TERMS AND CONDITIONS OF USE
General
Welcome to the website ("Inland Website") of The Inland Real Estate Group of Companies, Inc. ("Inland”). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Inland Website 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 and access to all of the Inland Website and any and all content, data and information contained therein. YOUR USE OF THE INLAND WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT,
AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY INLAND,
IN ACCORDANCE WITH THIS AGREEMENT. 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 OR ACCESS THIS
INLAND WEBSITE.
Structure of The Inland Real Estate Group of Companies, Inc.
This Inland Website is offered by The Inland Real Estate
Group of Companies, Inc., a group of separate, legal entities that
own The Inland Real Estate Group of Companies, Inc. and may also
be affiliates of each other, share some common ownership or have
been sponsored by Inland Real Estate Investment Corporation. Each
entity that is part of The Inland Real Estate Group of Companies,
Inc. is a separate legal entity and no legal or financial relationship
is to be implied between or among any entities on this Inland Website.
The products and services included on this Inland Website may be
offered by any of the entities that are part of The Inland Real
Estate Group of Companies, Inc. Please note that these products
and services may change at any time. In addition, there may be
eligibility or suitability requirements for these products and
services and they may not be available in all geographic areas.
Modifications of This Agreement
Inland reserves the right to change, modify, amend and/or update this Agreement
at any time with or without prior notice. Your use of this Inland Website
following any such changes, modifications, amendments and/or updates constitutes
your unconditional agreement to follow and be bound by this Agreement as
so changed, modified, amended and/or updated. You are responsible for reviewing
this Agreement each time you use or access any Inland Website.
Links
Inland is not affiliated or associated with the sponsors, owners or producers
of any third party websites linked to or from this Inland Website. These
linked sites are not under our 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.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Inland Website, the information
on all of the Inland Website 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 Untied States and makes
no representations or warranties that the information, products or services
contained on the Inland Website is appropriate for use or access in other
locations. Anyone using or accessing any of the Inland Website from other
locations do so on their own initiative and are responsible for compliance
with local United States laws, if and to the extent applicable.
Use
The Inland Website and its contents are intended solely for personal use. Unless
otherwise explicitly specified, all materials that are included in or are
otherwise a part of this Inland Website are copyrights, patents, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed
by Inland or by third parties who have licensed their materials to Inland
and are protected by U.S. and international intellectual property laws. The
compilation (i.e., the collection, arrangement and assembly) of all materials
on this Inland Website is the exclusive property of Inland or its licensors
and is protected by U.S. and international copyright laws. Except as solely
provided in the next sentence, no material from any Inland Website may be
copied, reproduced, republished, uploaded, posted, transmitted or distributed
in any way. You may download one copy of the materials on any single computer
for your personal use only, provided that: (a) you keep intact all copyright
and other proprietary notices; (b) you do not use the materials in a manner
that suggests an association with any of our products, services or brands;
and (c) you make no modifications to the materials. In addition, you agree
not to: (m) use or access this Inland Website for any purpose that is unlawful
or prohibited by this Agreement; (n) use or access this Inland Website in
a manner that could damage, disable, overburden, or impair any Inland server
or the networks connected to any Inland server; (o) interfere with any third
party’s use and enjoyment of this Inland Website; or (p) attempt to
gain unauthorized access to accounts, computer systems or networks connected
to any Inland server through hacking, password mining or any other means.
User IDs/Passwords
Use of certain features on the Inland Website might be limited and/or require
registration. Inland will review and determine, in Inland's sole discretion,
whether to accept your registration. Inland shall have the right, in its
sole discretion, to refuse or restrict anyone from access to the Inland Website(s)
at any time for any reason. Upon acceptance of your registration by Inland,
you will be given your user ID and password (collectively "Password")
for access to and use of the applicable portion of the Inland Website.
Inland reserves the right to require you to periodically change your
Password. You agree to use your best efforts to maintain the security
of your Password. You shall not disclose your Password to anyone else,
and you shall not use anyone else’s Password. You agree to notify
Inland immediately about any unauthorized use of your Password or any
breach of security. You further agree that Inland shall not be responsible
for your failure to comply with this Section or any loss or damage arising
out of, or related to, your use of your Password by you or anyone other
than Inland.
Charges and Payment
In certain instances, Inland may charge a user, subscription or other fee.
In those instances where a fee may be charged, Inland will notify you of
the fee prior to your incursion of charges.
Disclaimer
THIS INLAND WEBSITE IS PROVIDED BY INLAND ON AN "AS IS" AND "AS
AVAILABLE" BASIS. INLAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS INLAND WEBSITE OR THE
INFORMATION INCLUDED ON SUCH INLAND WEBSITE. INLAND DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. INLAND DOES
NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS INLAND WEBSITE
WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE INLAND WEBSITE OR THE SERVER THAT MAKES THE INLAND WEBSITE AVAILABLE ARE
FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. INLAND DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS INLAND WEBSITE IS
ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS INLAND WEBSITE, THAT YOUR USE IS AT YOUR
SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL INLAND OR ANY OF ITS SHAREHOLDERS,
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 OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS INLAND WEBSITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, 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, AND NOT INLAND, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT
WILL INLAND BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES
DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Inland
Website shall be subject to the Inland Policy Regarding
Submissions, Postings and Other Communications, which is incorporated
into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that this Inland Website(s) contains materials
that constitute copyright infringement, please notify Inland in
accordance with our Online Copyright Infringement
Notification Policy.
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 INLAND
WEBSITE 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 Inland
Website 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 emails you
make or send to the Inland Website.
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 Inland Website(s); and (b) as applicable,
pay any amounts owed to Inland in full within thirty (30) days from the
date of such termination.
Applicable Laws
This Agreement shall be governed by and construed under the laws of the State
of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT
JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THIS INLAND WEBSITE OR THE USE OR ACCESS THEREOF
MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS INLAND WEBSITE
MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Miscellaneous
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.
Forward-Looking Statements
This Agreement and the documents incorporated by reference herein, if any,
may contain forward-looking statements within the meaning of Section 27A
of the Securities Act of 1933 and Section 21E of the Securities Exchange
Act of 1934. Such statements are based on management's current expectations
and assessments of risks and uncertainties and reflect various assumptions
concerning anticipated results, which may or may not prove to be correct.
Some of the factors that could cause actual results to differ materially
from estimates or projections contained in such forward-looking statements
include the pattern of brand sales, including variations in sales volume
within periods; competition within the relevant product markets, including
the ability to develop and successfully introduce new products, ensuring
product quality, pricing, promotional activities, introduction of competing
products and continuing customer acceptance of existing products; loss of
distributorship rights; risks inherent in acquisitions and strategic alliances;
the loss of one or more key employees; the effects of a prolonged United
States or global economic downturn or recession; changes in costs, including
changes in labor costs, raw material prices or advertising and marketing
expenses; the costs and effects of unanticipated legal or administrative
proceedings; and variations in political, economic or other factors such
as currency exchange rates, inflation rates, tax changes, legal and regulatory
changes or other external factors over which Inland has no control. Inland
has no obligation to update any forward-looking statement in this Agreement
or any incorporated document.
PRIVACY POLICY
General
Welcome to the website ("Inland Website") of The Inland Real Estate
Group of Companies, Inc. ("Inland”). This Privacy Policy (“Privacy
Policy”) only applies to information collection and use practices on
the Inland Website. This Privacy Policy is subject to the Terms
and Conditions of Use.
Links
There might be links from the Inland Website or portals on the Inland Website
to other websites. This Privacy Policy only applies to the Inland Website
and not to websites of any other company or organization linked to or through
the Inland Website, which may have different policies. Inland encourages
you to review all policies, rules, terms and regulations, including the privacy
policies, of each website that you visit.
Gathering, Modifying and Removing Information
Inland may request and/or collect personal information on the Inland Website
that you might elect to provide to Inland (“Personal Information”)
when, via the Inland Website, you: (a) contact Inland; (b) use Inland’s
services; and/or (c) send requests for information, questions, inquires,
or comments to Inland. You are not required to provide Personal Information
to access the Inland Website. Personal Information may include: (a) contact
information (e.g., name, address, phone number and email address); (b) information
regarding certain of your preferences related to Inland or the Inland Website;
and/or (c) information regarding how you became aware of the Inland Website.
If you would like to review, correct or remove your Personal
Information, please contact Inland at the address listed below
under “Contact Inland.” Inland will then make all reasonable
efforts to correct or remove your Personal Information from the
Inland active database.
Gathering Anonymous Information
Inland might collect non-personal and aggregate information about your and
other users' use of the Inland Website, such as page hits, number of visits,
web pages viewed and the length of visits to the Inland Website (collectively, “Non-Personal
Information”). Inland does not tie this Non-Personal Information to
your Personal Information.
Use and Disclosure of Information
The Personal Information that you provide will be available to Inland, our
agents, representatives and service providers and contractors, as appropriate,
to be used to respond to your inquiries or questions about Inland and for
the purposes indicated or which may reasonably be inferred by your voluntary
provision of such Personal Information and otherwise in connection with the
conduct of the Inland business and operations. This use may include periodic
telephone calls and postal and email mailings from Inland about new products,
services or upcoming events offered by Inland. Inland does not, however,
sell or furnish Personal Information to unaffiliated third parties to use
in advertising or promoting their products or services, without your permission.
Inland may also use your Personal Information, alone or in combination
with the information submitted by other users, to improve Inland
Website’s navigation or infrastructure. Also, Inland may
use Non-Personal Information to improve your experience on the
Inland Website and to enhance the Inland Website.
Third party contractors or providers of services to Inland that have access
to your Personal Information are also expected to protect such Personal Information
in a manner consistent with this Privacy Policy and to use such Personal Information
only to carry out the activities or services they are performing for you or
for Inland.
Inland might disclose Personal Information and Non-Personal Information,
if in our opinion such disclosure is required: (a) by law; (b)
to protect and/or defend Inland’s rights; and/or (c) to protect
the personal safety of any individual. In addition, in the event
that all or substantially all of Inland's ownership and/or assets
are transferred or sold to, or Inland is merged with, another entity,
or there is a change of control of Inland, Inland may transfer
Personal Information and Non-Personal Information to the successor
entity.
Internet Communications
Communications and submissions over the Internet might not be secure. Please
consider this fact before communicating or submitting any personal or confidential
information through the Inland Website.
Changes
Inland reserves the right to change, modify, amend and/or update this Privacy
Policy at any time with or without prior notice at the sole and absolute
discretion of Inland. Your use of the Inland Website following any such changes,
modifications, amendments and/or updates constitutes your unconditional agreement
to follow and be bound by this Privacy Policy as so changed, modified, amended
and/or updated. You are responsible for reviewing this Privacy Policy each
time you use or access the Inland Website.
Contact Inland
If you have any questions, comments, or concerns regarding our Privacy Policy
and/or information handling, privacy or maintenance practices as it relates
to the Inland Website, please contact Inland at the following address:
The Inland Real Estate Group of Companies, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Attn: Robert H. Baum, General Counsel
INLAND POLICY REGARDING
SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
Submissions
All remarks, suggestions, ideas, graphics, or other information
communicated by you to Inland through the Inland Website (collectively,
the "Submission") will forever be the property of Inland
and you waive all of your rights, including but not limited to
moral rights, therein if applicable, provided that you will continue
to be responsible for the content of the Submission including,
without limitation, any indemnification obligations related to
such Submissions. Inland will not be required to treat any Submissions
as confidential (unless required by law or if Inland has agreed
to treat it as confidential in other documentation), and will not
be liable for any ideas for its business (including without limitation,
product or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in future Inland
operations. Without limitation, Inland will have exclusive ownership
of all present and future existing rights to the Submission of
every kind and nature everywhere and will be entitled to use the
Submission for any commercial or other purpose whatsoever without
compensation to you or any other person sending the Submission.
Inland retains the right to review, edit or delete from the Inland
Website any Submission which Inland in its sole discretion considers
illegal, offensive, in violation of a third party right or otherwise
inappropriate.
Email and Other Communications
In connection with your use of the Inland Website, 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 Inland Website.
In using the Inland Website, 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 Inland
Website (e.g., the placement of orders) may be submitted only in
accordance with the express instructions set forth on the Inland
Website 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.
ONLINE COPYRIGHT INFRINGEMENT
NOTIFICATION POLICY
If you believe that the Inland Website contains materials that
constitute copyright infringement, please notify our Designated
Agent, Robert H. Baum, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Robert H. Baum
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) 218-8000
Facsimile Number of Designated Agent:
(630) 218-4900
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 Inland Website, 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.
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