Terms of Service


1. ACCEPTANCE OF TERMS

Welcome to Calkain Companies, Inc. ONLINE Web site. Calkain Companies, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be modified, amended or otherwise updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.calkain.com. Calkain Companies, Inc. may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

Calkain Companies, Inc. currently provides users with information concerning certain properties offered for sale or lease, personalized content and branded content through the Calkain website (the "Service"). The Service may include the provision of technical support services to you from time to time. You acknowledge and agree that Calkain Companies, Inc. may modify or discontinue any feature, tool, subscription or characteristic of the Service without notice at any time. Various features, tools or services may require that you agree to separate terms of use, and you agree that your access to such features, tools or service may be conditioned upon acknowledgement or agreement to such separate terms of use. You also understand and agree that the service may include certain communications from Calkain Companies, Inc. such as property announcements, administrative messages and newsletters, and that these communications are considered part of the subscription service and you will be able to opt out of receiving them at such time you provide your subscription information or upon notice to Calkain. You understand and agree that the Service is provided "AS-IS" and that Calkain Companies, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Calkain Companies, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Calkain Companies, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Calkain Companies, Inc. is concerned about the safety and privacy of all its users.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Calkain Companies, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Calkain Companies, Inc. shall not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. MEMBER CONDUCT

You acknowledge, consent and agree that Calkain Companies, Inc. 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 to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Calkain Companies, Inc., its users and the public.

You understand that the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Calkain Companies, Inc. and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. INDEMNITY

You agree to indemnify and hold Calkain Companies, Inc., and its subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, co-branders or other partners, and employees, 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 Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. MODIFICATIONS TO SERVICE

Calkain Companies, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part or feature thereof) with or without notice. You agree that Calkain Companies, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part or feature thereof.

10. TERMINATION

You agree that Calkain Companies, Inc. may, under certain circumstances and without prior notice, immediately terminate your Calkain account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, including, but not limited to, your failure to safeguard passwords or permit others access to your Calkain Online account, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Calkain Online account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Calkain Companies, Inc.'s sole discretion and that Calkain Companies, Inc. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. In addition to and not in limitation of the foregoing for cause termination, Calkain Companies, Inc. reserves the right to terminate your Calkain Online account without cause and without prior notice and refund any unexpired portion of a subscription or license fee paid directly by you to Calkain Companies, Inc., if any, to you.

11. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Calkain Companies, Inc. has no control over such sites and resources, you acknowledge and agree that Calkain Companies, Inc. 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 Calkain Companies, Inc. 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.

12. CALKAIN COMPANIES, INC.'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Calkain Companies, Inc. , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALKAIN COMPANIES, INC. 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 AND NON-INFRINGEMENT.
  2. CALKAIN COMPANIES, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE INFORMATION PROVIDED WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALKAIN COMPANIES, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALKAIN COMPANIES, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALKAIN COMPANIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. SPECIAL ADMONITION AND DISCLAIMER FOR SERVICES RELATING TO PROPERTY INFORMATION PROVIDE

The information contained is proprietary and strictly confidential. It is intended to be reviewed only by the party receiving it from Calkain Companies, Inc., and /or its partners/affiliates and should not be made available to any other person or entity without the consent of Calkain Companies, Inc. The information provided as part of the Service has been prepared to provide summary, unverified information to prospective purchasers, and to establish only a preliminary level of interest in the subject property(s). The information contained herein is not a substitute for a thorough due diligence investigation. Calkain Companies, Inc., and/or its partners/affiliates and any of the Seller’s whose property is contained as part of the Service have not made any investigation, and make no warranty or representation, with respect to the income or expenses for the subject property(s), the future projected financial performance of the property, the size and square footage of the property(s) and improvements, the presence or absence of contaminating substances, PCB's or asbestos, the compliance with State and Federal regulations, the physical condition of the improvements thereon, or the financial condition or business prospects of any tenant, or any tenant’s plans or intentions to continue its occupancy of the subject property(s). The information contained on the Web site has been obtained from sources we believe to be reliable; however none of Calkain Companies, Inc., and/or its partners/affiliates and/or any of the Sellers has verified, nor will verify, any of the information contained herein. Further, none of Calkain Companies, Inc., and/or its partners/affiliates and/or any of the Sellers has conducted any investigation regarding the foregoing matters and makes no warranty or representation whatsoever regarding the accuracy or completeness of the information provided. All potential buyers must take appropriate measures to verify all of the information set forth herein. The recipient (and each employee, representative, or other agent of the recipient) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the transaction and all materials of any kind (including opinions or other tax analyses) that are provided to the recipient relating to such tax treatment or structure.

16. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

17. NOTICE

Calkain Companies, Inc. may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Calkain Companies, Inc. respects the intellectual property of others, and we ask our users to do the same. Calkain Companies, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

  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 or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

19. GENERAL PROVISIONS

Entire Agreement. The TOS constitute the entire agreement between you and Calkain Companies, Inc. and govern your use of the Service, superseding any prior agreements between you and Calkain Companies, Inc. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Calkain Companies, Inc. services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Calkain Companies, Inc. shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CONTROVERSY INVOLVING THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE COURTS OF THE COUNTY OF COOK OR THE FEDERAL DISTRICT COURT OF THE NORTHERN DISTRICT OF ILLINOIS AND YOU HEREBY WAIVE ANY CLAIM OR DEFENSE FOR FORUM NON CONVIENS.

Waiver and Severability of Terms. The failure of Calkain Companies, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Calkain Companies, Inc. account is non-transferable and any rights to your STDB Online I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

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 use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.