TERMS & CONDITIONS OF USE OF WEBSITE

 

1. Introduction. Welcome to the modrealty.com website (the “Website”). The purpose of the Website is to provide you with access to a comprehensive network of residential and commercial real estate information, products, services and related links to meet your needs (the “Content”). This Terms of Use Agreement (this “Agreement”) constitutes the Website terms of use (the “Terms”) and you should carefully review the Agreement before continuing on with your use of the Website. The Terms shall govern your use of the Website and apply to all Internet traffic visiting the Website. By registering and/or accessing or using the Website, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THE WEBSITE. Mod Realty Inc hereby reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. By using the Website after we have posted notice of such modifications, alterations or updates you agree to be bound by the revised Terms. The Website will permit you to link to other Websites that may or may not be affiliated with the Website, and that may have terms of use that differ from, or contain terms in addition to, the Terms. Your access to such Websites through links provided on the Website is governed by the terms of use and policies of those websites, not the Terms.

 

2. Privacy. Registration data and certain other information about you shall be subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found below. The Privacy Policy is subject to change and the most recently published Privacy Policy shall apply.

 

3. Trademarks, Copyrights, and Restrictions. The Website is controlled and operated by Mod Realty, which is located at 2934 W Montrose #107, Chicago, IL 60618. You acknowledge and agree that all Content on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are validly owned and controlled by  Mod Realty Inc, or by third party content providers, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to  Mod Realty Inc. Content on the Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use and you represent and warrant that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered on the Website. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, modifying, copying, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing the Content within another website, use on any other website, transferring or selling any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; obtaining or attempting to obtain any materials or information through any means not made readily accessible by the Website, is expressly prohibited without the prior written permission of  Mod Realty Inc and the Providers. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, provided the printouts retain all copyright, trademark and proprietary notices, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of  Mod Realty Inc and the Providers. Without the prior written consent of  Mod Realty Inc or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of atproperties.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited to the fullest extent permitted by law. As a condition to your use of the Website, you represent and warrant to  Mod Realty Inc that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Website immediately terminates without the necessity of any notice.  Mod Realty Inc retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on the Website without prior written consent of Mod Realty Inc and the Providers. The Mod Realty Inc name and logo is a service mark of  Mod Realty Inc. Other proprietary marks may be designated as such from time to time on the Website. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of any Mod Realty Inc registered service marks or other proprietary marks of Mod Realty Inc.

 

4. Security. For certain types of communications through the Website, Mod Realty Inc may require the use of encryption technologies provided for your protection and/or use by you of a User ID and Password. You are responsible to protect your User ID and Password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies, if applicable. While  Mod Realty Inc provides these technologies and uses other reasonable precautions to protect confidential information and provide suitable security,  Mod Realty Inc do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

 

5. Additional Information. All information, other than personal information subject to the Mod Realty Inc Privacy Policy, submitted to  Mod Realty Inc through the Website or any related website is the property of  Mod Realty Inc.  Mod Realty Inc shall be free to use any ideas, concepts, know how or techniques that you may submit to us through the Website to improve our services.  Mod Realty Inc shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in our Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

6. Prohibited Activities. You are specifically prohibited from any use of the Website, and you agree not to use or permit others to use the Website under your account, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Website; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy pages of the Website, or the Content without  Mod Realty Inc prior written permission, provided that generally available third party web browsers including but not limited to Internet Explorer, Chrome or Firefox may be used without such permission.

 

7. Links. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. You hereby acknowledge that the content of any Linked Sites is not under  Mod Realty Inc' control, and you agree that  Mod Realty Inc is not responsible for, and does not endorse, such content, whether or not  Mod Realty Inc is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to the website or provide any links that state or imply any sponsorship or endorsement of your website by Mod Realty Inc, or the Providers. The Website may also incorporate mapping software through other websites or programs, and such software has its own terms of use.

 

8. Disclaimer of Warranties and Liability. ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EXCEPT THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION,  MOD REALTY INC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER  MOD REALTY INC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  MOD REALTY INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, PROPERTY AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEBSITE.  

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT  MOD REALTY INC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER SYSTEM OR MOBILE DEVICE. YOU EXPRESSLY AGREE THAT NEITHER  MOD REALTY INC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,  MOD REALTY INC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SPYWARE, HACKING, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MOD REALTY INC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, MOD REALTY INC’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

9. Indemnification. To the greatest extent permitted by law, you agree to indemnify, defend, and hold harmless  Mod Realty Inc and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

 

10. Third Party Rights. These Terms are for the benefit of Mod Realty Inc and its Providers, its and their officers, directors, members, managers, subsidiaries, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. You expressly authorize the Providers and their duly authorized representatives and participants to access the Website for the purpose of monitoring compliance with such Provider’s rules and display of such participant’s content on the Website.

 

11. Jurisdictional Issues. Unless otherwise specified, the Content contained in the Website is presented solely for your convenience and/or information. The Website is controlled and operated by Mod Realty Inc from its offices within Chicago, Illinois.  Mod Realty Inc makes no representation that Content in its Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in the Website in violation of U.S. export laws and regulations. The Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Mod Realty Inc brings to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the state or Federal courts located in and for Cook County, Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

 

 12. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns. A party's failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire agreement between Mod Realty Inc, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the most recent published Terms or terms of use or understanding shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MOD REALTY INC.

 

MOD REALTY PRIVACY POLICY

 

What information do we collect?

 

We collect information from you when you register on our site or fill out a form.  When ordering or registering on our site, as appropriate, you may be asked to enter your name-mail address or phone number. You may, however, visit our site anonymously.

 

What do we use your information for?

 

Any of the information we collect from you may be used in one of the following ways:

 

• To personalize your experience(your information helps us to better respond to your individual needs)

• To improve our website(we continually strive to improve our website offerings based on the information and feedback we receive from you)

• To improve customer service(your information helps us to more effectively respond to your customer service requests and support needs)

• To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason what so ever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

• To send periodic emails

 

The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

 

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

 

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits.

 

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. None the less, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Your Consent

By using our site, you consent to our websites privacy policy.

 

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

 

Contact Us

If you have questions regarding our Privacy Policy, or if you wish to update the personal information you have provided to us, you may do so by contacting us here.

 

Updates and Effective Date

We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. We have no duty or obligation to inform prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. Your continued use of the Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.