Introduction and Agreement.
This website (the "Site") is owned and operated by Urban Lux a division of Ceres Stone, LLC ("urbanlux.com"). These Terms of Service apply to the national and international versions of the Site, located at www.urbanlux.com as well as to any publicly available versions of the Site that Urban Lux offers or co-brands with, its print and media affiliates and other distribution partners or secondary marketing or advertising services (collectively, "Affiliates"). Any individual who uses any version of the Site is a "user" for purposes of these Terms of Service. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service.
Urban Lux is an Advertising and Research Service
Urban Lux operates the Site as an online advertising and research service for apartment hunters, tenants and landlords. In all "for rent by owner" transactions, Urban Lux does not broker, lease, or sublease these apartments directly and is not a party to any transaction between these landlords (including, as applicable, property management companies and/or property managers) and renters. As a result, Urban Lux does not (a) guarantee or ensure any apartment or any transaction between a renter and landlord, (b) collect or process payment or execute any lease or sublease documentation on behalf of renters or landlords, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any "for rent by owner" apartment. You are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. In addition to the above mentioned services, Urban Lux offers additional services that include, but are not limited to: advertising, marketing, co-branding, and brokering apartments listed in a "standard" listing agreement. Our standing listing agreement can be found at http://www.urbanlux.com/landlords
All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Urban Lux, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). You may not reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent.
You acknowledge that the Content includes certain trademarks and service marks owned by Urban Lux, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "urbanlux.com" name and logo are trademarks of Urban Lux.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Urban Lux and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to Urban Lux and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Urban Lux and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
Urban Lux Rights
Given the nature of the Site and the volume of postings, Urban Lux cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Urban Lux reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that Urban Lux (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all Materials you submit to the Site.
The data relating to real estate for sale on this web site comes in part from the Internet Data exchange ("IDX") program of Midwest Real Estate Data LLC. Real estate listings held by brokerage firms other than Urban Lux are marked with either the MRED-approved icon and detailed information about them includes the name of the listing broker. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All Information deemed reliable but not guaranteed.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Urban Lux its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between you and a third party.
Compliance with Fair Housing Laws
All Material is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center's website at www.hud.gov.
For Rent By Owner Rules
By listing your apartment for rent through the Site's "For Rent By Owner" or "FRBO" service (the "Listing Service"), you acknowledge and agree to all For Rent By Owner Terms and Conditions
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. URBAN LUX, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND URBAN LUX ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO APARTMENTS AVAILABLE ON A FOR RENT BY OWNER BASIS AND FOUND ON THIS SITE IS SUPPLIED BY THE LANDLORD, PROPERTY MANAGEMENT COMPANY OR OTHER THIRD PARTIES. URBAN LUX AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT ADVERTISED ON THE SITE. URBAN LUX CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. URBAN LUX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL APARTMENTS ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT. URBAN LUX DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
URBAN LUX ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF URBAN LUX, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service
You understand and agree that in Urban Lux's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Urban Lux may exercise any other remedy available and remove any Materials, if Urban Lux believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of Urban Lux, any Affiliate or Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Urban Lux for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Urban Lux post a bond. Urban Lux is not required to provide any refund to you if you are terminated as an authorized User because, in Urban Lux sole discretion, you have violated these Terms of Service.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Urban Lux may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Cook County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Cook County, Illinois, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Urban Lux to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.
Urban Lux Listing Agreement
In an online apartment listing submission from a landlord wishing to list his/her apartment with Urban Lux via the standard listing or our for rent by owner listing options, the landlord agrees to the following terms and conditions as written in our listing agreement, and also restated below: Condominium Owner certifies that he/she is legally entitled to lease the property. In consideration of the covenants and agreements stated herein, Condominium Owner hereby authorizes Listing Agent to list, advertise and/or show said Unit to prospective tenants in order to acquire a lessee for said Unit. The Listing Agent in no way promises to lease said Unit by any given time nor makes any representation verbal or otherwise to pay for any monetary losses in the event said Unit is not rented. Listing Agent will use reasonable efforts to assist Condominium Owner with acquiring a lessee for the Unit. Condominium Owner and Listing Agent agree that the Unit will be offered and/or displayed to all persons in accordance with fair housing guidelines. Written authorization in the form of a lease agreement signed by the Condominium Owner and lessee is mandatory prior to the Listing Agent proceeding with the move-in process of any tenant. Listing Agent will conduct all necessary administrative acts in order to provide the Condominium Owner with sufficient information to make a sound decision of the approval of an applicant. Listing Agent cannot be responsible for any false information provided by an applicant(s). Owner agrees to hold all security deposits or advance rents paid by tenant and will do so according to state law.
OWNER OBLIGATIONS: In consideration of the obligations of the Listing Agent, Owner agrees:
Owner agrees to compensate Listing Agent as follows:
If Owner enters into a lease of the Property with a tenant during the listing agreement period, regardless of whether the tenant fulfills the terms of the lease; or if, during the Listing Agreement Period, Listing Agent procures a tenant who is ready, willing, and able to lease the Property under the terms of this Agreement.
Listing Agent will collect the commission due from the first full month rent, which will be
collected by Listing Agent on or before the move in date of the procured lease agreement. If for any
reason any additional balance of commission is due, owner will remit the balance due within 7
calendar days after procured lease agreement begins. Owner will collect subsequent rental payments
for said lease period directly.
THIS AGREEMENT EXPIRES NINETY (90) DAYS AFTER THE DATE SET FORTH ABOVE AND A RENEWAL AGREEMENT IS NECESSARY TO CONTINUE LISTING, ADVERTISING AND/OR SHOWING SAID UNIT TO PROSPECTIVE TENANTS. By the following signature(s) the Condominium Owner hereby agrees to pay a fee equal to one month's rent of the gross value of the lease, based on the actual rental amount obtained for the Unit, to Urban Lux, upon applicant approval, regardless of the date in which lessee moves into said Unit or in the event Condominium Owner decides to not rent said Unit after Listing Agent has provided a qualified applicant.
ALL CHANGES MADE TO THIS AGREEMENT WILL REQUIRE THE CONDOMINIUM OWNER TO PROVIDE SUCH CHANGES IN WRITING AND WILL BE THEN A PART OF THIS AGREEMENT. BY SIGNING THIS AGREEMENT, OWNER IS CONSENTING TO THE ACT OF DUAL AGENCY OF LISTING AGENT.
CONDOMINIUM OWNER IS AWARE OF AND ACKNOWLEDGES THAT CONDOMINIUM OWNER IS RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS (collectively, "LAWS") GOVERNING THE LEASING OF THE CONDOMINIUM UNIT, CONDOMINIUM OWNER SHALL INDEMNIFY AND HOLD URBAN LUX HARMLESS FROM AND AGAINST ANY AND ALL COSTS, LIABILITY OR OBLIGATIONS ASSOCIATED WITH ANY ASSERTED VIOLATIONS OF SUCH LAWS.