M&R Development L.L.C.
1. ACCEPTANCE OF TERMS
We appreciate your visit to our website. M&R Development L.L.C., its shareholders,
affiliates, subsidiaries, directors and officers (collectively, "M&R,"
"we," "us," and "our") provide our service to you
as a user (“User” or “you”) thereof, including information about the properties
we manage (collectively, "Properties") subject to the following Terms
of Service ("Terms"). The Terms cover all information, data, and services
available at http://mandrdevelopment.com (collectively, the "Website").
We may update these Terms by posting a new version at http://www.mandrdevelopment.com/terms
and your continued use of the service after any such update constitutes your binding
acceptance of such changes. Unless explicitly stated otherwise, any new features
that augment or enhance the current Website shall be subject to these Terms.
2. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with services you
request, such as reservations or property information. By providing information
on our Website, such as in conjunction with a request for services, you agree to
provide accurate, current and complete information about yourself as prompted (such
information being the "User Data") and maintain and promptly update your
User Data to keep it accurate, current and complete. If you provide any information
that is inaccurate, not current or incomplete or M&R has reasonable grounds
to suspect that such information is inaccurate, not current or incomplete, M&R
may deny you access to areas of the Website or M&R services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications
from M&R related to content found on the Website. You may opt out of receiving
these communications at any time by sending an email to info@mandrdevelopment.com.
3. PRIVACY POLICY
Your User Data, as well as information that you may provide at other times during
your use of the Website, is subject to our Privacy Policy which is incorporated
by reference into these Terms.
4. ACCOUNT PASSWORD AND SECURITY
The Website may contain features that require registration ("Restricted Areas").
Users are not required to register to use the Website, but may not be able to access
some content without registration. At the time of registration for online account
access, you will select a Username and Password to be used in conjunction with your
account. You are responsible for maintaining the confidentiality of your Password,
and are fully responsible for all uses of your Password, whether by you or others.
You agree to (a) keep your Password confidential and not share them with anyone
else; (b) immediately notify M&R of any unauthorized use of your Password or
account or any other breach of security; and (c) use only your Password to access
the Website's Restricted Areas. M&R cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section. You acknowledge
and agree that M&R is authorized to act on instructions received through use
of your Password, and that M&R may, but is not obligated to, deny access or
block any transaction made through use of your Password without prior notice if
we believe your Password is being used by someone other than you, or for any other
reason. You acknowledge, consent and agree that M&R may access, preserve and
disclose your account information and content if required to do so by law or in
a good faith belief that such access, preservation, or disclosure is reasonably
necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to
respond to claims that any content violates the rights of third parties; (iv) to
respond to your requests for customer service; or (v) to protect the rights, property,
or personal safety of M&R, its users and the public.
5. NON-COMMERCIAL USE
By using the Website, you acknowledge and agree that the Website is for personal
use only. You may copy information from the Website for personal use, such as to
view, print, or email the information for non-commercial purposes, but you warrant
that you will not, under any other conditions, reproduce, duplicate, copy, sell,
trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any
portion of the Website. [Any software or portion thereof that is available on the
Website is licensed to M&R Development for a User’s personal use only, and you
may not retransmit, redistribute, reverse engineer, disassemble, decompile or otherwise
attempt to access the source of such software from the Website.]
6. MODIFICATIONS TO SERVICE
M&R reserves the right at any time to modify or discontinue, temporarily or
permanently, the Website (or any part thereof), including the Restricted Areas,
with or without notice. You agree that M&R shall not be liable to you or any
third party for any modification, suspension or discontinuance of the Website.
7. TERMINATION
You agree that M&R may, in its sole and absolute discretion and without notice
or liability to you or any third party, immediately terminate your access to the
Website or the Restricted Areas. Grounds for such termination shall include, but
not be limited to, (a) breaches or violations of the Terms or other agreements or
guidelines, (b) requests by law enforcement or government agencies, (c) a request
by you (self-initiated account deletions), (d) discontinuance or material modification
of the Website (or any part thereof), (e) unexpected technical or security issues
or problems, and (f) extended periods of inactivity. Termination of your account(s)
may include removal of access to all offerings within the Website's Restricted Areas,
at M&R's sole discretion, the deletion of all of your Website account information
and other content associated with your Website account (or any part thereof), and
barring further use of the Website's Restricted Areas.
8. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers and other third parties found on or through the Website, including payment
for and delivery of related goods and services, and any other Terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such third party. You agree that M&R shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers or third parties on the Website.
9. LINKS TO WEBSITES OF THIRD PARTIES
The Website may provide links to other World Wide Web sites or resources. You acknowledge
and agree that such links are provided solely for a User’s reference. Because M&R
has no control over such sites and resources, you acknowledge and agree that M&R
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You further
acknowledge and agree that M&R shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available on or through
any such site or resource.
10. INDEMNITY
You agree to indemnify, defend, and hold M&R, its officers, directors, employees,
agents and representatives, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of the
Website, any transaction resulting from use of the Website, your connection to the
Website, your violation of these Terms, your submission, posting, or transmission
of personally identifiable information or other data to the Website, and/or your
violation of any rights of another.
11. OUR PROPRIETARY RIGHTS
All rights, title, interests, ownership and intellectual property rights in and
to the Website are owned by M&R Development L.L.C. You acknowledge and agree
that the Website contains proprietary and confidential information that is protected
by United States copyright law, applicable intellectual property and other laws.
All trademarks, service marks, advertising slogans and names provided on the Website
are proprietary to M&R Development L.L.C. Except as expressly authorized by
M&R, you agree that all rights described herein are reserved to M&R and
you are not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Website, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. M&R EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. M&R DOES NOT
WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION RELATING TO PRICES
OR AVAILABILITY. M&R ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS
OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE
IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM M&R OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT M&R SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF M&R HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE M&R WEBSITE; OR (v) ANY OTHER
MATTER RELATING TO THE WEBSITE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
Logos, photographs and tag lines are trademarks and service marks of M&R Development
L.L.C. (the "M&R Marks"). You agree that you will not display the M&R Marks, or
use the M&R Marks in any manner, without the prior written permission of M&R.
16. CHOICE OF LAW
The Terms and the relationship between you and M&R shall be governed by the laws
of the State of Illinois without regard to its conflict of law provisions.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall
be no third party beneficiaries to these Terms.
18. GENERAL INFORMATION
A. Entire Agreement. The Terms constitutes the entire agreement
between you and M&R with respect to the Website and supersedes any prior agreements,
oral or written, between you and M&R.
B. Waiver and Severability of Terms. The failure of M&R
to exercise or enforce any right or provision of the Terms shall not constitute
a waiver of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full force and
effect.
C. Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to the use of the Website or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
D. Jurisdiction. You agree that any claim or suit with respect
to these Terms shall be submitted to the exclusive jurisdiction of the state and
federal courts of Cook County, Illinois.
E. Severability. If any part of these Terms is determined
to be invalid or unenforceable with respect to applicable law, including but not
limited to, the warranty disclaimers and liability limitations set forth herein,
then the invalid or unenforceable Terms will be deemed automatically amended and
restated by valid provisions that are most similar in intent to the original Terms
and the remainder of the Terms shall remain in full force and effect.
F. Section Titles. The section titles in the Terms are for
convenience only and have no legal or contractual effect.
19. VIOLATIONS
You agree that if you become aware of any violations of the Terms, you will report
such violations to info@mandrdevelopment.com.