TERMS AND CONDITIONS OF USE AGREEMENT
THE PROPERTY OWNERS & MANAGERS ASSOCIATION OF EVANSVILLE (“POMA”) RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY AND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS THE LICENSEE’S RESPONSIBILITY TO CHECK THIS AGREEMENT, WHICH IS LINKED TO THE SITE’S MEMBER’S FORUM, PERIODICALLY FOR CHANGES. LICENSEE’S CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT MEANS THE LICENSEE HAS ACCEPTED AND AGREED TO ALL CHANGES
DEFINITIONS

(A) “Licensee” means the person or entity who is, along with POMA, a party to this Agreement.
(B) “Member’s Forum” means the forum on POMAEVV.com that provides the Licensee the ability to post, view, access and share information with other users of the Member’s Forum. Access to and use of the Member’s Forum is limited strictly to those Licensees who agree to the terms and conditions of use as provided in this Agreement.
(C) “Moderator” means the Site’s host and hired liason, True North Web Design, LLC. The Moderator will provide Licensee a username, or login ID, and password after written execution of this Agreement.
(D) “POMA” includes, but not by way of limitation, the Property Owners & Managers Association of Evansville, its officers, directors, employees, agents, attorneys and assigns.
(E) “Site” means the online Web Site, POMAEVV.com.

RECITALS
(A) Incorporation of Recitals. The following recitals are incorporated into this Agreement. They are to be construed as part of the Agreement as though they were set forth within the Agreement verbatim.
(B) Purpose of Agreement. POMA will provide a limited means by which its members can share and discuss issues unique to owning and managing rental properties. In return, Licensee promises to abide by the terms of this Agreement. By executing this Agreement, Licensee and POMA seek to avoid potential confusion, unnecessary expense, and needless delay in responding to any assertion of a claim or claims for damages of any kind arising out of Licensee’s use of the Member’s Forum, whether authorized by this Agreement or not.
(C) Authorized Agent. The signor declares he/she is the Licensee and/or is an authorized and/or actual agent of the Licensee capable of binding the Licensee to this Agreement.
(D) Inducement. Licensee declares it enters into this Agreement after giving due consideration to the obligations, duties, and declarations embodied herein. As such, Licensee declares it enters into this Agreement freely, voluntarily and with sufficient knowledge and understanding.
(E) Advice of Separate Counsel. Licensee warrants that it has had a reasonable opportunity to retain the advice of separate independent counsel of its own choosing in connection with the execution of this Agreement.
(F) Scope of Agreement. This Agreement is binding and enforceable against the Licensee, its agents, attorneys and assigns.
(G) Moderator Not a Party. The Moderator is not a party to this Agreement and nothing in this Agreement shall be construed to suggest the Moderator has contractual rights or responsibilities.
(H) Stipulation to a Court of Competent Jurisdiction. In the event that either party seeks remedy in a court of competent jurisdiction for the enforcement of this Agreement, the Parties agree to stipulate to said court that they agree to the terms of this Agreement.

ARTICLE 1.
LICENSEE’S RIGHTS

SECTION 1.1. Licensee’s Right to Post Content. By entereing into this Agreement, the Licensee is granted the limited right to view and post comments, upload photos, videos and other content; and to submit suggestions, ideas, comments, questions and other information on the Site’s Member’s Forum. This right is not absolute and is limited by law and where provided in this Agreement. It is the Licensee’s, and not POMA’s, sole responsibility to ensure any and all content it posts complies with this Agreement as well as applicable law.

SECTION 1.2. Licensee’s Rights to Privacy. POMA agrees not to sell or rent Licensee’s information to third-parties. POMA stores and processes Licensee’s information on computers located in the United States that are protected by physical as well as technological security measures. POMA uses third-parties to verify and certify users access the site with authorized username and password.

ARTICLE 2.
LICENSEE’S USE OF AND LIABILITY FOR POSTED CONTENT

SECTION 2.1. Licensee’s Waiver and Release of POMA for Use of Posted Content. Licensee acknowledges and agrees that POMA is not responsible for the the substance of any content posted in the Member’s Forum and that Licensee’s decision to use of any content posted in the Member’s Forum is made at Licensee’s own risk. LICENSEE AGREES TO RELEASE, WAIVE, DEFEND, INDEMNIFY, AND HOLD HARMLESS POMA (INCLUDING BUT NOT LIMITED TO POMA’S EMPLOYEES, AGENTS, OFFICERS, EMPLOYEES, ATTORNEYS, SUCCESSORS AND ASSIGNS) OF AND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION (INCLUDING BUT NOT LIMITED TO EXPENSES, REIMBURSEMENTS, ATTORNEY AND PARALEGAL FEES, COSTS, REPARATIONS, AND/OR JUDGMENTS OF EVERY KIND AND NATURE) ARISING OUT OF OR IN ANY WAY RELATED OR CONNNECTED WITH ANY CONTENT POSTED IN THE MEMBER’S FORUM AND WITH LICENSEE’S USE OF ANY CONTENT POSTED IN THE MEMBER’S FORUM. THIS RIGHT TO INDEMNITY APPLIES WHETHER OR NOT POMA IS ALLEGED TO BE OR HAS BEEN NEGLIGENT AND INCLUDES BOTH THE DEFENSE OF ANY CLAIM AND/OR CAUSE OF ACTION AND THE PROSECUTION OF A CLAIM AND/OR CAUSE OF ACTION FOR INDEMNITY.

SECTION 2.2. Licensee’s Liability for Third-Party Use of Posted Content; Indemnity. By posting content on the Member’s Forum, Licensee represents and warrants that it owns or otherwise controls all of the rights to the content that Licensee posts; that the content is accurate; and that use of the content Licensee supplies does not violate this Agreement. POMA is not responsible for any third party’s use of content posted by the Licensee. LICENSEE AGREES TO RELEASE, WAIVE, DEFEND, INDEMNIFY, AND HOLD HARMLESS POMA (INCLUDING BUT NOT LIMITED TO POMA’S EMPLOYEES, AGENTS, OFFICERS, EMPLOYEES, ATTORNEYS, SUCCESSORS AND ASSIGNS) OF AND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION (INCLUDING BUT NOT LIMITED TO EXPENSES, REIMBURSEMENTS, ATTORNEY AND PARALEGAL FEES, COSTS, REPARATIONS, AND/OR JUDGMENTS OF EVERY KIND AND NATURE) ARISING OUT OF OR IN ANY WAY RELATED OR CONNNECTED WITH ANY THIRD PARTY’S USE OF CONTENT POSTED BY THE LICENSEE IN THE MEMBER’S FORUM. THIS RIGHT TO INDEMNITY APPLIES WHETHER OR NOT POMA IS ALLEGED TO BE OR HAS BEEN NEGLIGENT AND INCLUDES BOTH THE DEFENSE OF A CLAIM AND/OR CAUSE OF ACTION AND THE PROSECUTION OF ANY CLAIM AND/OR CAUSE OF ACTION FOR INDEMNITY.

SECTION 2.3. Licensee’s Compliance with the Fair Credit Reporting Act. Licensee shall not make use of the Member’s Forum in contravention of the Fair Credit Reporting Act (“FRCA”), embodied at 15 U.S.C. § 1681 et seq, and as amended. Specifically, Licensee cannot use information posted on the Site as a substitute for the information properly obtained by an FRCA-approved credit reporting agency; and Licensee shall not use the Site to alleviate or otherwise satisfy its legal obligation to provide adverse action notices when required by the FRCA. This section shall not be construed to create a responsibility on the part of POMA or the Moderator to ensure compliance with the FRCA.

SECTION 2.4. Licensee’s Compliance with the Fair Housing Act. Licensee shall not make use of the Member’s Forum in contravention of the Fair Housing Act (“FHA”), embodied at 42 U.S.C. §3601 et seq, and as amended. Licensee cannot post information which reveals a prior tenant’s race, color, religion, sex, familial status, or national origin. This also means Licensee cannot use posted information as a basis for any decision affecting a tenant’s rental status, including but not limited to the terms, conditions, or privileges of renting, where posted information reveals that tenant’s race, color, religion, sex, familial status, or national origin. This section shall not be construed to create responsibility on the part of POMA or the Moderator to ensure compliance with the FHA.

SECTION 2.5. Policies and Procedures for Handling Third Party Complaints. Complaints by third parties will be handled in a specific manner as provided by this Agreement. POMA will make available upon request a Complaint Form (See Appendix 2.5, Page 8) which will require the complainant to identify the person or entity it believes posted or improperly relied on a post in the Member’s Forum. As an intermediary of information, POMA has no ability, right, duty or responsibility to act as a liason between complainants and Licensee. As such, POMA will provide the complainant with content posted about the complainant as well as contact information, including the mailing and electronic addresses, of the party or entity that submitted the post without discretion. Licensee agrees and understands that information responvie to a complaint could include the content of Licensee’s post as well as the mailing and electronic addresses of the Licensee who/that posted the content.

ARTICLE 3.
LIMITATIONS ON LICENSEE’S RIGHTS

SECTION 3.1. Licensee Has No Right to Rely on Posted Content. In no way shall the Licensee consider any content posted in the Member’s Forum of the Site to be verified, warranted, authenticated, certified or otherwise guaranteed by POMA or the Site’s users. Further, in no way does POMA endorse, condone, agree with or sponsor the content posted by the Site’s users. The Licensee assumes the risk of any and all damages, harms, costs - including attorneys fees, expenses, reimbursements, reparations and/or judgments resulting from its reliance on content posted in the Member’s Forum.

SECTION 3.2. Licensee’s Posts May Be Removed; Grounds for Removal. POMA reserves the right (but not the obligation) to edit, remove and/or redact posts from the Site as follows:
(a) POMA or the Moderator may (but is not required to) remove content it consideres to be obscene, lewd, lascivious, licentious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected;
(b) POMA or the Moderator may (but is not required to) remove content which it has reason to believe was posted by an unauthorized user, not licensed to post information as provided in this Agreement; and
(c) POMA or the Moderator may (but is not required to) remove content which reveals a tenant’s race, color, religion, sex, familial status, or national origin as prohibited by Section 2.4 of this Agreement.
In no way shall this section be construed to suggest POMA or its moderator regularly screen(s) or review(s) the Site. Licensee understands that POMA has no obligation to monitor any content posted by the Site’s users. In addition, POMA’s right to remove content at its sole discretion does not depend on how long it had been previously posted.

SECTION 3.3. POMA’s Rights to Licensee’s Posts. If Licensee posts content or otherwise submits material for publication on the Member’s Forum, and unless POMA indicates otherwise, Licensee grants POMA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content on the Member’s Forum of the Site.

SECTION 3.4. Licensee May Not Copy Posted Content. Licensee cannot copy, reproduce, republish, upload, repost, publicly display, encode, traslate, transmit or distribute content posted (other than its own) on the Member’s Forum of the Site to any other computer, server, Web site, or any other tangible medium of expression for publication or distribution or for any commercial enterprise without POMA’s express prior written consent. The purpose of this section is to ensure the privacy of other users’ posts. This section shall not be construed to mean POMA has proprietary rights in the content posted on the Member’s Forum.

SECTION 3.5. Licensee May Not Copy Site Content Without Express Written Consent. Unless expressly provided in this Agreement, no part of the Site (including no trademark, logo, photograph, artwork or computer code) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, traslated, transmitted or distributed to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise without POMA’s express prior written consent.

SECTION 3.6. POMA Does Not Guarantee Access or Use of the Site. Notwithstanding any other provision of this Agreement, POMA does not guarantee continuous or secure access to the Site, including the Member’s Forum, as operation of the Site may be interferred with by numerous factors outside POMA’s control.

SECTION 3.7. Licensee May Not Assign. This Agreement is personal, nonassignable and nontransferable by the Licensee.

SECTION 3.8. Licensee’s Responsiblility to Maintain Confidentiality of Account. Licensee agrees it is responsible for maintaining the confidentiality of the information it holds for its account, including its username and password. Licensee is responsible for any activity that occurs under its account as a result of Licensee’s failure to keep this information secure and confidential. Licensee agrees to notify POMA immediately of any unauthorized use of its account or password, or any other breach of security.

SECTION 3.9. No Unauthorized Access or Use of the Site. Upon execution of this Agreement, Licensee will be provided a username and password by the Site’s Moderator. The username and password may not be disclosed to any individual not similarly authorized to act on behalf of the Licensee. Disclosure of the username and password to persons not authorized to act on behalf of the Licensee constitutes unauthorized use of the Member’s Forum and is strictly prohibited by this Agreement.

ARTICLE 4.
POMA’S ABILITY TO ALTER AGREEMENT

SECTION 4.1. POMA’s Ability to Alter this Agreement. POMA reserves the right, at its sole discretion, to change, modify, add or remove portions of the Agreement. Licensee acknowledges and agrees that this Agreement is conspicuously posted on the Site; and Licensee’s continued use of the Site following the posting of changes to the Agreement means the Licensee has accepted and agreed to all changes regardless of when made.

ARTICLE 5.
DETERMINATION OF UNENFORCEABILITY

SECTION 5.1. Interpretation Required if Provision Determined Unenforceable. If the court selected by the parties pursuant to Article 6, Section 6.2 determines that any provision, part, or section of this Agreement is illegal, invalid or otherwise unenforceable, the Agreement is to be construed and interpreted as if that provision, part, or section never existed.

SECTION 5.2. Effect of Unenforceability of Provision. Determination that a provision, part, or section is illegal, invalid, or unenforceable does not effect the validity, interpretation and enforcement of the remaining parts of this Agreement.

ARTICLE 6.
GOVERNING LAW; FORUM

SECTION 6.1. Indiana Law Governs Agreement. If, at any time and regardless of the parties' domicile, a disagreement arises regarding the validity, interpretation or performance of this Agreement, the laws of Indiana will govern.

SECTION 6.2. Vanderburgh Circuit Court, Vanderburgh County Is the Required Forum. Licensee agrees that if, at any time and regardless of the parties’ domicile, a disagreement arises regarding the validity, interpretation or performance of this Agreement, Licensee will institute a legal action only in Vanderburgh Circuit Court, Vanderburgh County, Indiana. For any legal action instituted by Licensee regarding the validity, interpretation or performance of this Agreement which is pursued outside said county, court costs, attorney and paralegal fees and any other related expenses associated with transferring the cause to a Vanderburgh County Circuit Court, Vanderburgh County, Indiana shall be paid by Licensee to POMA.

SECTION 6.3. Construction Against the Drafter Does Not Apply. If, at any time a disagreement arises regarding the validity, interpretation or performance of this Agreement, Licensee agrees the Language of this Agreement and any law which may require the same to be construed against POMA as the alleged drafter does not apply.

ARTICLE 7.
TITLES & HEADINGS

SECTION 7.1. Titles and Headings in this Agreement. The titles and headings of the various articles, sections, and provisions in this Agreement are inserted for convenience only and are not intended to be utilized to interpret or construe the content the Agreement.

ARTICLE 8.
MERGER

SECTION 8.1. Merger. This Agreement embodies the entire understanding and agreement of the parties. No promises, warranties, covenants, undertakings, or representations, oral or otherwise, other than those expressly announced in this Agreement, are binding upon the parties.

SECTION 8.2. No Reliance on Extrinsic Evidence. Neither Party relies on statements made by another Party affecting his/her decision to enter into this Agreement.