WWW.WESTARPROPERTIES.COM WEB SITE
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. Your use of this Web site is
expressly conditioned on your acceptance of the following
terms and conditions of www.westarproperties.com (wholly owned by Westar Properties, Inc., an Illinois licensed real estate corporation). PRIVACY POLICY.
By accessing this
Web site, or downloading or viewing any materials, you are
signifying that you have read and agreed to all applicable
guidelines, policies, regulations and rules set forth herein
or otherwise provided by Westar Properties, Inc. ("Westar")
and you signify your assent to these Terms and Conditions.
If you do not agree with any part of the Terms and Conditions,
you must not access any materials or otherwise use this
Web site. Any rights not expressly granted within these
Terms and Conditions are reserved by Westar.
Limited permission to view using a browser and to cache
granted subject to the Terms and Conditions herein.
All content, images, Web site design elements, text, graphics,
logos, buttons, icons, other material, the presentation,
selection and arrangement thereof, and all software
Copyright © 2011
Westar Properties, Inc.
2021 Midwest Road, Suite 200, Oak Brook, Illinois 60523.
ALL RIGHTS RESERVED.
This agreement addresses the use of material at www.westarproperties.com
or material otherwise made available by Westar (collectively
referred to as "Content"), regardless of the medium.
1. OWNERSHIP. This Web site and all Content available via
this Web site are the copyrighted property of Westar, and/or
its various third party providers. Third party providers
may own portions of the material found on this Web site
and such material is the copyrighted work of the respective
third party provider. None of the Content or data found
on this Web site may be reproduced, republished, distributed,
sold, transferred, stored or archived, in whole or in part,
without written attribution to the following effect: "The
following text is being reprinted with the permission of
the copyright owner, Westar Properties, Inc." The reproduced
text must also accompany the following proprietary notice:
"Copyright © 2011, Westar Properties, Inc. All
rights reserved." In addition, the trademarks, logos
and service marks displayed on this Web site (collectively,
the "Marks") are registered and/or common law
marks of Westar, its affiliates, and various third parties.
Nothing contained on this Web site should be construed as
granting, by implication, estoppel or otherwise, any license
or right to use any of the Marks without the written permission
of Westar or such other party that may own the Marks.
2. USE OF WEB SITE. This Web site and the Content provided
in this Web site may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without written
attribution to the following effect: "The following
text is being reprinted with the permission of the copyright
owner, Westar Properties, Inc." The reproduced text
must also accompany the following proprietary notice: "Copyright
© 2011, Westar Properties, Inc. All rights reserved."
All other forms of archiving, saving, "embedding"
or using analogous technology to capture Content is strictly
prohibited unless specifically authorized in writing. Unauthorized
use of this Web site and/or the Content contained on this
Web site may violate applicable copyright, trademark or
other intellectual property laws or other laws. Any Content
retained by you must include all copyright and trademark
notices and other proprietary notices contained in the Content.
You are prohibited from submitting, posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law.
3. PRIVACY. You have read the www.westarproperties.com
PRIVACY POLICY, the terms of which are incorporated herein, and agree
that the terms of such policy are reasonable. You consent
to Westar's and/or its third party providers' use of any
information submitted to www.westarproperties.com in accordance
with the terms of and for the purposes set forth in the
www.westarproperties.com Privacy Policy.
4. TERMINATION. This Agreement may be terminated by you
at any time by discontinuing use of the www.westarproperties.com
Web site. This Agreement may be terminated by Westar at
any time, for any reason, or no reason at all, with or without
prior notice to you. Upon any termination by Westar, you
shall discontinue any efforts to access the www.westarproperties.com
Web site.
5. EXCLUSION OF WARRANTY. WESTAR AND ITS THIRD PARTY PROVIDERS
MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR
ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED
ON AN "AS IS" BASIS. WESTAR AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY
OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS
SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY. WESTAR ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS
SITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA, TEXT, IMAGES,
VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT
SHALL WESTAR OR ANY OF ITS THIRD PARTY PROVIDERS BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS
OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY
WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND
HEREIN, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY WESTAR
OR ANY OF ITS THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES
OR ANY OTHER PARTY.
7. INDEMNIFICATION. You shall defend and indemnify Westar
and any of its third party providers and the officers, directors,
employees and agents of each of them from and against any
claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by third parties
as a result of your use of this Web site.
8. LIMITATION OF CLAIMS. You agree that regardless of any
applicable law to the contrary, you cannot file a claim
or cause of action arising out of or related to the www.westarproperties.com
Web site or these Terms and Conditions more than one (1)
year after such claim or cause of action arose.
9. LINKS. This Web site may contain links to other Web
sites that are provided solely as a convenience to you and
are not necessarily an endorsement by Westar or its third
party providers of the contents of such other Web sites.
Neither Westar nor any of its third party provider shall
be responsible for the content of any other Web sites and
makes no representation or warranty regarding any other
Web sites or the contents or materials on such Web sites.
If you decide to access other Web sites or participate in
any offers or programs via such Web sites, you do so at
your own risk. Linking to this Web site (other than to the
home page www.westarproperties.com) without the express
written permission of Westar is strictly prohibited. To
request permission to link to specific content on this Web
site, please submit a request in writing to Contact@westarproperties.com.
Westar reserves the right to cancel and revoke any permission
it may give to link to any content on the www.westarproperties.com
Web site at any time, for any reason, without any prior
notice, and without any liability to you or any other person.
Framing, mirroring, scraping or data mining any content
on this Web site in any form and by any method is strictly
prohibited.
10. SUBMISSIONS. "Submissions" means all comments,
feedback, suggestions, photos, surveys, reports, e-mail
and other information or materials that you submit to www.westarproperties.com.
Submissions will not be confidential and will become the
property of Westar upon submission to www.westarproperties.com.
By providing any such Submissions, you agree to assign to
Westar, at no charge, all worldwide rights, title and interest
in copyrights and other intellectual property rights to
the Submissions. You represent and warrant that any Submission
you provide to www.westarproperties.com will be complete
and accurate. You acknowledge that you are responsible for
the Submissions that you provide, and that you, not Westar,
have full responsibility for the Submissions, including
their legality, reliability, appropriateness, originality
and copyright. Westar does not prescreen or monitor any
Submissions as a matter of policy.
11. CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the copyrights
of others. If you believe that your copyright is being infringed
on the site, please notify our Agent Designated to Receive
Notification of Copyright Infringement at:
Westar Properties, Inc.
2021 Midwest Road, Suite 200
Oak Brook, Illinois 60523
Voice: (630) 705-5500
Fax: (630) 705-5501
E-mail: s.baumann@westarproperties.com
To be effective, such notification must be in writing and
must include:
o The name, address, and physical or electronic signature
of the complaining party
o The name or other identifying information that identifies
the copyrighted work
o The nature of the alleged infringement
o The location (web address or URL) where the infringement
is alleged to have occurred
o A statement by the owner of the copyright that it has
a good faith belief that there is no legal basis for the
use of materials complained of
o A statement that the notification is accurate and that
the complaining party is or is authorized to act on behalf
of the copyright owner
12. RELATIONSHIP. Your use of this Web site is independent
of Westar and not as an employee, agent, partner, or joint
venturer with Westar for any purpose.
13. GOVERNING LAW. This Agreement and its performance shall
be governed by the laws of the State of Illinois, United
States of America, without regard to its conflict of laws
provisions. You consent and submit to the exclusive jurisdiction
of the state and federal courts located in the State of
Illinois, United States of America, in all questions and
controversies arising out of your use of this Web site and
this Agreement.
14. MODIFICATION. Westar may at any time modify these Terms
and Conditions and your continued access of this Web site,
its Content or other use of this site will be conditioned
upon the terms and conditions in force at the time of your
use. It is your responsibility to review these Terms and
Conditions periodically for any changes or modifications,
as there will be no individual notices to you regarding
such changes or modifications. You may check for new versions
of these Terms and Conditions by checking www.westarproperties.com.
Your continued use of any service offered by Westar constitutes
an affirmative acknowledgment by you of these Terms and
Conditions including any subsequent modifications made to
them and your agreement to abide and be bound by them.
15. SEVERABILITY. These Terms and Conditions shall be deemed
severable. In the event that any provision is determined
to be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity
and enforceability of any other remaining provisions.
16. WAIVER. The failure of Westar to exercise or enforce
any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision.
17. ENTIRE AGREEMENT. These Terms and Conditions, together
with those incorporated herein or referred to herein constitute
the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or
agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing
or by making such amendments or modifications available
on this site.
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