Welcome to the web site for 353 North Clark (the “Site”). This Site is owned and operated by CBRE. If you access and use the Site, you agreed that the terms and conditions set forth below (the “Terms”) govern your use of the Site and are legally binding on you and your employer or any other person or entity on whose behalf you are using the Site. If you do not agree with any of the Terms, do not access or otherwise use the Site or any information contained on the Site. PLEASE READ THE TERMS CAREFULLY.
1. Use of Site
All information, text, graphics, logos, photographs, drawings, products, software and services provided on the Site (collectively the “Content”), including, without limitation, all copyrights, trademarks, service marks, trade names, patent, trademark or other intellectual property rights in the Content (collectively the “IP Rights”), are owned by or licensed to CBRE. The Content may also contain trademarks, service marks and trade names owned by third parties.
We encourage you to access and use the Site and the Content either for your own personal, non-commercial use or for purposes of evaluating the sale, purchase or leasing of space at 353 North Clark. You may access, use and download brochures and other marketing materials posted on the Site to your own hard disk and/or send them to your printer solely for these purposes. You may also provide copies of such brochures and marketing materials to your clients free of charge solely for purposes of consideration of the sale, purchase or leasing of space at 353 North Clark.
Part of the Content on the Site is a comparison of 353 North Clark to its competitors. You may access, use and download the comparison to your own hard disk and/or send them to your printer solely to evaluate the sale, purchase or leasing of space at 353 North Clark. You may also provide copies of the comparison to your clients free of charge solely for purposes of consideration of the sale, purchase or leasing of space at 353 North Clark.
Except for the limited use rights described above, you shall not use, reproduce, publicly display, publicly perform, distribute, store, alter, modify, transfer for sale, disassemble, decompile or reverse engineer the Site or the Content (including without limitation the comparison of 353 North Clark to its competitors).
2. Links to Third Party Sites
YOU MAY NOT LINK TO THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CBRE.
3. Unauthorized Activities
You use of the Content contained on the Site is subject to copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You agree that you will not use the Site or the Content for any unlawful or prohibited purpose. You agree not to interfere with the use of the Site by others, including, without limitation, the submission of any virus to the Site or the transmission of junk mail, spam, bombs or unsolicited email. You further agree not to place on the Site or use the Site to communicate any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or tortious material of any kind or any material that invades, infringes or violates the rights of any person or entity.
You agree to indemnify, defend and hold CBRE and its officers, directors, agents, and employees, and of its affiliated or related entities (collectively referred to hereinafter as the “CBRE Parties”), entirely harmless from and against any and all demands, costs, damages, liabilities, and expenses arising out of any third party claims relating to (i) your use of the Site, (ii) your breach of any of the Terms, or (iii) your violation of any applicable law, regulation or right of any third party.
5. DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBRE PROVIDES THE CONTENT AND ANY OTHER INFORMATION ON THE SITE ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS, EXPENSES, DAMAGES, LOSSES AND LIABILITIES ASSOCIATED WITH YOUR USE OF THE SITE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE CBRE PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE SITE. IN NO EVENT SHALL THE CBRE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF THE CBRE PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Intended Audience
CBRE operates the Site in the United States of America and makes no representation that the Site is appropriate or will be available for use outside the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Site.
Although CBRE has no obligation to monitor your use of the Site, if CBRE becomes aware of inappropriate use of the Site or any aspect thereof, CBRE may take such action as it deems appropriate, including without limitation, reporting illegal activity to law enforcement authorities.
If you violate the Terms, all your rights to use the Site and the Site's Content shall immediately terminate without further notice to you.
You agree that CBRE may make improvements and/or changes in the Content or in the features, amenities, floor plans, prices, and other aspect of the building described in the Site at any time without notice. You acknowledge that CBRE reserves the right to discontinue, on a temporary or permanent basis, the Site and the Content, and the services and products provided therein, without notice and without liability to you.
You agree that CBRE can revise the Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such revisions have been posted constitutes your acceptance of such revised Terms.
Any action related to the Terms will be governed by Illinois law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You irrevocably submit to the jurisdiction of the courts located in Cook County, in the State of Illinois, for the resolution of all disputes arising from or related to the Terms and/or your use of the Site.
If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of CBRE to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CBRE in writing.
The Terms comprise the entire agreement between you and CBRE and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.