PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.  By accessing or otherwise using this condoperks.com website ("Website"), you agree to be bound by these Website Usage Terms and Conditions (collectively, the "Terms") each time you access or use this Website.

    These Terms govern your use of the condoperks.com website ("Website").  The Website is designed to provide online information to our users ("You" or "you") for products and services provided by CondoPerks LLC ("Condo Perks"). The use of this Website and the products and services offered on this Website are governed by these Terms. Your use of this Website in any manner including, but not limited to, browsing or activating an account, constitutes your acknowledgement that you have read these Terms and that you agree to follow and be bound by them.  Condo Perks reserves the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website.  By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms.   If you access or use the Website after Condo Perks posts a change to these Terms, you agree to be bound by such change.  If you do not intend to accept the change, you must immediately terminate access or use of the Website. This Website is available only for your personal, non-commercial use.  You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms. 

1.    Restrictions on Use of Website and Inappropriate Behavior

    You will not engage in any conduct that, in Condo Perks’ sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website.  You may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or any of its content in any form unless you have obtained Condo Perks’ prior written consent.  You will not access or use the Website for any unlawful purpose.  You will not post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially offensive, ethnically offensive content, or any material of any kind that Condo Perks considers objectionable.

    The following activities are also expressly prohibited and you will not engage in any such activities: using the Website for any non-personal or commercial use; using any "robot", "spider", "easter eggs", cheats, levels or other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any content on any other server; collecting or using of products provided through this Website for the benefit of any supplier of competitive or comparable products; or any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value.

2.    Ownership of Information and Intellectual Property Contained on Website

    "Content" means any and all images, content, methodology, benefits, text, audio, instructional, customer IDs and other information, music, graphics, sounds, links and other components found on or in this Website.  The Content is the property of Condo Perks and is protected by copyright (whether published or unpublished or a collective work), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights.  These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed.  All Content is protected by U.S. worldwide copyright laws and treaties. Except as expressly provided in these Terms, You will not, nor enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, distribute, modify, alter or use any Content in any way without Condo Perks\' prior written consent. Except as may be expressly provided in these Terms, Condo Perks does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content.  The Condo Perks\' marks, custom graphics and button icons are service marks, trademarks, and/or trade dress of Condo Perks.  You will not use any "meta tags" or any other "hidden text" utilizing Condo Perks\' name or trademarks without the express prior written consent of Condo Perks. You may not use any Condo Perks logo or other proprietary graphic or trademark as part of any link without Condo Perks\' express prior written consent.  You do not and will not acquire any ownership rights to any content in the Website. Any unauthorized use terminates any permissions or licenses granted hereunder.  Other trademarks appearing on the site are the property of their respective owners. Improper copying, use or conduct may constitute an offense that is subject to civil and/or criminal penalties relative to the intellectual property rights set forth herein. 

3.    CondoPerks Benefits.   

    CondoCash and other benefits provided by CondoPerks are available only to condominium associations that become CondoPerks subscribers and are provided solely to the condominium association itself.  No benefits vest in the individual condominium owners and are not benefits associated with a condominium unit so the benefits may not be transferred or otherwise conveyed with the condominium unit.

4.    Information Accuracy and Updates

    The information published on this Website by Condo Perks may include technical inaccuracies or typographical errors.  Subject to the restrictions set forth in these Terms, Participant site administrators for the sub-domains may post information and events directly related to their condo residents.  Condo Perks may add, delete or change Content or any information contained in any products without notice to you.  Condo Perks and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) or services described herein at any time. Condo Perks has no duty to update this Website or any Content, and Condo Perks shall not be liable for any failure to update any such information.  Condo Perks shall not be liable for any errors or omissions on this Website.  Condo Perks does not warrant the accuracy or completeness of any Content offered through this Website.  Condo Perks makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited is at your own risk.  Content is made available as a general information forum and is not intended to be formal training or a substitute for formal training.     
    Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Condo Perks. In many instances, the Content available through the site represents the opinions and judgments of the respective information provider or user. Condo Perks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Condo Perks spokespersons acting in that capacity.
5.    No Endorsements

    Product information contained in this Website is general information, is not an endorsement by Condo Perks, and may not be applicable to your specific uses or circumstances.  Information on this Website should not be relied upon in any specific application, and Condo Perks disclaims any liability for any such reliance.

6.    Communication of Unsolicited Ideas

    Condo Perks is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content.  However, you may submit messages, data, comments and provide other information (collectively, "Messages") so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Condo Perks or any third party, or contain a software virus or other illicit code, mass mailing, chain letter, or any form of "spam."  You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.  Any Messages submitted by you to Condo Perks through this Website shall be and remain the sole and exclusive property of Condo Perks and may be used by Condo Perks for any purpose whatsoever, commercial or otherwise, without compensation.  You represent and warrant to Condo Perks, and accept responsibility for, the accuracy, appropriateness and legality of the Messages you submit, directly or indirectly. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms. You assign to Condo Perks all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Condo Perks is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you.

    Messages delivered by or from you to this Website (whether via posting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential.  Condo Perks shall not be responsible to keep such information confidential, and Condo Perks shall not be liable for any use or disclosure thereof.

7.    Access to Password Protected/Secure Areas

    Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.  You are responsible for securing and keeping your passwords confidential.

8.    Incorporation of Privacy Policy

    Because Condo Perks respects your right to privacy, Condo Perks has developed a Website Privacy Policy to inform you about Condo Perks\' privacy practices. Please review Condo Perks\' Website Privacy Policy, which is incorporated herein.

9    Disclaimer of Warranties and Limitation of Liability

    THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, CONDO PERKS DOES NOT MAKE AND DISCLAIMS ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUALITY, QUIET ENJOYMENT, AND TITLE.  CONDO PERKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT CONDO PERKS’ E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CUSTOMER’S COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE IS OR WILL BE ERROR FREE OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT CONDO PERKS WILL NOT BE LIABLE BY REASON OF SUCH USE.  YOU AGREE THAT ANY EFFORTS BY CONDO PERKS TO MODIFY ITS SOFTWARE, WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE.  YOU FURTHER AGREE THAT CONDO PERKS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY YOU, YOUR EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE SOFTWARE, THE WEBSITE, THIS  AGREEMENT OR OTHERWISE, EVEN IF CONDO PERKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.  Condo Perks\' liability in connection with this Website shall at all times be limited to the maximum limitation permitted by law.  Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages.  To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms. 

10    Notices

    Unless otherwise provided in these Terms, all notices, requests, confirmations, waivers, and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at Condo Perks, if any, or, (b) if given to Condo Perks, then by e-mail addressed to webmaster@condoperks.com, with a copy in writing delivered by any means to Condo Perks LLC, 1101 S. State Street, Chicago, IL  60605, Attention: Webmaster.

11    Indemnification
   
    You agree to keep, save, protect, indemnify, and hold harmless Condo Perks, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys\' fees, incurred or sustained by Condo Perks arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Condo Perks (including negligent or wrongful conduct).

12    For Use in the United States

    This Website is controlled and operated by Condo Perks from its offices within the United States, currently located in Chicago, Illinois. Condo Perks does not represent that the Website is appropriate or available for use elsewhere including access to the Website from locations where any of its Content is illegal or not authorized. If you access this Website from outside the United States, you do so at your own risk.

13    Arbitration

Any claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”).  The arbitration shall be heard by the AAA and determined by a single arbitrator with experience with information technology disputes.  The arbitration proceedings shall take place in Chicago, Illinois and shall be conducted in English.  Each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information.  Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal\'s determination of the merits of the claim).

14    Jurisdiction and Venue

    These Terms shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cook County, Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of Condo Perks\' Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.

15    Miscellaneous Terms

    Condo Perks’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Condo Perks and you or any other party nor trade practice shall act to modify any provision of these Terms.  If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain and have their intended full force and effect.  The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.


Last Updated:  June 25, 2007