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Terms & Conditions

16th July 2021

TERMS OF USE

Last updated: 07/16/2021

WELCOME TO THE BRONZEVILLE LAKEFRONT WEBSITE. THIS WEBSITE IS CONFIDENTIAL TO, AND THE PROPERTY OF, GRIT LLC (“GRIT”, “WE”, “US”, “OUR”). ALL ACCESS TO AND USE OF THIS WEBSITE (INCLUDING MOBILE WEBSITE), APPLICATIONS, OR OTHER SERVICES ON WHICH THESE TERMS RESIDE (COLLECTIVELY, THE “WEBSITE”) AND THE FEATURES AT THE WEBSITE ARE GOVERNED BY THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AND/OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

ACCESS TO WEBSITE

Access to the Website is limited to viewing the linked pages solely for legitimate business purposes and subject to these Terms.

The Website may be accessed from various locations both within and outside the United States of America (“USA”). Access to and use of the Website, including functionality and features and products and services available through the Website, may be inappropriate, prohibited, or restricted in certain jurisdictions outside of the USA. In addition, certain functionality, features, products, and services available through the Website may not be available in jurisdictions outside the USA. GRIT makes no representations or warranties that the Website is appropriate or available for use outside of the USA. If You access or use the Website from outside the USA, You do so at Your own risk and are responsible for complying with the laws and regulations of the territory from which You access and use the Website.

If You are under the age of legal majority to form a legally binding agreement under applicable law, You should not use any of the services offered on the Website or provide any information about yourself through the Website (including, but not limited to, Your name, address, email address, phone number, or other personally identifiable information). The Privacy Policy governs the use and disclosure of personal information collected from or provided through the Website.

SCOPE OF TERMS

These Terms govern Your use of the Website and all applications, features, functionality, and services available on the Website, except to the extent such applications, features, functionality, or services are the subject of a separate agreement. Specific terms, policies, restrictions, or agreements (“Other Terms”) may apply to the use of certain applications, features, functionality, or services provided to You on the Website. In the event of any conflicts between these Terms of Use and the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

INTELLECTUAL PROPERTY RIGHTS

The mark BRONZEVILLE LAKEFRONT and related trademarks, service marks and logos (collectively, the “Bronzeville Lakefront Trademarks”) are owned by GRIT and may be registered in the United States and other countries.

All of the materials contained on the Website are copyrighted, except where explicitly noted otherwise. GRIT neither warrants nor represents that use of materials displayed on the Website by You will not infringe the rights of third parties not owned by or affiliated with GRIT. Use of any materials on the Website is at Your own risk.

USE OF THE WEBSITE

The Website is owned and operated by GRIT in conjunction with others pursuant to contractual arrangements. The Website contains content, data, text, graphics, images, audio and video clips, logos, icons, and other materials (collectively, the “Materials”). The Website, the Materials, and the selection, compilation, collection, arrangement, and assembly thereof are protected by the U.S. and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable. The Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of GRIT and its licensors and suppliers.

By using or continuing to use the Website, You represent and warrant that (i) You are at least eighteen (18) years of age; (ii) You are legally entitled to enter into these Terms; (iii) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) You are not listed on any U.S. Government list of prohibited or restricted parties.

You may not (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Website or make the Materials available to any third party in any way; (ii) benchmark, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, or reverse engineer the Services with other software or services; (iii) interfere in any manner with the functionality of the Website or use the Website in any way that breaches any code of conduct, policy or other notice applicable to the Website; (iv) copy any ideas, features, workflows, functions or graphics of the Website; (v) use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (vi) modify, alter or create derivative works of the Website in any way or by any means, whether electronic, mechanical, optical or others, other than as expressly permitted in these Terms; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Website, whether of GRIT or any other third parties; or (viii) otherwise use the Website not in compliance with these Terms.

In addition, You specifically agree not to, in any way, (i) access (or attempt to access) the Website by any unauthorized or automated means other than through an interface that is provided by GRIT; (ii) interfere with or disrupt the integrity or damage the performance of the Website or any other computer system or network or circumvent or manipulate the operation or functionality of the Website, including any hosting services provided by third parties to facilitate the use of the Website; (iii) use robots, crawlers and/or similar applications to collect and compile content from the Website for the purposes of competing with GRIT or in such ways that might impair or disrupt the Website’s functionality; (iv) impersonate any person or entity, or make any false statement pertaining to Your identity, employment, agency or affiliation with any person or entity, or use any account except Your own; (v) collect or process personal information of the users of the Website; (vi) engage in any illegal activities; (vii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Website; (viii) interfere with the proper functioning of any system used in connection with the Website, including deliberate attempts to overload a system by mail bombing or flooding techniques or denial of service attacks, or make any other attempt to circumvent GRIT security or security measures with respect to the Website; (ix) use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (x) upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (xi) upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; or (xii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

GRIT authorizes You to access and view the Website in the manner provided by GRIT and to download certain Materials at the Website only to the extent necessary for Your limited, personal, non-commercial use, as provided in these Terms or as expressly authorized in writing by GRIT or its third-party licensors or suppliers. Except to the extent required by law or as expressly provided in these Terms, You may not modify, reproduce, publicly display, perform, distribute, sell, resell, rent, lease, upload, post, import, retransmit, translate, republish, reverse engineer, create derivative works based on, or otherwise use the Website or any Materials at the Website for any purpose, without the prior written permission of GRIT. Any modification of the Materials or use of the Materials for any other purpose, including use of the Materials on any other website or networked computer environment for any purpose is prohibited. The Materials on the Website are protected by copyright and other laws in both the USA and other countries. Elements of the Website are also protected by trade dress, trade secrets, unfair competition, and other laws and may not be copied or imitated in whole or in part.

When registering for an account on the Website, You may be asked to create a user ID and choose a password. Some areas of the Website may require You to become a registered user of the Website. When and if You register to become a registered user, You agree to provide accurate, current, and complete information about yourself as prompted by Our registration form (including Your email address) and maintain and update such information. You represent and warrant that any information You provide in connection with Your use of the Website is and shall remain true, accurate, and complete and that You shall maintain and update such information regularly. You agree that if any information You provide is false, inaccurate, obsolete, or incomplete, We may terminate Your use of the Website. We may refuse to grant You a user ID if, at Our discretion, it belongs to or is being used by another person, violates the intellectual property or other rights of any person, violates these Terms, or is offensive. You are responsible for keeping Your user ID and password secret and confidential and restricting access to that information. You are solely responsible for all activities that occur using Your user ID and password.

USER SUBMISSIONS

GRIT does not accept ideas, concepts, or techniques for new services or products through the Website. Any materials, information, suggestions, ideas, inventions, designs, know-how, concepts, techniques, or other communications You transmit or post to the Website or to GRIT by any means, including, without limitation, through electronic mail will be considered non-confidential and non-proprietary (“Communications”). GRIT will have no obligations with respect to Communications.

You acknowledge You are responsible for whatever Communications You submit, and that You, not GRIT, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. GRIT and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgment or compensation to You or any other person sending the Communications. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

REVOCATION OF ACCESS

GRIT may, in its sole discretion, and at any time, discontinue the Website or any part thereof, with or without notice, or may prevent Your use of the Website with or without notice to You. You agree that GRIT, in its sole discretion, may terminate or suspend Your use of the Website at any time and for any or no reason, in its sole discretion, even if access and use continue to be allowed to others. Further, You agree that GRIT shall not be liable to You or any third party for any termination or suspension of Your access to the Website. Upon any such termination or suspension, You must immediately destroy any downloaded or printed Materials.

ACCURACY OF INFORMATION

GRIT attempts to verify that information on the Website is complete, accurate, and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Website, or whether or not such information is current. GRIT expressly disclaims any liability for damages, whether direct, indirect, special, punitive, incidental, exemplary, or consequential, resulting from inaccuracies contained on the Website. The property information provided on the Website is for information purposes only. Although GRIT strives to display properties as accurately as possible, sometimes Your computer and monitor settings can affect what You see when You look at the Website.

Information and content may have been contributed to the Website by various third parties, including, without limitation, third party service providers. The inclusion of such information and content does not indicate any approval or endorsement thereof, and GRIT expressly disclaims any liability with respect to such information and content.

INDEMNIFICATION

You agree to indemnify and hold GRIT, its parent, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to (a) Your violation of these Terms, including any violation of the “Guidelines for Linking to GRIT’s Website” section below; (b) any allegation that the Communications You submit through the Website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other personal or proprietary rights of any third party; or (c) Your activities in connection with the Website.

AVAILABILITY AND INTERNET DELAYS

The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, and are partially provided by third parties. GRIT does not warrant or guarantee that the Website or Products or Services offered on the Website will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, available at all times, or immune from unauthorized access. We cannot guarantee the security of Your information transmitted to the Website. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

DISCLAIMER OF WARRANTIES

GRIT DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, GRIT SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GRIT OR ANY OF ITS RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GRIT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO, THROUGH, OR IN CONNECTION WITH OUR WEBSITE BY ANY THIRD PARTY; OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GRIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR MATERIALS, AS APPLICABLE.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply only in these jurisdictions.

LINKS

GRIT has not reviewed all of the sites linked to the Website and is not responsible for the content or privacy policies of any third-party sites. Any links to third-party sites are provided solely for Your convenience. GRIT does not endorse or otherwise recommend any third-party sites or the products or services offered. Viewing all other sites is at Your own risk and GRIT expressly disclaims any liability stemming from Your use of third-party sites. Links to the Website are or could be operated by third parties other than GRIT. You acknowledge that certain information regarding it may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to GRIT or for GRIT business purposes. You acknowledge that the transmittal of information does not necessarily occur over secured lines and that certain sites linked to the Website may not be secure. You acknowledge and agree that GRIT is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

GUIDELINES FOR LINKING TO THIS WEBSITE

If You would like to link to the Website, You must comply with the following guidelines. A site that links to the Website:

· must have express written authority from GRIT prior to linking of any kind or manner;
· may link to, but not replicate GRIT content;
· shall not create a browser or border environment around, or mirror, any portion of the Website;
· shall not imply that GRIT is endorsing it or its products;
· shall not misrepresent its relationship with GRIT;
· shall not present false information about GRIT products or services;
· shall not use the GRIT logo without express written permission from GRIT; and
· shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups and otherwise complies with these Terms.

COPYRIGHT INFRINGEMENT

If You believe in good faith that Your copyrighted work has been infringed by Materials on the Website and You want GRIT to take down or disable the infringing materials, You must provide all the information requested on the below Notification of Claimed Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A).

GRIT requires the following information from you:

· a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
· identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Us to locate the material;
· information reasonably sufficient to permit Us to contact You, such as an address, telephone number and, if available, an electronic mail address at which You may be contacted;
· a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· a statement that the information in Your notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices under this “Copyright Infringement” section with respect to the Website should be sent to GRIT Development LLC, Attention: Morgan Malone at info@bronzevillelakefront.com.

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