This Website Terms and Conditions of Use Agreement (“Agreement”) is between Dream Town Real Estate, Inc., an Illinois corporation with offices located at 1950 N. Sedgwick Chicago, IL 60614, (“DTR”) and you (“User,” “You” or “Your”) and is a legal agreement between You and DTR. This Agreement is effective as of the date you access the DTR Website. This Agreement states the terms and conditions under which you may use the DTR Website. Please read this Agreement carefully before accessing and using the DTR Website. By using and accessing the DTR 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 DTR Website. DTR 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 email@example.com.
- In order to access some features of the DTR 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 DTR 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 DTR’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 DTR immediately of any breach of security or unauthorized use of Your account. DTR will not be liable for your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of DTR 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 DTR and its partners, affiliates or subsidiaries. You hereby grant DTR the right to contact you by email, and other means of communications.
- Realtor® Relationship: You acknowledge that if you choose to engage DTR as your Realtor, such representation will be provided pursuant to a separate written agreement executed by You and DTR.
- Unauthorized Use:
- You shall not copy or download the content or third-party content from the DTR Website without the prior written consent of DTR. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the DTR Website, content or third party content or use the DTR Website, content or third party content for public or commercial purposes. You shall not use the DTR 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 DTR Website in a manner that sends bulk requests to the DTR servers. Notwithstanding the foregoing, DTR 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 DTR Website, but not caches or archives of the DTR Website. DTR 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 DTR Website, nor to use the communication systems provided by the DTR Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the DTR Website.
- Ownership and Title:
- Title to the DTR 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 DTR Website shall be the exclusive property of DTR.
- Removal of Infringing Material/Copyright Agent:
- DTR does not permit infringement of intellectual property rights on the DTR Website. DTR 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. DTR reserves the right to remove User Submissions without prior notice. DTR will also terminate a user's access to the DTR Website, if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the DTR Website more than twice. DTR also reserves the right to decide whether content, third party content or a User Submission is appropriate. DTR 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 DTR to locate the material;
- Information reasonably sufficient to permit DTR 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.
DTR's designated Copyright Agent to receive notifications of claimed infringement is:
Marcus Stephen Harris
Taft Stettinius & Hollister LLC
111 E Wacker Suite 2800
Chicago, IL 60601
Telephone: (312) 840-4320
Fax: (312) 966-8599
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.
DTR shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of DTR (the “DTR Marks”). Excepting the DTR Marks, all other product and company names mentioned on the DTR Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by DTR.
- No Contest:
You acknowledge that the DTR 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 DTR in connection with the DTR Website and content.
- User Submissions:
- The DTR 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 DTR 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 DTR 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 DTR 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 DTR Website and this Agreement.
- By submitting User Submissions to DTR, You grant DTR 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 DTR Website and DTR's business (and its successor's business), including without limitation for promoting and redistributing part or all of the DTR Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DTR Website a non-exclusive license to access Your User Submissions through the DTR Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the DTR 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 DTR all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DTR 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.
- DTR 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 DTR (including officers, employees, agents, directors and independent contractors of DTR) has not made or granted to You any express warranties concerning the DTR Website or DTR products or services. Use and performance of DTR products and services referenced on the DTR Website are subject to DTR terms and conditions concerning such products and services as made available by DTR. You acknowledge that the DTR Website does not constitute a grant of an express warranty concerning DTR products and services and You waive any and all claims of warranty based on the DTR Website.
- WARRANTY LIMITATION:
THE DTR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DTR, 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. DTR DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE DTR WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. DTR DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE DTR WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE DTR WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE DTR 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 DTR WEBSITE.
- Inaccuracies and other Content:
You acknowledge that the DTR 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 DTR Website. DTR is not a publisher of content supplied by third parties and users of the DTR Website. Accordingly, DTR 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 DTR.
- LIMITATION OF LIABILITY:
DTR 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 DTR 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 DTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
- LIMITATION OF DAMAGES:
THE LIABILITY OF DTR FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT AND THE DTR 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 DTR (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 DTR 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 DTR 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 DTR Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by DTR 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.
- DTR Notice:
Notices to DTR (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 DTR Notices to DTR shall be deemed given on the date notice is received by DTR (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 DTR. In addition to other rights which may be available, DTR 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 DTR Website or the relationship of You and DTR shall be subject to the prior written approval of DTR.
- 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 DTR at any time without notice or cause. Any and all restrictions imposed upon You with respect to the DTR Site and the contents of the DTR 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. DTR 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.