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Terms of Use

Terms of Use

Last Revised April 1, 2018

These Terms of Use are the terms and conditions of a legal agreement between you and Classic Residence Management Limited Partnership, an Illinois limited partnership doing business as Vi, and its affiliates (collectively, Vi,” “we or us”). These Terms of Use apply to the Vi website located at www.viliving.com and Vi’s social media pages, including but not limited to Facebook (collectively, the “Sites”).

YOU AND VI UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 14 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION, AND YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.

1.  Acceptance of Terms of Use

BY ACCESSING, BROWSING AND/OR USING THE SITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH INCORPORATE THE PRIVACY POLICY AS IF FULLY SET FORTH HERE, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO USE THE SITES AND YOU SHOULD NOT USE THE SITES.

These Terms of Use may be revised or updated from time to time. Accordingly, you should check the Terms of Use regularly for updates. You can determine when the Terms of Use were last revised by referring to the "Last Revised" legend at the top of this page. Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms of Use. Any material changes in these Terms of Use will take effect upon posting and apply only to your use of the Sites on and after the Last Revised date, unless we have other communications with you.

We may make changes to the Sites or their content, services or features at any time. You understand and agree that we may discontinue or restrict your use of all or any part of the Sites at any time for any reason or no reason with or without notice.

Special terms may apply to some services, features or products offered on the Sites. Such special terms may be posted in connection with the applicable offering. If you participate, in an offering you will become subject to those terms. We urge you to read the terms which are applicable to the particular offering, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with these offerings. Any special terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail over these Terms of Use.

2.  Residency Agreements. Nothing on this Site is intended to or does modify, amend and/or supersede the terms of any residency agreement.

3. Permitted Users of the Sites and Permitted Uses.  The Sites are intended for use by persons eighteen years of age or older. If you provide information through the Sites, you represent that you are eighteen years of age or older. If you are a parent or guardian and believe Vi may have inadvertently collected personal information from your child, please notify Vi immediately by sending an email to info@viliving.com detailing the basis of your belief and your request.

The content made available through the Sites is for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any content. Any use of the Sites or content in any way not expressly permitted by these Terms of Use is prohibited, and may be actionable under United States or international law. Vi reserves the right to terminate your right to use the Sites or any part or to block access to the Sites from a particular internet address.

Vi strictly prohibits the use of any software, tools, programs, robotic algorithms or products to automatically download, scrape, search or spider the Sites or any of part of the Sites. By accessing or using the Sites, you acknowledge and agree that you shall not engage in any such conduct.

The Sites are controlled and operated by Vi within the State of Illinois, United States of America. Vi makes no representation that materials on the Sites are appropriate or available for use outside of the United States of America, and access to them from locations where their contents are illegal or otherwise regulated is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws

4.  Proprietary Rights. The material provided on the Sites is protected by law, including but not limited to the United States copyright law and international treaties. You acknowledge and agree that, as between Vi and you, all right, title, and interest in and to the Sites and their content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, brands, logos, slogans, trade names, trade dress, software, text, graphics, button icons, audio clips, photos, videos and all other intellectual property rights, are owned exclusively by Vi or its affiliates, suppliers, vendors, licensors or partners, and are protected by United States intellectual property and other applicable laws. Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement of, or recommendation of Vi by the respective trademark owners, or by Vi of the respective trademark owners.

Except as otherwise expressly stated herein, none of the material provided on the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Vi or the copyright owner. Permission is hereby granted to you to visit, view and retain a single copy of the pages of the Sites for your own personal use and/or to send a single copy of individual pages of the Sites to a third party for the sole and limited purpose of informing that person about the services offered by Vi for personal use, subject to these Terms of Use. This permission terminates automatically if you breach any of these Terms of Use. Upon termination of this permission, you must immediately destroy any copied or printed materials from the Sites. In no event may you duplicate, download, publish, modify or otherwise distribute any material from the Sites for any purpose other than those expressly provided for herein without the prior express written consent of Vi.

You further agree that you may not use, modify, republish, frame, print, display, perform, reproduce, provide access to, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from any part of the Sites, unless specifically authorized to do so in writing by Vi. Any unauthorized use of any material contained on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and laws, regulations and statutes.

You acknowledge that you do not acquire any ownership rights in any content on the Sites by virtue of having downloaded such material from the Sites. All right to copyrightable material not expressly granted hereunder are expressly reserved to Vi. Vi, is a registered trademark of Classic Residence Management Limited Partnership. In countries where any of the trademarks, service marks, logos and trade names used on the Sites are not registered, Vi claims other rights associated with unregistered trademarks, service marks, logos and trade names. No user of the Sites is granted any rights to such trademarks, service marks, logos or trade names.

5.   Activities Site.  Vi uses TouchTown Inc. as a vendor for allowing residents online access to dining reservations, registration for classes and activities and other functions at Vi communities or sponsored by Vi or its partners. Residents may use TouchTown's online services through a web browser or by downloading the TouchTown app.  When you create an account with TouchTown or use TouchTown's services, you are giving your information to TouchTown and agreeing to TouchTown's terms of service and privacy policy.  TouchTown may share information about you and your reservation, registration or other participation in such activities with Vi or its partners.     

6.  Site Security. You acknowledge and agree that you will not violate, or attempt to violate, the security of the Sites. Accordingly, you agree that you will not (i) access any data or materials located on the Sites which, by their nature, are not reasonably intended for your use or access, (ii) log into any server or user account associated with the Sites which you are not authorized to access, (iii) transmit or relay through the Sites or any associated server any spam or other broadly disseminated unsolicited email, or use the Sites or any associated server to spoof or otherwise disguise or conceal the identity of the party originating any email, (iv) use the Sites for any fraudulent or illegal purpose, (v) use the Sites or any associated server to email, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortious, libelous, harassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, (vi) probe, scan or test the Sites or any associated server, or attempt to probe, scan or test the Sites or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or (vii) interfere with, or attempt to interfere with, any third party use of the Sites or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Sites or any associated server or network, and any effort to crash or disrupt the Sites or any associated server or network by means of a volume of service requests in excess of the capacity of the Sites or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. Vi reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.

7.  User Conduct. By using the Sites, you agree that you shall not:

(a) delete, modify, hack or attempt to change or alter any of the
content on the Sites;

(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to the
Sites, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Sites; or

(c) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the
Sites or servers or networks connected to the Sites, or take any other action that interferes with administration and operation of the Sites or other parties’ use of the Sites.

8.  Submissions. Any messages, notes, suggestions or other material which you may submit to Vi through or in connection with the Sites (including without limitation your messages sent to email addresses provided on the Sites or posts to the Vi Facebook page) (“Submissions”) may be used by Vi in its sole discretion for any purpose and in any manner, including without limitation promotional and advertising purposes, without compensation to you of any kind and without any right to inspect such use. You agree that your Submission does not establish a fiduciary or confidential relationship with us and will not place us in the position of receiving a disclosure in trust. In addition, you agree that (i) you will not transmit any Submission to Vi which infringes upon the rights of any third party, (ii) any Submission that you transmit to Vi shall be truthful, accurate, not misleading, not in violation of any third party rights, offered in good faith, and not confidential, and (iii) to the extent that any Submission which you transmit to Vi shall include any copyrightable material, you represent and warrant that you are the owner of such copyrightable material or have the right to grant Vi a license to use such copyrightable material, and you hereby grant to Vi a perpetual, irrevocable, royalty-free and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and create derivative works of such Submission in any media or medium, and in any form, format or forum now known or hereafter developed. Vi shall have the right to sublicense such rights through multiple tiers of sublicenses.

9. DISCLAIMERS. ACCESS TO THE SITES, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN "AS IS" BASIS. ACCORDINGLY, VI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND THE MATERIALS, CONTENT AND SERVICES PROVIDED ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. VI DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED ON THE SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITES OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE SITES BEFORE ACTING UPON IT.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

THE SITES MAY CONTAIN LINKS TO OTHER INTERNET FACING SITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY VI. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THE SITES, AND SHOULD NOT BE CONSTRUED AS VI's SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED SITE. VI DOES NOT MONITOR THE CONTENT OF ANY SUCH SITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH SITES. ACCORDINGLY, USERS OF THE SITES ARE CAUTIONED TO USE SUCH LINKS AT THEIR OWN RISK. IN ADDITION, WHILE VI ENDEAVORS TO PROTECT THE SITES FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, VI CANNOT PROVIDE ANY ASSURANCE THAT THE SITES WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS SITES ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THE SITES EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD VI HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE ON THE SITES.

10.  LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL VI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR RESULTING FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OPINIONS PROVIDED ON THE SITES, OR THE USE, OR THE INABILITY TO USE, THE SITES, EVEN IF VI OR AN AUTHORIZED REPRESENTATIVE OF VI SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT VI IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES OR WITH THESE TERMS OF USE OR THE PRIVACY POLICY INCORPORATED IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, IN NO EVENT SHALL VI's TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.  Indemnification. You agree to indemnify, defend and hold harmless Vi, its affiliates, and their respective employees, contractors, officers, directors, licensors, suppliers, vendors, partners and agents and others acting in concert with them (the "Indemnified Parties") from and against any loss, cost, damage, liability or expense which any of them may suffer or incur as a result of your use of or reliance on the Sites or their content; your dealings in connection with the Sites; your Submissions to Vi or the Sites; your dealings with TouchTown Inc.; your violation of these Terms of Use; or your infringement of any intellectual property right of any third party.

12.  Notice Required by California Law.  Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is Classic Residence Management Limited Partnership, an Illinois limited partnership doing business as Vi,71 South Wacker Drive, Chicago, Illinois 60606. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@viliving.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

13.  Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied on a Site in a way that constitutes copyright infringement based upon any material accessible on or through the Sites, please provide Vi’s Copyright Agent a Notice containing the following information:

            1.         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

            2.         a description of the copyrighted work that you claim has been infringed;

            3.         a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help Vi locate content quickly);

            4.         your name, address, telephone number, and email address;

            5.         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

            6.         a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.

Vi’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Vi
Attn: Webmaster
71 South Wacker Drive
Chicago, Illinois 60606
E-mail: info@viliving.com

With a copy to:

Vi
Attn: General Counsel
71 South Wacker Drive
Chicago, Illinois 60606

14.  ARBITRATION; WAIVER; GOVERNING LAW AND DISPUTES

Arbitration: You agree that any dispute between you and Vi arising out of or relating to these Terms of Use, the Privacy Policy, the Sites or their Content will be decided only by arbitration, individually and not on a class-wide basis. Any arbitration will be administered by the American Arbitration Association and will take place in Cook County, Illinois, U.S.A., and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

Waiver of Class Action: You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against Vi.

Waiver of Jury Trial: You agree to waive trial by jury in any action, proceeding or counterclaim brought by against Vi or any of the Indemnified Parties on any matter whatsoever arising out of, relating to, or in any way connected with these Terms of Use.

Governing Law: The laws of the Illinois, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.

15.  Miscellaneous Provisions. These Terms of Use, together with the Privacy Policy, set forth the entire understanding and agreement between you and Vi with respect to the subject matter hereof. Vi's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Vi's right to act with respect to subsequent or similar failures. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use the Sites granted to you hereunder are personal to you and are not subject to transfer or assignment.

Last revised: April 1, 2018

 

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