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WILLLOUDEN.COM, Inc., WILL LOUDEN, LLC, et. al. – Terms of Service (Page 5)

Last Date Updated: Friday, March 07th, 2014


21. Third Party Applications


Your access to and/or use of the Service may require your use of a media player and/or other application that is not provided by WCOM. Your use of such media player and/or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT WCOM IS NOT RESPONSIBLE AND/OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.


22. Export Control

Although the Service is accessible worldwide, not all products and/or services discussed and/or referenced in, and/or made available through, the Service are available to all persons and/or in all geographic locations and/or jurisdictions. In addition, restrictions may apply to use of products and/or services obtained in one jurisdiction in other jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. WCOM, its parent, subsidiary companies, affiliates, suppliers and agents, reserve the right to limit the availability of the Service and/or the provision of any product and/or service to any person, geographic area and/or jurisdiction we or they so desire, at any time and in our or their sole discretion.


United States BANNED Nations – USA Restrictions on Commerce


Material from the Service is further subject to United States export controls. No Material from the Service may be downloaded or otherwise exported or re-exported:

(A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or

 

(B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals and/or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, and/or a national and/or a resident of any such country or on any such list.



23. Rules for Message Boards, Chat Rooms, and Other User-Supplied Material

Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works and/or other information, messages, transmissions and/or material to us, the Service or others ("Post" or "Postings"). Postings do not reflect the views of WCOM, its parent and/or subsidiary companies, its affiliates and/or their respective officers, directors, employees and/or agents, and WCOM does not have any obligation to monitor, edit and/or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, WCOM should not be seen as endorsing any Post in any way. WCOM, its parent company, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any Posting that is in violation of this Agreement.

You acknowledge that anything you submit to the Service by way of any Posting is routed through WCOM's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards and/or chat, that information can be collected and used by people that you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms and/or message boards. As set forth in this Agreement, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.


If a Posting originates from you and/or your account, you hereby agree not to post any materials that:


(1) interfere with anyone else's use of the Service;


(2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, and/or threatening in any way;


(3) encourage anyone to break the law, any law;


(4) violate anyone's copyright, trademark and/or other property right;


(5) interfere with the privacy of any other user;


(6) contain a virus and/or any other harmful component; or


(7) contain false or misleading statements of fact or descriptions of the origin of the material and/or the communication. You agree to comply with any additional terms which are referred to on the Service or any sub-Internet system within the Service.



Message Boards Provided


The message boards provided on the Service are for the purpose of exchanging views and information about our Service which relate to your use of the Service. WCOM reserves the right to terminate the account and/or suspend the posting privileges of anyone who Posts materials for any reason whatsoever, in its sole discretion. You are prohibited from posting and/or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, and/or unlawful material and/or any material that constitutes and/or encourages conduct that would be considered a criminal offense and/or give rise to civil liability, and/or otherwise violate any law. Although WCOM may from time to time monitor and/or review bulletin boards, chat rooms, discussions, postings, transmissions, and the like on the Service, WCOM is under no obligation to do so and assumes absolutely no liability and/or responsibility arising from the contents of any such communications and/or for any defamation, error, inaccuracy, libel, obscenity, and/or profanity contained in any such communication.

WCOM may change, edit, and/or remove any user material and/or conversations that are illegal, indecent, obscene, and/or offensive, and/or that violate WCOM's policies in any way. Further, WCOM reserves the right to remove and/or edit content from any Forum at any time and for any reason although we have no duty to do so. WCOM will use its best efforts to fully cooperate with any law enforcement authorities and/or court order under competent jurisdiction requesting and/or directing WCOM to disclose the identity of anyone posting such materials.


Posting, unless otherwise stated, are for noncommercial purposes only and you may not Post in any manner which does and/or is intended to promote and/or generate revenue for any business enterprise and/or commercial activity.


24. No Property Management Company Endorsement.


If you intend to use the Service and/or receive or request any news, messages, alerts and/or other information from the Service concerning rental companies, best places to rent, lease and/or live and/or recommendations for property management competency; The Service is provided for informational purposes only.

You understand and hereby agree that the Service and WCOM do not recommend any property manager, property, property owner, property management company, leasing product, and/or housing contract, nor does any mention of a particular property manager, property management company, property, leasing product, and/or housing contract on the Service constitute a recommendation to buy, sell, hold and/or lease and/or otherwise do business with that respective property manager, property, property owner, property management company, leasing product, and/or housing contract.


You also understand and acknowledge that neither the Service nor WCOM provide tax, legal, financial, investment and/or housing and/or rental service advice. You hereby agree that any rental, leasing, buy, sell, legal, financial, tax, etc. decisions you make will be based solely on your evaluation of your personal circumstances, and living objectives, risk tolerance, financial condition, and/or housing needs.


WCOM shall not be responsible and/or liable for the accuracy, usefulness and/or availability of any information transmitted via the Service, and shall not be responsible and/or liable for any transactional decisions made based on such information. Any information provided on the Service may have been previously disseminated and does not reflect the opinions of WCOM, our parent company and/or our affiliates.



25. Miscellaneous

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by WCOM to provide the Service hereunder. You may not assign any of your rights, obligations and/or privileges hereunder without the prior, written consent of WCOM. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, and/or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and all other provisions shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and/or enforceability of any remaining provisions.

This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior and/or contemporaneous communications and proposals, whether oral and/or written, between the parties with respect to such subject matter. No waiver of any provision and/or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.


No waiver by either party of any breach and/or default hereunder shall be deemed a waiver of any subsequent breach and/or default. You agree not to reproduce, duplicate, copy, sell, resell, and/or exploit for any commercial purposes, any portion of the Service and/or access to the Service, unless expressively granted to you in a written Agreement by WCOM.



Agreement Titles and Subtitles


The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing and/or interpreting this Agreement. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of this Agreement, please contact us and tell us about it. We may and/or may not respond to your message and we reserve the right to take and/or refrain from taking any and/or all steps available to us once we receive any such message. You acknowledge that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with WCOM and/or licensors of WCOM and/or any of its affiliated entities as third party beneficiaries of this Agreement, and WCOM, its affiliated companies and/or its or their licensors will be entitled to enforce such provisions against you.



26. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the States of Arkansas, Florida, Texas, California, Nevada, and Wyoming in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You hereby agree that any disputes arising under and/or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in Miami, Florida, and you hereby waive any jurisdictional, venue, and/or inconvenient forum objections to such courts.


27. Arbitration


All disputes arising under and/or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement.


To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in Miami, Florida. The arbitrator's decision shall be based upon the laws of the State of Florida without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Miami, Florida shall have such jurisdiction. The foregoing shall not preclude WCOM from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).



28. Registration

When you register for any of our Services you will be asked to agree to this Agreement by clicking a box marked “I have read & accept the willlouden.com, Inc. Terms of Service & Privacy Policy”. Please note, if you are under EIGHTEEN (18) years old, you must have your parent or guardian review and agree to this Agreement on your behalf by clicking the same box.

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