The Smart Real Estate Investments, LLC website (“SMARTREALESTATE.COM”) is owned, operated, and maintained by Smart Real Estate Investments, LLC, an Illinois corporation (“SREI”). The SMARTREALESTATE.COM site/service(s) consists of an interactive suite of content, services, and product offerings. SMARTREALESTATE.COM may offer users of the SMARTREALESTATE.COM site/service(s):(i) information, software and other content created, owned or licensed by SREI, (ii) goods and services offered by SREI and independent merchants; and (iii) various registered user benefits.
SREI reserves the right, in its sole discretion, to terminate or limit your access to any or all of the SMARTREALESTATE.COM site/service(s) and related services (including but not limited to access to SMARTREALESTATE.COM electronic mail) or any portion thereof at any time, without notice.
You must be at least 18 years of age (or the age of legal majority in the jurisdiction in which you are located, if different) to access or view any part of the SMARTREALESTATE.COM site/service(s), to transact any business with SREI. As such, if you transact or attempt to transact any business with SREI, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SMARTREALESTATE.COM SITE/SERVICE(S) IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS IN YOUR JURISDICTION AND WITH THE STATED TERMS AND USAGE POLICIES HEREIN. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) (e.g., student accounts) to access the SMARTREALESTATE.COM site/service(s). Minors are prohibited from accessing the SMARTREALESTATE.COM site/service(s) without the supervision of an adult over the age of 18.
SMARTREALESTATE.COM site/service(s) is offered to you conditioned on your acceptance, without modification, of the terms and conditions contained herein. Your use of the SMARTREALESTATE.COM site/service(s) constitutes your agreement to all such terms and conditions. Your use of a particular section of the SMARTREALESTATE.COM site/service(s) included within the SMARTREALESTATE.COM site/service(s) may also be subject to additional terms as set forth in such section (“Additional Terms”).
In the event that any of the terms and conditions contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the SMARTREALESTATE.COM site/service(s), then these terms shall control.
SREI grants you a limited, non-exclusive, and revocable license to access and make non-commercial personal use of the SMARTREALESTATE.COM site/service(s) (“License” ). You may not download (including page caching) or modify it, or any portion of it, except with the express written consent of SREI. Notwithstanding, you may download individual items of Content (as defined below in this Terms of Use) from this site for personal viewing on your home or business computer provided that such is not made available for anyone other than you to view in any medium including a website, CD-ROM or any other means and under the condition that you shall take reasonable precautions to prevent any unauthorized copying of the Content from your computer. SREI reserves the right to limit the amount of Content downloaded. Commercial use of the SMARTREALESTATE.COM site/service(s), or any material located on it, is strictly prohibited. In addition, users of the SMARTREALESTATE.COM site/service(s) may not: (i) modify any of the Content found in any area of the SMARTREALESTATE.COM site/service(s); (ii) use any of the Content found in any area of the SMARTREALESTATE.COM site/service(s) for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the Content found in any area of the SMARTREALESTATE.COM site/service(s); or (iv) otherwise transfer any Content located in any area of the SMARTREALESTATE.COM site/service(s) to any other person or entity. SREI reserves the right to terminate this License at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or Content you have downloaded, printed or otherwise copied from the SMARTREALESTATE.COM site/service(s). SREI reserves all other rights coincident or related to the SMARTREALESTATE.COM site/service(s). This License does not include any derivative use of the SMARTREALESTATE.COM site/service(s) or its Content or any use of data mining, robots, or similar data gathering and extraction tools. As such, the preceding is specifically prohibited.
You may not frame or utilize framing techniques to enclose any Content trademark, logo, or other proprietary information (including images, text, page layout, or form) of SREI and/or its affiliates without express written consent of SREI. You may not use any meta tags or any other "hidden text" utilizing SREI’s name or trademarks without the express written consent of SREI. Any unauthorized use immediately terminates the permission or license granted by SREI.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SREI (www.SMARTREALESTATE.COM) so long as the link does not portray SREI, its affiliates, or their Content, products, or services in a false, misleading, derogatory, or otherwise offensive matter, as determined by SREI in the exercise of its sole discretion. You may not use any SREI logo or other proprietary graphic or trademark as part of the link without express written permission of SREI.
As a condition of your use of the SMARTREALESTATE.COM site/service(s), you may not use the SMARTREALESTATE.COM site/service(s) for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the SMARTREALESTATE.COM site/service(s) in any manner which could damage, disable, overburden, or impair the SMARTREALESTATE.COM site/service(s) (or the network(s) connected to the SMARTREALESTATE.COM site/service(s)) or interfere with any other party's use and enjoyment of the SMARTREALESTATE.COM site/service(s). You may not attempt to gain unauthorized access to the SMARTREALESTATE.COM site/service(s), other accounts, computer systems or networks connected to the SMARTREALESTATE.COM site/service(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content, materials or information through any means not intentionally made available to you through the SMARTREALESTATE.COM site/service(s).
All Content, Communication Services (as defined below), messages, and other communications contained at the SMARTREALESTATE.COM site/service(s) are intended for distribution exclusively to consenting adults of legal majority in locations where such Content, Communication Services, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country.
SREI reserves the right to change the terms and conditions under which the SMARTREALESTATE.COM site/service(s) are offered, including but not limited to the charges, where applicable, associated with the use of the SMARTREALESTATE.COM site/service(s) at any time. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the SMARTREALESTATE.COM site/service(s). Your continued use of the SMARTREALESTATE.COM site/service(s) constitutes your agreement to all such terms and conditions, as amended.
The SMARTREALESTATE.COM site/service(s) may contain e-mail services, bulletin board services, chat areas, new groups, forums, communities and/or other message or communication facilitates designed to enable you to communicate with other SMARTREALESTATE.COM site/service(s) users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Furthermore, the SMARTREALESTATE.COM site/service(s) does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the SMARTREALESTATE.COM site/service(s), either through Communication Services or otherwise, shall be deemed to be readily accessible to the general public. Visitors should not use the Communication Services or any other means available on the SMARTREALESTATE.COM site/service(s) to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the SMARTREALESTATE.COM site/service(s) can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
SREI has no obligation to monitor the content of the Communication Services. However, SREI reserves the right to review materials submitted to a Communication Service and to refuse to post or remove any materials which, in SREI’s sole discretion, are considered improper. SREI reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Materials submitted to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you view, print, or download the materials.
SREI reserves the right at all times to disclose any information as SREI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SREI’s sole discretion.
You understand and agree that, without prior notice and in SREI's sole discretion, your access to and use of the SMARTREALESTATE.COM site/service(s) may be terminated or suspended; and further, that SREI may also exercise any other remedy available and remove any unauthorized Content (as defined below), if SREI believes that your (or anyone using your computer, e-mail or password) use of the SMARTREALESTATE.COM site/service(s)or any Content you provided violates or is inconsistent with these terms and conditions, or violates the rights of SREI, another user or applicable law. Suspension or termination of your authorization to use the SMARTREALESTATE.COM site/service(s)also terminates your license, if any, to use any software or password provided by SREI. You acknowledge and agree that monetary damages may be insufficient to remedy violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without any requirement by SREI to prove damages or post a bond. Further, you agree that SREI is not required to refund to you any money you may have paid if you are terminated as a user or member.
In the event you are dissatisfied with the SMARTREALESTATE.COM site/service(s)for any reason whatsoever you may terminate this Agreement at any time. Your sole and exclusive remedy is to terminate your use of the SMARTREALESTATE.COM site/service(s)by providing notice to SREI customer support as provided for below. SREI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE SMARTREALESTATE.COM SITE/SERVICE(S) OR YOUR MEMBER ACCOUNT. THE PROVISIONS OF THIS AGREEMENT WILL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR ACCESS, WHETHER TERMINATED BY YOU OR SREI.
As indicated in USE OF SERVICES above, SREI does not exert any control over, does not monitor, and does not claim any ownership interest in the materials you submit to SREI or post or submit to the SMARTREALESTATE.COM site/service(s) (each a "Submission" and collectively "Submissions").
By submitting your Submission to SREI or by posting, uploading, inputting, or providing your Submission to the SMARTREALESTATE.COM site/service(s), you are granting SREI, its affiliated companies, successors, assigns and other necessary and/or proper third parties permission an irrevocable continuing right to perform any procedures and/or processes necessary and/or proper to the Submission in connection with the operation of SREI’s business operations including, without limitation, the rights to: copy, distribute, transmit, reproduce, make derivative works from and/or reformat your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
All trademarks on the SMARTREALESTATE.COM site/service(s) are registered trademarks of SREI, or its subsidiaries, in the United States and other countries or are common law trademarks or trade dress of SREI, or its subsidiaries. SREI’s trademarks and trade dress may not be used in connection with any product or service that is not SREI’s, in any manner that is likely to cause confusion among the relevant demographic community, or in any manner that disparages or discredits SREI. All other trademarks not owned by SREI or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SREI or its subsidiaries.
All SREI content that is made available to view and/or download in connection with the SMARTREALESTATE.COM site/service(s), including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, streaming video, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of SREI and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all SREI proprietary content on the SMARTREALESTATE.COM site/service(s) is the exclusive property of SREI and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of SREI and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Different sections of the SMARTREALESTATE.COM site/service(s) may have additional terms governing copyrights, please review those Additional Terms carefully.
Any reproduction or redistribution of SREI proprietary Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Send notifications to:
Daniel Liutikas, Esq.
Much Shelist
191 N. Wacker Drive, Suite 1800
Chicago, Illinois 60606
312-521-2424
dliutikas@muchshelist.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You will be assigned a unique user identification and password (“Password”). The correct Password allows you to access your personal account (“Account”). You may not disseminate your Password to any other person or entity. You are entirely responsible for any and all activities that occur under your Account. You agree to notify SREI immediately of any unauthorized use of your Account or any other breach of security. SREI will not be liable for any loss that you may incur as a result of someone else using your Password or Account, either with or without your knowledge. However, you will be held liable for losses incurred by SREI or another party due to someone else using your Account or Password. You may not use anyone else's Account at any time without the permission of the Account holder.
It is your responsibility to enter and maintain a valid email address in your account profile. The SMARTREALESTATE.COM site/service(s) communicates primarily with you via email, which includes but is not limited to confirmations, auto-renewal reminders, login reminders, and changes in service. SREI is not responsible for outdated or invalid email address or Spam filters put in place by you, someone on your behalf, by your internet service provider or any other means, which prevents successful transmission of important information. Email addresses can be updated by clicking "My Profile" at the top of any Service page upon successful login.
SREI and its affiliates attempt, in good faith, to be as accurate as possible with product and service descriptions. However, SREI does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered by SREI is not as described, your sole remedy is to return the product or discontinue the service as provided for on SMARTREALESTATE.COM.
The SMARTREALESTATE.COM site/service(s) may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of SREI and SREI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SREI is not responsible for webcasting or any other form of transmission received from any Linked Site nor is SREI responsible if the Linked Site is not working appropriately. SREI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SREI of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the SMARTREALESTATE.COM site/service(s) or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SREI shall not be responsible or liable for any part of any such dealings or promotions.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SMARTREALESTATE.COM SITE/SERVICE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SMARTREALESTATE.COM SITE/SERVICE(S) AND TO THE INFORMATION THEREIN. SREI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMARTREALESTATE.COM SITE/SERVICE(S) AT ANY TIME. ADVICE RECEIVED VIA THE SMARTREALESTATE.COM SITE/SERVICE(S), IF ANY, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SREI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SMARTREALESTATE.COM SITE/SERVICE(S) FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SREI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SREI SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SMARTREALESTATE.COM SITE/SERVICE(S). YOU SPECIFICALLY AGREE THAT SREI IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SREI IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SMARTREALESTATE.COM SITE/SERVICE(S) BY ANY THIRD PARTY.
SREI’S LIABILITY FOR DIRECT DAMAGES SHALL IN NO EVENT EXCEED A SUM GREATER THAN THE SERVICE FEE CHARGED TO YOU FOR THE PRECEDING TWO MONTHS PRIOR TO THE CAUSE OF CLAIM OCCURING. IN NO EVENT SHALL SREI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SMARTREALESTATE.COM SITE/SERVICE(S), WITH THE DELAY OR INABILITY TO USE THE SMARTREALESTATE.COM SITE/SERVICE(S) OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SMARTREALESTATE.COM SITE/SERVICE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SREI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SMARTREALESTATE.COM SITE/SERVICE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SMARTREALESTATE.COM SITE/SERVICE(S).
You agree to indemnify and hold SREI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the SMARTREALESTATE.COM site/service(s).
All disputes against SREI shall governed under the laws of the State of Illinois without regard to its conflicts of law principles and shall be submitted to the state and federal courts in Cook County, Illinois, U.S.A. By your use of the SMARTREALESTATE.COM site/service(s) you irrevocably consent to exclusive jurisdiction and venue in such courts. USE OF THE SMARTREALESTATE.COM SITE/SERVICE(S) IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS APPLICABLE LAW PARAGRAPH.
SREI reserves the right to disclose any personal information about you or your use of the SMARTREALESTATE.COM site/service(s), including its contents, without your prior permission if SREI has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SREI or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its users or others. SREI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SREI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SMARTREALESTATE.COM site/service(s) or information provided to or gathered by SREI with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SREI as a result of this agreement or your use of the SMARTREALESTATE.COM site/service(s).
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SREI with respect to the SMARTREALESTATE.COM site/service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SREI with respect to the SMARTREALESTATE.COM site/service(s).
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Smart Real Estate Investments, LLC
425 W North Ave
Chicago, Illinois 60610
info@smartrealestate.com