Terms

These Website Terms of Use apply to your use of any Merchandise Mart Properties, Inc. (“MMPI”) website on which they appear (“Site”). We may update these Terms of Use from time to time; by using and accessing this Site, you agree to adhere to and be bound by the most recent version of these Terms of Use.

MMPI strives to ensure that the information contained in this website is accurate and reliable, however errors may sometimes occur. MMPI HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MMPI DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER CONTAINED ON OR RELATING TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MMPI WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES CAUSED BY USE OR INABILITY TO USE THIS SITE OR ANY FEATURE ON THIS SITE (SUCH AS VIRUSES, OMISSIONS, MISSTATEMENTS, MISTAKES, INTERRUPTIONS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MMPI’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES). In no event shall MMPI’s total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, as a result, the above limitation or exclusion may not apply to you.

You acknowledge that any reliance on the Site or any Content will be at your own risk. MMPI also makes no representations regarding the amount of time that any Content will be preserved, including any materials you may be able to post on the Site. MMPI may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall MMPI be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that MMPI may, in its sole discretion and at any time, discontinue this Site or any part thereof, with or without notice. You agree that you do not have any rights in this Site, and that MMPI will have no liability to you if this Site is discontinued or your ability to access it is terminated.

The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing that appear on or are incorporated into the Site (“Content”) are the property of MMPI, its licensors, or are used subject to fair use provisions of the law, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displaying, distributing, or transmitted without the express written permission of MMPI.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Site, the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. By visiting the Site, you agree not to display or use any Content or third party content located on the Site in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits MMPI and/or its licensors, that dilutes the strength of MMPI or its licensors’ property, or that otherwise infringes MMPI or its licensors’ intellectual property rights.

If you are a trademark or copyright owner and you believe that your rights have been violated, please submit our Proprietary Rights Complaint Form, and any questions you might have, to our designated agent, Cheryl M. Longstreet, at Merchandise Mart Properties, Inc., 222 Merchandise Mart Plaza, Suite 470, Chicago, IL 60654, or at clongstreet@mmart.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please e-mail webmaster@mmart.com.

On certain areas of our Site, we offer interactive features where users can create accounts and post material, communicate with each other, and otherwise network with third parties (for example, at viewrooms.com). The interactive features are provided as a service to you, and use of the features and your account is governed by and subject to the following rules (“Posting Rules”). MMPI may terminate your account if we believe, in our sole discretion, that you have violated the Posting Rules, or have otherwise violated the Terms of Use or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of the Posting Rules, the Terms of Use, the law, or are otherwise inappropriate. MMPI does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

No Illegal, Infringing or Abusive Message Content:
You are responsible for the message, information, data, text or other materials in any message that you post in any interactive feature on the Site (“Postings”), and agree not post anything that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate.

No Violations of Third Party Rights:
You agree that you will not include in your Postings any content that infringes the rights of a third party, including that party’s trademark, copyright, patent, trade secret or other intellectual property rights, nor will you post anything that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of MMPI. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others.

Account Information:
You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. MMPI will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised.

No Viruses, Corrupting Files or Interference:
You agree that you will not include in any Postings any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of MMPI’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Site or feature on the Site.

Miscellaneous:
You agree that any Postings will be written by a person aged 18 or older, be written in English using commonly accepted standards of spelling and grammar, be submitted only one time, and be free from HTML tags or URLs.

You understand and acknowledge that Postings are the sole responsibility of the author, and that MMPI is not responsible for any materials, information or opinions expressed in the Postings. The Postings do not necessarily reflect the opinions of MMPI. If you believe that a Posting was posted in violation of these Posting Rules or Terms of Use, please contact us at webmaster@mmart.com. MMPI may, but typically will not, acknowledge receipt of your complaint. You agree that MMPI cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site.

On certain areas of our Site, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about our products, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through this Site is governed by our Privacy Policy.

By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to MMPI may be used by MMPI anywhere, anytime, and for any reason whatsoever.

The Site may link to websites not maintained or related to MMPI. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Site or MMPI. MMPI has not reviewed any or all of the sites hyper-linked to or from this website and is not responsible for the content of any other sites. Information you submit at a third party site accessible from this Site is subject to the terms of that Site’s privacy policy, and MMPI has no control over how your information is collected, used, or otherwise handled. The links are to be accessed at the user’s own risk, and MMPI makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Further, MMPI does not implicitly endorse third-party sites hyper-linked to this website.

Children under the age of 13 are not permitted to register to use the interactive features of our website such as signing up for e-mail notifications, online sweepstakes, or chat rooms and message boards. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children between the ages of 13 and 17.

You agree to indemnify, defend and hold MMPI, its parents, subsidiaries, trustees, members, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms of Use or the Posting Rules, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

Both you and MMPI acknowledge and agree that no partnership is formed and neither of you nor MMPI has the power or the authority to obligate or bind the other.

This Agreement will be governed by and construed in accordance with the laws of the State of Illinois.Merchandise Mart Properties, Inc.222 Merchandise Mart Plaza, Suite 470Chicago, IL 60654 USA