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Terms and Conditions
GENERAL TERMS AND CONDITIONS
The following StorefrontListings.com Terms of Service Agreement is a
legal agreement between you, the end user customer ("Customer") and
StorefrontListings.com, Inc. ("StorefrontListings.com" or the "Company"). The Terms and Conditions of the use of the StorefrontListings.com website and StorefrontListings.com's
Privacy Policy are incorporated herein by reference.
THE STOREFRONTLISTINGS.COM SERVICES (INDIVIDUALLY AND COLLECTIVELY) ARE OFFERED BY STOREFRONTLISTINGS.COM TO CUSTOMER AND ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY STOREFRONTLISTINGS.COM, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
This Terms of Service Agreement (the "Agreement") governs the Customer's use of StorefrontListings.com Web site
Proprietary Rights
StorefrontListings.com and all components of the StorefrontListings.com web site including without limitation, property, images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials contained in the StorefrontListings.com ("Proprietary Items") are provided on a strictly limited use basis. All rights, including
without limitation, Intellectual Property Rights (defined below), title,
and interest lie exclusively with StorefrontListings.com. No title, Intellectual
Property Rights or other ownership rights to the StorefrontListings.com
are transferred to Customer pursuant to this Agreement. Customer
acknowledges that the restrictions in this Agreement are reasonable and
necessary to protect StorefrontListings.com's legitimate business interests.
Intellectual Property Rights means all intellectual property rights
(throughout the universe, in all media, now existing or created in the
future, for all versions and elements, in all languages, and for the
entire duration of such rights) arising under statutory or common law,
contract, or otherwise, and whether or not perfected, including without
limitation, (a) all rights associated with works of authorship including
without limitation copyrights, moral rights, copyright applications,
copyright registrations, synchronization rights; (b) rights associated
with trademarks, service marks, trade names, logos, trade dress, and the
applications for registration and registrations of trademarks and
service marks; (c) rights relating to the protection of trade secrets
and confidential information; (d) rights analogous to those set forth in
this definition and any and all other proprietary rights relating to
intangible property; and (e) divisions, continuations, renewals,
reissues, and extensions of the foregoing (as and to the extent
applicable) now existing, later filed, issued, or acquired.
Entire Agreement
This Agreement, as it may be amended from time to time, constitutes the
entire agreement between Customer and StorefrontListings.com and governs Customer's use
of the StorefrontListings.com. If any part of this Agreement is held
invalid or unenforceable, StorefrontListings.com may terminate the Agreement.
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Governing Law
The laws of the State of Illinois, without regard to conflict-of-laws
rules, govern this Agreement and Customer's use of the StorefrontListings.com. Customer expressly agrees any disputes or claims arising out of
this Agreement will be adjudicated by a court of competent jurisdiction
located in Cook County, Illinois.
Assignment
This Agreement, and all licenses, rights and obligations under this
Agreement, may be assigned by StorefrontListings.com. This Agreement, and all licenses,
rights and obligations under this Agreement, may not be assigned by
Customer without the prior written consent of StorefrontListings.com, which consent
shall not be unreasonably withheld. Any attempted assignment in
violation of this Assignment Section shall be void. Without limiting the
generality of the foregoing sentence, this Agreement and all of the
provisions in this Agreement shall be binding upon and inure to the
benefit of the successors in interest and assigns of StorefrontListings.com and
Customer.
LISTING POLICIES AND GUIDELINES
Please familiarize yourself with StorefrontListings.com's Listing Policies and
Guidelines (the "Listing Policies") prior to entering a property listing
on the StorefrontListings.com website. All listings are subject to the Listing
Policies.
Listing Review
All listings entered on StorefrontListings.com may be subject to review by StorefrontListings.com company personnel ("Listing Review") prior to becoming available for full viewing online. StorefrontListings.com reserves the right, but not the obligation, to review any listing entered by Customer on StorefrontListings.com. Although Customer's listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and StorefrontListings.com's Terms and Conditions. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates StorefrontListings.com's Terms and Conditions.
By entering listings on StorefrontListings.com, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content.
Customer acknowledges that StorefrontListings.com cannot police or control all of the content provided by Customer(s) that is made available on StorefrontListings.com.
Listings that violate any of the Listing Policies stated herein will not
receive Listing Review approval for active posting on StorefrontListings.com until the issue in question has been addressed. When conducting Listing Review,
new listings added to StorefrontListings.com are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information),
Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established, Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review,
the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate
revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Customer fails to respond to the communication from Listing Review, StorefrontListings.com in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Required Fields
All fields noted by an asterisk (*) are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical
will be removed from the site until valid content is entered in the Required Fields.
Address Fields
All Address fields on StorefrontListings.com including Address, City, State and Zip
Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. StorefrontListings.com reserves the right to remove any and all
property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.
Property Description
Property descriptions are for the description of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not StorefrontListings.com members is strictly prohibited in this
section. This type of information in the Property Description field will be removed from the listing and the lister will receive an email informing them of the change. Habitual violations of this policy will result in StorefrontListings.com's removal of all of such Customer's active listings on the Service until all such content has been appropriately rectified.
Pricing
A valid Sales Price in the Price field for the listed property is
required for all StorefrontListings.com Sales Listings and a valid Rental Rate for each
space is required for all StorefrontListings.com Lease Listings. StorefrontListings.com
reserves the right to remove all listings that are
deemed to have invalid prices or rental rates including any listing with
$0 listed in Lease Rate or Sales Price fields.
Commercial Property
StorefrontListings.com is a web site for commercial real estate. Listing of
single-family residences is prohibited on the StorefrontListings.com website. Any
listing deemed to be a single-family residence will be removed from the
system during the listing approval process and an email will be sent to
the Customer stating that the property has been identified as a single
residential property.
Confidential Listings
Listings that post "Confidential", "Call broker", "Undisclosed", "Withheld" or any other similar verbiage in any required field including Address1, City Name, Property Name or Property
Description are prohibited. All content of this type will be removed from Basic listings prior to approval for viewing by searchers on the StorefrontListings.com site. Habitual abuse of this policy may lead to the removal of all the lister’s active listings, from the site. Duplicates: Property Listings
StorefrontListings.com prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. Office condos with the same physical address are exempt as long as a
unit number is included in the address field. Land parcel listings are excluded as long as the sum total of all individual parcels listed does not exceed the total acreage available at the physical site. StorefrontListings.com reserves the right to remove any and all properties that are determined
to be duplicates with or without contacting the lister. Customers may, however, list a property for sale and for lease at the same time.
Space Listings
StorefrontListings.com prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. StorefrontListings.com provides minimum divisible/maximum contiguous options for divisible space. Total space available in a building cannot exceed the total square footage of the building. StorefrontListings.com reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the lister.
Use of Photographs
Building photographs posted, attached, or affixed to listings must be actual photographs
of the building being listed. All such photographs must be either (a) the property of the
Customer or (b) the Customer must have received all necessary rights and authorizations,
including from the photographer and/or copyright owner of any photographs, to publish
such photographs on the Customer's website or on StorefrontListings.com's website for the
purpose of advertising the subject property. Photographs uploaded that are not directly
related to the building or property being listed, including brokerage company logos, may
be removed at the discretion of StorefrontListings.com.
Prohibited Conduct
Customers are advised to refrain from engaging in the conduct specified
in this section, as it is not permitted on the StorefrontListings.com Service.
"Billboard" Listings
Listings on StorefrontListings.com are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes
("Billboard Listings"). All listings for properties already sold or off-market will be removed.
Offensive Language
Use of profanity or vulgar language in any section of the StorefrontListings.com database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Customers posting such language
to the StorefrontListings.com web site may be subject to disciplinary action, including
indefinite suspension of a Customer's account, temporary suspension or a formal warning.
LISTING POLICY & GUIDELINES
The submission of information to, and use of, the real estate listing
service ("Service") available through the StorefrontListings.com web site is subject to
the following terms and conditions. BY SUBMITTING INFORMATION to, or
accessing information from, the Service, YOU, the end user customer
("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms
and Conditions are a legal agreement between you and StorefrontListings.com, Inc.
("StorefrontListings.com" or the "Company"). You also agree to the StorefrontListings.com Listing
Policy & Guidelines (the "Listing Policies") available by hyperlink at
the top of this page.
If you do not agree to these Terms and Conditions and to the Listing
Policies, do not submit information to, or access information from, the
Service. All questions concerning this Agreement should be directed to:
Chief Financial Officer, StorefrontListings.com, Inc 1733 N. Rockwell St. Chicago , IL 60657 . StorefrontListings.com may update these terms and conditions
at any time and without notice. The latest version of the terms and
conditions is available on the StorefrontListings.com website.
Customer Privileges
Customer privileges are granted by StorefrontListings.com to individuals exclusively
and are granted specifically to the subscribing registered customer only.
Customer rights cannot be assigned, sublicensed, distributed, shared,
viewed, accessed, or otherwise transferred to anyone other than the
registered customer without the express written permission of StorefrontListings.com.
StorefrontListings.com requires that each registered user maintain a valid email
address and a password, which shall be utilized for logging on to the
StorefrontListings.com system. Customers are not permitted to share their individual
logon information with others. StorefrontListings.com has the right to refuse service
to any member that refuses to abide by the terms and conditions herein
or abuses their rights related to the StorefrontListings.com service.
StorefrontListings.com utilizes email as a vital and primary communication channel with
customers. As a registered user, Customers hereby acknowledge and grant
StorefrontListings.com the permission to communicate with customers via email (as well
as other communication channel such as phone and fax) for any purposes
StorefrontListings.com determines to be relevant including, but not limited to, system
messages, product updates, service announcements and other marketing
messages. StorefrontListings.com will use best efforts to honor customers request to
opt out of marketing messages, but under no circumstances will StorefrontListings.com
have any liability for sending any email to its registered
users/customers.
Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs,
financial, contact or other information contained in each Property's
data to StorefrontListings.com unless the Customer has received all necessary rights
and authorizations, including from the photographer and/or copyright
owner of any photographs, to publish and advertise the Property on the
Customer's website or on StorefrontListings.com's website. Specifically, Customer will
not submit a photograph if Customer received the photograph from a third
party information provider under the terms of a license that does not
allow posting of such photograph on the StorefrontListings.com website. The Company
may, in its sole discretion but without any obligation to search for
such, remove Properties that are alleged to have been submitted in
violation of this provision. In addition, the Company may require
additional evidence of compliance with this provision from Customers who
are alleged to have submitted Properties or other information in
violation of this Agreement. The Company will, in its sole discretion,
terminate the accounts of, and refuse service to, any Customer who
repeatedly or knowingly violates this Agreement. Additionally, the
Customer agrees to allow the Property listing, or any part of it, to be
searched, displayed, accessed, downloaded, copied, and otherwise
referred to by users of the Customer's website or the StorefrontListings.com website.
The Company shall have the sole authority to choose the manner in which
any Property will be searched, displayed, accessed, downloaded, copied,
and otherwise used on the StorefrontListings.com website and Company shall have the
right to modify the property listing in the exercise of its rights under
this Agreement. The Customer (a) represents and warrants that all
Properties and associated information provided by the Customer will be
accurate; (b) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times.
The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the
Properties posted on the Customer's website or on the StorefrontListings.com website.
The Company accepts no responsibility for checking the accuracy of
reports or data files submitted by the Customer. While the Company shall
take all reasonable efforts for data backup and business resumption, the
Customer will be solely responsible for retaining back-up copies of all
information, photographs and other materials it provides to StorefrontListings.com.
Use of Information
Customer agrees to treat all information obtained from the Service,
including listings, member directory, and any information otherwise made
available to Customer in the Service ("Content") as proprietary to
StorefrontListings.com. StorefrontListings.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
Customer may access the listings in the Service solely to obtain initial
information from which further evaluation and investigation may
commence. Customer shall limit access to and use of listings to personal
and internal use, and shall not use listings obtained from the Service
for further distribution, publication, public display, or preparation of
derivative works or facilitate any of these activities in any way.
Customer shall not use or reproduce any Content that is obtained from
the Service, or that is otherwise made available to Customer in the
Service, for or in connection with any other listing service or device.
Customer further shall not use the Service in any other manner for or in
connection with any other listing service or device. Customers violating
these specific terms, specifically those customers searching the Service
in an abusive or excessive manner, by automated or manual means, shall
be subject to an excessive use fee of $500.
Payment Terms
Customer agrees to pay for all products ordered through the StorefrontListings.com web
site or via the Client Services using the payment method indicated and
provides StorefrontListings.com express authorization to charge said fees to their
payment provider. Fees owed depend on the specific type and quantity of
StorefrontListings.com products, services, information, or deliverables (collectively"Deliverables") ordered. Payment of fees shall not be contingent on any
events other than the delivery of the ordered Deliverables. Any attorney
fees, court costs, or other costs incurred in collection of delinquent
undisputed amounts shall be the responsibility of and paid for by
Customer. If payment is not current, StorefrontListings.com may immediately cease to
provide any and all Deliverables to the customer. The fees paid for
subscriptions are non-refundable, regardless of whether the
subscription is terminated prior to the end of the term. No partial term refunds will be
provided. Subscriptions require 90day minimum service term. Customers
will be responsible for the full subscription list price for the initial
90 day term. Subscriptions will automatically renew unless Customer contacts
StorefrontListings.com in writing or by calling Client Services 30 days prior to the renewal
date and indicates its intent to cancel its subscription. Customer may
cancel their StorefrontListings.com subscription by emailing Client Services
(Help@StorefrontListings.com.com) or leaving a voicemail cancellation request
(1-773-259-9353) All cancellation requests will be processed within ten
(10) business days, and a cancellation confirmation will be emailed to
the email address on record for the account. The Company reserves
the right to change its fees or billing methods at any time. The Company
will provide timely notice to the affected Customers of any such
changes. It is the Customer's responsibility to promptly provide the
Company with any contact or billing information changes or updates
(including email address, credit card numbers, etc.).
Unsolicited Commercial Email (Spam)
Email Service
StorefrontListings.com prohibits the use of our system or its tools to generate or send
unsolicited commercial email (spam). Customers may not use the Email services that StorefrontListings.com offers to send spam (i.e. unsolicited commercial email) or otherwise
send content that would violate these Terms and Conditions. StorefrontListings.com has
the right to revoke the privileges of any customer or company that
breaches these terms.
Ownership and License Grant
StorefrontListings.com retains all rights (including intellectual property rights),
title and interest in the StorefrontListings.com Web site, technology and brochures, and database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not
and will not allow others to: reverse engineer, decompile, disassemble,
merge, copy, use, disclose, sell or transfer the underlying source code
or structure or sequence of StorefrontListings.com's technology or delete or alter
author attributes or copyright notices. Customer shall use the StorefrontListings.com
system solely for their own use and shall not allow others to use the
StorefrontListings.com system under or through that Customer's login ID/email and
password.
Limitation of Liability and Indemnification
IN NO EVENT SHALL STOREFRONTLISTINGS.COM BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR
OF DATA , OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT.
Customer's exclusive remedy, and StorefrontListings.com's entire liability under this
Agreement shall be a refund to Customer of the fees paid to StorefrontListings.com
hereunder, and in no event will StorefrontListings.com's liability for any reason
exceed such fee. StorefrontListings.com (and its officers, directors, employees and
agents) shall not be liable for any damages whatsoever arising from
Customer's use of the Deliverables, and Customer shall indemnify StorefrontListings.com
(and StorefrontListings.com's officers, directors, employees and agents), and hold each
of them harmless from and against any and all costs, damages or losses
by any of them (including, without limitation, reasonable attorneys'
fees) as a result of a claim by any person other than Customer arising
from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. STOREFRONTLISTINGS.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS
OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY
REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT
DEFECTS, AND STOREFRONTLISTINGS.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by
parties other than StorefrontListings.com, Inc. and its subsidiaries which are beyond
StorefrontListings.com's control. Parties other than StorefrontListings.com may provide services or
sell product lines on this site that take you outside of our service.
This includes links from advertisers, sponsors, and content partners
that may use StorefrontListings.com's logo(s) as part of a co-branding relationship.
For example, if you click on a banner advertisement the click may take
you off the StorefrontListings.com site. StorefrontListings.com does not control, is not responsible
for examining or evaluating, and does not warrant the offerings of, any
of these businesses or individuals or the content of their web sites.
StorefrontListings.com does not assume any liability for the actions, product, and
content of all of these and any other third parties. StorefrontListings.com makes no
representations and cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material on
such third party web sites. When you click on a link that leaves the
StorefrontListings.com site, the site you will land on is not controlled by StorefrontListings.com and
different terms of use and privacy statements may apply. StorefrontListings.com also
does not assume, and expressly disclaims, all liability for any viruses,
worms, Trojan horses, defects, or other malfunctions caused by,
resulting from, existing within, or in connection with such third party
sites and any links thereto.
Other Rights of StorefrontListings.com, Inc.
Customer agrees that StorefrontListings.com shall have the right to use Listings and
other information submitted to it for any purpose, including without
limitation for publication of all or part of such Listing on the
Internet for unrestricted use by StorefrontListings.com customers and partners. StorefrontListings.com
shall have sole authority to choose the manner in which any Listing will
be received, displayed and used by the Service, and reserves the right
to remove all or any part of a Listing or refuse Services to anyone at
any time in its sole discretion. StorefrontListings.com shall have no obligation to (i)
resolve disputes among users of the Service; or (ii) monitor or verify
the accuracy or proper use of the Listings. StorefrontListings.com reserves the right
to modify or change any and all terms and conditions at any time. The
most current copy of these terms and conditions will be posted and
available for review on StorefrontListings.com's corporate web site, located at
http://www.StorefrontListings.com.
Copyright Complaints
If you believe that your work has been copied onto StorefrontListings.com in a way that
constitutes copyright infringement, please provide StorefrontListings.com's copyright
agent the written information specified below. Please note that this
procedure is exclusively for notifying StorefrontListings.com that your copyrighted
material has been infringed.
- An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed upon;
- A description of where the material that you claim is infringing
is located on StorefrontListings.com, with identifying information for the listing, if
applicable;
- Your address, telephone number, and e-mail address;
- A statement by you 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.
Address for StorefrontListings.com's copyright agent:
1733 N. Rockwell St. Chicago , IL 60657
Attn: Dennis Wolfe
Miscellaneous
The Deliverables provided by StorefrontListings.com shall be governed by the laws of
the State of Illinois , without reference to conflict of laws
principles. The parties hereby consent to the exclusive jurisdiction and
venue of the State and Federal courts of Cook County , Illinois .
If any provision of this Agreement is found to be invalid or
unenforceable by a court of competent jurisdiction, such provision shall
be severed from the remainder of this Agreement, which shall remain in
full force and effect. This Agreement shall be binding upon and shall
inure to the benefit of the parties and their respective successors and
permitted assigns. The rights under this Agreement or any license
granted hereunder may not be assigned, sublicensed or otherwise
transferred by Customer without the prior written consent of StorefrontListings.com,
which retains the right to withhold consent in its sole discretion. The
terms and conditions of this Agreement constitute the entire agreement
between the parties and supersede all previous agreements and
understanding, whether oral or written, between the parties hereto with
respect to the subject matter of this Agreement. All notices to Company
must be in writing and must be sent registered mail, certified mail, or
overnight mail with a return receipt requested to Chief Financial
Officer at StorefrontListings.com.
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