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General Terms and Conditions of Use

Welcome to affordablehousingadvisors.com (the “Site”). The Site is a service of Affordable Housing Advisors, Inc. (“AHA” or “we”). Please read the following General Terms and Conditions of Use (“Terms”) carefully before using the Site.

These Terms contain the terms pursuant to which you may access the Site. Your use of any portion of the Site, registration with the Site, if applicable, and/or checking the item reflecting your acceptance of these Terms constitutes your binding acceptance of these Terms, including any modifications we may make to the Site. If you do not agree to all of the Terms, you are prohibited from using the Site.

If you will be using the Site or any services offered by AHA on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to you, that organization, and anyone associated with the organization.

AHA RESERVES THE RIGHT TO, AS DETERMINED IN ITS SOLE DISCRETION, CHANGE, MODIFY, AND/OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE OR LIABILITY AND SUCH MODIFICATION SHALL BECOME EFFECTIVE UPON POSTING ON THE SITE. YOUR USE OF THE SITE FOLLOWING ANY REVISIONS TO THE TERMS SHALL CONCLUSIVELY REFLECT YOUR ACCEPTANCE OF THE MODIFICATIONS.

1. Links to Third Party Web Sites and Links to the Site

1.1 Application of Terms. This Site may present links to third party web sites and/or may redirect you to third party web sites (“Third Party Sites”). The Terms apply only when you are on the Site. Different terms, conditions, and privacy policies will apply when you access or use Third Party Sites.

1.2 No Control or Liability. AHA may remove a link to a Third Party Site at any time. AHA is not responsible for Third Party Sites and does not control Third Party Sites, including, without limitation, the completeness, accuracy, efficiency, correctness, reliability, or veracity of such sites (including any modifications or access to such sites). By including a link to a Third Party Site in this Site, if any, AHA is not endorsing the Third Party Site, the content or services represented by such sites, or any party affiliated with the Third Party Site.

1.3 Links to the Site. While AHA generally welcomes links to the Site from other web sites, you agree that you will not, in any fashion, link to the Site or any portion of the Site without our prior written consent and, regarding links to the Site or any portion of the Site in place, that you will not include a link or immediately remove any link to the Site or any portion of the Site, as the case may be, upon AHA’s request.

2. Access to the Site and Use of Content; Intellectual Property; Restrictions

2.1 Access to the Site and Use of Content. The Site contains content, which includes, but is not limited to, all information, advertisements, listing information, text, messages, images, photos, illustrations, videos, designs, icons, files, trademarks, copyrighted material, specifications, literature, financial information, technical information, and other content or materials (the “Content”)(access to a portion of which may require that you register as a Registered User as described in Section 3). You may download and print a single copy of the Content solely to view information about the properties, products, and services offered by AHA, provided that you comply with the other Terms. Any downloaded Content or printed Content must include the copyright notice of the owner of such materials. You agree not to access or use the Site for any other purpose, including, without limitation, any commercial purpose or purpose that is prohibited by these Terms or that is unlawful. You agree to comply with all applicable U.S. and international laws, statutes, regulations, ordinances, contracts, and applicable licenses regarding your use of the Site.

2.2 Intellectual Property. Except as otherwise expressly provided in these Terms, all rights in and to the Site and Content are expressly reserved by AHA. The Content and the Site, including the selection and arrangement of the Content and the Site, are owned by (or licensed to) AHA and are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and, except as set forth in these Terms, you may not use or copy any part of the Content or the Site or the Content or Site in its entirety. AHA, the Site’s domain name and address, and all related logos are either trademarks or registered trademarks of AHA or its licensors, and, except as expressly provided in these Terms, may not be copied, imitated or used in whole or in part, without AHA’s prior written permission. Further, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AHA or its licensors and may not be copied, imitated or used, in whole or in part, without our prior written consent.

2.3 Termination of Access and Use. AHA may, determined in its sole discretion, suspend and/or terminate your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice, and for any reason or no reason. You agree that if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site until the suspension is removed as provided to by AHA in writing. You further agree that if your authorization to the Site is terminated, you will not thereafter access, or attempt to access, the Site.

2.4 Restrictions. Other than as set forth in Section 2.1, you may not and you agree that you will not:

  1. alter, modify, reproduce, copy, license, create derivative works, use on any other site, transfer or sell any information presented on the Site, including, but not limited to Content;
  2. access or attempt to access password protected (without becoming a Registered User), secure or non-public areas of the Site;
  3. use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site, except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site;
  4. use any AHA trademarks as metatags on other web sites;
  5. use the Site or permit others to use the Site to contact AHA or its sales associates for purposes other than assisting you with your real estate needs, such marketing products or obtaining services from AHA;
  6. use or permit others to use the Site to violate any applicable local, state, national or international law or regulation;
  7. display any part of the Site in frames (or any Content via frames or in-line links);
  8. use or access or attempt to use or access, any portion of the Site for which registration is required unless you are a Registered User with authorization to access that portion of the Site; i. use or permit others to use the Site in any manner that could damage disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or
  9. use or permit others to use the Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site.

3. Registration for Your Account; Privacy

3.1 Registration. The Site includes certain areas which contain Content that is only accessible to users of the Site if the users register to use those areas of the Site (“Registered Users”). Registering to use those areas of the Site requires a username and password that will be issued by AHA or chosen by you. Upon receiving a username and password, you will be issued an account to use the Site. In addition to the other rights of AHA under the Terms, AHA may terminate your account and your status as a Registered User for any reason (or no reason) with or without notice to you. You agree not to access the Site at any time after your account is terminated. You agree to protect your username, password, and any other account information by not disclosing such information to any other party and taking all steps necessary or appropriate to keep the information confidential. You may not authorize or otherwise allow any other party to access and/or use your username, password or account on your behalf and you will be responsible for all use by any party of your username, password, and account. You will notify AHA immediately of any unauthorized use of your username, password or account.

3.2 Privacy. Any information received from you on the Site is subject to our Privacy Policy. You agree that AHA may collect, use and share information received from you in accordance with the Privacy Policy.

4. Your Information.

Any information provided by you on the Site shall be accurate, true, current, and complete information and you shall update such information promptly after any change. You will not provide any information to the Site that may infringe a copyright or trademark, or any other intellectual property right, may violate the privacy rights of another individual or organization, or may violate any applicable law, regulation, rule or ordinance. You are responsible for your own information and you must ensure that you have all the rights and permissions needed to use that information in connection with your use of the services provided by AHA. AHA is not responsible for any actions you take with respect to your information, including sharing it publicly.

5. User Requirements

5.1 Legal Status. The Site and the services provided by AHA are only available to persons or organizations that can form legally binding contracts under applicable law. Without limited the foregoing, the Site and the services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to access and use the Site or the services. If you are accessing and using the Site or using the services on behalf of an organization, you represent and warrant you have the ability to bind such organization by your access and use of Site and use of the services.

5.2 Embargoes. You may only use the Site and services provided by AHA if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from using the Site or receiving the services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid services from AHA.

6. Changes and Update

AHA may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to services, and to account for new services or functionality. Any changes will be posted to the location at which those Terms appear. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require AHA to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any such changes, you should stop accessing and using the Site because, by continuing to use the Site, you indicate your agreement to be bound by the updated terms. When we change these Terms, the “Last Updated” date above will be changed to reflect the date of the most recent version. We encourage you to periodically review these Terms so as to stay abreast of any modifications.

7. Disclaimers; Limitations of Liability; Indemnification

7.1 Disclaimers. While it is in AHA’s interest to provide you with a great experience when using the Site and services through the Site, there are certain things AHA does not promise about them. We try to keep our online services available, but they may be unavailable from time-to-time for various reasons. We assume no liability or responsibility for any errors or omissions in respect of the Site, including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is updated and accurate. We do not represent that or warrant that any aspect of the Site will work property or will be continuously available. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND AHA MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESITMATES OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELENESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, ANDN/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AHA AND/OR ANY OF ITS AFFILIATED ENTITIES, CLIENTS, OR AGENTS HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE). WE, FURTHER, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND /OR NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTURE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT.

7.2 Disclaimer Specifically as to Property Listings. As to any advertisements, listings or other information comprising Content appearing on the Site related to real estate for sale, all information presented is obtained from sources deemed to be reliable, but is not guaranteed, including, but not limited to financial statements and information related to each such property. AHA. and/or any other affiliate or agent of AHA or its affiliate assumes no responsibility for any content asserted to be misleading or incorrectly listed information and does not make any representations or warranties, expressed or implied, as to the accuracy or completeness of the information or suitability of the property for your purposes. References to square footage or age are approximate. References to estimated property taxes are merely broker’s opinion and are not based on any investigation. Interested parties must verify all information, conduct independent due diligence, and bear all risk for any inaccuracies, including the amounts current property taxes and assessments, the status of abatements, the effect of a sale on such amounts and abatements, and the post-sale property tax facts. The information provided is presented for advertisement purposes only and is not an offer to sell, which may or may not be accepted. All properties are subject to prior sale or withdrawal and the advertisement of the availability of the property for sale is subject to errors, omissions, change of price, prior sale or withdrawal of the property from the market for sale.

7.3 Exclusion of Certain Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AHA AND ITS AFFILIATES, AND THEIR OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, OR LOST DATA, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES AND THESE TERMS, REGARDLESS OF HOW THE DAMAGES WERE CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERROS OR OMISSION IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PEROFRMANCE OF THE SITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE IFNORMATION OR SERVICES PROVIDED THORUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE), AND WHETHER BASED ON CONTRACT, WARRANTY, OR ANY STATUTORY DUTY, NEGLIGENCE OR OTHER TORT, PRINCIPLES OF INDEMNITY OF CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSES OR OTHERWISE, OR ANY OTHER LEGAL THEORY, EVEN IF AHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.4 Limitation of Liability. IN NO EVENT SHALL AHA AND ITS AFFILIATES, AND THEIR OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SITE AND SERVICES AND THESE TERMS BE LIABILE TO YOU FOR ANY LOSS, EXPENSE, OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PERFORMANCE OF THE SITE (INCLUDING ANY CONTENT) WHETHER BASED IN CONTRCT, TORT, GENGLIGENCE, STRICT LIABILITY OR OTHERWISE WILL BE LIMITED TO $5.00.

7.5 Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

7.6 Indemnification. You will indemnify and hold harmless AHA and its affiliates, and their respective owners, officers, managers, directors, employees, agents, suppliers, and licensors from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim regarding or in connection with your access or use of the Site, including, without limitation, the Content or any portion thereof, a breach of these Terms by you, or, if applicable, any user of your account, and/or any allegation, if true, would constitute a breach of any of these Terms by your or, if applicable, any user of your account. We will notify you in writing within thirty (30) days after we become aware of a claim, however, any failure or delay in providing such notice shall not jeopardize or impair AHA’s rights or your obligations under this Section.

7.7 Release. If you have a dispute with any person or entity arising from your use of the Site, you release AHA and its affiliates, and their respective owners, officers, managers, directors, employees, agents, suppliers, and licensors from all liability, damages, and claims (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code Section 1542 in any jurisdiction with respect to the release granted in this

Section. 8. Other Terms

8.1 Assignment. You may not assign these Terms without AHA’s prior written consent, which may be withheld in AHA’s sole discretion. AHA may assign these Terms at any time without notice to you.

8.2 Applicable Law; Arbitration; Venue. The Terms are governed by the laws of the State of Michigan, irrespective of its conflict of laws provisions. Unless prohibited by applicable law, except for a petition for injunctive relief, any controversy, claim, or dispute arising out of or relating to the Terms shall be settled by arbitration, before one (1) arbitrator, conducted in Oakland County, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. You and AHA shall agree on an arbitrator, and if we are unable to do so, the AAA shall appoint the arbitrator. The rules of evidence shall not strictly apply and the arbitrator shall have discretion as to the admission of evidence. You and AHA shall take any action reasonably necessary or appropriate to expedite the arbitration process and the arbitration shall be completed within ninety (90) days after arbitration is commenced. In the event the arbitrator determines that a party to the controversy, claim, or dispute subject to arbitration has failed to comply with the terms of this section, the arbitrator shall be authorized to award to the other party all reasonable costs and attorney fees incurred directly or indirectly relating to any delay caused by such noncompliance. The arbitrator shall also award reasonable attorneys fees and costs to the party whom the arbitrator determines has prevailed in the arbitration proceeding. Judgment may be entered on the arbitrator’s award in any court having jurisdiction, and the parties specifically consent to the jurisdiction of the Circuit Court of Oakland County, Michigan, or, if it has jurisdiction the United States District Court for the Eastern District of Michigan, Southern Division. If any such controversy, claim or dispute involves a claim for injunctive or other equitable relief, and suit, counterclaim or cross-claim for such relief is filed in a court of competent jurisdiction, the litigation shall be bifurcated to the extent feasible, to the end that all issues other than those required to be determined by the court on the petition for injunctive or equitable relief shall be determined by arbitration as required above. Any such action or proceeding shall be brought in the Circuit Court in Oakland County, Michigan, or, if I has jurisdiction, in the United States District Court for the Easter District of Michigan, Southern Division, unless otherwise required by law. The parties consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such suit, action, or proceeding and waive any objection to venue laid therein. IF PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND AGREE TO WAIVE THE PERSONAL SERVICE OF ANY PROCESS UPON THEM BY AGREEING THAT SERVICE MAY BE EFFECTED BY OVERNIGHT MAIL (USING A COMMERCIALLY RECOGNIZED SERVICE) WITH DELIVERY RECEIPT TO THE LAST ADDRESS PROVIDED BY YOU AND, AS TO AHA, THE ADDRESS THEN APPEARING ON THE AHA WEBSITE.

8.3 Entire Agreement. These Terms constitute the entire agreement between you and AHA, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

8.4 Independent Contractors. The relationship between you and AHA is that of independent contractors, and not legal partners, employees, or agents of each other. 8.5 No Waiver. AHA’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later. 8.6 Severability. If any provision of these Terms is determined to be unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect. 8.7 Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

8.5 No Waiver. AHA’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

8.6 Severability. If any provision of these Terms is determined to be unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

8.7 Third Party Beneficiaries. There are no third party beneficiaries to these Terms.