TERMS OF USE
Welcome to the website (the “Site”) of Old National Marketplace, property managed by Inland Property Management LLC. (“Inland”). Please carefully review these Terms of Use, the Privacy Policy, and any terms on the Site that govern particular offers or features (“Additional Terms and Conditions”, together with these Terms of Use and the Privacy Policy, form the “Agreement”), all of which collectively govern your use of the entire Site and all content, data, and information contained therein.
YOUR USE OF THE SITE CONSTITUTES YOUR CONSENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT. The term “USE” includes viewing the Site, subscribing to features on the Site, conducting transactions over the Site, or clicking on any button after being informed that clicking will evidence consent to this Agreement. As used in this Agreement, “you” are the person using the Site or the person described in the registration or subscription. The Agreement may be amended or supplemented from time to time by Inland, in accordance with these terms. In the event of any inconsistency or conflict between these terms of use, the privacy policy, and the additional terms and conditions, the following order of precedence shall control: (1) terms of use, (2) privacy policy and (3) additional terms and conditions. If you do not agree to the terms and conditions of this agreement, you are not permitted to use this Site.
License to Use the Site & Restrictions
Inland hereby grants you a non-exclusive, revocable license to use the Site in accordance with this Agreement. Inland reserves the right to suspend or revoke this license at our sole discretion without notice.
You may download and print content solely for your own personal, non commercial use. “Content” means any data accessible on the Site, including, without limitation, text, images, video, graphics, audio files, software, and any combination thereof. You may not otherwise use, reproduce, alter, or modify content in any way, nor may you transmit, distribute, or display content to third parties for commercial purposes.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright of Inland, its licensors or its content suppliers. You may not copy or display any portion of the content for redistribution to third parties for commercial purposes without the prior written permission of Inland.
Through your use of this website, you agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement; or use this Site in a manner that could damage, disable, overburden, or impair any Inland server or the networks connected to any Inland server; or interfere with any third party’s use and enjoyment of this Site; or attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Inland server through hacking, password mining, or any other means.
Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are under 18, you may only use our services with involvement of a parent or guardian.
Registration & Passwords
Use of certain features on the Site might require registration. YOU MUST BE 13 YEARS OR OLDER TO REGISTER WITH THIS SITE. Inland will review and determine, at Inland’s sole discretion, whether to accept your registration. Inland shall have the right, at its sole discretion, to refuse or restrict anyone from access to the Site(s) at any time for any reason.
Electronic Communications; Opt-Out
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any transactions you conduct with or through the Site may, at our option, be conducted electronically. You further agree that we may determine to provide all or any part of our services non-electronically, and that those services will still be governed by this Agreement unless you enter into a different agreement on a form provided by us. You agree that we may communicate with you through electronic (“e-mail”) messages, and if you forget or lose your password, you agree that we may send it to you by e-mail. If you do not wish to have your transactions with or through the Site conducted electronically, you should not enter into this Agreement and you should cease all use of the Site.
If you would prefer not to receive our e-mails and/or mailings, please let us know. You may submit your request to unsubscribe by clicking here. In addition, if you have received an e-mail from Inland, you may also reply with the word “unsubscribe” in the subject line.
Protected Content
Unless otherwise explicitly specified, all materials contained in the Site are copyrights, patents, trademarks, or other intellectual property owned, controlled, or licensed by Inland or by third party content suppliers who have licensed their materials to Inland and are protected by U.S. and international intellectual property laws.
If you believe that this Site(s) contains materials that constitute copyright infringement, please notify Inland in accordance with our Online Copyright Infringement Notification Policy.
Links
Inland is not affiliated with the sponsors, owners, or producers of any third party websites linked with this Site. These linked sites are not under Inland’s control and Inland explicitly disclaims any responsibility for the accuracy, content, or availability of the information, products, and/or services found on or through such third party sites. Inland does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Inland does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Modifications of This Agreement
Inland reserves the right to change or update this Agreement at any time without notice. Your use of this Site following any such amendments constitutes your unconditional agreement to follow and be bound by this Agreement as so amended. Inland suggests you periodically review this Agreement for changes.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Site, the information on all of the Inland Sites is intended solely for use and access by persons residing in the United States, its territories, and possessions. Inland controls and operates its website from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Site are available or appropriate for use in other locations. Anyone using any of the Site(s) from other locations does so by their own choice and is responsible for compliance with their local applicable laws.
Disclaimer
THIS SITE IS PROVIDED BY INLAND ON AN “AS IS” AND “AS AVAILABLE” BASIS. INLAND MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE CONTENT OF THIS SITE FOR ANY PURPOSE. INLAND MAKES NO WARRANTIES OF ANY KIND AS TO THE OPERATION OF THIS WEBSITE. INLAND DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. INLAND DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. ALTHOUGH INLAND TRIES TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, INLAND DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ENTIRELY ACCURATE, COMPLETE, OR CURRENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION FOUND IN THIS SITE BEFORE RELYING ON IT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INLAND OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, THE ACCESS TO, OR THE INABILITY TO USE OR ACCESS THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INLAND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, NOT INLAND, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT INLAND IS LIABLE FOR DAMAGES, YOU AGREE THAT SUCH DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS($100.00).
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INLAND AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
Inland shall have the right to terminate your access to, and use of, the Site immediately, if, in its sole discretion, Inland believes that your conduct fails to conform with this Agreement. Inland also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Site.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site(s); and (b) as applicable, pay any amounts owed to Inland in full within thirty (30) days from the date of such termination.
Submissions
Outside of your Personal Information, which is protected by Inland’s Privacy Policy, all remarks, suggestions, ideas, graphics, or other information communicated by you to Inland through the Site (collectively, the “Submission”) will be treated as nonconfidential and forever be the property of Inland, who shall be free to disclose, reproduce, distribute, or otherwise use the submission without limitation and with no obligation of any kind. Your submission grants Inland an irrevocable, nonexclusive, royalty-free, worldwide license for all possible rights and all possible media to copy, use, sublicense, display, or modify any information you provide to us for any commercial or non-commercial use, without compensation to you.
Inland retains the right to review, edit or delete from the Site any Submission which Inland at its sole discretion considers illegal, offensive, in violation of a third party right, or otherwise inappropriate.
E-mail and Other Communications
In connection with your use of the Site, you consent to Inland recording any communication, electronic or otherwise, between you and Inland and retaining any information and data you submit while using the Site.
In using the Site, you may be permitted to communicate electronically with Inland by sending electronic mail to Inland; however, you acknowledge and agree that only general information or inquiries may be submitted to Inland via electronic mail and any other submissions or communications on or through the Site (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Site for such submissions or communications. Please do not send any time-sensitive communications to Inland via e-mail as Inland cannot be responsible for responding to any such communications.
Investigations
Inland may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Inland may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Inland believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Inland will fully cooperate with any law enforcement authorities or court order requesting or directing Inland to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS INLAND FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INLAND DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INLAND OR LAW ENFORCEMENT AUTHORITIES.
Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of law principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.
Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Commencement of Actions
Any cause of action or claim you may have with respect to this Site must be commenced within one year after such claim or cause of action arises.
No Waiver; Assignation; Severability
The failure of Inland to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Inland’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Inland may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Inland’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Site contains materials that constitute copyright infringement, please notify our Designated Agent, Don Stewart, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Don Stewart
Full Address of Designated Agent to which Notification should be Sent:
The Inland Real Estate Group of Companies, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Telephone Number of Designated Agent:
630-586-6100
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
Your address, telephone number and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the Site, including its URL, so that Inland can locate the material;
A statement 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; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
