Falaya – Terms of Use

Welcome to falaya.com’s (“ULD”) online services, which include the falaya.com website and the Falaya mobile app (collectively referred to as the “Websites”). The following terms and conditions shall govern your usage of the Websites (hereinafter referred to as the “Agreement”).

This Agreement is between you as the user of the Websites and ULD. Please read the Agreement carefully before using the Websites. By accessing the Websites, you agree to be legally bound by the Agreement. If you do not agree to the terms of the Agreement, you may not access or use the Websites.

ULD reserves the right to modify the Agreement at any time with or without notice to you. You should check this Agreement periodically for changes. By using this Websites after ULD posts any changes to the Agreement, you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept the Agreement at any time, please do not use the Websites. If you are an authorized user of the ULD software, you will also be required to read and accept an end user license agreement governing the terms of that website.

Description of Services

ULD grants you a limited, revocable, and non-exclusive license to use the Websites for the duration of your viewing session. The Websites provide real estate listing information and the contact information of real estate professionals, in addition to other real estate related information.

Please be advised that ULD does not: (A) represent individuals or entities in the purchasing, selling, or leasing, or otherwise acquiring or disposing of real estate; (B) make, solicit, negotiate on behalf of or assist individuals or entities in obtaining loans to purchase real estate; (C) provide real estate appraisals of real estate or assist in the processes related thereto; or (D) provide legal representation or advice in connection with real estate transactions. Individuals or entities seeking these types of services should consult with an appropriate professional.

Third Party Links

This Agreement applies only to the Websites and not to websites run by other companies, organizations, associations, or individuals, including those to which the Websites may provide links. ULD is not in control of said websites, and ULD is not responsible for the availability or accessibility of any other website that may have a link on the Websites. ULD is not responsible for the advertising, content, products, or other information available through third party websites. You agree to indemnify and hold ULD and its subsidiaries, affiliates, officers, agents, directors, employees and other partners and vendors harmless from any claim, action, demand, loss, costs, expenses (including reasonable attorneys’ fees), judgments (including settlements), made by any third party due to or arising out of your use of the Websites, your connection to the Websites, or your violation of any rights of another, or any negligent acts or errors or omissions of you or your agents or contractors. You acknowledge and agree that ULD will not be liable, directly or indirectly, for any losses or damages that are caused or alleged to have been caused in connection with your use of the third party websites.

Restriction on Use

Certain information on the Websites is protected by United States Copyright Law, including but not limited to, photos, videos, audio, certain text, and statistics. You acknowledge and agree that you will not modify, reproduce, redistribute, duplicate, publish, copy, retransmit, exploit, broadcast, license, sell or instruct anyone else to do the same with any such information or content on the Websites. You further agree that you will not create derivative works from the Websites.

You are not permitted to create frames around the Websites or otherwise alter the visual presentation of the Websites. You are not permitted to use the Websites in a manner in which you may imply that ULD is endorsing you, your products or services, or the content of your website.

No Liability for Information and Content

ULD does not control the information posted on the Websites. Accordingly, ULD assumes no responsibility for and does not warrant or guarantee the completeness, accuracy, integrity, quality, or reliability of any of the content or information viewable in the Websites. Under no circumstances will ULD be liable in any way for any content, including, but not limited to: errors or omissions in any information or content; and/or loss or damage of any kind incurred by you as a result of the use of any information or content posted, emailed, transmitted, or otherwise made available via the Websites.

Proprietary Rights

All rights, title and interest in the Websites, including the Copyright ownership and trademarks, shall at all times remain vested in ULD, ULD’s members, and/or ULD’s licensors. ULD shall have the right to license the Copyright and/or the compilations thereof to any entity. You acknowledge and agree that the trademarks of ULD, the Websites, and the content and look and feel of the Websites are proprietary, original works of authorship of ULD, or licensed to ULd, protected under United States copyright, trademark, and trade secret laws of general applicability. Without the prior written consent of ULD, your modification of the content, use of the content on any other website, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks, or other intellectual property rights of ULD or its licensors, and is prohibited.

Screen Scraping Activities Prohibited

You are prohibited from directly or indirectly using any data, information, content extraction tool, or any other manual, computerized or automated mechanism, to access, compile, or otherwise download or extract any content or information from these Websites or any of Falaya’s services, unless expressly authorized in writing by ULD to do so. This prohibition includes use of any data mining tools, spiders, robots, screen scrapers, or similar tools and technologies.

Disclaimer

You agree, acknowledge, and understand that the Websites and the information available through the Websites are provided “AS IS” and “AS AVAILABLE.” ULD does not warrant that the Websites will be uninterrupted or error-free, and ULD makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available on or through the Websites. ULD expressly disclaims any and all warranties with respect to the Websites and the information available through the Websites, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Mortgage Calculation Tool

The Websites may provide a mortgage calculation tool. You agree that use of this mortgage calculation tool is for demonstration purposes only, and the tool should not be relied upon for actual mortgage calculations. Interest rates that may be displayed may be different from the actual interest rates. ULD does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of this mortgage calculation tool. You are responsible for confirming the sufficiency and reliability of any information related to mortgage calculations.

Email Policy

ULD prohibits the use of the Websites to transmit, distribute, or deliver any unsolicited bulk or commercial email (i.e. “Spam”). You may not use the Websites to send Spam to any person or entity. You are responsible for complying with all laws applicable to any communications that you send or authorize, including complying with the CAN-SPAM Act of 2003.

You may not utilize the Websites to misrepresent the sender or the source of the communication, to impersonate any person, or to provide false, misleading, harassing, threatening, or harmful content. You agree not to bully, intimidate, or harass any user of the Websites. You agree not to post or upload any content that is hateful, libelous, defamatory, obscene, pornographic, or inappropriate, the likes of which shall be determined by the sole judgment of ULD.

ULD reserves the right to take any appropriate legal action and to implement technical remedies to enforce this policy or respond to violations. Violations of this section may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. ULD may immediately investigate and terminate your license to use the Websites if, in ULD’s sole reasonable opinion, you are found to be violating this policy.

Security of Accounts

You agree that you are solely responsible for your own security in using the Websites. If any portion of these Websites requires you to open an account, you must complete the registration process by providing ULD with current, complete, and accurate information as prompted by the applicable registration form. You agree that you are responsible for maintaining the confidentiality of your logins, passwords, and accounts.

You agree to notify ULD immediately of any unauthorized use of your accounts or any other breach of security. ULD will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge. However, you could be held liable for losses incurred by ULD or another party due to someone else using your accounts or passwords. You may not use anyone else’s account at any time, without the permission of the account holder.

Termination of Service

ULD reserves the right, at any time and for any reason, to change, terminate, limit, suspend, or discontinue the Websites (in whole or in part) or your access to or use of these Websites. You agree that ULD shall not be liable for terminating your right to access or use the Websites.

Limitation of Liability

You acknowledge and agree that these Websites are provided solely for your convenience and without liability of any kind on the part of ULD or any of its licensors, members, or service providers. You understand and expressly agree that neither ULD nor its suppliers, service providers, licensors, or members will be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to: damages for loss of profits, goodwill use, data or other intangible losses (even if ULD has been advised of the possibility of such damages) resulting directly or indirectly from: (a) the use, reliance, or the inability to use the Websites or the information and content contained in the Websites; (b) statements or conduct of any third party on the Websites; (c) any error or omission; or (d) any other matter relating to the Websites. You further agree that if for any reason any of the foregoing limitations of liability is held to fail of its essential purpose or is otherwise deemed to be unenforceable for any reason, then the maximum aggregate, cumulative liability of ULD, arising out of or related to this Agreements and these Websites shall not exceed your direct damages actually incurred, if any, up to one hundred and fifty dollars ($150). You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any tort claim.

Indemnification

You agree to indemnify and hold ULD and its subsidiaries, affiliates, officers, agents, directors, employees and other partners and vendors harmless from any claim, action, demand, loss, costs, expenses (including reasonable attorneys’ fees), judgments (including settlements), arising out of or resulting from (a) any violation by you of these Terms of Use; (b) the content of your website if you include any reference or information from ULD the Websites ; or (c) any negligent acts, errors, or omissions of you, your agents, or contractors.

Additional Terms

Certain areas or aspects of these Websites may be subject to additional rules, policies, procedures, and/or terms (collectively, the “Additional Terms”). You agree to comply with the Additional Terms, and you understand that your use of those areas or aspects of these Websites is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.

Miscellaneous

This Agreement will be governed by the laws of the State of Louisiana. Except for the right of ULD to seek injunctive relief or other equitable remedies in instances involving security or intellectual property, all claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or these Websites (collectively referred to as the “Dispute”), shall be resolved via binding arbitration using an arbitrator from the American Arbitration Association. The dispute shall be governed by the applicable arbitration rules then in effect by the American Arbitration Association, and the arbitration shall be arbitrated in Baton Rouge, Louisiana. Judgment on any award issued by the arbitrator may be entered in any court having jurisdiction thereof.

If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, then said provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This is the entire Agreement between you and ULD relating to the subject matter it contains.

Any inquiries regarding this Agreement or any notices that need to be sent pursuant to this Agreement should be sent to: Legal Department, Falaya; 10124 Jefferson Hwy Baton Rouge, LA 70809