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Terms of Use

Effective Date: September 28, 2015

Welcome to MAC Property Management, L.L.C.'s ("Company") website (the "Site"). These Terms of Use apply to all users of the Site. By using the Site, you agree to be bound by the following Terms of Use and agree that you are responsible for compliance with any applicable laws and regulations. If you do not agree to these Terms of Use, do not access or use this Site.

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personally identifiable information you provide and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy. Please review our Privacy Policy.

Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with our prior written approval.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating our services. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

Submissions

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information (excluding Personal Information (as defined in our Privacy Policy)), you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, message board, blog or in any other manner. You own the copyright in any original content you post and are solely responsible for such content. Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. We may from time to time monitor, review and, in our sole discretion, modify or delete any postings you make on the Site however, we are not obligated to do so. Whether or not we modify or remove such material, you remain solely responsible for any material you submit to us.
The Company does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to materials that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

Feedback

Although we do not claim ownership of user-generated content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us. The term “Feedback” refers to the content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

Conduct and Responsibility

By using this Site you agree that you will not:

  • promote any illegal activity or transmit through the Site any unlawful, harassing, abusive, threatening, harmful, obscene, defamatory, libelous, tortuous, or otherwise objectionable content;
  • use the Site to defame our service or any of our officers, directors, employees, agents, information providers, partners or advertisers;
  • post a request for or solicitation of money, goods, or services for private gain;
  • post a photograph without the permission of each person in the photograph;
  • post any content about an identifiable person without that person's permission;
  • transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  • collect information about others without their consent;
  • collect or store personal data about other users of the Site for business purposes;
  • reveal personally identifiable information about children;
  • interfere with or disrupt the Site, services, computer systems, servers or networks, or violate the regulations or policies of such networks;
  • transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs;
  • attempt to gain unauthorized access to our Site or services, others' accounts or computer systems or networks connected to the Site, through password mining or otherwise;
  • engage in any systematic extraction of data or data fields, including without limitation e-mail addresses;
  • provide false information on your registration form, impersonate any person, or otherwise attempt to mislead others about your identity or the origin of a message or other communication;
  • sell access to or use of any services available on the Site; or
  • interfere with anyone's use or enjoyment of the Site.

User Registration

To obtain full access to the Site including, without limitation, the Resident Portal, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited. To the extent you provide personal information to us through the Site, it will be true, accurate, current, and complete and you will update all personal information as necessary.

Fair Housing/Equal Housing Opportunity

We are an Equal Housing Opportunity company, which means we are committed to the letter and spirit of the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The federal Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status or handicap (or disability).
All rental properties identified in this Site are subject to the federal Fair Housing Act and its state law counterparts. We will not knowingly permit or allow any discriminatory conduct in the rental of properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development ("HUD") or by calling HUD toll free at 800-669-9777 (voice) or 800-543-8294 (TAD). You can also access information online at http://portal.hud.gov/hudportal/HUD.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by the Company. The use or misuse of any of these marks or other information is strictly prohibited.

Linked Internet Sites

The Site may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third Party Sites. These Terms of Use apply only to the Site, and not to the Third Party Sites. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any Third Party Site. Permission must be granted by us for any type of link to the Site.

Right of Modification and Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from our Site and ceasing to use our Site.

Content

All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability. We shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the properties and programs described on the Site, at any time without notice, including after confirmation of a transaction.
Further, the Site may contain photographs or images of select properties or models of select properties but such photographs and images are for illustrative purposes only. Please note that alterations to photographs may occur as a result of their uploading to the Site. In order to determine the exact characteristics of a property, you should visit the specific property in person. If, in spite of all the care taken by us, there are inaccuracies in photographs on the Site, we shall in no event incur any liability therefor.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. We do not endorse or represent the reliability, accuracy or quality of any information or services provided by third parties which is displayed or advertised on the Site.

Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED COMPANY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE COMPANY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Jurisdiction and Venue

This Site is controlled and operated from within the United States of America. We make no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. The Terms of Use shall be governed by the laws of the State of Illinois without giving effect to any choice or conflict of law or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Illinois. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against us arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective managers, officers, members, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. We reserve the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and the Company with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Company with respect to this Site and your use of this Site.

Contact

Any questions may be directed to us: by e-mail at service@macapartments.com, or write to us at: MAC Property Management, L.L.C., Attention: Resident Success Department, 1364 E. 53rd Street, Chicago, IL 60615.