1. Welcome and Scope of These Terms.
c. These Terms do not apply to any mobile app offered by RentCafe.com or to any social media site which features authorized content about Jackson Park.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT VISIT OR USE THE SITE.
2. Your Right To Use the Site.
a. By visiting the Site, you expressly agree, to the same extent as if you had signed the Terms, to be bound by the Terms and to follow the Terms and all applicable laws and regulations governing the Site.
b. This Site is limited to the use of persons over the age of 18 years of age. If you are under the age of 18, please exit this Site immediately.
c. Persons over the age of 18 are hereby given a personal, limited, nonexclusive, nontransferable, non-sublicensable, and revocable right to use the Site exclusively for the purpose of learning about the rental offerings at Jackson Park and to access the online application for prospective tenants. You may not use this Site for any competitive purpose. If you are a real estate broker you may not access this Site in order to gain information that you use to state or imply that you are an authorized sales representative of LIC or Tishman Speyer without LIC’s prior written consent. You may not access this Site to gather information about other users to the Site for the benefit of any competitor (direct or indirect) to LIC.
d. Your use of the Site is further limited by the provisions below including the limitations on duplicating any of the contents of this Site except as permitted in Section 6(c)(i) below.
3. Changes to these Terms
LIC reserves the right to change the Terms at any time in its sole discretion , effective immediately upon posting on the Site. You acknowledge that it is your responsibility to review these Terms periodically.
5. Communicating With Us Via The Site
When you visit the Site, sign up for newsletters or announcements, or send e-mails to us via the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, through newsletters or announcements, or by posting notices to the 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 may opt out of receiving any future email or other correspondence from us by following the instructions at the end of the email or other communication.
6. Intellectual Property
a. Copyright Ownership. The content and the software on the Site and the compilation thereof are each the property of LIC or its suppliers and are each protected by U.S. and international copyright laws. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits. This restriction applies when you download or copy any content from the Site.
b. Trademarks. “Tishman Speyer”, “Jackson Park” “Surround Yourself With Everything You Love” and all logos, graphics, design, page headers, button icons, scripts, trademarks, and service marks found on the Site are trademarks and service marks and/or are trade dress of LIC (the “Marks”), or of their respective owners. Many of the Marks are registered with or pending before the United States Patent and Trademark Office or with the trademark offices of various states. LIC or the respective owners retain all right, title and interest in, to, and under their respective marks. You shall not modify, alter, change, remove, copy, use, or otherwise infringe any of the Marks or any other third party trademark, service mark or any other material from the Site or the materials contained on the Site, or any copies thereof. Each of the Marks may be used publicly only with LIC’s express consent.
c. Except as set forth below in Section 5(c)(i), the software and contents on this Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the express written consent of LIC. Except as expressly stated in the limited license provision of the Terms, LIC does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property.
(i) You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute any of the material on the Site for any purpose unless otherwise specifically authorized in writing by LIC.
(ii) Notwithstanding anything to the contrary in these Terms, bona fide search engines are permitted to access the Site only as necessary to index it in order to respond to client search queries.
(iii) Notwithstanding anything to the contrary in these Terms, you may share or post content or images from the Site on non-commercial pages of social media websites such as Facebook, Pinterest, Instagram or Twitter, provided that you do not alter or modify the content or images you post in any way. You may not post content or images from this Site for any commercial purpose even if the posting is made on a seemingly non-commercial page.
d. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by LIC to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, image, text, page, layout, information, graphics, or other portion or aspect of the Site without LIC’s express written. You may not use any meta tags or any other “hidden text” utilizing LIC’s name or Marks (as defined below) without LIC’s express consent. Any unauthorized use terminates the permission or license to access the Site.
e. Without LIC’s express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or any of the content contained thereon or for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.
7. Access to the Site.
LIC uses reasonable endeavors to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by LIC to minimize such disruption where it is within LIC’s reasonable control. You agree that LIC shall not be liable to you for any modification, suspension or discontinuance of the Site or any service.
8. Use of the Site is at Your Risk; No Warranties
a. The Site and its content and any and all related products and services (included services provided by third parties) are delivered on an “as-is” and “as-available” basis. While LIC makes its best efforts to ensure that the information on the Site is accurate and up to date, LIC makes absolutely no warranty with respect to the content of the Site.
b. LIC cannot ensure that content you download from the Site will be free of viruses or contamination or destructive features. LIC makes no representations or warranties of any kind, express or implied, with respect to the use of the Site and the information, content, materials, services, or products contained herein or the operation of the Site. LIC makes no warranty that any information collected about you via the Site will not be hacked or compromised by a third party.
c. LIC expressly disclaims any express or implied warranty of accuracy or quality and any implied warranty of merchantability, fitness for a particular purpose or non-infringement and assumes no liability for any errors and/or omissions in the information contained in the Site.
d. LIC does not warrant that the Site, its servers, or e-mail sent from LIC are free of viruses or other harmful components.
e. LIC will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, and punitive and consequential damages including, without limitation, lost profits, even if LIC has been advised of the possibility of such damages.
f. LIC disclaims any and all liability for the acts, omissions and conduct of any third party vendors, third party users, or other users of the Site, LIC is not responsible for the products, services, or actions of any third party in connection with your application for a lease.
PLEASE NOTE THE PROVISIONS OF THIS SECTION 8 DO NOT APPLY TO NEW JERSEY RESIDENTS OR TO INDIVIDUALS WHO ACCESS THE SITE FROM NEW JERSEY
9. Unauthorized Use of the Site.
Illegal and/or unauthorized uses of the Site, including, but not limited to, , unauthorized framing of or linking to the Site, use by persons under the age of 18, or use of any robot, spider or other automated device on the Site (except by a bona fide search engine), use to reverse engineer the Site or its contents, or use of the Site except as permitted herein will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
You understand and agree that in LIC’s sole discretion, and without prior notice, LIC may terminate your access to the Site cancel your application for a lease at LIC or exercise any other remedy available, if LIC believes that you have in any manner violated the Terms or the law. You agree that monetary damages may not provide a sufficient remedy to LIC for violations of the Terms and you consent to injunctive or other equitable relief for such violations. LIC may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity.
11. Do Not Submit Proprietary Information To Us Via the Site.
You should not use any contact us option on the Site to transmit any proprietary or confidential information to us. Specifically, LIC does not want to receive any ideas or concepts you may have for a joint venture or any other purpose. For that reason you agree that any and all information you transmit to LIC or any of our affiliates via the Site shall be deemed non-confidential. You expressly and irrevocably agree that by submitting such content to LIC you are granting us an irrevocable, perpetual and unrestricted royalty free license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising both online and in print.
DO NOT SUBMIT ANY CONTENT TO US WITH THE HOPE OR EXPECTATION THAT WE WILL PAY YOU FOR YOUR IDEAS OR CONTENT.
12. Governing Law.
The Site is controlled and operated by LIC from its offices in New York. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or the Terms, including, without limitation, your use of the Site, any content or services provided, or any information collected by you from the Site or stored by us or our vendors, you agree that (i) all such disputes and the Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of New York, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the courts located in New York City.
You agree to indemnify and hold LIC and its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party which, in any manner arises out of or relates to your use of the Site, or any violation of the Terms.
14. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
PLEASE NOTE THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS OR TO INDIVIDUALS WHO ACCESS THE SITE FROM NEW JERSEY.
a. These Terms constitute the entire agreement and sets forth the entire understanding between you and LIC, with respect to the subject matter hereof, and supersedes all previous agreements, covenants, arrangements, discussions and negotiations, whether written or oral with respect thereto. The waiver or failure of LIC to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right. In the event any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions of the Terms shall not be affected thereby. The section titles in the Terms are for convenience only and have no legal or contractual effect. LIC is not liable for delays in performance caused by circumstances beyond its reasonable control.
b. Discontinuation of Service. LIC may modify, suspend, discontinue or restrict the use of any portion of the Site, any app, or any services provided, without notice or liability. LIC may deny access to any registered user or other user at any time for any reason. In addition, LIC may at any time transfer rights and obligations under these Terms to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires LIC or any of its assets.
c. If you have any comments or concerns about the Site or these Terms please contact [email protected]