This Agreement is effective as of the date you access the URG Website. The Website Terms and Conditions of User Agreement (“Agreement”) is between United Realty Group, Inc., an Illinois corporation with offices located at 725 E. Dundee Road, Suite 201-B, Arlington Heights, Illinois 60004 (“URG) and you (“User”, “You” or “Your”) and is a legal agreement between You and URG. This Agreement states the terms and conditions under which you may use the URG Website. Please read this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access, and use the URG Website. URG may revise this Agreement at any time without notice by updating this Agreement. You should visit this page periodically to review the Agreement. If you have any questions, please email info(at)united(dotted)re
- Realtor® Relationship – You acknowledge that if you choose to engage URG as your Realtor, such representation will be provided pursuant to a separate written agreement executed by You and URG.
- You must be 18 years or older to utilize this website.
Children’s Online Privacy Protection Act
United Realty Group, Inc. is committed to complying fully with the Children’s Online Privacy Protection Act. Accordingly, if you are under the age of 13, you are not authorized to provide us with personally identifying information. We appreciate your cooperation with this federally mandated requirement. Users are cautioned that the collection of personal information volunteered by children on-line or by e-mail will be treated the same as information given by an adult and may be subject to public access.
- You shall not copy or download the content or third-party content from the URG Website without the prior written consent of URG. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the URG Website, content or third-party content or use the URG Website, content or third party content for public or commercial purposes. You shall not use the URG Website, content, or third-party content on any other website.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the URG Website in a manner that sends bulk requests to the URG servers. Notwithstanding the foregoing, URG grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable information of the URG Website, but not caches or archives of the URG Website. URG reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the URG Website, nor to use the communication systems provided by the URG Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the URG Website.
Ownership and Title:
- Title to the URG Website and content (excluding third party content and User Submissions), including ownership rights to patents, copyrights, trademarks, and trade secrets in connection with the URG Website shall be the exclusive property of URG.
Removal of Infringing Material/Copyright Agent:
- URG does not allow the infringement of intellectual property rights on the URG Website. URG will remove all content, third party content and User Submissions if properly notified that such content, third party content or User Submission infringes on another’s intellectual property rights. URG reserves the right to remove User Submissions without prior notice. URG will also terminate a user’s access to the URG Website, if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the URG Website more than twice. URG also reserves the right to decide whether content, third party content or a User Submission is appropriate. URG may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
- If You believe that any User Submission or other content or third-party content infringes upon Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- 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 a representative list of such works if more than one work is at issue.
- Information reasonably sufficient to permit URG to contact You, such as an address, telephone number, and email address.
- 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 URG to locate the material.
- A statement that You have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- URG’s designated Copyright Agent to receive notifications of claimed infringement is: info(at)united(dotted)re You acknowledge and agree that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to DMCAnotice(at)theMLSGRID(dotted)com and to info(at)united(dotted)re
The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all the above information may result in the delay of the processing of your complaint.
- URG shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of URG (the “URG Marks”). Excepting the URG Marks, all other product and company names mentioned on the URG Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by URG.
- You acknowledge that the URG Website, content and third-party content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets of URG in connection with the URG Website and content.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You warrant and, represent that: (i) you own or have the right, to use and authorize URG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the URG Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the URG Website and this Agreement.
- By submitting User Submissions to URG, You grant URG a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the URG Website and URG’s business (and its successor’s business), including without limitation for promoting and redistributing part or all of the URG Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the URG Website a non-exclusive license to access Your User Submissions through the URG Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the URG Website and under this Agreement.
- In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant URG all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage URG or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
- URG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
You acknowledge and agree that URG (including employees, agents, directors, and independent contractors of URG) has not made or granted to You any express warranties concerning the URG Website or URG products or services. Use and performance of URG products and services referenced on the URG Website are subject to URG terms and conditions concerning such products and services as made available by URG. You acknowledge that the URG Website does not constitute a grant of an express warranty concerning URG products and services and You waive all claims of warranty based on the URG Website.
- Warranty Limitation:
THE URG WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. URG, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. URG DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE URG WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. URG DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE URG WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE URG WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE URG WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES AND APPLICABLE LAWS GOVERNING THE INTERNET AND THE URG WEBSITE.
- Limitation of Liability:
URG SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE: (I) USE, PERFORMANCE OR OPERATION OF THE URG WEBSITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY YOU; AND (III) LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, REGARDLESS OF WHETHER URG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
- Inaccuracies and other Content:
You acknowledge that the URG Website may contain errors, inaccuracies and omissions and assume all risk of loss, harm or damage associated with access to and use of the URG Website. URG is not a publisher of content supplied by third parties and users of the URG Website. Accordingly, URG does not have control over such content. Any advice, statements, opinions, services, offers, or any other information or content whatsoever expressed, implied, or made available by third parties, including but not limited to information providers and users, are those of the respective author(s) or distributor(s) and not of URG.
You agree to release, defend, indemnify and hold harmless URG (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to: (i) use of the URG Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, slander, libel, invasion of privacy or false advertising); (ii) performance of the URG Website; (iii) Your negligence or acts (or any failure to act); and (iv) any breach by You of Your obligations under this Agreement.
Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
- Export Assurance:
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the URG Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by URG of such websites and the third-party content found there.
Each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable laws, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
- Entire Agreement:
- Amendments and Modifications:
- User Notice:
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
- URG Notice:
Notices to URG shall be deemed delivered when delivered by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand to the address set forth in the first paragraph of this Agreement.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative.
- Litigation/Arbitration Expense:
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, including any dispute or controversy arising out of, relating to, or concerning the scope or enforceability of this arbitration provision, shall be settled by binding arbitration administered by the American Arbitration Association in front of one (1) arbitrator in Lake County, Illinois, in accordance with the Commercial Arbitration Rules and Procedures in effect. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration, and not subject to appeal. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. URG and You shall each pay one half of the costs and expenses of the arbitration, and each shall separately pay its own costs and attorneys’ fees.
- Equitable Remedies:
The parties agree that irreparable damage would occur to URG if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that URG shall be entitled to an injunction or injunctions to prevent breaches of this Agreement by a Contributor and to enforce specifically the terms and provisions hereof in any federal or state court located in Illinois, this being in addition to any other remedy to which URG is entitled under this Agreement or otherwise at law or in equity.
- Governing and Jurisdiction Law:
This Agreement is governed by the laws of the State of Illinois, without regard to the conflict of laws principles thereof. URG and You agree that personal jurisdiction shall exist in the State of Illinois and that the State of Illinois shall have subject-matter jurisdiction over nay issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Lake County, IL.
This Agreement may be terminated by URG at any time without notice or cause. All restrictions imposed upon You with respect to the URG Site and the contents of the URG Website and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.