Terms Of Use
Landlord, Tenant, and General Users
Affordable Housing Network, LLC. ("www.GoSection8.com") Terms of Use
Tenant leads are provided by GoSection8.com, a private listing service, independently
of your local housing authority. For confidentiality reasons, your local Housing
Authority can not provide you with tenant information directly. This service is
not subsidized by any housing authority, HUD, or other government agency.
By visiting or using www.GoSection8.com ("Service") the user ("User")
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. If
the User does not want to be bound to these terms and conditions the User should
not access or use this Service. By accessing this Service, the user acknowledges
acceptance of these Terms and Conditions. If the User violates any of these Terms
and Conditions, Affordable Housing Network, LLC ("www.GoSection8.com")
reserves the right to seek all remedies available 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, the "Materials"), and the selection, arrangement
and display thereof, are the copyrighted works of www.GoSection8.com and/or its
vendors or suppliers. All Materials 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 Materials 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 are a potential or actual renter
- You make limited copies of any portions of material downloaded from the different
areas of the Service solely for your non-commercial use
- If you are a property owner, manager, or landlord and that the material is used
only for purposes of using the Service expressly offered by www.GoSection8.com.
- All PHAs ("Public Housing Authorities") will have unlimited 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 or any third party information provider to
the Service. You agree not to change or delete any proprietary notices from materials
downloaded from the Service.
2. Indemnification.
User agrees to 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) User's negligence or misconduct, or (iii) claims that User has infringed the
copyright, trademark, trade secret, patent, or other proprietary right of a third
party. 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.
Many Housing Authorities have the permission of www.GoSection8.com to reproduce
information given to www.GoSection8.com for their benefit. User agrees to hold www.GoSection8.com
and all housing authorities harmless, as per the indemnification clause above, for
any ill effects User may sustain resulting from their information, or information
relating to their listings, being viewed, used, or commented on by any other user
type including housing authorities.
3. Devices.
You agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper working
of the 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.
4. 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
and notices.
5. 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.
6. Prohibited Linking.
You hereby agree that you will not link and do not have permission to link from
any site that publishes, 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 user
include links within their listings. GoSection8.com Insiders may include links with
the prior consent of GoSection8.com.
7. General Disclaimer.
Although www.GoSection8.com has attempted to provide accurate information on the
Web site, www.GoSection8.com 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.
8. 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.
9. 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.
10. No Legal Advice
The Content contained on or made available through the Gosection8.com web site is
not intended to and does not constitute legal advice and no attorney-client relationship
is formed, not is anything submitted to this web site considered confidential. The
accuracy, completeness, adequacy or currency of the content is not warranted or
guaranteed. The use of the information of this web site is at your own risk.
11. 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) Provider
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.
12. 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. Provider will not be held responsible
for the illegality of or any error or inaccuracy in advertisers or sponsors' material.
13. 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 a single user.
Users are not permitted to removed content from the Gosection8 website without Gosection8
approval.
14. Registration
Certain sections of the Gosection8.com web site require that you register and obtain
passwords. If registration is required, you agree to provide Provider with accurate
and complete information. It is you responsibility to notify Provider of any changes
in information. Each registration is for a single user only., unless specifically
designated otherwise. Provider 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.
15. Errors and Corrections
Provider 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. Provider does not warrant or represent that the web site is accurate
and that the data provided is timely, or otherwise reliable. Provider 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 uniterrupted or
error-free.
16. 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 Renters
or Lessor actions, communications or transactions occurring after said date. It
is your responsibility to check terms and conditions of this Agreement at the time
of each use.
17. User's Code of Behavior.
User agrees not to post on the Web Site any content which:
- is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening,
- contains viruses or other contaminating or destructive features,
- violates the rights of others, including protections of copyright, trademark,
patent, trade secrets or any right of privacy or publicity, or
- otherwise violates any applicable law.
User will not post on this Web Site any links to any external Internet sites that
are obscene or pornographic. Any information that you provide to www.GoSection8.com
must be true, complete and accurate, must not represent you as someone else or falsely
identify any third party, and must not violate any law, statute, ordinance or regulation.
By subscribing to the www.GoSection8.com service, User agrees not to disclose any
assigned access code to others. User also agrees not to distribute the information
contained in www.GoSection8.com to any person or organization, by any means, printed,
electronic or other.
Subscription Based Services - Gold and Platinum Membership Services are accessed
through one or more paid subscriptions ("Subscription Based Services").
Gold memberships are billed monthly at $33.00 per month with the initial 3 month
minimum billed up front one time. You agree to pay GoSection8.com $99.00 for the
first 90 days of the subscription service and $33.00 monthly thereafter on a recurring
basis, and authorize GoSection8.com to process payment of such fees in the same
manner as you selected when you initiated the purchase until you cancel the subscription.
Platinum memberships are billed monthly at $39.00 per month with the initial 3 month
minimum billed up front one time. You agree to pay GoSection8.com $117.00 for the
first 90 days of the subscription service and $39.00 monthly thereafter on a recurring
basis, and authorize GoSection8.com to process payment of such fees in the same
manner as you selected when you initiated the purchase until you cancel the subscription.
Access to the GO8 Listing Multiplier™ is billed monthly at $39.00 per month for
basic members or $19.00 per month for premium members(Bronze, Gold or Platinum members)
billed one month in advance. You agree to pay GoSection8.com $39.00 per month ($19.00
per month for premium members) monthly on a recurring basis, and authorize GoSection8.com
to process payment of such fees in the same manner as you selected when you initiated
the purchase until you cancel the subscription and receive your cancellation confirmation
number/(CCN#).
How Do I Cancel My Membership?
You may cancel your subscription at any time by requesting a cancellation by email
at admin@gosection8.com. Your cancellation will become effective upon the conclusion
of the subscription period in effect when your cancellation request is processed
and are assigned a Cancellation Confirmation Number (CCN#) for accounting and tracking
purposes. You can also cancel by calling GoSection8.com toll free at 866.466.7328.
The $69.00 Bronze membership is a one time charge for 60 days access and is not
a subscription based service.
18. 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.
19. 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. 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.
20. Trademarks.
GS8 TruRent 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.
Government Users and Contractors
Affordable Housing Network, LLC ("www.GoSection8.com") Terms of Use for
Housing Authorities, Finance Authorities and other third parties contracting to
use Go Section 8 services
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. 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.
28. 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.
29. 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.
30. 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.