the resources comprising the Internet Web site located at
http://www.ChicagoCondosOnline.com (the “Web site”) owned, operated, licensed
and controlled by MRED, LLC (“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.
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.
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
||Unlimited access to all content
on the Web site (the “Web Content”), including Web pages, floor plans, and all
documents made available and authorized by a condominium association
(“Association Documents”), downloadable in Adobe “.pdf” format.
||The right to display Brokerage's
logo alongside Company’s logo (“Co-Branding”).
||Self-creating accounts for
customers who register as Guests (“Guest Accounts”).
||Use of Personal Information
||Creation of a Guest Home Page
& To-Do List for each guest, and a Quick Comparison Chart™ for up to
ten (10) buildings, for each Guest.
||A twenty-percent (20%) discount
on the published advertising rate for Brokerage/Lender and for all
||A twenty-percent (20%) discount
on transaction fees charged to download Condominium Declarations.
||First choice of ad placement.
Brokerage/Lender and each Realtor/participating LO shall be offered preferred
ad placement based on two factors: 1) the number of Realtors/participating LO’s
at that Brokerage/Lender; and 2) Effective Date of the Agreement
||A profile page for each
Brokerage/Lender and for each Realtor/participating LO, with Internet
hyperlinks from any active units listed on that page to more-detailed listings
on Web site of Brokerage or of Realtor, or to an e-mail addressed to Realtor.
||Preference (over similarly
qualified Realtors without a Subscription Account) when buying a designation as
a Condominium Specialist or a Neighborhood Specialist (as defined in the
advertising rate card).
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.
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.
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
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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