TERMS OF USE
Welcome to the website (the "Site")
of The Fields, 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 services are 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 of the 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 The Fields
