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TERMS OF USE

TERMS OF USE

EFFECTIVE AS OF JUNE 1ST, 2018


 

This website is operated by Chicago Residential Group, LLC on behalf of ourselves and our affiliated organizations (collectively referred to herein as “CRG”, "We”, or “Us”).

 


 

Acceptance of Terms of Use

The following terms and conditions (the "Terms of Use") govern your access to and use of this website, any sub-domains and any related web-based and mobile applications provided by us, including any content and services offered on or through this website and/or the applications (this website and all such applications shall be collectively referred to herein as the "Website").

By using the Website, you accept and agree to follow these Terms of Use and our Privacy Policy. Click the link on the Website entitled “Privacy Policy” to access CRG’s Privacy Policy governing the use of information that CRG obtains from you through your use of the Website, which Privacy Policy is incorporated herein in full by this reference.

If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use the Website. If you have accessed the Website and do not agree to follow these Terms of Use and our Privacy Policy, you should promptly discontinue use of the Website.

Your personal information may reside on CRG’s servers or on the servers of affiliated organizations. Such information may be obtained and stored when you use the Website. Any use of the Website not expressly permitted by these Terms of Use is strictly prohibited.

 



Information About You and Your Visits to the Website

By using the Website, you consent to allow us to use your information in compliance with the Privacy Policy.

PLEASE NOTE THAT, AS PART OF OUR PRIVACY POLICY, CRG RESERVES THE RIGHT TO TAKE ANY ACTION WITH RESPECT TO YOUR PERSONAL INFORMATION THAT WE, IN OUR SOLE AND ABSOLUTE DISCRETION, DEEM NECESSARY OR APPROPRIATE IF SUCH INFORMATION MAY CREATE A LIABILITY FOR US OR MAY CAUSE US TO LOSE ALL OR PART OF THE SERVICES PROVIDED TO US BY OUR INTERNET SERVICE PROVIDERS OR OTHER SUPPLIERS.

We reserve the right to restrict certain areas of information on the Website to our approved registered users. In the event that any area of the Website requires you to register with us prior to our granting you access to such areas of the Website, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “Account Information”). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. CRG will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless CRG, its affiliates and their owners, members, managers, officers, directors, employees, agents, representatives, third-party content providers, licensors and contractors for any improper, unauthorized or illegal uses of your account.

 



Modifications to Terms of Use, Website, and Termination

CRG may revise these Terms of Use and/or the Privacy Policy at any time and from time to time, and you agree to be bound by these Terms of Use and the Privacy Policy as they may be revised. Any such modifications will become effective on the date they are first posted to any part of the Website. It is your responsibility to review these Terms of Use and the Privacy Policy from time to time to learn the most current terms and conditions thereof.

CRG has no obligation to notify you of changes to these Terms of Use or the Privacy Policy. CRG reserves the right to modify or discontinue, temporarily or permanently, the Website or any product or service of CRG or any part thereof, whether or not appearing on the Website, at any time with or without notice, but Website content may not be complete or up-to-date at any given time. After any modifications or updates to our Website are made, your use of the Website constitutes your agreement to be bound by any such modifications or updates. You expressly agree that neither CRG nor any of its affiliates or any of their owners, members, managers, officers, directors, employees, agents, representatives, third-party content providers, licensors or contractors shall have any liability to any person or entity whatsoever as a result of any such modification or discontinuance.

Without limiting any of its other rights and remedies, CRG may immediately discontinue, suspend, terminate or block your access to or use of, and any other user’s access to or use of, the Website, or terminate, deactivate or delete your password or account, or remove or discard any content or any of your information at any time in its sole and absolute discretion, with or without notice, and without liability of any kind to any person or entity, and you hereby expressly consent to any such action by CRG.

 



Accuracy and Reliance on Website Information

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy or completeness of this information in any respect, and disclaim any and all liability and responsibility arising from or related to any use of or reliance on any such information. The Website may include content provided by third parties.

All information, statements and opinions of such third parties are solely the responsibility of the providers thereof in every respect, and do not necessarily reflect the knowledge, views or opinions of CRG.

All property listing information contained within the Website is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice.

Any projections, opinions, assumptions or estimates contained within the Website are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property.

You and your tax and legal advisors should conduct your own investigation of any property listed on the Website and any contemplated transaction concerning any property listed on the Website.

 



User Contributions

The Website may contain or provide links to message boards, personal web pages or profiles, discussion forums, bulletin boards and other interactive features ("Interactive Services") that allow users to post content or materials ("User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards as set out below in these Terms of Use. Any User Contribution you post to the Website must be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant CRG, our service providers and our respective employees, agents, licensees, successors and assigns a royalty-free, unrestricted, worldwide, perpetual, non-exclusive and fully transferable, assignable and sub-licensable right to use, reproduce, modify, display, distribute and otherwise disclose any such material and information to third parties at any time, on such terms and conditions as we deem necessary or appropriate in our sole and absolute discretion.

You, and not CRG, are solely and fully responsible for any User Contributions you post on the Website.

 



Monitoring and Enforcement

We reserve the right at any and all times to:

(a) remove or refuse to post any User Contributions for any reason;
(b) take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity or could create any liability for CRG;
(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(d) take appropriate legal action, including referral to law enforcement, for any use of the Website we deem illegal or unauthorized in our sole and absolute discretion;
(e) terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Use; and to take any other action we deem necessary or appropriate at any time concerning any use of or content on the Website.

 

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.

 



Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and the use of any and all Interactive Services.

User Contributions must comply with all applicable laws and regulations and must not, by way of example and not limitation:

(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory or otherwise unlawful;
(b) promote sexually explicit or pornographic material, violence, or discrimination;
(c) communicate any information or materials subject to any patent, trademark, trade secret, copyright, confidentiality or proprietary rights, or other intellectual property or other rights of any person;
(d) promote any illegal activity;
(e) misrepresent your identity or affiliation;
(f) involve commercial activities, such as advertisements, solicitations, contests, sweepstakes and other sales promotions;
(g) involve or include any spam, chain letter, or other similar type of information; or
(h) give the impression that they are posted or endorsed by CRG or any other person or entity, if this is not the case.

 



Downloading Content From the Website

The Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the forms of words, graphics and logos.

You may not use the Website to download, reproduce, transmit, display or distribute copyrighted material in any medium or via any method without our express written permission, or copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Website.

You must also comply with all patent, trademark, trade secret, copyright, confidentiality and proprietary laws, judgments, decrees and agreements worldwide in your use of the Website and prevent unauthorized copying, distribution, dissemination or use of any content. The permission to use the Website granted herein terminates automatically if you breach any of these Terms of Use.

Any unauthorized use of any material found on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No right, title or interest in any materials is transferred to you as a result of any use of the Website.

 



Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. The inclusion of any links within the Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites, and the content, information accuracy, opinions expressed, other links, and all other aspects of or information or materials provided by or through any links are not investigated, vetted, verified, monitored or confirmed in any manner whatsoever by CRG, and CRG does not make any representations or warranties, express or implied, whatsoever regarding any content, information, materials, opinions, links, goods or services appearing or offered on any link contained on the Website, the same being hereby disclaimed by CRG and expressly and knowingly waived by you.

As such, we have no control over the contents of those sites or resources, and are not responsible for them in any manner or for any loss or damage that may arise from your accessing or use of them.

If you decide to access or use in any manner any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use applicable to such websites and resources. CRG reserves the right to discontinue any links at any time without prior notice.

 



Disclaimer of Warranties

You expressly acknowledge and agree that your use of the Website is at your sole risk. Neither CRG, its affiliates, or any of their owners, members, managers, officers, directors, employees, agents, representatives, third-party content providers, licensors or contractors represent or warrant in any way that the Website will be uninterrupted or error-free; nor do they make any representation or warranty in any way as to the results that may be obtained from the use of the Website, or as to the accuracy, completeness, reliability, security, or currency of any Website content.

You expressly acknowledge and agree that Website content may contain errors, omissions, inaccuracies, or incomplete or outdated information. Further, CRG does not make any representation or warranty, express or implied, as to the reliability of any statement or other information or content displayed or distributed through the Website. CRG reserves the right, in its sole and absolute discretion, but has no obligation, to correct any errors or omissions in any portion of the Website at any time.

CRG may make any other changes to the Website, any content on the Website, the products, programs, services or prices described in the website, or to these Terms of Use at any time and from time to time without notice.

THE WEBSITE AND THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE,” AND “WITH ALL FAULTS” BASIS. CRG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE CONTENT, INFORMATION OR MATERIALS ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CRG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT OR INFORMATION ON THE WEBSITE OR WITH RESPECT TO THE PRODUCTS, SERVICES AND PROPERTIES OFFERED, SOLD, REFERRED TO OR DISPLAYED ON THE WEBSITE OR WITH RESPECT TO YOUR USE OF THE WEBSITE GENERALLY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT ANY SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS OF USE.

 



Limitation on Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER CRG NOR ANY OF ITS AFFILIATES OR ANY OF THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY WEBSITES LINKED TO IT, OR YOUR POSSESSION OR USE OF ANY OF THE MATERIALS, CONTENT OR INFORMATION ON THE WEBSITE OR ANY WEBSITES LINKED TO IT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL CRG OR ANY OF ITS AFFILIATES OR ANY OF THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN ANY MANNER IN RELATION TO ANY MATERIALS, CONTENT OR INFORMATION, OR ANY PRODUCTS, SERVICES OR PROPERTIES OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE OR ANY SITE LINKED TO IT, OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SITE LINKED TO IT, OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF WHETHER CRG OR ANY OF ITS AFFILIATES OR ANY OF THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 



Limitation on Claims

You expressly agree that any claim or cause of action you may have with respect to the Website, your use of the Website or otherwise against CRG or any of its affiliates or any of their owners, members, managers, officers, directors, employees, agents, representatives, third-party content providers, licensors or contractors, must be commenced within one year after the claim or cause of action arises or it shall be forever barred.

You expressly agree that any statute of limitations that might, except for this provision of these Terms of Use apply, and your rights under any such statute of limitations, are hereby expressly, knowingly and fully waived by you.

 



Indemnification

You agree to indemnify, defend, and hold CRG and its affiliates and their owners, members, managers, officers, directors, employees, agents, representatives, third-party content providers, licensors and contractors harmless, from and against any and all claims, demands, liabilities, obligations, damages, losses, costs and expenses of any and every kind, including attorneys’ fees, whether to persons or property, whether direct or indirect, whether contingent or not contingent, that arise in whole or in part out of or that in any manner relate to your use of the Website, your violation of these Terms of Use, your violation of any law, decree, judgment, rule or regulation, or your violation of any patent, trademark, trade secret, copyright, confidentiality, proprietary or privacy right.

 



Waiver and Severability

These Terms of Use constitute the entire merged agreement between CRG and you with respect to the Website, and it supersedes all prior or contemporaneous agreements, promises, communications and proposals, whether electronic, oral or written, between you and CRG with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based on or relating to these Terms of Use or the Website to the same extent and subject to the same conditions as are other business documents and records originally generated and maintained in printed form.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms of Use, and the remainder of these Terms of Use shall continue unmodified and in full force and effect.

No waiver by CRG of any breach or default hereof shall be deemed to be a waiver of any preceding or subsequent breach or default of the same or of any other provision hereof, and any failure of CRG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 



Trademarks

The Website features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of or are licensed to CRG. You must not use the Marks in any manner without the prior written permission of CRG.

All other names, logos, product and service designs and slogans on the Website are the trademarks or service marks of their respective owners.

 



Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in the Website are the exclusive property of CRG.

 




Cautionary Language Regarding Forward-Looking Statements

The Website may contain "forward-looking statements" as defined under U.S. federal securities laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our management’s expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made.

CRG assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.

 



Controlling Law, Jurisdiction and International Users

CRG oversees and maintains the Website from its headquarters in Chicago, Illinois, U.S.A. These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without reference to its conflict-of-laws provisions. You agree to fully comply with all laws, judgments, decrees, rules and regulations applicable to your use of the Website, including your applicable local laws. You agree to submit to personal and exclusive jurisdiction of the state and federal courts located within or whose jurisdiction includes Cook County, Illinois, U.S.A. with respect to any disputes with CRG arising out of or in any manner related to the Website. CRG makes no representation that any Website content is appropriate or available for use outside of the United States.

If you access this site from outside the United States, you will be responsible for compliance with all applicable United States, State of Illinois, and local laws.

 



Electronic Communications and Electronic Signatures

You shall be bound by any affirmation, assent, or agreement you transmit through the Website, including, but not limited to, any consent you give to receive communications from CRG solely through electronic means.

You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or otherwise, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 



Entire Agreement

The Terms of Use and our Privacy Policy, together with any mobile license agreement and other posted guidelines within the Website constitute the sole and entire agreement between you and CRG with respect to the Website, and supersede all prior and contemporaneous promises, understandings, agreements, representations and warranties, both written and oral, express and implied.

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