Terms of Service

Revised 10/17/06

The Terms of Use (“Terms”) set forth herein apply to use of the resources comprising the Internet Web site located at http://www.ChicagoCondosOnline.com (the “Web site”) owned, operated, licensed and controlled by Condominium Enterprises, Inc. (“Company”).

Read these Terms carefully; they govern your use of this Web site. These Terms are necessary to protect Company’s ability to provide a valuable service to Realtors/Loan Originators (LO’s) and their customers, and will be strictly enforced to the fullest extent of the law. Any violation of these Terms can result in your having to pay liquidated damages for breach of contract of up to $10,000. If, in Company’s opinion, any Term is violated, Company reserves the right to cancel the Services of the violator immediately, without notice and without further liability.

Note: With the exception of the Store (Shop), which is open to anyone, the only real-estate agents permitted to access this site are those whose managing brokers or lender partners pay to subscribe. The only loan originators permitted to access this site are those whose lenders subscribe. The only other real-estate professionals ( attorneys, appraisers, etc.) permitted to access this site are those who pay to subscribe. Violators are subject to a fine of $1,000 for each offense.

1. Acceptance

By accessing this Web site, you (“User”) agree to be bound by these Terms, which may be updated by Company without notice to User. Check these Terms periodically for changes. You can review the current Terms at: terms. Continued use of this Web site following the posting of changes to these Terms shall mean User has read and accepted such changes.

2. Accounts

User shall be issued one of two types of accounts: 1) Subscription Account, or 2) Guest Account, as defined below. Subscription Accounts are available to professionals engaged in real estate and to nonprofessionals who buy a subscription for the sole purpose of finding a condominium to buy or rent. Guest Accounts are available to registered customers and/or clients of Realtors/LO’swith Accounts.

User shall be issued a password and an Account. User is responsible for maintaining the confidentiality of the password, and is fully responsible for all activities that occur under User’s password. User agrees to immediately notify the Company of any unauthorized use of a password or of any other breach of the security of this Web site. Violator is subject to paying liquidated damages for breach of contract, as set forth in Section 5.

A. Subscription. A Subscription Account shall entitle Subscriber to:

A Subscription Account shall NOT entitle Subscriber to: Condominium Declarations or Advertising. Those two services are available upon payment of additional fees. (See transaction fees on Web site and advertising rates on Rate Card.)

B. Guest. A Guest is anyone who is not a real-estate professional who is currently registered as a Guest for the sole purpose of finding a condominium to buy or to rent.

Realtors/participating LO’s shall provide a Guest Account to anyone who is not a real-estate professional who requests access and who registers online by providing his/her real name and e-mail address. If a customer requesting access does not have Internet access, Realtor/LO may, using Guest’s name and Realtor’s/LO’s e-mail address, enable a Guest Account in order to provide printouts of Content to that customer.

A registered Guest shall be given free access by a Realtor/LO for at least ten (10) consecutive days. After the ten-day period, Realtor/LO may deny Guest further free access. After thirty (30) days, Realtor/LO may, or may not, require the customer to become a client in order to receive free access after the first 30-day period. After one year, Realtor/LO may request that Company renew a Guest’s free one-year access. There may be an additional charge to Brokerage/Lender for the second year of access, not to exceed $10 per customer per year.

Damages

Any real-estate professional who registers as a Guest to avoid paying for a subscription shall be subject to paying liquidated damages for breach of contract of $1,000 for each violation.

Any Subscriber who knowingly provides free access to a real-estate professional or to a customer whose free access has expired shall be subject to cancellation of service and to paying liquidated damages for breach of contract of $1,000 for each incident.

Restrictions on Guests

Users with Guest Accounts (“Guests”) shall not give access to the site to anyone. If a family member or attorney of a Guest wants to access the site, Guest may set up a temporary Guest Account. Guests may distribute one printout of relevant pages of Web Content, or one electronic file of up to six floor plans or six photographs, to those directly involved with their purchase or rent of a condominium. These include family members, Realtors, financial advisors, and attorneys. Guests may access, receive and distribute only those Association Documents for which they meet the qualifications set by the individual condominium association that produced the documents. Any Guest whose free access has expired and who registers under a different name and/or e-mail address to avoid paying for a subscription shall be subject to payment of liquidated damages of $1,000 for breach of contract.

Illegal Access

Anyone who uses another’s password to enter the site to avoid registering or subscribing is subject to payment of liquidated damages of $1,000 for breach of contract for each violation.

3. Restrictions on Use

Users with Accounts have a nonexclusive, nontransferable, revocable and limited license to access and use the Web site, and to print, download and distribute Content. All rights, including that of distributing previously purchased content, end when a User’s account expires or is terminated.

Limitations to Realtors/LO's on Distribution of Content:

	Web Page. Realtor/LO may print and distribute one printout (and no copies of an original printout) of any current Web page to any Guest.
	Floor Plan or Photograph. Realtor/LO may distribute one printout of any floor plan or photograph to any Guest, and may use any floor plan or photo on a listing sheet.
	Condominium Declaration. Realtor/LO may download and distribute two electronic pdf files of a Condominium Declaration: one to the buyer (who is a current registered Guest and has signed a purchase agreement), one to buyer’s attorney; or Realtor/LO may use an electronic file Realtor/LO or Realtor’s/LO’s Guest has paid for to print and distribute two hardcopies of a Declaration: one to the buyer (who is a current registered Guest and has signed a purchase agreement), one to buyer’s attorney. (Or Company will e-mail the declarations.) Realtor/LO may buy one Declaration for Realtor’s/LO’s own use. Realtor shall NOT distribute a Declaration downloaded from the site to any lender.
	Association Document. Realtor/LO may distribute one original printout or (if allowed by the association) one electronic file of any Association Document to any person who meets the qualifications set by the individual condominium association that produced the document (generally only a buyer who has signed a purchase agreement).

Access to Content

Realtor/LO shall not share content with, or aid in providing Web site access to, any person other than to Realtor’s/LO’s current Guests.

Reporting

User shall report to Company any known violations of these Terms by any person. User shall immediately report to Company any inaccurate information on the Web site of which User is aware. User shall not change or alter any Web Content or any content that has been downloaded from the Web site. User shall provide Company only information that is, to the best of the User’s knowledge, accurate. User shall provide the name and contact information of the owner of any data, photographs, floor plans, documents or other content User or User’s agents provide for publication on the Web site.

Publishing

Notwithstanding the right to print Content and to distribute Content to Guests, User shall not publish, nor aid in publishing, any Content that appears on this Web site (including floor plans, photographs, and documents) on any third-party Web site or networked computer environment, nor in any other medium, print or electronic.

Unless otherwise noted, all Web Content (including images, illustrations, designs, icons, photographs, and written and other materials) that are part of the Web site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. Except as provided by these Terms, and provided User keeps intact all copyright and other proprietary notices, no Web Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.

4. Cooperation

Realtor shall allow Company to receive and publish on its Web site Realtor’s active listings from the Multiple Listing Service of Northern Illinois, Inc., and all attached content (including photos). Participating Realtor may publish, on Realtor’s Web site, the co-branded logo provided by the Company.

5. Violations

In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give Company the right to immediately suspend or cancel Services and Accounts without notice, without further liability, and/or to collect from the user up to Ten Thousand Dollars ($10,000) in liquidated damages for breach of contract.

6. Privacy

Neither Company, nor Brokerage, nor Realtor, nor Lender, nor LO shall sell or rent or otherwise provide User’s e-mail address to any other company. Company shall use User’s e-mail address to offer only products or services that Company itself provides involving the current transaction.

7. Indemnity

User shall indemnify and hold Company harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including, without limitation, defense costs and attorneys’ fees arising from or related in any way to (i) Content provided by User; (ii) any claim which, if proved, would breach any representation of User; and (iii) any and all third-party claims arising out of any content submitted by User or transmitted through this Web site by User.

8. Termination

These Terms are effective as of the first date materials from the Web site are accessed by User (the “Effective Date”) and shall continue in effect until User’s Account is terminated by either party.
Company may, at its sole discretion, and at any time, discontinue providing the Web site, or any part thereof, with or without notice. User agrees that any termination of its access to the Web site under any provision of these Terms may be effected without prior notice. User acknowledges and agrees that Company may immediately deactivate or delete User’s Account and all related information and files in User’s Account. Further, User agrees that Company shall not be liable to User or to any third party for any termination of User’s access to this Web site.

9. Jurisdiction

The Content on this Web site is presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. The Web site is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that Content on this Web site is appropriate, or available, for use in other locations. Those who access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws.

10. Disclaimer

The Content on this Web site is provided “as is” and without warranties of any kind. Company makes no guarantee about the accuracy or completeness of the Content. Whenever the Company is notified in writing (including e-mail) of the specifics of inaccurate information, Company shall use commercially reasonable efforts to correct any such inaccuracy within twenty-four (24) hours of receipt of such notice. Company does not warrant that the functions of the Web site will be uninterrupted or error free or that the Web site or the servers will be free of viruses or other harmful components.

11. Limitation of Liability

Under no circumstances shall Company be liable for any special, consequential or incidental damages that result from the use of or inability to use the Web site.

12. Links to Outside Services

Company does not control the availability or content of outside sites and services to which User can link from this site. Any concerns regarding any such site or service, or any link thereto, should be directed to the particular site or service.

13. Miscellaneous

These Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois. User agrees that any action at law or in equity arising out of or relating to these terms shall be litigated only in the state or federal courts located in Cook County, Illinois, and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.