Terms and Conditions
General Terms and Conditions
Last updated: 5/12/2020
These terms and conditions of use (“Terms”) constitute a legal agreement between you and Essex Suites Companies LLC (“Essex Suites Companies”) and govern your use of the online services Essex Suites Companies makes available to you as a member and licensee of an office space managed by Essex Suites Companies or one of its subsidiaries or affiliated entities. Through the website and portal provided under these Terms (including related domains, sites, and mobile applications, as applicable, the “Site”), you may access your Essex Suites Companies account and make use of other services accessible through the Site (the “Services”). These Terms also governs all visitors of the Site who are not members or licensees of the Site. By (i) clicking an “Accept” or similar button, (ii) checking a box captioned with acceptance language, (iii) signing up for an account on the Site, (iv) using the Services, or (vi) communicating or otherwise contacting Essex Suites Companies through the Site, you acknowledge that you have read and understand these Terms and that you agree to be bound by them. If you are using the Site on behalf of a company or other legal entity, the term “you” shall refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he or she has authority to bind the entity to these Terms. YOU MAY NOT USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.
- License Agreements The Services and password-protected portions of the Site are available only to those licensees who have entered into a License Agreement with Essex Suites Companies, and the employees and authorized users of such licensees as provided in the respective License Agreement. If you are not subject to a current License Agreement, you may only visit the publicly accessible portions of the Site.
- User Accounts When you register your online account, Essex Suites Companies will provide you with user credentials (such as a user name and password) to access the non-public portions of the Site. You agree not to give these credentials to anyone else or allow anyone else to use or access the private portal and other protected content. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue maintain and update the information you have provided so that it remains true, accurate, current, and complete so long as you continue to use the Site. Anonymous or false identities are not allowed on the Site.
- Payments Essex Suites Companies may provide you with the ability to pay fees or purchase optional Services through the Site. Essex Suites Companies accepts payments by credit/debit card and automated clearing house (ACH) payments, and the Site is compliant with the data security standards promulgated by the PCI Security Standards Council. By submitting your payment information (whether on a one-time or recurring basis) you authorize Essex Suites Companies to charge your credit card or initiate ACH debits for all fees owed to Essex Suites Companies or its affiliates. All fees not paid when due will incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You will be subject to additional fees and/or penalties for late payments, returned checks, or other declined payments due to insufficient funds, as referenced in the License Agreement. All fees listed are exclusive of taxes unless otherwise noted, and you agree to be responsible and hold Essex Suites Companies harmless for any taxes levied by applicable governmental authorities (including without limitation sales and use taxes and value-added taxes, where applicable).
- Member Directory Essex Suites Companies maintains a member directory to enable members in shared office space to get to know each other. If you wish to completely remove your listing from the member directory (either on an individual basis or company-wide), please contact us at [email protected]
- Prohibited Conduct You may not:
- modify, alter, reverse engineer, or create derivative works of this Site or its contents;
- distribute to third parties or publically display the Site contents or use any portion thereof for commercial purposes, except as expressly authorized;
- scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other member’s personal information or any list or directory of members, except as expressly authorized;
- send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
- remove, modify, or obscure any copyright, trademark, or other proprietary notice;
- attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm Essex Suites Companies or any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means; or
- Indemnification You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless Essex Suites Companies and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site or Services; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site or Services; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.
- Disclaimer of Warranty THE SITE AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. ESSEX SUITES COMPANIES AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ESSEX SUITES COMPANIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, SAFETY, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. ESSEX SUITES COMPANIES MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USER’S NEEDS OR BE ERROR FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.
- Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ESSEX SUITES COMPANIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER ESSEX SUITES COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, ESSEX SUITES COMPANIES’S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM THE SITE OR OUR GOODS OR SERVICES, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE GOODS OR SERVICES DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Changes to the Site or these Terms The Site and Services and any of their features or content are subject to change from time to time. These Terms may be amended by Essex Suites Companies at any time. If changes to these Terms are significant, we will make reasonable efforts to notify you of the modified Terms. If you do not accept the modified Terms, we may terminate your access to the Site or Services, and if you continue to use the Site or Services after receiving notice, such use will constitute your acceptance of the modified Terms.
- Governing Law This Site originates from the State of New Jersey, USA. Essex Suites Companies makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Brooklyn, New York. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
- General Entire Agreement. These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and the Services, and supersedes and merges all prior discussions between the parties, except that written agreements signed by the parties shall supersede these Terms. Essex Suites Companies will not be deemed to have entered into any contract or agreement on the basis of industry custom or standards or on the basis of any communications that do not result in an express written agreement signed by Essex Suites Companies. Absent an express written agreement signed by Essex Suites Companies, Essex Suites Companies will have no liability to any party. Essex Suites Companies is under no obligation to negotiate any transaction with you, including without limitation, any lease or sale of real property, and may terminate in its sole and absolute discretion any ongoing negotiations. Real Estate Brokers. You warrant and represent to Essex Suites Companies that you are not a real estate broker, finder or any other person acting on behalf of a landlord or property owner for a fee or commission. You further warrant and represent that absent an express written agreement signed by Essex Suites Companies, you will not seek any fee or commission from Essex Suites Companies related to any transaction, including without limitation, the lease or sale of real property. You further agree that absent an express written agreement signed by Essex Suites Companies, if anyone makes a demand on Essex Suites Companies for a fee or commission related to your involvement in the sale or lease of real property, you will indemnify Essex Suites Companies for such fees or commissions. Rights and Remedies. The rights and remedies provided to Essex Suites Companies in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. Assignment. You may not assign or delegate your rights or duties under these Terms without Essex Suites Companies’s express prior written consent. Essex Suites Companies may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. Severability. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. Relationship of the Parties. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.