 8 confidential information.
User and Licensee agree that it will not, during the term of the Agreement and for
one year thereafter, disclose to any other person or entity any Confidential Information
received from Go Section 8. Notwithstanding
the provisions of this section, the parties may disclose Confidential Information
to their respective affiliates, accountants, attorneys, and other similar professional
advisors as long as the entity to which Confidential Information is disclosed is
subject to obligations of confidentiality with the same effect as those specified
in this Section.
3.
Indemnification.
Users agrees to release, indemnify and hold harmless www.GoSection8.com against
any claim, action, legal proceeding, damages, liability, settlements, expenses (including
attorneys' fees) and other costs relating to (i) breach of any of these terms by
any party; (ii) Users’ negligence or misconduct, or (iii) claims that Users has
infringed the copyright, trademark, trade secret, patent, or other proprietary right
of a third party. In the event of any claim, action or legal proceeding the user
shall promptly notify Go Section 8 of any such action.
Users understand that although information listed on www.GoSection8.com
is shared with local housing authorities nationwide that there is no affiliation
between www.GoSection8.com and any Housing Authority or other public or Governmental
organization and that Housing Authorities have the permission of www.GoSection8.com
to reproduce information given to www.GoSection8.com for their benefit. Users agrees
to hold www.GoSection8.com and all other housing
authorities harmless, as per the indemnification clause above, for any ill effects
Users may sustain resulting from their information, or information relating to their
listings, being viewed, used, or commented on by any other Users type including
housing authorities.
4. Devices.
You agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy Go Section 8 Web pages or the content contained herein
without Go section 8 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 www.GoSection8.com site or any listing, offer or transaction being
conducted on our site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
5.
No Unlawful or Prohibited Use.
As a condition of your use of this Web site, you warrant to www.GoSection8.com that
you will comply with all applicable laws, statutes, ordinances and regulations regarding
your use of our service and any related activities. In addition, you warrant that
you will not use this Web site in any way prohibited by these terms, conditions,
notices and the provisions of any separate contract enter into with Go Section 8.
6. Links to Third-Party Web Sites.
This Web site may contain links to Web sites operated by parties other than www.GoSection8.com.
Such hyperlinks are provided for reference only. GoSection8.com does not control
such Web sites and is not responsible for their contents. www.GoSection8.com's inclusion
of hyperlinks to such Web sites does not imply any endorsement of the material on
such Web sites or any association with their operators. If you decide to access
any of the third party sites linked to this Web site, you do so entirely at your
own risk.
7. Prohibited Linking.
You hereby agree that you will not link and do not have permission to link from
any site without the written permission of Go Section 8.
Sites specifically prohibited are sites that publish, promotes or distributes
unlawful, defamatory, pornographic or obscene materials, promotes violence, or promotes
discrimination based on race, sex, religion, nationality, disability, sexual orientation,
or age, promotes illegal activities, or in any manner includes any of our trademarks
or service marks or variations or misspellings thereof in its domain name (if any),
or otherwise violates the intellectual property rights of any third party. At no
time may a free Users include links within their listings. Parties working with
Go Section 8 may include links with the prior consent of GoSection8.com.
8. Disclaimer
of Warranties
The information and services provided by Go Section
8 will be as current and complete as may be reasonably achieved using the everchanging
source data, compilation and data processing methods normally employed by Go Section
8 in the ordinary course of its business. The output information and the medium
on which it is provided to user and licensee are provided on an "AS IS", as available
basis, and Go Section 8 expressly disclaims all warranties, express or implied,
with respect to the output information and the medium on which they are provided
to User/Licensee, including, without limitation, warranties of merchantability and
fitness for a particular purpose. The
ultimate verification, accuracy and the utilization of the data provided by Go Section
8 is the responsibility of the User/Licensee and not Go Section 8. No oral or written
information or advice given by Go Section 8 or any of its employees or representatives
shall create a warranty.
9. General Disclaimer.
Although www.GoSection8.com has attempted to provide accurate information on the
Web site, GoSection8 assumes no responsibility for the accuracy of the information.
All information provided on this Web site is provided "as is" with all faults without
warranty of any kind, either express or implied. www.GoSection8.com hereby disclaims
all warranties, express or implied, including, without limitation, those of merchantability,
fitness for a particular purpose, title and non-infringement or arising from a course
of dealing, usage or trade practice, except to the extent such disclaimers are held
to be legally invalid.
10. Limitation on Liability.
Under no circumstances, including but not limited to negligence shall Gosection8
or any of its directors, employees, agents, vendors or suppliers be liable for any
direct, indirect, special, punitive, consequential or incidental damages including,
without limitation, lost profits or revenues, costs of replacement Goods, loss or
damage to data arising out of the use or inability to use this Web site or any www.GoSection8.com
product, or damages from the use of or reliance on the information present on this
Web site, even if www.GoSection8.com has been advised of the possibility of such
damages. In the event Go Section 8
is found liable for damages relating to the use of the services offered, GO SECTION
8’s total liability is limited to and shall not exceed the price contracted for
and paid by the Users/Licensees for these services and data.
11. Modification of the Web Site.
www.GoSection8.com (and/or its suppliers) reserves the right in its sole discretion
to improve, modify or remove any information or content appearing on the Web site.
www.GoSection8.com may discontinue or revise any or all aspects of the Web site
in its sole discretion and without prior notice.
12. Disclaimer of Fiduciary Relationship
The Content contained on or made available through the Gosection8.com web site is
not intended to and does not constitute establishing a fiduciary relationship between
Go Section 8 and the Licensee/User, nor is anything submitted to this web site considered
confidential. The accuracy, completeness, adequacy or currency of the content is
not warranted or guaranteed. The User or Licensees acknowledges and agree the utilization
and use of the information of this web site is at the Users/Licensees own risk.
13. License of Content
By uploading content to or submitting materials for use on the Gosection8.com website
you grant (or warrant that the owner of such rights has expressly granted) GO Section
8 a perpetual royalty free, irrevocable, non-exclusive right, license to use, reproduce,
modify, adapt, publish, translate, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or technology now
known or later developed throughout the universe.
14. Advertisers/Sponsors
This web site may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion in the website
is accurate and applies with applicable law. GO Section 8 will not be held responsible
for the illegality of or any error or inaccuracy in advertisers or sponsors' material.
15. Non-Transferability
Your right to use this web-site is not transferable. Any password or right given
to you to obtain information is not transferable and intended for the contracting
Users/Licensees sole use. Users are not permitted to removed content from the Gosection8
website without Gosection8 approval.
16. Registration
Certain sections of the Gosection8.com web site require that you register and obtain
passwords. If registration is required, you agree to provide GO Section 8 with accurate
and complete information. It is you responsibility to notify GO Section 8 of any
changes in information. Each registration is for a single Users only, unless specifically
designated otherwise. Unless authorized GO Section 8 does not permit (1) any other
person using the registered sections under your name; or (2) access through a single
name being made available to multiple Users on a network. You are responsible for
preventing such unauthorized use. If there has been an authorized use, you must
notify Gosection8.com immediately.
17. Errors and Corrections
GO Section 8 does not represent or warrant that the Gosection8.com website will
be error free, free of viruses or other harmful components or that defects can and
will be corrected. GO Section 8 does not warrant or represent that the web site
is accurate and that the data provided is timely, or otherwise reliable. GO Section
8 may make improvements, changes to its features, functionality or content at anytime.
Gosection8.com does not warrant that the functions contained in the content will
be uninterrupted or error-free.
18. Modification of These Terms of Use.
www.GoSection8.com reserves the right to change the terms, conditions, and notices
under which this Web site is offered at any time. Modification of this contract
will be deemed effective upon publication on the Web site with respect to any User
or Licensee actions, communications or transactions occurring after said date. It
is the User’s responsibility to check terms and conditions of this Agreement at
the time of each use.
19. Definitions
of Go Section 8 Services
The "Go
Section 8 Services" means the application GoSection8.com accessed through the Internet as a web service, the documentation
information and any other materials covered by this License, whether
accessed over the Internet, provided on disk, in read only memory, on any
other media or through any other form or means (collectively
referred as "GO section 8 service")
are licensed, not sold to Licensees by GO section 8 for use only under the terms
of this License, and GO section 8 reserves all rights not expressly granted to Licensees. Nothing in this Agreement or other separate
agreements will be deemed to grant User or Licensees any proprietary rights in the
computer program (s) or in any other work embodied in the GO section 8 service or
related materials that the Go Section 8 will make accessible by the Licensees/User.
20. Relationship
of Parties
Nothing stated in this License will be construed as
creating the relationships of joint ventures, partners, employer and employee, franchiser
and franchisee, or principal and agent Between Go Section 8 and the Users/Licensees
of these services.
21. Termination
of Services
Notwithstanding anything herein or anything provided
in a separate written agreement between Go Section 8 and the Users/Licensees to
the contrary, Go Section 8 may discontinue providing data and services in whole
or in part without being in breach of any agreement for any geographic county or
jurisdiction in the event such discontinued data becomes unavailable to Go Section
8 or if the source which provided the data to Go Section 8 for any reason or for
no reason at all, prohibits or prevents Go Section 8 from obtaining or providing
such data.
22.
Consent to Use of Data
Licensees agrees that Go Section 8 and its affiliates
may collect and use technical information Licensees provides as a part of support
services related to the Service Solution.
23. Service
Solution Availability
GO SECTION 8 strives to keep the Service Solution available
24 hours a day, 7 days a week. GO SECTION
8 will conspicuously post a notice for any scheduled maintenance which may require
the unavailability of the Service Solution 24 hours prior to the scheduled outage
and maintenance. By agreeing to the
terms within this agreement, Licensees agrees that any outages, scheduled or unscheduled,
due to maintenance, emergency maintenance, Customer or End Users caused outages
or support delays, or any condition will not be remunerated in any way.
24. Early Termination
and Protection of Go Section 8 Data and Services
It is agreed by the Users/Licensees contracting with
Go Section 8 if there is a material change in the management of the Housing Authority,
Finance Authorities or parties contracting with Go Section 8 which results in the
management or control of these entities being assumed or advised by firms which
are deemed to be competitors or competitors affiliates by Go Section 8, then Go
Section 8 reserves the right upon providing a 30 days notice to terminate and discontinue
providing the data and services contracted for in this agreement or any other separate
agreement without incurring any liability in discontinuing these services and data.
25. Notices
Any notice, consent, demand or request required or
permitted by this agreement shall be in writing, and shall be deemed to have been
sufficiently given when personally delivered or deposited in the United States mail,
postage prepaid, addressed as to the parties at the addresses provided in the agreement
signed by the parties.
Notices addressed as above provided shall be deemed
delivered three (3) business days after mailed by mail U.S. mail or when delivered
in person with written acknowledgement of the receipt thereof.
Parties may designate a different address or addresses for notices to be
sent by giving written notice of such change of address to all other parties entitled
to receive notice.
26. Resolving Disputes
If a dispute arises under
this Agreement, the parties agree to try to resolve the dispute with the help of
a mutually agreed-upon mediator. Any
costs incurred by such mediation will be borne equally by the parties. If it is
not possible to arrive at a mutually satisfactory solution through mediation, the
parties agree to submit the dispute to a mutually agreed upon arbitrator.
Judgement upon the award rendered by the arbitration may be entered in by
any applicable court having jurisdiction over the parties.
Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
27. Proprietary Rights; Data Delivery to Non-Party or Third Parties.
The GoSection8.com website, including GoSection8.com’s content, services, and technology (the "Site"), contains statistical compilations of information, data, and text (collectively, “Documentation") that are protected by copyrights, trademarks, trade secrets or other proprietary rights. Title to the Site and Documentation, including ownership rights to patents, copyrights, trademarks and trade secrets therein, shall be the exclusive property of GoSection8.com.
Nothing contained herein is intended to convey any such intellectual property rights to authorized users of the Site. As set forth in these Terms of Use, authorized users of the Site have a limited license to use the Documentation for their internal purposes only, and such authorized users of the Site agree not to distribute or otherwise disseminate the Documentation to any third party person or organization, by any means, printed, electronic or otherwise, without having obtained the prior written approval of GoSection8.com.
Should any person or organization not authorized to access the Site seek to obtain any portion of the Documentation, GoSection8.com will only disclose the requested Documentation upon issuance of a binding, non-appealable court order requiring GoSection8.com to make such disclosure. In furtherance of such court order, GoSection8.com will require that before the recipient is provided with the specific Documentation contained in the court order, the recipient shall execute GoSection8.com’s standard confidentiality agreement and, in addition, acknowledge compliance with all provisions of these Terms of Use.
28. Severability.
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect.
29.
General.
This agreement is Governed by the laws of the State
of
Florida
, without regard to its conflicts of laws principles. You hereby consent to the
exclusive jurisdiction and venue of courts in
Palm Beach County, Florida
, in all disputes arising out of or relating to the use of this Web site and the
services provided by Go Section 8. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph.
30. Trademarks.
GO Section 8 and other names, logos and icons identifying
GoSection8.com and/or its products and services referenced herein are trademarks
or registered trademarks of Affordable Housing Network or
www.GoSection8.com.
31. General
Provisions
Should any term or provision hereof be deemed invalid,
void or unenforceable either its entirety or in particular application, the remainder
of this License shall nonetheless remain in full force and effect. In the event
of a conflict between the provisions of this Terms of Use Agreement and any other
separate agreement enter into by the parties it is agreed by the Users/Licensees
contracting with Go Section 8 that the provisions of this Terms and Use Agreement
shall prevail unless there is a specific waiver (label as "waiver of conflicting
terms and conditions") of the conflicting provisions in that separate agreement
specifically addressing the conflict and providing for its waiver. Any term of this
License may be amended and the observance of any term may be waived only with the
written consent of Go Section 8. The
failure of Go section 8 at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same unless
the same is waived in writing.