AlleWest Consolidated, LLC

"Website Terms of Use"  

1. ACCEPTANCE OF TERMS
AlleWest Consolidated, LLC’s company website, www.AlleWest.com (referred to hereafter as "the Website"), provides a national portal to review a select collection of real-estate related online resources, including nationally available rent-to-own property listings (“Listings”), subject to the following Terms of Use ("Terms"). By using the Website in ANY way, you are agreeing to comply with the Terms.
 
Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with AlleWest Consolidated, LLC’s website in any way, your only recourse is to immediately discontinue use of the AlleWest website. AlleWest Consolidated, LLC has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT
AlleWest Consolidated, LLC reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. To remain apprised of any changes to AlleWest Consolidated, LLC’s website Terms of Use, this full document will remain posted on the AlleWest website under the “Legal” tab.

3. CONTENT
AlleWest Consolidated, LLC enables website Subscribers to post information (Listings) regarding available rent-to-own properties throughout the United States. You understand that all postings, text, photos, or other materials ("Content") posted on, transmitted through, or linked from the Website are the sole responsibility of the Subscriber from whom such Content originated.

More specifically, Subscribers are entirely responsible for each individual listing ("Listing") of Content that they post, email or otherwise make available via the Website. You understand that AlleWest Consolidated, LLC does not control, and is not responsible for Listings made available through the Website, and that by using the Website, you may be exposed to Content that is inaccurate or misleading.

AlleWest Subscribers are entirely responsible to serve as the principal in each of the properties they represent and post to the Website.  Subscribers are not to post information (Listings) until they are in possession of approved and signed paperwork/contracts such as, but not limited to, lease option memos, land contracts, contracts for deed, multi-mortgage, subject to, and/or purchase agreements

Furthermore, the AlleWest site and Content available through the Website may contain links to other websites, which are completely independent of AlleWest Consolidated, LLC. AlleWest Consolidated, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other website is at your own risk.  You agree that you must evaluate, and bear all risks associated with, the use of any Content and/or Listings, that you may not rely on said Content and/or Listings, and that under no circumstances will AlleWest Consolidated, LLC be liable in any way for any Content and/or Listings or for any loss or damage of any kind incurred as a result of the use of any Content and/or Listings posted, emailed or otherwise made available via the Website.

You acknowledge that AlleWest Consolidated, LLC may rewrite Subscriber Content and/or Listings for marketing purposes, but does not verify the accuracy of the information originally provided by the individual Subscriber. AlleWest Consolidated, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content and/or Listings that are available via the Website, for violating the letter or spirit of the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES
The AlleWest site, Content and/or Listings available through the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of AlleWest Consolidated, LLC, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that AlleWest Consolidated, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AlleWest Consolidated, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AlleWest Consolidated LLC, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

5.  NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AlleWest Consolidated, LLC regarding your claim of copyright or other intellectual property infringement at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

-- OR --

Laura Ries (Agent)
AlleWest Consolidated, LLC
2001 Kingsbury Estates Drive
Plainfield, IL 60586-6244

Please provide our Agent with the following Notice:

a) Identify the material on the AlleWest site that you claim is infringing, with enough detail so that we may locate it on the website;

b) 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

AlleWest Consolidated, LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

6. PRIVACY AND INFORMATION DISCLOSURE
This information applies to AlleWest Consolidated, LLC’s website and the services we provide:

When you register or enter information on our Website, AlleWest Consolidated, LLC collects your personal information. AlleWest Consolidated, LLC then uses the information to provide the requested products and/or services, to better personalize the Website for our Users and Subscribers, to communicate with them, to help enforce our Terms of Use, to prevent fraud, and to maintain Website safety.

AlleWest Consolidated LLC discloses your information within our Website to facilitate your transactions, but never provides your personal information to other companies.
AlleWest Consolidated, LLC does not send spam, and does not permit spam on our website.

Your use of the Website signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that AlleWest Consolidated, LLC may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of AlleWest Consolidated, LLC, its users or the general public.

7. CONDUCT
You agree not to post, email, or otherwise make available Content:

a) that is unlawful, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that violates the Fair Housing Act by stating, in any rent-to-own listing, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

c) that impersonates any person or entity, including, but not limited to, an AlleWest Consolidated, LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

d) that includes personal or identifying information about another person without that person's explicit consent;

e) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";

f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

g) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

h) that constitutes or contains any form of advertising or solicitation if: Posted in areas of the Website which are not designated for such purposes; or emailed to AlleWest users who have not indicated via our Web Response Form that it is acceptable to contact them about other available properties or related investor or realtor-based services;

i) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or

k) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted through the Website.

Additionally, you agree not to:

l) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

m) "stalk" or otherwise harass anyone;

n) attempt to gain unauthorized access to AlleWest Consolidated, LLC’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the AlleWest website.

8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content and/or Listings to the Website on behalf of others. To moderate demands on AlleWest Consolidated, LLC resources, subscribers may not use a Posting Agent to post Content to the Website without express permission or license from AlleWest. 

Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or license from AlleWest Consolidated, LLC.

9. NO SPAM POLICY
You understand and agree that sending unsolicited email to AlleWest Consolidated, LLC email addresses or through AlleWest’s computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Illinois and Indiana.  Any unauthorized use of AlleWest’s computer systems is a violation of these Terms and certain federal and state laws.  Such violations may subject the sender and his/her agents to civil and criminal penalties.

10. PAID POSTINGS
AlleWest Consolidated, LLC does not charge a separate fee to post each “available property listing” on the Website. Organizations and/or individuals pay a one-time setup fee to create a customized page for their sales territory, then a monthly access and maintenance fee to permit Content to be posted in designated area(s).

Each party posting Content to the Website (Subscriber) is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Website for violating the Terms.

11. LIMITATIONS ON SERVICE
You acknowledge that AlleWest Consolidated, LLC may establish limits concerning use of the Website, including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website. You agree that AlleWest Consolidated, LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that AlleWest Consolidated, LLC reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that AlleWest Consolidated, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

12. ACCESS TO THE SERVICE
AlleWest Consolidated, LLC grants you a limited, revocable, nonexclusive license to access the Website for your professional use.  This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by AlleWest Consolidated, LLC.

A limited exception to (b) is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses that use an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings of any real estate services or available housing classifieds.

AlleWest Consolidated, LLC will permit you to display on your website, or create a hyperlink on your website to, individual postings on the AlleWest Website so long as such use is for commercial, marketing and/or public relations purposes. By request, AlleWest Consolidated, LLC may also create a hyperlink to our national home page site on your behalf, so long as the link does not portray AlleWest Consolidated, LLC, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Website beyond the scope of authorized access granted to you by
AlleWest Consolidated, LLC immediately terminates said permission or license. Subscribers and Users may not collect, aggregate, copy, duplicate, display or make derivative use of the Website or any Content made available via the Website for any other purposes (including commercial purposes) not stated herein, without first obtaining permission from AlleWest Consolidated LLC.

13. TERMINATION OF SERVICE
You agree that AlleWest Consolidated, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if AlleWest Consolidated, LLC believes that you have acted inconsistently with the letter or spirit of the Terms.

Further, you agree that AlleWest Consolidated, LLC shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the Terms.

14. PROPRIETARY RIGHTS
The Website is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AlleWest Consolidated, LLC. You further agree not to reproduce, duplicate or copy Content from the Website without the express written consent of AlleWest Consolidated, LLC, and agree to abide by any and all copyright notices displayed on the Website.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.

Although AlleWest Consolidated, LLC does not claim ownership of content that its Subscribers post, by posting Content to any Subscriber area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to AlleWest Consolidated, LLC, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content.

Furthermore, by posting Content to any subscriber area of the Website, you automatically grant AlleWest Consolidated, LLC all rights necessary to prohibit any subsequent aggregation, display, copy, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.

15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE ALLEWEST CONSOLIDATED, LLC WEBSITE (www.AlleWest.com) INCLUDING ITS PROPERTY-LISTING SERVICES IS ENTIRELY AT YOUR OWN RISK. INFORMATION CONTAINED IN INDIVIDUAL PROPERTY LISTINGS ON THE ALLEWEST WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ALLEWEST WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR REFERRED TO ON THE ALLEWEST WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ALLEWEST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLEWEST CONSOLIDATED, LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ALLEWEST SITE. Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALLEWEST CONSOLIDATED, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ALLEWEST CONSOLIDATED, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALLEWEST WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ALLEWEST WEBSITE, FROM
INABILITY TO USE THE ALLEWEST WEBSITE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ALLEWEST WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS MARKETED IN CONNECTION WITH THE ALLEWEST SITE OR ANY LINKS ON THE ALLEWEST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR MARKETED IN CONNECTION WITH THE ALLEWEST SITE OR ANY LINKS ON THE ALLEWEST SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY
You agree to indemnify and hold AlleWest Consolidated, LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content and/or Listings you submit, post or make available through the Website, your use of the Website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.


18. GENERAL INFORMATION
The Terms of Use (the Terms) constitute the entire agreement between you and AlleWest Consolidated, LLC and govern your use of the Website, superceding any prior agreements between you and AlleWest Consolidated, LLC. The Terms and the relationship between you and AlleWest Consolidated, LLC shall be governed by the laws of the State of Illinois without regard to their conflict of law provisions. You and AlleWest Consolidated, LLC agree to submit to the personal and exclusive jurisdiction of the Will County Court System seated in Joliet, Illinois.

The failure of AlleWest Consolidated, LLC 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. 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 Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by contacting Laura Ries at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . AlleWest Consolidated, LLC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for AlleWest Consolidated, LLC to pursue legal action to enforce these Terms, you will be liable to pay AlleWest Consolidated, LLC the following amounts as liquidated damages, which you accept as reasonable estimates of AlleWest Consolidated, LLC’s damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay AlleWest Consolidated, LLC one thousand dollars ($1,000) for each such message. 

b. If you send unsolicited email advertisements to AlleWest Consolidated, LLC’s email addresses or through AlleWest Consolidated, LLC’s computer systems, you agree to pay AlleWest twenty-five dollars ($25) for each such email.

c. If you post Content in violation of the Terms, other than as described above, you agree to pay AlleWest one hundred dollars ($100) for each Item of Content posted. AlleWest Consolidated, LLC will issue a single, written warning before assessing damages.

d. If you are a Posting Agent that uses the Website in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay AlleWest Consolidated, LLC one hundred dollars ($100) for each and every Item you post in violation of the Terms. 

A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Website (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay AlleWest Consolidated, LLC an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without AlleWest Consolidated LLC's express permission, you agree to pay AlleWest five thousand dollars ($5,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay AlleWest Consolidated, LLC's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, AlleWest Consolidated, LLC retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

20. FEEDBACK
We welcome your questions and comments on this document.