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Devonshire Apartments Website Terms of Use | Legal Disclosures

 

Effective as of 8/16/2016

 

DEVONSHIRE APARTMENTS WELCOMES YOU TO ITS WEBSITE.  YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS OF USE (THESE “TERMS OF USE”) BEFORE PROCEEDING TO ACCESS OR USE THE WEBSITE. THESE TERMS OF USE FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND DEVONSHIRE APARTMENTS REGARDING YOUR ACCESS TO AND USE OF THIS WEBSITE AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE.  IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THE WEBSITE.

 

We may change these Terms of Use at any time without prior notice to you or any other person, by posting changes on the Website. We encourage you to check back and review these Terms of Use from time to time. Your continued use of this Website following our posting of changes will signify that you agree to and accept the revised Terms of Use. If you do not agree to the revised Terms of Use, you are not authorized to access or use this Website and you must disconnect from and not use this Website. You are not authorized to change these Terms of Use in any manner.

 

If you are submitting a lease application online, creating an account or obtaining a quote, Sections I and II below apply to you. If you are accessing or using the Website for any other reason, Section II does not apply to you.

 

I. GENERAL

 

A. Use of the Website and Website Material

You agree to access and use the Website only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Website. You are prohibited from using the Website in a way that:

  • is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Devonshire Apartments’ deems in its sole discretion to be inappropriate for the Websites;

  • violates any law, statute, rule, regulation, or court order;

  • accesses, collects or stores personal information about others;

  • violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;

  • impersonates any person, business, entity, or IP address (e.g., IP spoofing);

  • involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;

  • is commercial in nature, including, for example, usage for advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;

  • gains or tries to gain unauthorized access to the Websites, or any computers, networks or data used to operate or stored on or with the Websites, or that otherwise modifies or interferes with the use or operation of the Websites;

  • imposes an unreasonable or disproportionately large load on Devonshire Apartments’ or Devonshire Apartments’ business partners’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;

  • alters, damages, or deletes any content posted on the Websites;

  • frames, mirrors, scrapes or data-mines the content of the Websites;

  • contains computer viruses or other disruptive, disabling, damaging or harmful files or programs; or

  • otherwise violates these Terms of Use or any other guidelines or policies posted on the Websites, including the Privacy Policy, which are incorporated by this reference into these Terms of Use.

 

Devonshire Apartments reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users, including without limitation, any user who violates, or is suspected of violating, these Terms of Use. Devonshire Apartments may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law.

 

B. Links and Third Parties

The Website may contain links to other documents or websites that are provided or operated by third parties and not by Devonshire Apartments (including any Devonshire Apartments branded websites) that are operated by third parties and do not link to these Terms of Use. Such links are provided solely for your reference. Devonshire Apartments’ does not control such documents or websites and is not responsible for their content or any related goods or services. Devonshire Apartments’ inclusion of links to such documents or websites does not imply any endorsement of the content, goods or services on such documents or websites or any association with their providers or operators.

 

C. Idea Submission/Use of Information

While Devonshire Apartments does not claim ownership of any comments or suggestions that you may submit to Devonshire Apartments, by submitting a comment or suggestion or any other material to Devonshire Apartments, you hereby authorize and grant to Devonshire Apartments and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sublicenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such comment, suggestion or material, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Devonshire Apartments and its affiliated entities will have the right (including the right to grant sublicenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format the comment, suggestion or material in any manner that Devonshire Apartments may determine. By submitting a comment, suggestion or material, you represent and warrant to Devonshire Apartments that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain and that such comments, suggestions or materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

D. Internet Privacy and Security

Due to the design of the Internet, we cannot guarantee that communications between you and Devonshire Apartments will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms of Use, you expressly agree that your use of the Websites is at your sole risk, and you agree that Devonshire Apartments shall not be liable if a security breach occurs or if the Websites malfunction, except as required by law.

 

E. Termination 

Devonshire Apartments may suspend or terminate your access to the Websites at any time and for any reason, including for violation of these Terms of Use. In the event of suspension or termination, you are no longer authorized to access or use the Websites, to participate in the online quote or lease or employment application process, or to access Devonshire Apartments’ Resident Portal, and you shall have no recourse and Devonshire Apartments shall have no liability as a result of any such suspension or termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or termination.

 

F. List of Restrictions

Neither the Websites nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed, except that you may download one (1) copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. You may not modify or prepare derivative works based upon the Websites, or any element thereof.

 

G. Scope of Content

The services, products and programs mentioned on the Website are subject to availability. For specific unit availability and program information, please visit the applicable section.

 

H. Reservation of Rights

All rights, titles, and interests in and to the Website, and all elements thereof, are owned and reserved by Devonshire Apartments and its licensors. The Website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All rights not expressly licensed hereunder are reserved by Devonshire Apartments and its licensors.

 

I. General Terms and Conditions

These Terms of Use shall be deemed to have been made in the State of Illinois, U.S.A. and shall be interpreted, and your rights and liabilities hereto shall determine in accordance with the law of the State of Illinois, U.S.A., without regard to conflicts of law principles. You consent to the exclusive jurisdiction of the state and federal courts for the County of Cook, Illinois, U.S.A. for the determination of any claim or controversy between us and arising out of or relating to these Terms of Use. You hereby consent to the jurisdiction of the Illinois courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

 

If any part of these Terms of Use 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 these Terms of Use shall continue in effect.

 

Any waiver by Devonshire Apartments of the provisions of these Terms of Use or of its rights or remedies hereunder shall not be effective unless in writing, and any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by Devonshire Apartments to enforce the provisions hereof or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of Devonshire Apartments’ rights hereunder and will not prejudice its right to take subsequent action.

 

J. Contact Us

Any questions regarding these Terms of Use should be directed to devonshiremanagement@outlook.com.

 

II. Disclaimers and Limitation of Liability

 

1. WARRANTY DISCLAIMER 
THE WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. DEVONSHIRE APARTMENTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. AMLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEVONSHIRE APARTMENTS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR ANY ASSOCIATED COMPUTER, SERVER OR NETWORK WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE. DEVONSHIRE APARTMENTS MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEBSITES IS CURRENT, UP-TO-DATE, COMPLETE, OR ACCURATE. DEVONSHIRE APARTMENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITES. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY MATERIALS OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

2. LIABILITY LIMITATION 

UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY, OR OTHERWISE, WILL DEVONSHIRE APARTMENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE OR WHETHER FORESEEABLE OR AMLI HAD NOTICE OF THE POTENTIAL FOR SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITES.

 

3. INDEMNIFICATION 
As a condition of use of the Website, you shall and agree to indemnify Devonshire Apartments, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, partners, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your access to or use of the Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Use.

 

III. ADDITIONAL INFORMATION FOR ACCOUNTS

 

A. Registration and Account Information

In order to get a quote, complete the lease application process on the Website, or sign up for the Resident Portal, you will need to create an account by creating a username and password and providing certain Personal Information (as such term is defined in and covered by the Privacy Policy. You may not allow others to use your username or password for any reason, and you are responsible for keeping your username and password secret and confidential and for keeping your contact information associated with your account up to date. If you fail to do so, you are responsible for any charges, costs, expenses, damages, liabilities and losses that Devonshire Apartments may incur as a result. You should immediately notify Devonshire Apartments if you suspect that someone else is using your username or password without your permission. You may not create an account if you are under 18 years of age. Devonshire Apartments reserves the right to refuse service, terminate accounts, remove or edit content, or cancel lease applications in its sole discretion.

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