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User Agreement
The following are the terms and conditions of a legal agreement
between you and Classic Residence Management Limited Partnership,
an Illinois limited partnership d/b/a Vi, and its affiliates
(collectively, Vi, we or us) BY ACCESSING, BROWSING AND/OR USING
THIS WEBSITE (THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO
COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT
AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE. The material
provided on this Website is protected by law, including but not
limited to the United States Copyright Law and international
treaties. This Website is controlled and operated by Vi from its
offices within the State of Illinois, United States of America. Vi
makes no representation that materials in this Website are
appropriate or available for use outside of the United States of
America, and access to them from territories where their contents
are illegal or otherwise regulated is prohibited. Those who choose
to access this Website from other locations do so on their own
initiative and are responsible for compliance with applicable local
laws.
- Content. Nothing in this website is intended
to modify, amend and/or supercede the terms of any residency
agreement.
- Incorporation of the Privacy Policy. Certain
features available at or through this Website may invite you to
provide certain information to Vi. For example, you may elect to
provide us with certain identifying information about you,
including but not limited to your name, age, street address,
telephone number, e-mail address, fax number, company name, title,
and other personally identifiable information. In addition, Vi may
collect certain non-personally identifiable information about you
and about the equipment and communications method that you use to
access the Internet and this Website. All of this information is
subject to Vi Privacy Policy, which can be accessed from the
Website. The Privacy Policy is hereby incorporated into these Terms
of Use as if fully set forth herein.
- Restrictions on Use of the Website. The
copyright in all material provided on this Website is held by Vi or
by the original creator of such material. Except as otherwise
expressly stated herein, none of the material provided on this
Website may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including without limitation electronic, mechanical,
photocopying, recording or otherwise, without the prior written
permission of Vi or the copyright owner. Permission is hereby
granted to you to visit, view and retain a single copy of the pages
of the Website for your own internal use and/or to send a single
copy of one (1) individual page of the Website to a third party for
the sole and limited purpose of informing that person about the
services offered by Vi; provided, however, that you will use such
copies of the Website in accordance with the terms set forth in
these Terms of Use, and you will use your best efforts to ensure
that any party to whom you send a page of the Website uses such
page in accordance with these Terms of Use. This permission
terminates automatically if you breach any of these Terms of Use.
Upon termination of this permission, you must immediately destroy
any copied or printed materials from this Website. In no event may
you duplicate, download, publish, modify or otherwise distribute
any material from the Website for any purpose other than those
expressly provided for herein without the express written consent
of Vi. You further agree that you will not create, post, display,
publish or distribute any hyperlink to any page of the Website
other than the Websites home page, unless specifically authorized
to do so in writing by Vi. You agree not to frame the content of
the Website at any other website for any purpose or in any manner
unless specifically authorized in writing to do so by Vi. Any
unauthorized use of any material contained on this Website may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
- Website Security. You acknowledge and agree
that you will not violate, or attempt to violate, the security of
the Website. Accordingly, you agree that you will not (i) access
any data or materials located on the Website which, by their
nature, are not reasonably intended for your use or access, (ii)
log into any server or user account associated with the Website
which you are not authorized to access, (iii) transmit or relay
through the Website or any associated server any spam or other
broadly disseminated unsolicited e-mail, or use the Website or any
associated server to spoof or otherwise disguise or conceal the
identity of the party originating any e-mail, (iv) use the Website
for any fraudulent or illegal purpose, (v) use the Website or any
associated server to e-mail, upload or otherwise transmit any
image, material or information which is unlawful, defamatory,
tortious, libelous, harassing, sexually explicit, obscene, or
otherwise objectionable to any racial, ethnic or other group, (vi)
probe, scan or test the Website or any associated server, or
attempt to probe, scan or test the Website or any associated
server, to assess its security features and procedures or to
analyze security or authentication measures without proper
authorization, or (vii) interfere with, or attempt to interfere
with, any third party use of the Website or any associated server,
including without limitation any introduction of a virus or other
computer program routine or engine that is intended to damage,
destroy, disrupt or otherwise impair the Website or any associated
server or network, and any effort to crash or disrupt the Website
or any associated server or network by means of a volume of service
requests in excess of the capacity of the Website or any associated
server or network. Violation of a computer system or network
security may result in civil or criminal liability. Vi reserves the
right to investigate occurrences which may involve such violations,
and to report such violations to appropriate law enforcement
authorities.
- Restriction on Spidering. Vi strictly
prohibits the use of any tools, programs, robotic algorithms or
products to automatically download or spider the Website or any of
the pages of the Website. Any such use constitutes an infringement
upon the intellectual property rights of Vi and its licensors.
Accordingly, you acknowledge and agree that you shall not engage in
any such conduct.
- Submissions. Any messages, notes, suggestions
or other material which you may submit to Vi through or in
connection with the Website (Submissions) will become the exclusive
property of Vi. Accordingly, you acknowledge and agree that Vi
shall have the right to publish any Submissions for any purpose,
including without limitation promotional and advertising purposes,
in accordance with the terms of the Privacy Policy, without
compensation to you of any kind. In addition, you agree that (i)
you will not transmit any Submission to Vi which infringes upon the
rights of any third party, (ii) any Submission that you transmit to
Vi shall be truthful, accurate, not misleading, not in violation of
any third party rights, offered in good faith, and not
confidential, and (iii) to the extent that any Submission which you
transmit to Vi shall include any copyrightable material, you
represent and warrant that you are the owner of such copyrightable
material or have the right to grant Vi a license to use such
copyrightable material, and you hereby grant to Vi a perpetual,
irrevocable, royalty-free and worldwide license to use, reproduce,
modify, publish, edit, translate, distribute, perform, display and
create derivative works of such Submission in any media or medium,
and in any form, format or forum now known or hereafter developed.
Vi shall have the right to sublicense such rights through multiple
tiers of sublicenses.
- Copyrights and Trademarks. All content,
materials, images and other copyrightable material on the Website,
including without limitation text, graphics, button icons,
audioclips and software, are the property of Vi, its sponsors or
business affiliates, and their respective licensors, and are
subject to U.S. and international copyright laws. Except to the
extent expressly permitted under applicable copyright law, no
copying or exploitation of the material from the Website is
permitted without the express written permission of Vi. You
acknowledge that you do not acquire any ownership rights in any of
such copyrightable material by virtue of having downloaded such
material from the Website. All copyrights not expressly granted
hereunder are expressly reserved to Vi. All trademarks, service
marks, logos and trade names used on this Website are proprietary
to Vi or other respective owners that have granted Vi a right and
license for such use, and are protected by U.S. and international
trademark laws. Vi is a registered trademark of Classic Residence
Management Limited Partnership. In countries where any of the
trademarks, service marks, logos and trade names used on this
Website are not registered, Vi claims other rights associated with
unregistered trademarks, service marks, logos and trade names. No
user of this Website is granted any rights to such trademarks,
service marks, logos or trade names.
- CERTAIN DISCLAIMERS. ACCESS TO THE WEBSITE, AND ALL MATERIAL,
CONTENT AND SERVICES PROVIDED AT THE WEBSITE, ARE PROVIDED ON AN AS
IS BASIS. ACCORDINGLY, VI HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE
MATERIALS, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT,
EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. VI DOES NOT
WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED AT THE WEBSITE
WILL BE ENTIRELY ACCURATE OR RELIABLE, OR THAT THE WEBSITE WILL BE
UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. VI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE WEBSITE OR RESULTS WHICH MAY BE OBTAINED
FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE
WEBSITE BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU IN WHOLE OR IN PART. THIS WEBSITE MAY CONTAIN LINKS TO
OTHER WEBSITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY VI.
THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THIS WEBSITE,
AND SHOULD NOT BE CONSTRUED AS VI's SPONSORSHIP OR ENDORSEMENT OF
ANY SUCH LINKED WEBSITE. VI DOES NOT MONITOR THE CONTENT OF ANY
SUCH WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH
WEBSITES. ACCORDINGLY, USERS OF THIS WEBSITE USE SUCH LINKS AT
THEIR OWN RISK. IN ADDTION, WHILE VI ENDEAVORS TO PROTECT THIS
WEBSITE FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES
OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, VI
CANNOT PROVIDE ANY ASSURANCE THAT THE WEBSITE WILL REMAIN FREE OF
INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF
THIS WEBSITE ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS
FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS,
ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THIS
WEBSITE EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD VI HARMLESS FROM
ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH
USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH
DESTRUCTIVE CODE AT THIS WEBSITE.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES,
INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL VI
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR RESULTING FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OPINIONS PROVIDED ON
THIS WEBSITE, OR THE USE, OR THE INABILITY TO USE, THIS WEBSITE,
EVEN IF VI OR AN AUTHORIZED REPRESENTATIVE OF VI SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT VI IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU
ARE DISSATISFIED WITH THIS WEBSITE OR WITH THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS
OF USE, IN NO EVENT SHALL VI's TOTAL LIABILITY TO YOU FOR ANY
DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS
($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify and
hold Vi, its affiliates, and their respective employees,
contractors, officers, directors, and agents (the Indemnified
Parties) harmless from and against any loss, cost, damage,
liability or expense which any of them may suffer or incur as a
result of your use of this Website in violation of these Terms of
Use, or your infringement of any intellectual property right of any
third party.
- Procedure for Making Claims of Copyright
Infringement. If you believe that you have a claim of
copyright infringement based upon any material accessible on or
through this Website, notice of such claim should be submitted in
writing to Vi designated copyright agent as follows:
Vi
Attn: Webmaster
71 South Wacker Drive
Chicago, Illinois 60606
E-mail: webmaster@viliving.com
With a copy to:
Vi
Attn: General Counsel
71 South Wacker Drive
Chicago, Illinois 60606
- Miscellaneous Provisions. Vi reserves the
right to change these Terms of Use at any time without notice.
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Illinois, without giving effect to
any principles of conflicts of law. If any provision hereof shall
be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use, and
shall not affect the validity and enforceability of any remaining
provisions hereof. The rights to use this Website granted to you
hereunder are personal to you and are not subject to transfer or
assignment. Any claim relating to this Website or its use shall be
subject to the exclusive jurisdiction of the federal and state
courts located in Illinois, and by your use of this Website you
submit yourself to the personal jurisdiction of such courts.
Last revised: July 2010
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