This Website Terms and Conditions of Use Agreement (“Agreement”) is between Dream Town Realty, 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.
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.
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.
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.
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.
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.
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.
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.
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.
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
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.
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.
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).
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.
All public announcements concerning the DTR Website or the relationship of You and DTR shall be subject to the prior written approval of DTR.
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.