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WILLLOUDEN.COM, Inc., WILL LOUDEN, LLC, et. al. – Terms of Service
(Page 5) |
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Last
Date Updated: Friday, March 07th, 2014 |
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21. Third Party Applications |
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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. |
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22. Export Control |
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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. |
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United States BANNED Nations – USA Restrictions on Commerce |
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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: |
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(A) into (or to a national or resident of) any country to which the
U.S. has embargoed goods, or |
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(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. |
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23. Rules for Message Boards,
Chat Rooms, and Other User-Supplied Material |
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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. |
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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. |
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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. |
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If a Posting originates from you and/or your account, you hereby agree
not to post any materials that: |
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(1) interfere with anyone else's use of the Service; |
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(2) are abusive, illegal, defamatory, libelous, indecent, obscene,
offensive, and/or threatening in any way; |
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(3) encourage anyone to break the law, any law; |
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(4) violate anyone's copyright, trademark and/or other property right; |
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(5) interfere with the privacy of any other user; |
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(6) contain a virus and/or any other harmful component; or |
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(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. |
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Message Boards Provided |
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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. |
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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. |
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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. |
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24. No Property Management Company Endorsement. |
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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. |
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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. |
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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. |
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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. |
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25. Miscellaneous |
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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. |
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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. |
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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. |
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Agreement Titles and Subtitles |
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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. |
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26. Governing Law |
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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. |
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27. Arbitration |
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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. |
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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). |
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28. Registration |
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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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