1. ACCEPTANCE OF TERMS
We appreciate your visit to our website. RMK Management Corp., its shareholders, affiliates, subsidiaries, directors and officers (collectively, “RMK,” “we,” “us,” and “our”) provide our service to you as a user (“User” or “you”) thereof, including information about the properties we manage (collectively, “Properties”) subject to the following Terms of Service (“Terms”). The Terms cover all information, data, and services available at http://RMK.com (collectively, the “Website”). We may update these Terms by posting a new version at http://www.RMK.com/terms and your continued use of the service after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.
2. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with services you request, such as reservations or property information. By providing information on our Website, such as in conjunction with a request for services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or RMK has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, RMK may deny you access to areas of the Website or RMK services, at its sole discretion. When you provide us with User Data, you may receive certain commercial communications from RMK related to content found on the Website. You may opt out of receiving these communications at any time by sending an email to info@RMK.com.
4. ACCOUNT PASSWORD AND SECURITY
The Website may contain features that require registration (“Restricted Areas”). Users are not required to register to use the Website, but may not be able to access some content without registration. At the time of registration for online account access, you will select a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share them with anyone else; (b) immediately notify RMK of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Website’s Restricted Areas. RMK cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that RMK is authorized to act on instructions received through use of your Password, and that RMK may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason. You acknowledge, consent and agree that RMK may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of RMK, its users and the public.
5. NON-COMMERCIAL USE
By using the Website, you acknowledge and agree that the Website is for personal use only. You may copy information from the Website for personal use, such as to view, print, or email the information for non-commercial purposes, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Website. [Any software or portion thereof that is available on the Website is licensed to RMK Management for a User’s personal use only, and you may not retransmit, redistribute, reverse engineer, disassemble, decompile or otherwise attempt to access the source of such software from the Website.]
6. MODIFICATIONS TO SERVICE
RMK reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the Restricted Areas, with or without notice. You agree that RMK shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that RMK may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Website or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Website (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include removal of access to all offerings within the Website’s Restricted Areas, at RMK’s sole discretion, the deletion of all of your Website account information and other content associated with your Website account (or any part thereof), and barring further use of the Website’s Restricted Areas.
8. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Website, including payment for and delivery of related goods and services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that RMK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
9. LINKS TO WEBSITES OF THIRD PARTIES
The Website may provide links to other World Wide Web sites or resources. You acknowledge and agree that such links are provided solely for a User’s reference. Because RMK has no control over such sites and resources, you acknowledge and agree that RMK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RMK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend, and hold RMK, its officers, directors, employees, agents and representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, any transaction resulting from use of the Website, your connection to the Website, your violation of these Terms, your submission, posting, or transmission of personally identifiable information or other data to the Website, and/or your violation of any rights of another.
11. OUR PROPRIETARY RIGHTS
All rights, title, interests, ownership and intellectual property rights in and to the Website are owned by RMK Management Corp. You acknowledge and agree that the Website contains proprietary and confidential information that is protected by United States copyright law, applicable intellectual property and other laws. All trademarks, service marks, advertising slogans and names provided on the Website are proprietary to RMK Management Corp. Except as expressly authorized by RMK, you agree that all rights described herein are reserved to RMK and you are not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RMK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. RMK DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. RMK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RMK OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT RMK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RMK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RMK WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
Logos, photographs and tag lines are trademarks and service marks of RMK Management Corp. (the “RMK Marks”). You agree that you will not display the RMK Marks, or use the RMK Marks in any manner, without the prior written permission of RMK.
16. CHOICE OF LAW
The Terms and the relationship between you and RMK shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
18. GENERAL INFORMATION
A. Entire Agreement
The Terms constitutes the entire agreement between you and RMK with respect to the Website and supersedes any prior agreements, oral or written, between you and RMK.
B. Waiver and Severability of Terms
The failure of RMK to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
C. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any claim or suit with respect to these Terms shall be submitted to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois.
If any part of these Terms is determined to be invalid or unenforceable with respect to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable Terms will be deemed automatically amended and restated by valid provisions that are most similar in intent to the original Terms and the remainder of the Terms shall remain in full force and effect.
F. Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that if you become aware of any violations of the Terms, you will report such violations to email@example.com.