Terms of Use (Website)
Last modified on June 12, 2024
Application of Policy
These Website Only Terms of Use (these “Website Terms”) apply to the website accessible at https://25ncoworking.com/, including but not limited to any and all current and successor landing pages, web pages, subdomains, dashboards, platforms, technology, features, functionality, and components and aspects of any and all thereof of or maintained by 25N Coworking, an Illinois limited liability company, or any of its Affiliates (collectively, “25N,” “Us,” or “We”) (collectively, the “Site”). “You” are the user of the Site, and these Website Terms govern your use of the Site, provided that, should You seek to engage any 25N services, uses, products, purchases, packages, memberships, registrations, bookings, reservations, events, or other offerings on or via the Site or otherwise (collectively, “Services”), You may only engage such Services upon agreeing to 25N’s Terms of Service and Use, separate and apart from these Website Terms, and in such event, the Terms of Service and Use shall govern. You and 25N are each a “Party” and together are the “Parties” to these Website Terms. The term “Agents” as used herein means each and all of your present and future owners, officers, shareholders, directors, trustees, members, managers, agents, representatives, employees, and contractors, each being an “Agent”. The term “Representatives” as used in these Website Terms means each and all past, present, and future owners, officers, shareholders, directors, trustees, members, managers, agents, representatives, employees, contractors, Affiliates, successors and assigns of a respective Party. The term “Affiliates” as used herein means any party directly or indirectly through any intermediary controlling, controlled by, or under common control with a respective Party. The term “Property” as used herein means any real and/or virtual premises, platforms, spaces, and properties within the Site or with respect to which Services are provided by any 25N Affiliate. The term “Person” as used herein means any individual, partnership (general or limited), corporation, association, limited liability company, joint venture, trust, estate, governmental unit, or other legal entity or organization. The term “Section” as used herein means any differentiable portion of these Website Terms, whether differentiated by heading, subheading, indentation, paragraph, or otherwise, including each and any clause, paragraph, or other differentiated portion of such portion, regardless of how differentiated, which reasonably appears intended to be included as part of or under such portion.
Eligibility
You acknowledge and agree that You are (or if You are a business entity, your authorized Agent agreeing to these Website Terms on your behalf is) at least eighteen (18) years old and have/has the authority and capacity to agree to and enter into these Website Terms. You warrant and agree that agreeing to these Website Terms and using the Site will not violate any other agreement to which You are a party or restriction by which You are bound or create any conflict of interest.
Updates and Amendments
25N reserves the right to update or amend these Website Terms from time to time in its discretion. The most recent version of these Website Terms is available for review directly on the Site. You may also request a copy of the most recent version of these Website Terms by emailing hello@25ncoworking.com.
25N Proprietary Property
As between You and 25N, the Site, Services, all software, hardware, electronic, telecommunications, or other technology, platforms, means, mediums, documentation, information, and materials used to transmit and/or deliver or provide the same (excluding your hardware used to connect to the same), and all designs, information, content, ideas, innovations, methods, models, algorithms, formulae, programs, devices, forms, templates, components, procedures, processes, protocols, and other trade secrets and intellectual property used in developing or expressing, or otherwise incorporated into, the same, and all future modifications, revisions, adjustments, updates, betterments, developments, refinements, improvements, enhancements, copies, combinations, compilations, and derivative works thereof or related thereto, constitute the sole and exclusive property of 25N, with all rights, title, and interest therein and thereto (collectively, “25N Proprietary Property”). Any and all feedback, suggestions, and recommendations regarding 25N, its business, the Site, any Property or any 25N Proprietary Property, including any and all proposed improvements, innovations, and otherwise, in any form or manner, including uploaded, posted, shared, sent, communicated, displayed, or otherwise, whether oral or written, shall constitute the sole and exclusive property of 25N, with all rights, title, and interest therein and thereto.
Privacy
Please see our Privacy Policy, which applies to your use of this Site.
Restrictions
With respect to the Site and each and any Property and any and all 25N Proprietary Property (collectively for purposes of this Section, “property”), under no circumstances will You, directly or indirectly, actually or attempt, nor will You allow any of your Agents or others, to license, sub-license, sell, rent, lease, transfer, assign, distribute, share, display, publish, transmit, post, record, disclose, reproduce, copy, create derivatives of, host, outsource, or otherwise infringe or commercially exploit any of such property; derive source code, underlying ideas, algorithms, or trade secrets in connection with, reverse engineer, reverse compile, decompile, decipher, or disassemble any of such property, except to the limited extent any applicable U.S. laws or applicable rights and agreements thereunder specifically prohibit or limit such restriction; remove any copyright, trademark, service mark, license, limitation of use, or other legal notice; damage, disable, overburden, impair, injure, destroy, steal, misappropriate, invade, scrape, mine, infringe, abuse, harm, corrupt, modify, interfere with, disrupt, limit, prevent, circumvent, restrict, or otherwise violate any of such property or the proper functioning of any thereof or 25N’s or any other party’s personal property, privacy, rights, confidential information, or use or enjoyment of or associated with any such property; hack, password mine, harvest, collect, or gain access to any unauthorized services, servers, accounts, systems, networks, databases, content, information, materials, software, hardware, or electronic, telecommunications, or other equipment or technology; use or engage any such property for false, misleading, or unlawful purposes; impersonate any Person, including 25N or any of its Representatives; write, contribute, publish, post, upload, download, distribute, transfer, disseminate, inject, infect, or introduce any actually or potentially harmful or interfering information or material; or generally interact with any such property in any manner or for any purposes that is actually or potentially harmful, false, inappropriate, unauthorized, unlawful, or interfering, including any threat to the performance of 25N or 25N Proprietary Property or 25N’s reputation, integrity, business, or access and control of 25N Proprietary Property or any data therein or aspect or component thereof. 25N may restrict, prohibit or terminate use or access to the Site or any Property or 25N Proprietary Property if 25N suspects or determines such use or access breaches these Website Terms.
INDEMNIFICATION, LIABILITY LIMITATIONS
WHILE 25N MAY CONTINUE TO MAINTAIN THE INTEGRITY AND FUNCTIONING OF THE SITE, YOU UNDERSTAND AND AGREE THAT 25N HAS NO OBLIGATION TO, AND MAY NOT, CONTINUE TO MAINTAIN THE SITE, AND THAT THE INTERNET, WORLD WIDE WEB, AND RELATED TECHNOLOGY INHERENTLY INVOLVE A CERTAIN DEGREE OF RISK AND LACK OF RELIABILITY. IN USING THE SITE, YOU AGREE TO ASSUME SUCH RISK. IN THE EVENT THIRD PARTY LINKS APPEAR ON THE SITE, YOU ASSUME FULL RISK IN CONNECTION WITH YOUR ACCESS OR OTHER USE OF ANY SUCH LINKS. YOU UNDERSTAND AND AGREE THAT 25N SHALL NOT BE LIABLE FOR ANY THIRD PARTY OR ITS CONTENT, SERVICES, ACTS OR OMISSIONS, EVEN IF LINKED ON THE SITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS-IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND 25N HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, IMPLIED, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, 25N DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ANY EXPECTATIONS OR SPECIFICATIONS, CONTINUE, BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE FROM INTERFERENCE, NOT RESULT IN ANY LOSS OF DATA, NOT INVOLVE SECURITY RISK, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SECURITY AND RELIABILITY OF YOUR HARDWARE AND SOFTWARE AND ALL NETWORKS AND OTHER TECHNOLOGY USED OR CONNECTED BY YOU.
YOU HEREBY SPECIFICALLY AND FOREVER RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE 25N OR ANY OF ITS REPRESENTATIVES FOR OR IN CONNECTION WITH ANY ALLEGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, ARBITRATIONS, MEDIATIONS, INVESTIGATIONS, THREATS OF ANY OF THE FOREGOING, FEES, COSTS, LOSSES, DAMAGES, INJURIES, OBLIGATIONS, EXPENSES, AND/OR LIABILITIES OF ANY KIND OR NATURE, INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL COSTS, INCLUDING DEFENSE, ENFORCEMENT, COURT, JUDGMENT, SERVICE OF PROCESS, SHERIFF’S, AND/OR OTHER SUCH COSTS (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR RESULTING FROM OR IN CONNECTION TO THE SITE OR YOUR USE THEREOF.
YOU HEREBY AGREE TO DEFEND AND INDEMNIFY 25N AND ITS REPRESENTATIVES, ON 25N’S DEMAND, FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION TO ANY BREACH BY YOU OF THESE WEBSITE TERMS (INCLUDING ANY FAILURE OF WARRANTY OR REPRESENTATION) OR ANY VIOLATION BY YOU OF ANY THIRD PARTY’S RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU BEAR SOLE RISK AND LIABILITY FOR AND IN CONNECTION WITH THE ACTS AND OMISSIONS OF YOUR REPRESENTATIVES, GUESTS, AND OTHER INVITEES, AND SUCH PERSONS’ ACTS AND OMISSIONS SHALL BE DEEMED YOUR ACTS AND OMISSIONS UNDER THESE WEBSITE TERMS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, 25N WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, INCLUDING TORT (INCLUDING STRICT LIABILITY), CONTRACT, NEGLIGENCE, OR OTHERWISE, FOR A) ANY LOSS OF DATA, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, OR EXEMPLARY DAMAGES, OR B) DAMAGES OF ANY NATURE WHATSOEVER, IN THE AGGREGATE, IN EXCESS OF $100, UNDER OR IN CONNECTION WITH THESE WEBSITE TERMS, THE SITE, OR YOUR USE THEREOF, EVEN IF 25N OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE THAT EVEN IF ANY LIMITATION IN THIS SECTION OR THESE WEBSITE TERMS FAILS ITS ESSENTIAL PURPOSE, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Relationship of Parties
No principal-agent, fiduciary, partnership, joint venture, employer-employee, or representative relationship exists or has been created as a result of these Website Terms or your use of the Site.
United States Service
The Site is operated within the United States, and any Content Posted or other information provided by You to 25N will be connected and transferred to, and used within, the United States. By accessing the Site, You consent to this use and transfer. If You are using the Site from outside the United States, additional laws may apply. Please ensure your use of the Site is appropriate for You and in your jurisdiction. If You access the Site from outside the United States, You do so at your sole initiative and risk and are solely responsible for compliance with any and all applicable laws and consequences of your access and use. You may not use the Site in any jurisdiction in which such use would be illegal or unlawful.
Entire Agreement
These Website Terms constitute the entire agreement and understanding between the Parties with respect to your use of the Site (subject to any Services engaged in connection with your agreement to the 25N Terms of Service and Use, in which case such Terms of Service and Use will govern) and supersede any and all written and oral prior and contemporaneous agreements, understandings, offers, negotiations, and communications between the Parties with respect thereto.
Governing Law
These Website Terms, and any amendments hereto, are governed exclusively by these Website Terms, to the maximum extent allowed by applicable law, and construed and enforced in accordance with the domestic, substantive laws of the State of Illinois, without giving effect to any choice or conflict of law rule or provision which would cause the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Website Terms.
Remedies
25N’s remedies for any breach by You of these Website Terms include all possible remedies at law and in equity, and nothing contained in these Website Terms will be deemed to limit 25N’s remedies hereunder.
Severability
The Parties intend and believe that each provision of these Website Terms comports with all applicable law. However, if any provision of these Website Terms is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable as written, then it is the intent of the Parties that such provision be construed so as to limit, modify or interpret any such unlawfulness, invalidity, or unenforceability so as to make such provision valid and enforceable within the requirements of applicable law, and so as to give such provision, as closely as possible according to the Parties’ intentions as written, full force and effect to the fullest possible extent that it is legal, valid, and enforceable. In the event any such provision cannot be so limited, modified, interpreted, or made, these Website Terms shall be construed so as to omit such provision, and in any such event, the remainder of these Website Terms and the Parties’ rights and obligations hereunder shall continue in full force and effect and be unimpaired.
Waiver
The waiver of any breach (including failure of warranty or representation) of any provision hereunder will not be deemed estoppel against asserting the right to enforce such provision in the future or a waiver of any other provision or any subsequent breach of the same or any other provision. All remedies are cumulative.
Construction
Headings used herein are for convenience of reference only and shall not affect the interpretation of these Website Terms or any Section of them. Words and phrases used herein, and any acknowledgements thereof, will be applied flexibly in the singular or plural, or feminine, masculine, or neutral genders, as the context upon interpretation so requires, and will not strictly limit any interpretation or application. All monetary amounts applicable hereunder shall be in U.S. dollars. Uses in these Website Terms of the word, “including” shall be read to mean, “including, but not limited to,” unless the context requires otherwise.
Survival
All of the agreements, understandings, and obligations contained in these Website Terms that expressly by their terms or implicitly by their nature are intended to continue beyond termination of these Website Terms or your use of the Site will survive any such termination and continue in full force and effect.
Questions
If You have any questions regarding these Website Terms, our Privacy Policy, or your use of the Site, please contact Us at hello@25Ncoworking.com.
You may reach Us by mail at 25N Coworking, Attn: LX Haven, LLC, 25 N. River Lane, Geneva, IL 60134.