WEBSITE TERMS AND CONDITIONS OF USE
This Website Terms and Conditions of Use Agreement (“Agreement”) is between Norvax, Inc.(“ChicagoLuxuryHomes.org”) and you (“User,” “You” or “Your”) and is a legal agreement between You and ChicagoLuxuryHomes.org. This Agreement is effective as of the date you access the Website. This Agreement states the terms and conditions under which you may use the Website. Please read this Agreement carefully before accessing and using the Website. By using and accessing the 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 Website. ChicagoLuxuryHomes.org 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 info@ChicagoLuxuryHomes.org.
1. Access:
A. ChicagoLuxuryHomes.org hereby grants You a non-exclusive and non-transferable license to access the website owned or operated by ChicagoLuxuryHomes.org and made publicly available by ChicagoLuxuryHomes.org via the Internet (the “ChicagoLuxuryHomes.org Website”) solely for viewing and browsing the information on the ChicagoLuxuryHomes.org Website for personal and non-commercial use, subject to the terms and provisions of this Agreement. You agree to comply with the ChicagoLuxuryHomes.org Privacy Policy which may be modified by ChicagoLuxuryHomes.org from time to time.
2. User Information. In order to utilize the Services (as defined in Section 3 below), You agree to provide us with certain information, including without limitation, a valid email address (“Information”). By providing ChicagoLuxuryHomes.org with Information You agree that ChicagoLuxuryHomes.org may provide You with the Services. Information You submit will be used in accordance with ChicagoLuxuryHomes.org’s Privacy Policy.
3. Services. The services provided on the ChicagoLuxuryHomes.org Website are provided solely as a forum and technical interface to connect homeowners and buyers with local real estate agents, brokers and other real estate related service providers (the “Services”). You acknowledge and agree that ChicagoLuxuryHomes.org does not provide any real estate related services and is not licensed to perform and such services. You further acknowledge and agree that ChicagoLuxuryHomes.org does not sponsor, endorse, recommend, warrant or approve of any real estate agent, broker or other similar real estate related service provider who may offer services through the ChicagoLuxuryHomes.org Website. You represent and warrant to ChicagoLuxuryHomes.org that you will use your independent judgment of the merits of any individual, entity or information that You find on our through the ChicagoLuxuryHomes.org Website.
By using the Service, You agree to receive, via email or otherwise, status notifications, newsletters, and carefully selected special offers and promotions for certain products and services that ChicagoLuxuryHomes.org believes could be of value to You.
4. Unauthorized Use:
A. You shall not copy download or distribute the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") or third party Content from the ChicagoLuxuryHomes.org Website without the prior written consent of ChicagoLuxuryHomes.org. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the ChicagoLuxuryHomes.org Website, Content or third party Content or use the ChicagoLuxuryHomes.org Website, Content or third party Content for public or commercial purposes. You shall not use the ChicagoLuxuryHomes.org Website, Content or third party Content on any other website.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the ChicagoLuxuryHomes.org Website in a manner that sends bulk requests to the ChicagoLuxuryHomes.org servers. Notwithstanding the foregoing, ChicagoLuxuryHomes.org 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 ChicagoLuxuryHomes.org Website, but not caches or archives of the ChicagoLuxuryHomes.org Website. ChicagoLuxuryHomes.org reserves the right to revoke these exceptions either generally or in specific cases. You agree not to engage in the practice of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining lists of users or other information form the ChicagoLuxuryHomes.org Website. You agree not to collect or harvest any personally identifiable information, including account names, from the ChicagoLuxuryHomes.org Website, nor to use the communication systems provided by the ChicagoLuxuryHomes.org Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the ChicagoLuxuryHomes.org Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the ChicagoLuxuryHomes.org Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ChicagoLuxuryHomes.org Website or the Content therein.
5. Ownership and Title:
Title to the ChicagoLuxuryHomes.org Website and Content (excluding third party Content (as), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the ChicagoLuxuryHomes.org Website shall be the exclusive property of ChicagoLuxuryHomes.org.
6. Removal of Infringing Material/Copyright Agent:
A. ChicagoLuxuryHomes.org does not permit infringement of intellectual property rights on the ChicagoLuxuryHomes.org Website. ChicagoLuxuryHomes.org will remove all Content and third party Content if properly notified that such Content, or third party Content infringes on another's intellectual property rights.
B. If You believe that any 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:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 ChicagoLuxuryHomes.org to locate the material;
(iv) Information reasonably sufficient to permit ChicagoLuxuryHomes.org to contact You, such as an address, telephone number, and email address;
(v) 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
(vi) 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.
ChicagoLuxuryHomes.org's designated Copyright Agent to receive notifications of claimed infringement is: Ivan Puljic, 10 S. LaSalle Street, Suite 3500, Chicago, IL 60603 email: ipuljic@huffandgaines.com, telephone: (312) 606-0700, fax: (312) 606-0027. 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.
7. Trademarks:
ChicagoLuxuryHomes.org shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of ChicagoLuxuryHomes.org (the “ChicagoLuxuryHomes.org Marks”). Excepting the ChicagoLuxuryHomes.org Marks, all other product and company names mentioned on the ChicagoLuxuryHomes.org Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by ChicagoLuxuryHomes.org.
8. No Contest:
You acknowledge that the ChicagoLuxuryHomes.org 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 ChicagoLuxuryHomes.org in connection with the ChicagoLuxuryHomes.org Website and Content.
9. Express Warranties:
You acknowledge and agree that ChicagoLuxuryHomes.org (including officers, employees, agents, directors and independent contractors of ChicagoLuxuryHomes.org) has not made or granted to You any express warranties concerning the ChicagoLuxuryHomes.org Website or ChicagoLuxuryHomes.org products or the Services. ChicagoLuxuryHomes.org does not and cannot warrant and represent that any real estate agent, broker or other real estate related service provider who offers services through the ChicagoLuxuryHomes.org Website is licensed, or capable of performing any such service. You acknowledge that the ChicagoLuxuryHomes.org Website does not constitute a grant of an express warranty concerning ChicagoLuxuryHomes.org products and the Services and You waive any and all claims of warranty based on the ChicagoLuxuryHomes.org Website or the products or Services.
10. WARRANTY LIMITATION:
THE ChicagoLuxuryHomes.org WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ChicagoLuxuryHomes.org, 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 WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ChicagoLuxuryHomes.org DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE ChicagoLuxuryHomes.org WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. ChicagoLuxuryHomes.org DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE ChicagoLuxuryHomes.org WEBSITE OR SERVICES.
ChicagoLuxuryHomes.org DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE ChicagoLuxuryHomes.org WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE ChicagoLuxuryHomes.org WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK.
11. Inaccuracies:
You acknowledge that the ChicagoLuxuryHomes.org 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 ChicagoLuxuryHomes.org Website.
12. LIMITATION OF LIABILITY:
UNDER NOT CIRCUMSANCES SHALLChicagoLuxuryHomes.org ITS AFFILIATES, SUBSIDIARIES OR PARENTBE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF THE ChicagoLuxuryHomes.org WEBSITE OR THE SERVICES; (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 ChicagoLuxuryHomes.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
13. LIMITATION OF DAMAGES:
THE LIABILITY OF ChicagoLuxuryHomes.org ITS AFFILIATES, SUBSIDIARIES OR PARENT FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT AND THE ChicagoLuxuryHomes.org WEBSITE AND/OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
14. Indemnification:
You agree to release, defend, indemnify and hold harmless ChicagoLuxuryHomes.org (including its parent, subsidiaries, 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 ChicagoLuxuryHomes.org Website, the Services 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 ChicagoLuxuryHomes.org Website; (iii) User Submissions; (iv) Your negligence or acts (or any failure to act); or (v) any breach by You of Your obligations under this Agreement.
15. 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.
16. Links:
You acknowledge that the ChicagoLuxuryHomes.org Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by ChicagoLuxuryHomes.org of such websites and the third party Content found there.
17. Entire Agreement:
This Agreement and the ChicagoLuxuryHomes.org Privacy Policy contain the entire understanding of the parties relating to the ChicagoLuxuryHomes.org Website, Content and third party Content and supersedes all previous verbal and written agreements between You and ChicagoLuxuryHomes.org relating to the ChicagoLuxuryHomes.org Website, Content, User Submissions and third party Content.
18. Amendments and Modifications:
Excepting modifications made to the Privacy Policy by ChicagoLuxuryHomes.org and modifications made to this Agreement by ChicagoLuxuryHomes.org, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of ChicagoLuxuryHomes.org.
19. Severability:
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
20. Governing Law:
The ChicagoLuxuryHomes.org Website is based in Cook County, Chicago, Illinois. 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.
21. 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 - 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.
22. ChicagoLuxuryHomes.org Notice:
Notices to ChicagoLuxuryHomes.org (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the address set forth in the first paragraph of this Agreement for ChicagoLuxuryHomes.org Notices to ChicagoLuxuryHomes.org shall be deemed given on the date notice is received by ChicagoLuxuryHomes.org (as evidenced in the case of Certified or Registered Mail by Return Receipt).
23. Equitable Remedies:
You acknowledge and agree that damages at law will be an inadequate remedy to ChicagoLuxuryHomes.org. In addition to other rights which may be available, ChicagoLuxuryHomes.org 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.
24. Waiver:
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.
25. Public Announcements:
All public announcements concerning the ChicagoLuxuryHomes.org Website or the relationship of You and ChicagoLuxuryHomes.org shall be subject to the prior written approval of ChicagoLuxuryHomes.org.
26. Litigation 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.
27. Termination:
This Agreement may be terminated by ChicagoLuxuryHomes.org at any time without notice or cause. Any and all restrictions imposed upon You with respect to the ChicagoLuxuryHomes.org Website and the contents of the ChicagoLuxuryHomes.org Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.