Structure of The Inland Real Estate Group of Companies, Inc.
IPC is part of The Inland Real Estate Group of Companies, Inc., which is a group of separate, legal entities some of which may be affiliates, share some common ownership or have been sponsored by subsidiaries thereof (collectively, “Inland”). Each entity that is part of The Inland Real Estate Group of Companies, Inc. is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on this Website. The products and services included on this Website may be offered by any of the entities that are part of The Inland Real Estate Group of Companies, Inc. Please note that these products and services may change at any time. In addition, there may be eligibility or suitability requirements for these products and services and they may not be available in all geographic areas.
Modifications of This Agreement
IPC reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Website.
IPC is not affiliated or associated with the sponsors, owners or producers of any third party websites that may be linked to or from this Website. These linked sites are not under our control and IPC explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. IPC does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. IPC does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. IPC controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations do so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by IPC or Inland or by third parties who have licensed their materials to IPC and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of IPC or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (i) use or access this Website for any purpose that is unlawful or prohibited by this Agreement; (ii) use or access this Website in a manner that could damage, disable, overburden, or impair any Inland server or the networks connected to any Inland server; (iii) interfere with any third party’s use and enjoyment of this Website; or (iv) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Inland server through hacking, password mining or any other means.
THIS WEBSITE IS PROVIDED BY IPC ON AN “AS IS” AND “AS AVAILABLE” BASIS. IPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. IPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. IPC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. IPC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL IPC OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF IPC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT IPC, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL IPC BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Website shall be subject to the IPC Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Online Copyright Infringement Notification Policy
If you believe that this Website(s) contains materials that constitute copyright infringement, please notify Inland in accordance with our Online Copyright Infringement Notification Policy.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD IPC AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
Terms and Termination
IPC shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, IPC believes that your conduct fails to conform with this Agreement. IPC also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Website. Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to IPC in full within thirty (30) days from the date of such termination.
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of IPC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit IPC’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. IPC may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without IPC’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management’s current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which IPC has no control. IPC has no obligation to update any forward-looking statement in this Agreement or any incorporated document.
Gathering, Modifying and Removing Information
IPC may request and/or collect personal information on the Website that you might elect to provide to IPC (“Personal Information”) when, via the Website, you: (a) contact IPC; (b) use IPC’s services; and/or (c) send requests for information, questions, inquires, or comments to IPC. You are not required to provide Personal Information to access the Website. Personal Information may include: (a) contact information (e.g., name, address, phone number and email address); (b) information regarding certain of your preferences related to IPC or the Website; and/or (c) information regarding how you became aware of the Website. If you would like to review, correct or remove your Personal Information, please contact IPC at the address listed below under “Contact Inland.” IPC will then make all reasonable efforts to correct or remove your Personal Information from the IPC active database.
Gathering Anonymous Information
IPC might collect non-personal and aggregate information about your and other users’ use of the Website, such as page hits, number of visits, web pages viewed and the length of visits to the Website (collectively, “Non-Personal Information”). IPC does not tie this Non-Personal Information to your Personal Information.
Use and Disclosure of Information
Communications and submissions over the Internet might not be secure. Please consider this fact before communicating or submitting any personal or confidential information through the Website.
Inland Private Capital Corporation
2901 Butterfield Road
Oak Brook, Illinois 60523
Attn: Robert H. Baum, General Counsel
IPC POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you to IPC through the Website (collectively, the “Submission”) will forever be the property of IPC and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. IPC will not be required to treat any Submissions as confidential (unless required by law or if IPC has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future IPC operations. Without limitation, IPC will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. IPC retains the right to review, edit or delete from the Website any Submission which IPC in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to IPC recording any communication, electronic or otherwise, between you and IPC and retaining any information and data you submit while using the Website. In using the Website, you may be permitted to communicate electronically with IPC by sending electronic mail to IPC; however, you acknowledge and agree that only general information or inquiries may be submitted to IPC via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to IPC via e-mail as IPC cannot be responsible for responding to any such communications.
IPC may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. IPC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If IPC believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. IPC will fully cooperate with any law enforcement authorities or court order requesting or directing IPC to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS IPC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IPC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER IPC OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, Robert H. Baum, in writing using the following contact information:
Name of Designated Agent to Receive Notification of Claimed Infringement:
Robert H. Baum
Full Address of Designated Agent to which Notification should be Sent:
The Inland Real Estate Group of Companies, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Telephone Number of Designated Agent: (630) 218-8000
Facsimile Number of Designated Agent: (630) 218-4900
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information: The contents of this Website constitute neither an offer to sell nor a solicitation of an offer to buy any security which can be made only by prospectus, filed or registered agencies, and sold only by broker/dealers authorized to do so.