Terms of Use

This Website Terms and Conditions of Use Agreement (“Agreement”) is between Dream Town Realty, Inc., an Illinois corporation with offices located at 1950 N. Sedgwick Chicago, IL 60614 (Dream Town) and you (“User,” “You” or “Your”) and is a legal agreement between You and Dream Town. This Agreement is effective as of the date you access the Dream Town Website located at mypastsales.com (the “Site”). This Agreement states the terms and conditions under which you may use the Site. Please read this Agreement carefully before accessing and using the Site.

By accepting and agreeing to the Terms of Use, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access or use the Site. Dream Town may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. If you have questions regarding this Agreement, please email support@dreamtown.com.

1. Access:
   • A. Dream Town hereby grants You a non-exclusive and non-transferable license to access the Site solely for viewing and browsing the information on the Site and accessing the site to create a map of Your past sales history using Your MLS ID to share via Your social media accounts and via email, subject to the terms and provisions of this Agreement. You agree to comply with the Dream Town Privacy Policy Notice which may be modified by Dream Town from time to time. Our Privacy Policy Notice can be found at https://www.dreamtown.com/privacy.
   • B. By using the Site to creating a map of Your past sales history, You represent and warrant that You have a valid MLS ID. You may not use another’s MLS ID and You may not use another's account without permission.
   • C. You agree to not engage in the use, copying, or distribution of any content on the Site’s other than as expressly permitted in this Agreement.
2. Removal of Infringing Material/Copyright Agent:
   • A. Dream Town does not permit infringement of intellectual property rights on the Site. Dream Town will remove all content, and third-party content if properly notified that such content, or third-party content infringes on another's intellectual property rights. Dream Town may also terminate a user's access to the Site, at its discretion if such user has been notified of infringing activity.
   • B. If You believe that any content or third-party content on the Site infringes upon Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
     • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
     • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
     • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Dream Town to locate the material;
     • Information reasonably sufficient to permit Dream Town to contact You, such as an address, telephone number, and email address;
     • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
     • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
       
       Marcus S. Harris
       Taft Stettinius & Hollister LLP
       111 E. Wacker Suite 2800
       Chicago, IL 60601
       Tel: 312-840-4320
       Email: mharris@taftlaw.com
       Fax: (312) 966-8599
       
       You acknowledge and agree that if you fail to comply with all of the requirements of this Section 2(B), your DMCA notice may not be valid.
3. Ownership, Title, No Contest:
   • A. Title to the Site and content (excluding third party content), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Site is the exclusive property of Dream Town. You acknowledge that the Site, the Site’s content, and any third-party content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks, and trade secrets (as applicable) of Dream Town or its third party licensors in connection with the Site and content.
   • B. You shall not use the Site, content or third-party content on any other website, except as otherwise provided for in this Agreement. You shall not copy or download the content or third-party content from the Site without the prior written consent of Dream Town. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Site, content or third party content or use the Site, content or third party content for public or commercial purposes, Except as otherwise provided for in this Agreement.
   • C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends bulk requests to the Dream Town servers. Notwithstanding the foregoing, Dream Town grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site. Dream Town reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
4. Express Warranties:
   
   You acknowledge and agree that Dream Town (including its officers, employees, agents, directors and independent contractors) has not made or granted to You any express warranties concerning the Site or Dream Town products or services. Use and performance of Dream Town products and services referenced on the Site are subject to Dream Town terms and conditions concerning such products and services as made available by Dream Town. You acknowledge that the Site does not constitute a grant of an express warranty concerning Dream Town products and services and You waive any and all claims of warranty based on the Site.
5. WARRANTY LIMITATION: THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DREAM TOWN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DREAM TOWN DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE SITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. DREAM TOWN DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE SITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES AND APPLICABLE LAWS GOVERNING THE INTERNET AND THE SITE.
6. Inaccuracies: Dream Town makes no representation that the information provided on the Site is accurate. You acknowledge that the Site may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Site. Any sales made prior to 1997 may not be accurately reflected on the Site.
7. LIMITATION OF LIABILITY: NEITHER DREAM TOWN NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF THE SITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY YOU; AND (III) LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
8. LIMITATION OF DAMAGES: THE LIABILITY OF DREAM TOWN FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT AND THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). YOU ACKNOWLEDGE THAT THE LIMITATIONS CONTAINED IN SECTIONS 5, 7 AND 8 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE OR LIMITED REMEDY.
9. Indemnification: You agree to release, defend, indemnify and hold harmless Dream Town (including its officers, directors, employees, affiliates, licensors, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages, or actions resulting from or related to (i) use of the Site by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Site; (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.
10. Entire Agreement: This Agreement and the Dream Town Privacy Policy Notice contain the entire understanding of the parties relating to the Site, content and third-party content and supersedes all previous verbal and written agreements between You and Dream Town relating to the Site, content, and third-party content. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
11. Amendments and Modifications: Excepting modifications made to the Privacy Policy Notice by Dream Town and modifications made to this Agreement by Dream Town, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Dream Town.
12. Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
13. User Notice: All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
14. Dream Town Notice: Notices to Dream Town (excepting notices sent pursuant to Section 2(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, by Certified or Registered Mail with Return Receipt Requested, or by hand to the address set forth in the first paragraph of this Agreement for Dream Town Notices to Dream Town shall be deemed given on the date notice is received by Dream Town (as evidenced in the case of Certified or Registered Mail by Return Receipt).
15. Equitable Remedies: You acknowledge and agree that damages at law will be an inadequate remedy to Dream Town. In addition to other rights which may be available, Dream Town shall have the right of specific performance, injunction, or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
16. Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
17. Public Announcements: All public announcements concerning the Dream Town Website or the relationship of You and Dream Town shall be subject to the prior written approval of Dream Town.
18. Litigation Expense: In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
19. Termination: This Agreement may be terminated by Dream Town at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Site and the contents of the Site and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.
20. Governing Law: The Site is based in Illinois. This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be in the state and federal courts in Chicago, Illinois.