Introduction
These Terms of Service (hereafter "Terms" or "Agreement") are provided by One Three Workspace LLC, an Illinois limited liability company d/b/a Two Thirty (hereafter the "Company", or otherwise referred to herein as we, us, or our). And please understand that we refer herein to each visitor, registered user and/or Invitee either as a "User" or (in the alternative) as you, your and related terms.
These Terms govern your use of all Company websites and mobile applications, and these Terms also govern your use of the workspace located on the third floor of 230 West Superior Street, Chicago, IL 60654.
BY ACCESSING OR USING ANY OF THE SITES, BY REGISTERING FOR ACCESS TO THE SITES OR THE WORKSPACE, AND/OR BY ENTERING THE WORKSPACE, YOU HEREBY AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR HOUSE RULES (COLLECTIVELY, OUR "USE POLICIES"). PLEASE TAKE THE TIME TO READ ALL OF THE PROVISIONS SET FORTH IN THE USE POLICIES CAREFULLY.
IF YOU DO NOT AGREE TO THE TERMS IN THE USE POLICIES (AS MAY BE AMENDED FROM TIME TO TIME) YOU WILL NOT BE AUTHORIZED TO (AND YOU MAY NOT) ACCESS OR USE THE SITES, THE WORKSPACE OR THE PREMISES.
If you are entering into this Agreement on behalf of an entity (such as a corporation) or on behalf of other individuals, you represent and warrant that you have all necessary right, authority and consent to bind such entity or individual(s) to this Agreement.
You can contact us at any time by using the contact information set forth in Section 20, below.
1. Definitions
Company: Means One Three Workspace LLC, an Illinois limited liability company d/b/a Two Thirty, and any successor in interest to such party.
Landlord: Refers to Horwitz and Co., Incorporated, the owner and/or licensor of the Premises. The identity of the Landlord may change from time to time, if the Premises are sold.
Workspace/Premises/Fixtures: The physical workspaces are located throughout the building in the lower level, third floor and seventh floor of the Premises, and the workspace also includes certain designated meeting rooms, kitchen, bathrooms, and related spaces within the Premises (collectively, the "Workspace"). The Company reserves the right to designate additional workspaces (within the Premises) from time to time, and such will be considered to be part of the Workspace. The Workspace is located within the commercial building located at 230 W Superior St, Chicago, IL 60654 (the "Premises"). In addition, these Terms also apply to all equipment and fixtures located within the Workspace, Premises and/or related areas, including without limitation all security equipment, audio visual equipment, networking and communications equipment, kitchen equipment, supplies and fixtures, and all Company-provided furniture, collectively referred to as "Fixtures".
Sites: Refers to all Company-operated websites (public or private), all internet or mobile service portals, and all mobile applications through which information about the Workspace, the Sites, Site registration, room reservation, service requests, User communications, and related services are managed by the Company.
House Rules: Refers to all rules, policies, and guidelines established or modified by the Company in relation to the Workspace and the Premises; the current House Rules are available via the Sites or upon written request to the Company.
Use Policies: This term is defined in Section 1.
User or Users: The term "User" includes: (i) any person or entity which visits, registers to use, or otherwise uses any of the Sites in any way, and (ii) also includes any person or entity which registers to access or use the Workspace. For clarity, the term "User" includes (without limitation) both Site Users and Workspace Users (defined below).
Invitees: Refers to any person who is invited at any time by a Workspace User (or is otherwise allowed access by a Workspace User) to access or use any non-public areas of the Sites, the Workspace and/or the Premises, including without limitation: all employees, affiliates, cohort companies, guests, invitees, contractors or service providers who/which are reasonably required for the Workspace User’s use of the Workspace. All Invitees are subject to these Terms and the House Rules. Workspace Users are fully responsible for the acts or omissions of their Invitees.
2. Acceptance of These Terms, Users, Incorporation of Other Policies
Users, and User Categories
Certain terms herein apply only to persons or entities which visit or use the Sites or the Workspace ("Site Users"), while other terms apply only to persons or entities which register or otherwise are authorized to use the physical Workspace ("Workspace Users").
Site Users: All terms here which are marked as applicable to All Users bind all individuals and entities which access or use any of the Sites, the Workspace or the Premises (whether registered as a User or not).
Workspace Users: Provisions marked Workspace Users Only apply exclusively to users which register to access or use the physical Workspace, and their authorized Invitees.
Binding Effect
By accessing any of the Sites or by registering for the Workspace or any Workspace services, you accept and agree to be legally bound by these Terms as applicable to your category of use.
Supplemental Policies, Incorporation
Other policies referenced in these Terms (e.g., the other Use Policies) are deemed to be incorporated herein to the extent they do not conflict with these Terms.
3. Eligibility, Registration, and Accounts
Eligibility (All Users)
Use of the Sites is available only to individuals or entities capable of entering into legally binding contracts under applicable law. Minors (meaning, anyone under the age of 18) are not permitted to register for or use the Sites or the Workspace.
Registration (Sites)
Certain Site features may require you to create an account and provide certain registration information. You are and will be responsible for maintaining the confidentiality and security of your Site access credentials (including digital credentials, badges, keys, access cards, or codes) at all times; and you will be solely responsible for all activities conducted under your account or credentials. Please notify the Company immediately if you become aware of any unauthorized access, compromise, or loss of your account credentials. The Company will manage all registration information as set forth in our Privacy Policy.
Access Credentials (Workspace Users Only)
In order to access the Workspace and the Premises as a registered Workspace User you must create an account and provide accurate registration information. You are and will be responsible for maintaining the confidentiality and security of your Workspace access credentials (including digital credentials, badges, keys, access cards, or codes) at all times; and you will be solely responsible for all activities conducted under your account or credentials. Please notify the Company immediately if you become aware of any unauthorized access, compromise, or loss of your account credentials.
4. Limited License to Access the Workspace and the Premises (Workspace Users Only)
Licensed Access to Workspace
All access to the Workspace and the Premises is granted by the Company to registered Workspace Users solely under a limited, revocable, non-transferable, time-limited license, on and subject to the terms detailed in these Terms and the House Rules. NEITHER THIS LICENSE NOR THESE TERMS CONSTITUTE A LEASE OR CREATE ANY TENANCY, LEASEHOLD, RIGHT OF EXCLUSIVE POSSESSION, OR ANY OTHER INTEREST IN REAL PROPERTY OF ANY KIND. All rights in the Workspace and the Premises are retained by the Company and/or Landlord. Each User expressly waives any claim of tenancy, possessory rights, or quiet enjoyment. The Company retains the right to relocate the User within the Workspace or comparable facilities at any time.
No Assignment or Sublicensing
You may not assign, sublicense, or otherwise transfer any rights to access or use the Sites or the Workspace except as expressly permitted in these Terms.
5. Limited License to Use the Sites (All Users)
Permitted Uses
You may use the Sites only for lawful purposes, including reviewing Workspace offerings, registering for services, managing bookings, engaging in legitimate communications with the Company, or as otherwise authorized by these Terms or the House Rules.
Prohibited Conduct
You agree not to:
- Access or attempt to access secure or non-public areas of the Sites or Company systems without authorization.
- Infringe or violate copyright, trademark, or other intellectual property or proprietary rights.
- Transmit viruses, malware, or other harmful code.
- Engage in abusive, harassing, defamatory, obscene, or otherwise objectionable conduct.
- Interfere with, restrict, or inhibit another User’s use of the Sites or the Workspace.
- Impersonate another person or company, or otherwise misrepresent yourself or your company/entity in any way.
- Upload, transmit or otherwise use a third party’s intellectual property or other proprietary information in or on the Sites without the express permission from the appropriate third party (owner, licensor, etc.).
- Use the Sites to violate the privacy, publicity, or similar legal rights of others; and/or use the Sites to harass, defame, libel or otherwise harm others.
- Undertake any illegal activity of any kind.
6. Intellectual Property
All Site content (text, graphics, trademarks, logos, software, etc.) is owned or licensed by Company or its suppliers. Reproduction, distribution, or unauthorized use is strictly prohibited.
7. Workspace Access and Use (Workspace Users Only)
Workspace License Period and Hours
You will have access to the Workspace for the period specified in your registration confirmation. Unless otherwise stated, access to the Workspace will be permitted 24/7 during the license period, subject to Premises security procedures and House Rules.
Permitted Use and Occupancy
The Workspace is strictly for office and related business uses. Use of the Workspace is limited to registered Workplace Users, employees, affiliated entities, mentors, approved Invitees, and registered guests.
Invitees, Guests, and Liability
Workspace Users are fully responsible for the conduct of their Invitees in the Workspace and Premises, and must ensure their compliance with all applicable Terms and House Rules. Workspace Users will indemnify and hold harmless the Company and Landlord from claims, damages, losses, or liabilities arising out of the actions or omissions of their Invitees, to the extent permitted by Illinois law.
Access Devices and Security
All keys, access cards, electronic badges, or digital credentials remain the property of Company. Copying, sharing, or unauthorized use or transfer of access materials is prohibited. All access devices and materials must be returned immediately upon termination or expiration of your license. Loss or failure to return such items may result in the assessment of replacement costs.
House Rules
The Company reserves the right to modify or establish new House Rules with prior notice to active Workspace Users. Violations of House Rules may result in immediate suspension or termination of access.
Condition of Premises and Alterations
You accept the Workspace as is and are responsible for maintaining it in a clean, safe condition during use. No alterations, installations, or modifications are permitted without prior written consent. Damage beyond ordinary wear and tear is your responsibility, and remediation costs may be deducted from deposits or separately invoiced.
Prohibited Activities, Nuisance, and Safety
No Workspace User or Invitee may:
- Use the Workspace for unlawful, hazardous, or otherwise prohibited purposes;
- Cause unreasonable noise, odors, or disturbances;
- Use the Workspace for sleeping, overnight lodging, or residence;
- Violate building capacity or violate posted safety instructions;
- Use the Workspace in violation of the House Rules.
Amenities, Reservations, and Additional Services
Use of meeting rooms, shared amenities, and other facilities (including kitchen, bathrooms, phone booths, etc.) is on a shared, non-exclusive basis, subject to scheduling, availability, and posted reservation rules. Use of premium amenities (e.g., conference space, event areas, or meeting rooms) may require advance reservation and payment per current rates.
8. Fees, Payment Terms, and Deposits (Workspace Users Only)
Fees, Payment Methods, and Invoicing
Purchasing a license to access the Workspace requires you to pay applicable fees, as such fees are set forth on the Sites or as otherwise confirmed by invoice or registration materials. Acceptable payment methods include credit/debit card, ACH, and payments submitted through any third-party payment platform supported by the Company. Payment is due upon booking or by the payment deadline specified in the invoice or reservation confirmation.
Deposits (if applicable)
Deposits, if required, must be paid before any Workspace access will be granted. Deposits may be applied against unpaid fees, loss, or damages as permitted herein and are otherwise refundable provided all obligations (including return of access devices) are fulfilled.
Refunds, Dispute Resolution, and Corrections
All payments are non-refundable except as may be expressly required by law. If you dispute any fee or payment, you must notify Company within fifteen (15) days of the applicable charge. Company will review bona fide disputes and issue corrections or credits as appropriate.
Late Payments
Amounts not paid within five (5) days of the due date may be subject to a late fee of five percent (5%) of the overdue amount or the maximum allowed by law, whichever is lesser. Repeated payment defaults may result in suspension or termination of access and forfeiture of deposits.
License Fees; Subscriptions; Automatic Renewal; No Refunds
If you elect to purchase Services from us as a subscription (e.g., for access to the Workspace for a period of time) the date upon which you complete your registration on the Site(s) or on which your account is activated by us and we receive an initial payment from you (whichever is later) will be the effective date (the "Effective Date") of your purchase, and the date on which your service period ends will be last day of the subscription period or the last day of services, as indicated on the Sites or other documentation provided by the Company. Following the end of any service period, you agree that we may provide you notice that your subscription period has expired, and thereafter we may terminate all applicable services, and we may delete your account(s) and all account-related information. Unless otherwise agreed, following termination, we will have no obligation to archive, retrieve or transmit any account-related information to you.
Unless otherwise expressly stated in an Order, the applicable subscription will automatically renew upon expiration of the then-current subscription period for successive renewal terms of equal duration to the initial subscription period (each, a "Renewal Term"), at the then-current fees in effect for such Services. By purchasing a subscription, you authorize the Company (and its payment processor) to charge your designated payment method for each Renewal Term without further action by you, unless and until the subscription is canceled in accordance with this Agreement.
Following the expiration of the initial subscription period, you may cancel your subscription for any reason via the Sites (primarily via our mobile applications), through your account settings available online, or by such other means as the Company may designate. Any cancellation will become effective at the end of the then-current subscription period following the expiration of the thirty (30)-day notice period, and you will remain responsible for all fees incurred through the effective date of cancellation.
ALL FEES ARE NON-CANCELABLE AND NON-REFUNDABLE, AND, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, THE COMPANY WILL NOT PROVIDE ANY REFUNDS OR CREDITS OR PRORATE ANY FEES FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNUSED SERVICES, INCLUDING UPON ANY TERMINATION OR CANCELLATION OF YOUR SUBSCRIPTION.
Payment Processing
The Sites may allow or require you to make certain payments in conjunction with various services (e.g., meeting room reservation) from time to time. In connection therewith: We have contracted with third party service provider(s) to process credit card payments and/or to process other kinds of payments. The only payment methods accepted by the Sites are those specifically listed above. We do not have access to credit card numbers or other information; our access to such information is limited to information that confirms payment status and related account information. If you use a credit card to make a payment on the Sites, you understand and specifically agree that we (and/or our third-party service provider, as applicable) may process charges for the transactions initiated by you in accordance with the fees and rates set forth on the Sites.
Additional Obligations/Restrictions/Agreements
- You will indemnify, defend, and hold us harmless from any breach by you of any credit or debit card processing and/or issuing agreement, and any breach by you of any agreement with an alternative payment service provider (e.g., PayPal).
- You may not share accounts, and you may not create multiple user accounts or multiple user connections to the Sites in order to evade an obligation to pay service fees or other charges.
- You are responsible for paying all taxes and government charges applicable to payments you make in conjunction with the Sites or the Workspace.
- You acknowledge and agree that credit card information, other payment service information, and/or related billing and payment information that you provide may be shared by us with third party service providers such as payment processors and/or credit agencies, solely for the purposes of checking credit, processing payments and otherwise servicing your account. You agree that we may convey such information as we have access to in response to valid legal process (such as subpoenas and court orders), or to establish or exercise our legal rights. We will not be liable for any use or disclosure of such information by such third parties.
9. Insurance Requirements and Risk Allocation (Workspace Users Only)
Insurance Requirements
If requested by the Company, Workspace Users (excluding invited guests and general Site Users) must maintain during the License Period, at their own expense, the following insurance:
- Commercial General Liability Insurance, with limits not less than $1,000,000 per occurrence, naming Company and Landlord as additional insureds, on a primary and non-contributory basis.
Certificates evidencing such coverage must be submitted prior to Workspace access and maintained throughout usage. Failure to maintain required insurance may result in denied access.
Indemnification
To the extent not caused by the gross negligence or willful misconduct of the Company, the Workspace User agrees to indemnify, defend (with counsel acceptable to Company), and hold harmless the Company, Landlord, and their respective affiliated entities, against all actions, liabilities, losses, damages, or costs (including attorney’s fees) arising out of (a) the Workspace User’s use or misuse of the Workspace, (b) acts or omissions of Workspace User’s Invitees or contractors, or (c) any breach of these Terms or the House Rules.
Site Users
Site Users who do not access the Workspace shall not be required to provide insurance.
10. Limitation of Liability and Disclaimers (All Users)
As Is; No Warranties
THE SITES, THE WORKSPACE, AND ALL RELATED SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND/OR WARRANTIES REGARDING THE SITES OR WORKSPACE AVAILABILITY, FUNCTIONALITY, OR SECURITY BEYOND THAT REQUIRED BY APPLICABLE LAW.
Limitations of Liability — Workspace Users Only
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE COMPANY, THE LANDLORD, AND THEIR OFFICERS, DIRECTORS AND AFFILIATES WILL NOT BE LIABLE FOR (AND YOU HEREBY WAIVE) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITES, OR YOUR WORKSPACE USE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY OTHER (DIRECT) LIABILITY, YOU EXPRESSLY AGREE THAT THE MAXIMUM AGGREGATE AMOUNT FOR WHICH THE COMPANY IS LIABLE WILL NOT EXCEED EITHER: (I) THE LICENSE FEES ACTUALLY PAID BY YOU AND RECEIVED BY COMPANY FOR UP TO THE PRIOR TWELVE (12) MONTHS OF THE APPLICABLE LICENSE PERIOD, OR (II) THE SUM OF FIVE THOUSAND DOLLARS ($5,000.00), WHICHEVER IS LESS.
Limitations of Liability — Site Users Only
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE COMPANY, THE LANDLORD, AND THEIR OFFICERS, DIRECTORS AND AFFILIATES WILL NOT BE LIABLE FOR (AND YOU HEREBY WAIVE) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITES, OR YOUR WORKSPACE USE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY OTHER (DIRECT) LIABILITY, YOU EXPRESSLY AGREE THAT THE MAXIMUM AGGREGATE AMOUNT FOR WHICH THE COMPANY IS LIABLE WILL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).
Assumption of Risk
Each Workspace User agrees to use the Sites, the Workspace and the Premises at its own risk, and knowingly accepts all associated risks. Each Site User agrees to use the Sites at its own risk, and knowingly accepts such risks.
Waiver of Subrogation
To the fullest extent permitted by law, all Workspace Users and their Invitees waive all claims for loss, injury, or damage to property or business sustained as a result of any cause, except to the extent caused by the gross negligence or willful misconduct of Company or Landlord.
Statute of Limitations
UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES OR THE WORKSPACE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Force Majeure
We will not be liable for any failure or delay in fulfilling the terms of any service engagement for Services due to fire, strike, war, civil unrest, terrorist action, government regulations, pandemic, service interruption by a Service Partner, a third-party telecommunications or technology infrastructure service unavailability, act of Nature, or other events which are unavoidable and beyond our reasonable control (each, a "Force Majeure Event").
11. Confidentiality (All Users)
You must keep confidential all non-public, proprietary, or sensitive information of the Company, Landlord, or other Workspace Users obtained in connection with your access to or use of the Workspace or Sites, and not disclose or use such information except as required to fulfill your lawful obligations hereunder or under applicable law.
12. Accessibility and Non-Discrimination (All Users)
Americans with Disabilities Act (ADA) Commitment
The Company is committed to providing an accessible environment for all users and visitors, in compliance with the Americans with Disabilities Act and applicable Illinois statutes. Reasonable accommodations will be provided upon request for persons with disabilities, including but not limited to auxiliary aids, accessible meeting rooms, and services. Requests for accommodation may be made via the contact information below or through the Sites.
Public Accommodation
No User will be discriminated against in the provision of services or access to the Workspace on the basis of race, color, religion, national origin, gender, disability, age, sexual orientation, gender identity, or any other status protected by law.
13. Links, Third Party Products and Service Partners
Links and Third-Party Sites. Our Sites may contain links to third-party websites or other third-party resources which are accessed via the Internet (e.g., social media services, secure third-party applications, collectively, "Third Party Sites"), and in addition, Third Party Sites may contain links to our Sites. When you access Third Party Sites you do so at your own risk. Third Party Sites are not under our control, we have no obligation to (and do not) review or monitor Third Party Sites, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Sites. The inclusion of any link to a Third-Party Site on the Sites does not imply any endorsement of that Third Party Site by us or any association with its operators. Your access and use of Third-Party Sites is solely at your own risk.
Third-Party Service Partners. We may, from time to time, contract with third parties to provide various administrative or data processing services to us (e.g. payment processing services, network monitoring, application hosting, virus detection, etc.) in connection with the Sites or the Workspace. Such third-party partners will be referred to hereafter as "Service Partners". You are responsible for ensuring that you comply with the terms of service (or equivalent agreement) of each such Service Partner, and you will indemnify, defend, and hold us harmless from any breach of such agreement.
14. Privacy and Data Security (All Users)
Personal Information
All collection, storage, use, and protection of personal data is governed by Company’s Privacy Policy, which is available on the Sites or by request. By using the Sites or providing any personal information, you consent to the collection and use of your personal data as described in the Privacy Policy and in accordance with applicable data protection laws.
De-identified or Aggregated Information
We may aggregate and anonymize information you provide to us, or which we collect as described in this policy, in such a way as to ensure it will no longer be identifiable to you. This aggregated/anonymized data may be used for statistical, analytic, and administrative purposes, including analyzing our website traffic and trends, tailoring our Services, or conducting product analysis. We may use or share anonymized or aggregated data at our discretion, in accordance with applicable laws.
15. Modification of Terms and User Notice (All Users)
The Company may amend these Terms, the House Rules, or any policy incorporated herein, at any time. Material changes will be posted on the Sites with the effective date clearly indicated and, where possible, notice will be provided to registered Users via email at least ten (10) days in advance. Your continued use of the Sites or Workspace after new Terms become effective constitutes acceptance of such Terms. If you do not accept the amendments, you must discontinue all use of the Sites and the Workspace.
16. Termination, Default, Remedies, and Self-Help
Suspension or Termination
Company reserves the right to suspend, deactivate, or terminate any Users access to the Site or Workspace in the event of a breach of these Terms or House Rules.
Events of Default (Workspace Users Only)
Events that constitute default include:
- Failure to pay fees when due.
- Material violation of any provision of these Terms or House Rules.
- Unauthorized assignment, sublicense, or transfer of rights.
- Occupancy of the Workspace beyond the authorized license period.
- Any other breach of any of the terms in the Use Policies.
Company will provide written notice of default where required. Failure to cure within ten (10) days (or such shorter period as the situation may reasonably require) may result in immediate termination of all rights.
Remedies and Self-Help
Upon default, Company may, subject to applicable law:
- Terminate your access to the Workspace and Site;
- Require the immediate vacation of the Premises by you and your Invitees;
- Retain all paid fees and deposits as liquidated damages to the extent permitted by law;
- Employ lawful self-help remedies, such as deactivating digital access, changing locks, or disabling credentials;
- Pursue legal recourse for damages, unpaid fees, or unauthorized occupancy;
- Recover reasonable attorneys fees, costs of collection, and any additional remedies available as a matter of law.
17. Dispute Resolution and Arbitration (All Users)
Informal Resolution
You agree to first attempt to resolve any dispute, claim, or controversy relating to these Terms, your Workspace use, or the Sites through good-faith negotiation with Company. Written notice of any dispute must be provided to the contact below.
Mediation and Arbitration
If a dispute cannot be resolved informally within thirty (30) days, either party may require non-binding mediation administered by a mutually agreed upon provider in Cook County, Illinois. If the dispute remains unresolved, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) or similar organization, conducted in Cook County, Illinois. Judgment on the arbitrators award may be entered in any court of competent jurisdiction.
This obligation to arbitrate does not preclude either party from seeking emergency equitable relief (such as an injunction) from a court of law for imminent or ongoing harm.
All mediation and dispute resolution proceedings will be expressly subject to the terms of Section 11 of these Terms (Limitation of Liability).
Waiver of Class Actions
All disputes will be arbitrated or adjudicated on an individual basis. You and Company each waive any right to participate in class, consolidated, or representative actions.
18. Proprietary Rights and User Content
Ownership
The Company and its licensors retain all rights, title, and interests in and to the Sites, Workspace, services, and all intellectual property rights therein. Nothing in these Terms grants you a license to use company trademarks, service marks, or copyrighted materials in any way that is not expressly authorized in writing by the Company.
User Submissions
If the Site permits the submission of user-generated content (e.g., reviews, feedback), you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, and distribute such content as contemplated by the Site’s Privacy Policy.
Copyright Infringement or Misuse Claims
(i) Right to Remove Content from the Sites. We reserve the right to remove, edit or modify any content or other materials on the Sites (whether our content or user content) or Services, at any time, temporarily or permanently, without notice to you or other users, for any reason in our sole discretion if we believe in good faith that such action is in the best interests of the Sites or the public (including, but not limited to, upon receipt of claims or allegations of illegal behavior from third parties or authorities relating to such content or functionality, or if we are concerned that you may have violated these Terms).
(ii) Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner, or an agent thereof, and you believe that certain content hosted on the Sites infringes on your copyright interests, you may submit a notice thereof pursuant to the Digital Millennium Copyright Act ("DMCA") to us by providing us with the information listed below. Following receipt of a full and complete notice, we will take whatever action(s) we deem appropriate (in our sole discretion), which may include removing the subject material from the Site.
To provide full notice to us please provide the following, in writing:
- Please identify the owner of the copyright that is alleged to be infringed, and please provide a name and physical or electronic signature of the copyright owner or of a person authorized to act on behalf of such owner;
- Please identify the copyrighted work that you claim has been infringed (images, screenshots, etc. may be acceptable, in conjunction with a written description or web link, as may be applicable), a clear description of the location on the Sites of the allegedly infringing material, and a clear description of how you believe that your copyrighted material has been infringed;
- Please provide us with adequate contact information so that we will be able to contact you regarding your notice;
- Please provide a written statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Please provide a written statement to the effect that the information in your notification is accurate, and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the right that is allegedly infringed.
Notice under this section should be delivered to the contact information included at the end of these Terms.
19. Notices
All legal notices required under these Terms must be sent to Company at its principal business address: 230 W Superior St, Suite 700 Chicago, IL 60654, or to hello@twothirty.space. Notices to you will be delivered to the address or email on file in your account, or as otherwise indicated during registration.
20. Governing Law and Venue
These Terms and all disputes arising out of or relating hereto shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law principles. Subject to the Dispute Resolution provisions, exclusive venue for any permitted legal action shall lie in the state and federal courts located in Cook County, Illinois.
21. Severability
If any provision of these Terms or the House Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
22. Entire Agreement
These Terms, together with the House Rules, Privacy Policy, and any other incorporated or referenced documents, constitute the entire and exclusive agreement between you and Company regarding the subject matter hereof, and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral.
23. Waiver
No waiver of any provision of these Terms will be effective unless in writing and signed by a duly authorized representative of Company. No failure or delay by Company in enforcing these Terms shall operate as a waiver thereof.
24. Contact Us: Questions or Requests for Accommodation
If you have questions about these Terms or the User Policies, or to submit accommodation requests, please contact us as follows:
Two Thirty Support
230 W Superior St, Suite 700
Chicago, IL 60654