Leading Real Estate Companies of the World (referred to herein as "the Partnership," "we" or "us" or "our") provides the Luxury Portfolio Website (the "Website") and related services to you ("User"), subject to the following terms and conditions of use ("Terms and Conditions"). Please read the Terms and Conditions carefully before accessing or using the Website.
By accessing or using the Website, you agree to be bound by the Terms and Conditions. If you do not agree with the terms and conditions, you may not access or otherwise use the Website.
All software and content on this Website, including sales and rental listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the "Content") is the property of the Partnership, or its third party content suppliers, or licensees and is protected by United States and international copyright laws.
IINTELLECTUAL PROPERTY WARRANTY
By submitting, uploading, or causing or requesting any image or other materials (“Materials”) to be published to the Site, you represent and warrant as follows: (a) None of the Materials infringe, misappropriate, dilute, or otherwise violate any intellectual property right of any person or entity; and (b) As of the date hereof, there are no pending or, to your knowledge, threatened claims, litigation, or other proceedings by any third party based on an alleged violation of such intellectual property rights. You will indemnify, defend, and hold harmless [LeadingRE] and its officers, directors, employees, agents, members, affiliates, successors, and permitted assigns (each, an “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys' fees, that are incurred by an Indemnified Party arising out of any third-party claim alleging a breach or nonfulfillment of the representations and warranties set forth herein.
All information on the Website is provide to Users on an "as is", "as available", and "believed accurate" basis without warranty of any kind either express or implied, including but not limited to the implied warranties merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors, or change or withdrawal without notice.
The ability to provide real estate related services or products, such as home mortgages and insurance, varies from state to state. Nothing contained herein should be construed as an offer of such services or products in any state where such an offer would be unlawful.
The Partnership does not warrant or make representations regarding the results that may be obtained by using the Website or as to the reliability, accuracy or currency of any information, content or service acquired by use of the Website. Listings may be withdrawn from the market at any time and are subject to errors, omissions, and prior sale or rental without notice.
The Partnership does not warrant that the Website, its servers, or e-mail transmitted by the Partnership are free of viruses or other harmful components. Content may be updated, changed, modified, or withdrawn at any time. Use of the Website and the Content is at your sole risk. Neither Broker, the Content providers, or any person involved in the creation, production, distribution of this Website warrant that the functions contained in this 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.
LIMITATION OF LIABILITY
The Partnership, its licensees, directors, officers, employees, agents, vendors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website or the Listings, even if the Partnership has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless the Partnership, its licensees, officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms and Conditions.
THIRD PARTY RIGHTS
These Terms and Conditions are for the sole benefit of the Partnership, its licensees, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Website, shall have the right to assert a claim under these Terms and Conditions.
The Partnership reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Website after the Partnership has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, the Partnership reserves the right to make improvements and/or changes in the Content of the Website at any time.
VIOLATIONS OF TERMS AND CONDITIONS OF USE
The Partnership reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Website, including the right to block access from a particular Internet address to the Website. You agree that in the event the damages of a violation of these Terms and Conditions are difficult to determine, the Partnership shall be entitled to $20,000 as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Website and to seek injunction relief.
LINKED INTERNET SITES
As a customer service, the Partnership offers links to other sites. The Partnership does not assume any responsibility for those sites or their privacy policies and provides those links solely for convenience of the Partnership's visitors. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement by the Partnership of the linked site.
ARBITRATION AND GENERAL PROVISIONS
Any claims relating to the Website must be brought in the state or federal courts of the State of Illinois and Cook County and shall be governed by the laws of the State of Illinois, without regard to conflict of laws.