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Updated February 6, 2007
ACCEPTANCE OF TERMSBy accessing or using this Site or its affiliated sites of www.acresmgmt.net, www.acresmgmt.info, www.acresmgmt.biz, www.acresmgmt.org, in any way, including using any Services, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Acres Property Management Company, LLC “Acres” may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. Acres may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of acresmgmt.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between ACRES and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and ACRES on such subject matter (including any prior versions of the Terms of Use).
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
· Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
· Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Acres server or to the Site without authorization from Acres, whether through hacking, password mining or any other means.
· Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
· Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
· Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
· Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
· Transmit unsolicited or bulk communications to any Acres account holder or to any Acresmgmt.com or affiliated e-mail address.
· Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
· Create a false identity for the purpose of misleading others.
· Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
· Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
· Access or use the Site in any manner that could damage, disable, overburden or impair any Acres server or the network(s) connected to any Acres server.
· Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
· Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
· Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
· Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
· Violate the rights of Acres or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
· Use any Acres domain name as a pseudonymous return e-mail address.
· Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Acres.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. Acres offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Acres provided Services or another Third-Party Service. You agree that you will not hold Acres responsible or liable with respect to the Third-Party Services. Certain Services and Materials will only be made available to users who have paid Acres a fee for such Services and Materials. Such users may additionally be required to enter into a Contract agreement or other use agreement for that particular Service or Material. Acres, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Acres may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Acres deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Acres immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Acres display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
LINKS TO OTHER WEB SITES This Web site contains links to other Web sites, which are owned or controlled by third parties. Acres provides such links for your convenience only and is not responsible under any circumstances for the use, content, operations or practices of the Web sites which can be accessed through those links. The inclusion of (a) third party banners or advertisements within pages of this Web site, and (b) individual pages from other Web sites within frames pages of this Web site, is also considered as linking for the purposes of these Terms of Use. Linking to other Web sites does not imply that Acres approves of, endorses, controls, recommends or accepts any responsibility under any circumstances for those Web sites and the materials, information, documents, software, products or services they contain. Acres disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other Web site.
RESTRICTION AND TERMINATION OF USEAcres may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Acres sole discretion, without prior notice or liability to you.
DOWNLOADABLE FORMS
The website contains various public documents, copied from third parties or copies of standard forms requested by owners or potential owners of units of community associations or their agents. These forms are accessed to the user for a convenience fee to cover the costs of making them available on this site. They cover the direct cost of obtaining, copying, completing, hosting and providing said forms to the user. The user acknowledges that none of the legal documents are a product of Acres, as Acres is not a licensed attorney to practice law in any jurisdiction. Users will not consider any copies of these documents legal advice and not use any of these as such. Forms are downloadable for 14 days. After the 14 days, forms are no longer able to be downloadable. The user will be solely responsible for downloading the forms prior to the expiration of the 14 days. Alternatives to acquiring forms that are Downloadable – Users of this website who do not wish to download the forms or fill out the closing statement may request the same forms via fax or traditional mail. The user must complete the refinancing form that can be found on the www.acresmgmt.com website. All requests for closing statements or association documents must be paid in advance with a certified check. No orders will be processed until payment is received.
Orders can be Faxed to: (630) 596 – 8333
Our Mailing Address is: Acres Property Management, LLC
3333 Warrenville Road – Suite 200
Lisle, IL 60532
Copy of Declarations should be obtained from the seller. Acres can provide a copy of the declarations for a fee. Each Association has a different price for their documents. Closing Statements and other documents are priced at $95.00 per sheet if received at least one week prior to the close. If received less than one week, the fee is $170.00 per sheet. Fees must be prepaid with a certified check prior to us processing the request.
CLOSING STATEMENTS CREDITClosing statements – Unit owners who purchase closing statements are granted a credit of $30.00 US Dollars for any closing statement that needs to be reissued within 30 days of the initial purchase for delays in the closing of the applicable unit units. The user will need to request a new closing statement and pay the full price. Credit will be issued by Acres to the purchaser by the end of the month following the second purchase. If the time period is greater than 30 days, the buyer will need to purchase a new closing statement for the new price and will not receive any credit. Other than fraud, no refunds will be issued and all sales are final.
WARRANTIES AND DISCLAIMERSTHE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY ACRES UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ACRES MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ACRES MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND ACRES MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (i) ACRES DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) ACRES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ACRES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES. ACRES DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ACRES SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ACRES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACRES WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ACRES ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS. THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ACRES ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACRES OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. ACRES WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
SPAM E-MAIL AND POSTINGSIn the event of your or others’ access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that ACRES would be irreparably harmed there under and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that ACRES is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). ACRES may without restriction block, filter or delete unsolicited e-mail.
ADVERTISEMENTS AND PROMOTIONS ACRES may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that ACRES is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-ACRES advertisers on the Site or in connection with the Services or Materials.
PERSONAL INFORMATION AND PRIVACYACRES will use and protect your data, such as your name and address, in accordance with the ACRES Online Privacy Policy, the contents of which are incorporated by reference into the Terms of Use. In summary, Acres does not share any data with any third party. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the ACRES online store.
UNSOLICITED IDEA SUBMISSION POLICYAny unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to ACRES for consideration via this Site shall not be considered or accepted by ACRES, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith). For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant ACRES and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that ACRES is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that ACRES shall not be liable for any failure to store User Materials on the Site at any time. Any rights not expressly granted herein are reserved.
INDEMNITY AND LIABILITYYou agree to indemnify and hold ACRES and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) the actions of any member of your Work Group; (f) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials. ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
GOVERNING LAW AND JURISDICTIONThis Site (excluding linked sites) is controlled by ACRES Property Management, LLC from its offices within the state of Illinois, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Dupage County Illinois Court County and the United States District Court for the Northern District of Illinois with respect to such matters.
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