General Terms and Conditions for Use of Legwork Chicago Data and Services
These general terms and conditions apply to your use of any marketing data or services provided by Legwork Chicago. or its officers, employees, independent contractors and agents, and to which data or services are referred to collectively as the “Data.”
(a) The term “Legwork Chicago Property” means all, files, systems, documentation, information, content, graphics, page layouts, designs, user interfaces utilized or provided by Legwork Chicago, work product produced by Legwork Chicago, and derivate works of any of the foregoing, including, without limitation, and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Legwork Chicago may develop, use or rely upon in providing the Data to you.
(b) All Legwork Chicago Property shall be and will remain the property of Legwork Chicago.
(c) As between you and Legwork Chicago, Legwork Chicago shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Legwork Chicago Property and the Data.
2. Limited License.
Upon your execution of the Agreement and the payment of all amounts due Legwork Chicago, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by Legwork Chicago, either (a) return the Data to Legwork Chicago without retaining any copies thereof or any notes or other information thereon or (b) provide an affidavit, executed by you, in form and substance satisfactory to Legwork Chicago, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable
3. Limitations on Use.
(a) Unless specifically authorized in advance and in writing by Legwork Chicago, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Legwork Chicago or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.
4. Your Responsibilities; Use of Email Data; Review and Audit by Legwork Chicago.
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) Legwork Chicago reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Legwork Chicago to review such use will not constitute acceptance of such use or waive any of Legwork Chicago’s rights hereunder or limit any of your obligations with respect to the Data.
5. Disclaimer of Warranties; Limited Warranty.
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. LEGWORK CHICAGO DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED, LEGWORK CHICAGO DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability.
Legwork Chicago will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Legwork Chicago to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Legwork Chicago was advised of the possibility of such damages.
7. Your Indemnification of Legwork Chicago.
You shall indemnify, defend and hold harmless Legwork Chicago, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. No Assignment by You.
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Legwork Chicago, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Additional Remedy of Termination.
In addition to all other legal rights and remedies available to Legwork Chicago for any apparent, threatened or actual breach or violation of the Agreement by you, Legwork Chicago has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Legwork Chicago believes you are not complying in full with the Agreement.
11. Governing Law; Jurisdiction.
The Agreement shall be governed by and construed under the laws of the State of Illinois.
13. Entire Agreement; Amendment or Waiver.
The Agreement contains the entire understanding between you and Legwork Chicago and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Legwork Chicago. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
14. Execution; Counterparts.
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document. By purchasing the Chicago Real Estate Investor Database online or direct you hereby agree to all of the terms and conditions set forth in this transmission.
UNAUTHORIZED DUPLICATION OR DISTRIBUTION IS STRICTLY PROHIBITED