Welcome to the website (the "Site") of Legacy At Arts Quater, property
managed by Inland American Apartment Management LLC. ("Inland"). Please
carefully review these Terms
of Use, the Privacy Policy, and any terms on the Site that govern
particular offers or features ("Additional Terms and Conditions", together with
these Terms of Use and the Privacy Policy, form the "Agreement"), all of which
collectively govern your use of the entire Site and all content, data, and
information contained therein.
YOUR USE OF THE SITE CONSTITUTES YOUR
CONSENT TO FOLLOW AND BE BOUND
BY THIS AGREEMENT. The term "USE" includes
viewing the Site, subscribing to features on the Site, conducting transactions
over the Site, or clicking on any button after being informed that clicking will
evidence consent to this Agreement. As used in this Agreement, "you" are the
person using the Site or the person described in the registration or
subscription. The Agreement may be amended or supplemented from time to time by
Inland, in accordance with these terms. In the event of any inconsistency or
conflict between these terms of use, the privacy policy, and the additional
terms and conditions, the following order of precedence shall control: (1) terms
of use, (2) privacy policy and (3) additional terms and conditions. If you do
not agree to the terms and conditions of this agreement, you are not permitted
to use this Site.
License to Use the Site & Restrictions
Inland
hereby grants you a non-exclusive, revocable license to use the Site in
accordance with this Agreement. Inland reserves the right to suspend or
revoke this license at our sole discretion without notice. You may download and
print content solely for your own personal, non-commercial use. "Content" means
any data accessible on the Site, including, without limitation, text, images,
video, graphics, audio files, software, and any combination thereof. You may not
otherwise use, reproduce, alter, or modify content in any way, nor may you
transmit, distribute, or display content to third parties for commercial
purposes. Except as expressly provided above, nothing contained herein shall be
construed as conferring any license or right under any copyright of Inland, its
licensors or its content suppliers. You may not copy or display any portion of
the content for redistribution to third parties for commercial purposes without
the prior written permission of Inland.
Through your use of this
website, you agree not to use this Site for any purpose that is unlawful or
prohibited by this Agreement; or use this Site in a manner that could damage,
disable, overburden, or impair any Inland server or the networks connected to
any Inland server; or interfere with any third party’s use and enjoyment of this
Site; or attempt to gain unauthorized access to accounts, computer systems, or
networks connected to any Inland server through hacking, password mining, or any
other means.
Eligibility
Our services are available only to
individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our servicesare not available to minors. If you are
under 18, you may only use our services with involvement of a parent or
guardian.
Registration & Passwords
Use of certain features on
the Site might require registration. YOU MUST BE 13 YEARS OR OLDER TO REGISTER
WITH THIS SITE. Inland will review and determine, at Inland's sole discretion,
whether to accept your registration. Inland shall have the right, at its sole
discretion, to refuse or restrict anyone from access to the Site(s) at any time
for any reason.
Electronic Communications; Opt-Out
When you send
e-mails to us, you are communicating with us electronically. You
consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. You agree that any transactions you conduct with or through the Site
may, at our option, be conducted electronically. You further agree that we may
determine to provide all or any part of our services non electronically, and
that those services will still be governed by this Agreement unless you enter
into a different agreement on a form provided by us. You agree that we may
communicate with you through electronic ("e-mail") messages, and if you forget
or lose your password, you agree that we may send it to you by e-mail. If you do
not wish to have your transactions with or through the Site conducted
electronically, you should not enter into this Agreement and you should cease
all use ofthe Site.
If you would prefer not to receive our e-mails
and/or mailings, please let us know. You may submit your request to unsubscribe
by clicking here. In addition, if you have received an e-mail from Inland, you
may also reply with the word "unsubscribe" in the subject line.
Protected Content
Unless otherwise explicitly specified, all
materials contained in the Site are copyrights, patents, trademarks, or other
intellectual property owned, controlled, or licensed by Inland or by third party
content suppliers who have licensed their materials to Inland and are protected
by U. and international intellectual property laws. If you believe that this
Site(s) contains materials that constitute copyright infringement, please notify
Inland in accordance with our Online Copyright Infringement Notification Policy.
Links
Inland is not affiliated with the sponsors, owners, or
producers of any third party websites linked with this Site. These linked sites
are not under Inland’s control and Inland explicitly disclaims any
responsibility for the accuracy, content, or availability of the information,
products, and/or services found on or through such third party sites. Inland
does not endorse and has not taken any steps to confirm the accuracy or
reliability of any of the information, products or services contained on or
through such third party sites. Inland does not make any representations or
warranties as to the security of any information (such as credit card and other
sensitive information) you might give on any third party site.
Modifications of This Agreement
Inland reserves the right to change
or update this Agreement at any time without notice. Your use of this Site
following any such amendments constitutes your unconditional agreement to follow
and be bound by this Agreement as so amended. Inland suggests you periodically
review this Agreement for changes. Solely Intended for United States Users
Unless otherwise explicitly specified on the Site, the information on all of the
Inland Sites is intended solely for use and access by persons residing in the
United States, its territories, and possessions. Inland controls and operates
its website from offices located in the United States and makes no
representations or warranties that the information, products, or services
contained on the Site are available or appropriate for use in other locations.
Anyone using any of the Site(s) from other locations does so by their own choice
and is responsible for compliance with their local applicable laws.
Disclaimer
THIS SITE IS PROVIDED BY INLAND ON AN "AS IS" AND "AS
AVAILABLE" BASI INLAND MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE
CONTENT OF THIS SITE FOR ANY PURPOSE. INLAND MAKES NO WARRANTIES OF ANY KIND AS
TO THE OPERATION OF THIS WEBSITE. INLAND DISCLAIMS ALL WARRANTIES WITH REGARD TO
THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. INLAND DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS
INCLUDING VIRUSE ALTHOUGH INLAND TRIES TO BE AS ACCURATE, COMPLETE, AND
CURRENT AS POSSIBLE, INLAND DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS
ENTIRELY ACCURATE, COMPLETE, OR CURRENT. YOU ARE RESPONSIBLE FOR VERIFING ANY
INFORMATION FOUND IN THIS SITE BEFORE RELYING ON IT. YOU ACKNOWLEDGE, BY YOUR
USE OF THIS SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of
Liability UNDER NO CIRCUMSTANCES SHALL INLAND OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF,
THE ACCESS TO, OR THE INABILITY TO USE OR ACCESS THIS SITE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS
INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF INLAND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGE YOU AGREE THAT YOU, NOT INLAND, SHALL ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT
OF ANY SUCH LOSS OR DAMAGE. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION
DETERMINES THAT INLAND IS LIABLE FOR DAMAGES, YOU AGREE THAT SUCH DAMAGES SHALL
NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INLAND AND ITS SHAREHOLDERS, AFFILIATES,
SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND
CONTRACTORS
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES,
INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS SITE
AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR
CONDITIONS OF THIS AGREEMENT.
Terms and Termination
Inland shall have the right to terminate your
access to, and use of, the Site immediately, if, in its sole discretion, Inland
believes that your conduct fails to conform with this Agreement. Inland also
reserves the right to investigate suspected violations of this Agreement,
including without limitation any violation arising from any submission, posting
or e-mails you make or send to the Site. Upon termination of this Agreement, all
rights granted to you under this Agreement will cease immediately, and you agree
that you will: (a) immediately discontinue use of the Site(s); and (b) as
applicable, pay any amounts owed to Inland in full within thirty (30) days from
the date of such termination.
Submissions
Outside of your Personal
Information, which is protected by Inland’s Privacy Policy, all remarks,
suggestions, ideas, graphics, or other information communicated by you to Inland
through the Site (collectively, the "Submission") will be treated as
nonconfidential and forever be the property of Inland, who shall be free to
disclose, reproduce, distribute, or otherwise use the submission without
limitation and with no obligation of any kind. Your submission grants Inland an
irrevocable, nonexclusive, royalty-free, worldwide license for all possible
rights and all possible media to copy, use, sublicense, display, or modify any
information you provide to us for any commercial or non-commercial use, without
compensation to you.
Inland retains the right to review, edit or delete
from the Site any Submission which Inland at its sole discretion considers
illegal, offensive, in violation of a third party right, or otherwise
inappropriate. E-mail and Other Communications In connection with your use of
the Site, you consent to Inland recording any communication, electronic or
otherwise, between you and Inland and retaining any information and data you
submit while using the Site.
In using the Site, you may be permitted to
communicate electronically with Inland by sending electronic mail to Inland;
however, you acknowledge and agree that only general information or inquiries
may be submitted to Inland via electronic mail and any other submissions or
communications on or through the Site (e.g., the placement of orders) may be
submitted only in accordance with the express instructions set forth on the Site
for such submissions or communications. Please do not send any time-sensitive
communications to Inland via e-mail as Inland cannot be responsible for
responding to any such communications.
Investigations
Inland may
seek to gather information from the user who is suspected of violating this
Agreement, and from any other user. Inland may suspend any users whose conduct
or postings are under investigation and may remove such material from its
servers as it deems appropriate and without notice. If Inland believes, in its
sole discretion, that a violation of this Agreement has occurred, it may edit or
modify any submission, posting or e-mails, remove the material permanently,
cancel postings, warn users, suspend users and passwords, terminate accounts or
take other corrective action it deems appropriate. Inland will fully cooperate
with any law enforcement authorities or court order requesting or directing
Inland to disclose the identity of anyone posting any emails or publishing or
otherwise making available any materials that are believed to violate this
Agreement. YOU WAIVE AND HOLD HARMLESS INLAND FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY INLAND DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INLAND OR LAW
ENFORCEMENT AUTHORITIE
Applicable Laws
This Agreement shall be
governed by and construed under the laws of the State of Illinois, without
regard to conflicts of law principles. YOU AGREE THAT JURISDICTION OVER AND
VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS
LOCATED IN COOK COUNTY, ILLINOI Arbitration under this Agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
Commencement of Actions
Any cause of action or claim you may have with respect to this Site must be
commenced within one year after such claim or cause of action arises.
No
Waiver; Assignation; Severability
The failure of Inland to act with respect
to a breach of this Agreement by you or others does not constitute a waiver and
shall not limit Inland’s rights with respect to such breach or any subsequent
breaches. Neither the course of conduct between the parties nor trade practice
shall act to modify this Agreement. Inland may assign its rights and duties
hereunder to any party at any time without any notice to you. This Agreement may
not be assigned by you without Inland’s prior written consent. If any provision
of this Agreement shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe
that the Site contains materials that constitute copyright infringement, please
notify our Designated Agent, Scott Wilton, in writing using the following
contact information:
Name of Designated Agent to Receive Notification of
Claimed Infringement:
Scott Wilton
Full Address of Designated Agent
to which Notification should be Sent:
The Inland Real Estate Group of
Companies, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Telephone Number of Designated Agent:
(630) 218-8000
Facsimile Number of Designated Agent:
(630) 218-4900
Under
Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed
copyright
\infringement to our Designated Agent must be in the form of a
written communication that includes the following information:
Your address,
telephone number and e-mail address;
Identification of the copyrighted
work (or works) that you claim has been infringed;
A description of the
material that you claim is infringing the copyrighted work;
A clear
description of where the infringing material is located on the Site, including
its URL, so that Inland can locate the material;
A statement that you
have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law;
A statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf; and
An electronic or physical signature of the owner or of the
person authorized to act on behalf of the owner of the copyright
interest.
Inland American Apartment Management LLC Legacy At Arts Quarter