WEBSITE TERMS AND CONDITIONS OF USE
This Website Terms and Conditions of Use Agreement (“Agreement”) is between Realty of Chicago, LLC, an Illinois corporation with offices located at 6535 Cermak Rd., Berwyn, IL 60402 (“ROC”) and you (“User,” “You” or “Your”) and is a legal agreement between You and ROC. This Agreement is effective as of the date you access the ROC Website. This Agreement states the terms and conditions under which you may use the ROC Website. Please read this Agreement carefully before accessing and using the ROC Website. By using and accessing the ROC Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access and use the ROC Website. ROC may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. If you have questions regarding this Agreement, please email firstname.lastname@example.org.
- In order to access some features of the ROC Website, You may need to create an account. By creating an account, you represent and warrant that You have a bona fide interest in the purchase, sale, or lease of real property of the type being offered through the ROC Website. Upon creation of an account, a user password will be forwarded to the email address You provided during registration. You may not use another’s account without ROC’s prior written permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify ROC immediately of any breach of security or unauthorized use of Your account. ROC will not be liable for your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of ROC or others due to such unauthorized use. Upon the creation of an account, You may receive email updates of properties and other information regarding the services and products of ROC and its partners, affiliates or subsidiaries. You hereby grant ROC the right to contact you by email, and other means of communications.
- Realtor® Relationship: You acknowledge that if you choose to engage ROC as your Realtor, such representation will be provided pursuant to a separate written agreement executed by You and ROC.
- Unauthorized Use:
- You shall not copy or download the content or third-party content from the ROC Website without the prior written consent of ROC. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the ROC Website, content or third party content or use the ROC Website, content or third party content for public or commercial purposes. You shall not use the ROC Website, content or third-party content on any other website.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the ROC Website in a manner that sends bulk requests to the ROC servers. Notwithstanding the foregoing, ROC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the ROC Website, but not caches or archives of the ROC Website. ROC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the ROC Website, nor to use the communication systems provided by the ROC Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the ROC Website.
- Ownership and Title:
- Title to the ROC Website and content (excluding third party content and User Submissions (as defined in Section 7 below), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the ROC Website shall be the exclusive property of ROC.
- Removal of Infringing Material/Copyright Agent:
- ROC does not permit infringement of intellectual property rights on the ROC Website. ROC will remove all content, third party content and User Submissions if properly notified that such content, third party content or User Submission infringes on another’s intellectual property rights. ROC reserves the right to remove User Submissions without prior notice. ROC will also terminate a user’s access to the ROC Website, if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the ROC Website more than twice. ROC also reserves the right to decide whether content, third party content or a User Submission is appropriate. ROC may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
- If You believe that any User Submission or other content or third party content infringes upon Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ROC to locate the material;
- Information reasonably sufficient to permit ROC to contact You, such as an address, telephone number, and email address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ROC’s designated Copyright Agent to receive notifications of claimed infringement is: email@example.com
You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
ROC shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of ROC (the “ROC Marks”). Excepting the ROC Marks, all other product and company names mentioned on the ROC Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by ROC.
- No Contest:
You acknowledge that the ROC Website, content and third-party content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of ROC in connection with the ROC Website and content.
- User Submissions:
- The ROC Website may now or in the future permit the submission of videos or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the ROC Website shall be deemed non-confidential.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You warrant and, represent that: (i) you own or have the right, to use and authorize ROC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the ROC Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the ROC Website and this Agreement.
- By submitting User Submissions to ROC, You grant ROC a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ROC Website and ROC’s business (and its successor’s business), including without limitation for promoting and redistributing part or all of the ROC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ROC Website a non-exclusive license to access Your User Submissions through the ROC Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the ROC Website and under this Agreement.
- In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant ROC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ROC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
- ROC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
- Express Warranties:
You acknowledge and agree that ROC (including officers, employees, agents, directors and independent contractors of ROC) has not made or granted to You any express warranties concerning the ROC Website or ROC products or services. Use and performance of ROC products and services referenced on the ROC Website are subject to ROC terms and conditions concerning such products and services as made available by ROC. You acknowledge that the ROC Website does not constitute a grant of an express warranty concerning ROC products and services and You waive any and all claims of warranty based on the ROC Website.
- WARRANTY LIMITATION:
THE ROC WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ROC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROC DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE ROC WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. ROC DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE ROC WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE ROC WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE ROC WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES AND APPLICABLE LAWS GOVERNING THE INTERNET AND THE ROC WEBSITE.
- Inaccuracies and other Content:
You acknowledge that the ROC Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the ROC Website. ROC is not a publisher of content supplied by third parties and users of the ROC Website. Accordingly, ROC does not have control over such content. Any advice, statements, opinions, services, offers, or any other information or content whatsoever expressed, implied or made available by third parties, including but not limited to information providers and users, are those of the respective author(s) or distributor(s) and not of ROC.
- LIMITATION OF LIABILITY:
ROC SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE: (I) USE, PERFORMANCE OR OPERATION OF THE ROC WEBSITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY YOU; AND (III) LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, REGARDLESS OF WHETHER ROC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
- LIMITATION OF DAMAGES:
THE LIABILITY OF ROC FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT AND THE ROC WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to release, defend, indemnify and hold harmless ROC (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to: (i) use of the ROC Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the ROC Website; (iii) Your negligence or acts (or any failure to act); and (iv) any breach by You of Your obligations under this Agreement.
- Export Assurance:
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the ROC Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by ROC of such websites and the third-party content found there.
- Entire Agreement:
- Amendments and Modifications:
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
- Governing Law:
This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be Cook County, Chicago, Illinois.
- User Notice:
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
- ROC Notice:
Notices to ROC (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand to the address set forth in the first paragraph of this Agreement for ROC Notices to ROC shall be deemed given on the date notice is received by ROC (as evidenced in the case of Certified or Registered Mail by Return Receipt).
- Equitable Remedies:
You acknowledge and agree that damages at law will be an inadequate remedy to ROC. In addition to other rights which may be available, ROC shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
- Public Announcements:
All public announcements concerning the ROC Website or the relationship of You and ROC shall be subject to the prior written approval of ROC.
- Litigation/Arbitration Expense:
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
This Agreement may be terminated by ROC at any time without notice or cause. Any and all restrictions imposed upon You with respect to the ROC Site and the contents of the ROC Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.
Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, including any dispute or controversy arising out of, relating to, or concerning the scope or enforceability of this arbitration provision, shall be settled by binding arbitration administered by the American Arbitration Association in front of one (1) arbitrator in Cook County, Illinois, in accordance with the Commercial Arbitration Rules and Procedures then in effect. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration, and not subject to appeal. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. ROC and You shall each pay one half of the costs and expenses of the arbitration, and each shall separately pay its own costs and attorneys’ fees.