Welcome to SECTION 8 PROS, LLC! We are excited to provide an interactive platform designed to promote communication and to share information about the acquisition, approval and management of certain low-income rental properties. We have a few rules you need to follow, so it’s important for you to read the Terms of Service very carefully.
Although the language in the Terms of Service is simple, the intentions are serious. This contract is a binding legal document between Section 8 Pros, LLC, and its affiliates (hereinafter, “SECTION 8 PROS”), and you governing the use of our websites, our digital educational products, and our services.
SECTION 8 PROS provides its website, its digital informational educational products, and services (collectively, the “Services”) to you under the Terms of Service and corresponding Privacy Policy. By accessing, registering for, subscribing, or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.
You are only allowed to use our Services if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these documents, you must not access our websites or use our Services.
Our Services require that all users are old enough to form a binding, legal contract with SECTION 8 PROS (usually, this age is 18 years old). SECTION 8 PROS does not permit children under 18 years of age to create user accounts or subscribe to our Services.
In addition to the terms and conditions listed on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy not only lists general information practices, but it also lists the data collection practices. Please make sure you read our Privacy Policy in addition to this document. Our Privacy Policy can be found at www.Section8formula.com
SECTION 8 PROS reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
By accessing our websites and using our Services, you acknowledge and agree that SECTION 8 PROS may keep record of activities or any content in connection with the Services. SECTION 8 PROS may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; enforce these Terms of Service; respond to claims that the activities in connection with the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of SECTION 8 PROS, Service users, or the public.
These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all our users. Our Services may be hosted on or contain links to third party websites and services that are not owned or controlled by SECTION 8 PROS (including, but not limited to, communication platforms and web-based video streaming platforms,) and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third-party websites or services. By using the SECTION 8 PROS website and Services, you specifically release SECTION 8 PROS from any and all liability arising from your use of any third-party website, third-party services, or interaction with any third-party.
SECTION 8 PROS reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Privacy Policy. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.
This Agreement lists rules and guidelines for using our Services. By accessing, registering for or using the Services, you agree to be bound by the following rules:
SECTION 8 PROS gives users the unique opportunity to purchase access to and view informational videos and other educational materials related to the acquisition, ownership, leasing, and/or maintenance of real property in accordance with the Housing Act of 1937 and working with voucher recipients pursuant to The United States Department of Housing and Urban Development’s Housing Choice Voucher Program. Users may interact with one another and SECTION 8 PROS through user-generated User Posts on the SECTION 8 PROS Services. “User Posts” refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials— whether publicly posted or privately transmitted on the SECTION 8 PROS Services or third-party websites typically used by SECTION 8 Pros to deliver its Services.
If you choose to post User Posts on the SECTION 8 PROS Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with SECTION 8 PROS. By using the Services and submitting User Posts, you understand that the User Posts are subject to the SECTION 8 PROS Privacy Policy.
By using SECTION 8 PROS and participating in the SECTION 8 PROS Services, you agree that your User Posts will not contain anything that is or could appear to be:
SECTION 8 PROS takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that SECTION 8 PROS deems, in its sole discretion, to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that SECTION 8 PROS will pursue civil remedies without providing advance notice.
Any User Posts that are either posted publicly or privately on the SECTION 8 PROS Services is the sole responsibility of the user who posted it. Your access to the SECTION 8 PROS Services and User Posts is AT YOUR OWN RISK. SECTION 8 PROS cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
SECTION 8 PROS may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. SECTION 8 PROS has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on SECTION 8 PROS Services. You are solely responsible for how you view and interpret User Posts on the SECTION 8 PROS Services.
While SECTION 8 PROS is a closed, informational environment, SECTION 8 PROS cannot guarantee the identity of any users with whom you interact on our Services. SECTION 8 PROS also cannot guarantee which users gain access to the Services. Your use of the SECTION 8 PROS service is AS IS and AT YOUR OWN RISK.
SECTION 8 PROS expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES, YOU UNDERSTAND AND AGREE THAT SECTION 8 PROS RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON OUR SERVICES IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”
SECTION 8 PROS reserves the right to modify or remove User Posts in it sole discretion and without prior notice. SECTION 8 PROS also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
SECTION 8 PROS respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
By using the Services, you agree to respect SECTION 8 PROS and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
The content provided in the Services, except all User Posts, is owned by or is licensed to SECTION 8 PROS. This includes, but is not limited to the text, graphics, photos, videos, sound recordings and interactive features created by and for SECTION 8 PROS (collectively, “SECTION 8 PROS Content”). This also includes trademarks, service marks, and logos contained in our Services (“SECTION 8 PROS Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the SECTION 8 PROS Content or Marks.
The SECTION 8 PROS Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. SECTION 8 PROS Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed, modified or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of SECTION 8 PROS Content obtained through the Services for any commercial purpose, whether or not for a fee.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide SECTION 8 PROS’s Copyright Agent with the following information:
Our Designated Copyright Agent to receive notifications of claimed infringement is:
Kelly Toms
P.O. Box 374
Wrightsville Beach, NC 28480
ktoms@tomslawfirm.comSECTION 8 PROS does not own any data, information, or material that you submit to the Services (“User Data”). You, not SECTION 8 PROS, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. SECTION 8 PROS cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
When you sign up for a Subscriber Account or register for Services with SECTION 8 PROS, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect for Subscriber Accounts, please visit our Privacy Policy (found HERE).
If your information changes, it is your responsibility to update your account to reflect these changes. If SECTION 8 PROS feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, SECTION 8 PROS may suspend or terminate your account.
By using our Services, you understand and agree that SECTION 8 PROS, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, your access to the Services, or suspend or block your access to the Services.
In the event that termination occurs, SECTION 8 PROS retains the ability to exploit the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts (as specified in our “USE OF SERVICES” section of these Terms of Use).
SECTION 8 PROS reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If SECTION 8 PROS suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services. NO REFUND of any ticket price, subscription amount, account fee, or any other sum you have paid Section 8 Pros for access to our Services shall be provided in the event your account is terminated by either Section 8 Pros or you.
By using SECTION 8 PROS products and services, you agree to the following terms and conditions related to payment:
You acknowledge that any charges incurred for services and products are your responsibility. You agree not to initiate any chargebacks or disputes against SECTION 8 PROS for any payments made for services and products. If you have concerns or issues regarding a payment made, you shall contact Jonah@tomcruz.com within 5 days of the transaction to resolve the matter.
SECTION 8 PROS represents and warrants that in performing the Services provided in this Agreement that:
By registering for and using our Services:
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless SECTION 8 PROS, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SECTION 8 PROS, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SECTION 8 PROS SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SECTION 8 PROS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SECTION 8 PROS SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO SECTION 8 PROS DURING THE PRIOR THREE MONTHS IN QUESTION.
THE SECTION 8 PROS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SECTION 8 PROS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECTION 8 PROS SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SECTION 8 PROS DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF SECTION 8 PROS SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SECTION 8 PROS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third-party beneficiaries to the Terms of Service.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and SECTION 8 PROS by this Agreement.
You agree that SECTION 8 PROS may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on SECTION 8 PROS Services.
The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and SECTION 8 PROS and govern your use of the Services, superseding any prior agreements between you and SECTION 8 PROS for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting SECTION 8 PROS’s liability will survive the expiration or termination of this Agreement.
The Terms of Service and the relationship between you and SECTION 8 PROS are governed by the laws of the State of Florida. You and SECTION 8 PROS agree to submit to the personal, sole, and exclusive jurisdiction of the courts located within Miami-Dade County, Florida.
Our Services and the servers that make the SECTION 8 PROS website available may not be located in the country where you live and are governed by U.S. Law. By using the SECTION 8 PROS services, you agree to the transfer, collection, processing and use of data by SECTION 8 PROS.
SECTION 8 PROS may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. SECTION 8 PROS may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If SECTION 8 PROS does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by SECTION 8 PROS in writing.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SECTION 8 PROS Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding SECTION 8 PROS, this Agreement, our Privacy Policy, or any other additional information, please email us at: jonah@tomcruz.com