TERMS & CONDITIONS
Modifications of This Agreement
We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Website.
We are not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from this Website except for (see below). These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party sites. We do not endorse and have 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. We do 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.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. We control and operate the Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Motif Construction Status
You acknowledge that the Motif on Belden is currently under construction. Therefore, all depictions are renderings of the proposed units and may not be a completely accurate depiction of the units for rent upon completion.
We grant you a nonexclusive revocable license to use the Website in accordance with this Agreement. We reserve the right to suspend or revoke this license at our sole discretion without notice. The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is our exclusive property or our licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (m) use or access this Website for any purpose that is unlawful or prohibited by this Agreement; (n) use or access this Website in a manner that could damage, disable, overburden, or impair our server or the networks connected to any server; (o) interfere with any third-party’s use and enjoyment of this Website; or (p) attempt to gain unauthorized access to accounts, computer systems or networks connected to any server through hacking, password mining or any other means.
Use of certain features on the Website might be limited and/or require registration. We will review and determine, in our sole discretion, whether to accept your registration. We shall have the right, in our sole discretion, to refuse or restrict anyone from access to the Website(s) at any time for any reason. Upon acceptance of your registration, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Website.
We reserve the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify us immediately about any unauthorized use of your Password or any breach of security. You further agree that we shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than us.
Charges and Payment
In certain instances, we may charge a user, subscription or other fee. In those instances where a fee may be charged, we will notify you of the fee prior to your incursion of charges.
Cookies are alphanumeric identifiers that are transferred to your computer’s hard drive through your web browser. The help portion of the toolbar on most browsers will tell you to prevent your browser from accepting new cookies, but this may limit your ability to use some features of the Website. Cookies enable us to recognize your browser and provide features that are tailored to your needs.
You can set your preferences for how advertisers advertise to you by visiting the following pages:
Google’s & DoubleClick Ad Settings (http://www.google.com/settings/ads)
Network Advertising Initiative opt-out pages (http://www.networkadvertising.org/managing/opt_out.asp)
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our Website, products and services are all directed to people who are at least 13 years or older.
Third-party companies depicted in photographs or referenced herein may have proprietary interests in their trade names and trademarks and nothing herein shall be considered to be an endorsement, authorization or approval of the Motif or this Website by the companies. Further, none of the companies are affiliated with the Motif on Belden or this Website in any manner.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR SHAREHOLDERS, MANAGERS, MEMBERS, 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 OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT US, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Website shall be subject to the Motif Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that this Website(s) contains materials that constitute copyright infringement, please notify us in accordance with our Online Copyright Infringement Notification Policy.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, MANAGERS, MEMBERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS 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 WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
We shall have the right to terminate your access to, and use of, the Website immediately, if, in our sole discretion, we believe that your conduct fails to conform with this Agreement. We also reserve the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Website.
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 Website(s); and (b) as applicable, pay any amounts owed to us in full within thirty (30) days from the date of such termination.
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK OR DUPAGE COUNTY, ILLINOIS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our 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. We may assign our rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without our 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.
Gathering, Modifying and Removing Information
We may request and/or collect personal information on the Website that you might elect to provide to us (“Personal Information”) when, via the Website, you: (a) contact us; (b) use our services; and/or (c) send requests for information, questions, inquires, or comments to us. You are not required to provide Personal Information to access the Website. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to us or the Website; and/or (c) information regarding how you became aware of the Website.
If you would like to review, correct or remove your Personal Information, please contact us at the address listed below under “Contact Us.” We will then make all reasonable efforts to correct or remove your Personal Information from our active database.
Gathering Anonymous Information
We might collect non-personal and aggregate information about your and other users’ use of the Website, such as page hits, number of visits, web pages viewed and the length of visits to the Website (collectively, “Non-Personal Information”). We do not tie this Non-Personal Information to your Personal Information.
Use and Disclosure of Information
The Personal Information that you provide will be available to us, our agents, representatives and service providers and contractors, as appropriate, to be used to respond to your inquiries or questions about the Motif and for the purposes indicated or which may reasonably be inferred by your voluntary provision of such Personal Information and otherwise in connection with the conduct of our business and operations. This use may include periodic telephone calls and postal and email mailings from us about new products, services or upcoming events offered by us. We do not, however, sell or furnish Personal Information to unaffiliated third parties to use in advertising or promoting their products or services, without your permission.
We may also use your Personal Information, alone or in combination with the information submitted by other users, to improve Website’s navigation or infrastructure. Also, we may use Non-Personal Information to improve your experience on the Website and to enhance the Website.
We might disclose Personal Information and Non-Personal Information, if in our opinion such disclosure is required: (a) by law; (b) to protect and/or defend our rights; and/or (c) to protect the personal safety of any individual.
Communications and submissions over the Internet might not be secure. Please consider this fact before communicating or submitting any personal or confidential information through the Website.
357 W. Chicago, #100
Chicago, IL 60654
Attn: Ryan Storck
MOTIF POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Website (collectively, the “Submission”) will forever be our property and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. We will not be required to treat any Submissions as confidential (unless required by law or if we have agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. We retain the right to review, edit or delete from the Website any Submission which we in our sole discretion considers illegal, offensive, in violation of a third-party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to us recording any communication, electronic or otherwise, between you and us and retaining any information and data you submit while using the Website.
In using the Website, you may be permitted to communicate electronically with us by sending electronic mail to us; however, you acknowledge and agree that only general information or inquiries may be submitted to us via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to us via e-mail as we cannot be responsible for responding to any such communications.
We may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. We 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 we believe, in our sole discretion, that a violation of this Agreement has occurred, we 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. We will fully cooperate with any law enforcement authorities or court order requesting or directing us 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 US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, Ryan Storck, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to which Notification should be Sent:
33 Realty – Ryan Storck
357 W. Chicago, #100
Chicago, IL 60654
Telephone Number of Designated Agent: (773) 269-6411
Facsimile Number of Designated Agent: (312) 924-5988
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 Website, including its URL, so that we 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.
The contents of this Website constitute neither an offer to sell nor a solicitation of an offer to buy any security which can be made only by prospectus, filed or registered agencies, and sold only by broker/dealers authorized to do so.