Terms & Conditions
1. Licensee will be charged fifty percent (50%) for cancellations less than seventy-two hours prior to event.
2. No refund will be given for any cancellations less than forty-eight hours’ notice.
EVENT LICENSE AGREEMENT
1. General Terms. For purposes of this Event License Agreement (“Agreement”), the following will apply:
(a) “Insurance Limits”:
Worker’s Compensation: $1MM
Employer’s Liability: $1MM/2MM
Commercial General Liability: $1MM/2MM
Dram Shop/Host Liability: $1MM/2MM
Special Form Property: Full replacement cost of Licensee’s Property
2. Temporary License. Licensee will (a) use the Premises solely for the purpose of holding or participating in the Event during the Event Schedule, (b) commence setting up its equipment, materials and other property (“Licensee’s Property”) in the Premises at the Set-Up Time, and (c) complete removal of Licensee’s Property from and clean-up the Premises no later than the Clean-Up Deadline. Licensee will comply with (i) all federal, state and local laws, ordinances, rules and regulations applicable to the Event (“Applicable Law”), including without limitation obtaining all necessary licenses and permits, and (ii) the Event Rules attached hereto as Exhibit “A” and any additional rules promulgated by Licensor. Licensor will provide no special parking for Licensee or Licensee’s invitees. Licensor will have the right to relocate the Premises to another part of the Project upon no less than 24 hours’ prior written notice to Licensee.
3. Payments by Licensee. Upon execution of this Agreement, Licensee will pay Licensor (a) the License Fee, (b) an estimate of extra expenses anticipated to be incurred by Licensor as a result of the Event, such as additional or overtime security, utility, and janitorial costs (“Additional Fees”). Licensee will pay Licensor any Additional Fee not covered by the initial estimate within 10 days after receipt of Licensor’s invoice.
4. Term. The “Term” of this Agreement will begin upon the first entry onto the Premises by a Licensee Party (defined below) for any purpose relating to the Permitted Use and will end upon Licensee’s completion of its obligations under Paragraph 5 and departure of the last Licensee party. No Licensee Party will enter the Premises prior to the Set-Up Time nor remain in the Premises after the Clean-Up Deadline without the prior written consent of Licensor or Manager. Licensor will have the right to terminate or postpone the Event without cause by written notice to Licensee no later than 14 days prior to the Set-Up Time. Licensor will not be liable to any Licensee Party for any expenses or damages incurred by a Licensee Party if the Event is terminated or postponed.
5. Clean-Up. By the Clean-Up Deadline, Licensee will, at its expense, (a) remove all of Licensee’s Property, trash and debris from the Location and surrounding areas, (b) return the Location and surrounding areas to their pre-Event condition, and (c) repair and/or replace any property, equipment, structure, landscaping or other portion of the Project which is damaged or destroyed in connection with the Event.
6. Indemnity. Licensee shall indemnify, defend and hold Licensor, Manager and their respective partners, members, subsidiaries and affiliates, and all of their respective agents, employees, directors and officers legal and economic owners, shareholders, partners, members, managers, agenst and affiliates(collectively, “Licensor Parties”), harmless against all demands, liabilities, damages, causes of action, suits, proceedings and costs (including without limitation attorneys’ fees and other costs of litigation) incurred by or claimed against any Licensor Party which are alleged to have occurred in connection with the Event (collectively, “Claims”):, including without limitation any Claims based upon (i) illness, injury to or death of any person, (ii) damage, destruction or loss of the property of Licensee or any of its agents, officers, employees or contractors, or any participant in the Event (collectively, “Licensee Parties”), (iii) failure of any Licensee Party to comply with Applicable Law, (iv) breach of this Agreement by any Licensee Party, (v) acts or omissions of Licensee Parties which constitute negligence, fraud, breach of fiduciary duty, wilful, reckless or criminal misconduct, or (vi) actions beyond the scope of authority conferred upon Licensee. The foregoing obligations will be and remain effective even if (A) the incident giving rise to such Claim occurs before or after the Term or outside the Location or (B) the condition of the Project or the Location or the SOLE OR CONCURRENT NEGLIGENCE OF A LICENSOR PARTY gives rise or contributes to the Claim. Licensee shall give prompt written notice to Licensor of any occurrence that might give rise to a Claim.
7. Waiver. Licensee waives all Claims against the Licensor Parties alleged to arise out of (a) any loss, damage or destruction of Licensee’s Property, or (b) any injury to an employee of Licensee arising out of or in the course of the employment of the employee or while performing duties related to the conduct of Licensee’s business, even if the SOLE OR CONCURRENT NEGLIGENCE OF A LICENSOR PARTY caused or contributed to such loss, damage, destruction or injury.
(a) Coverages. Licensee will purchase and maintain the following insurance policies in compliance with the Insurance Limits in Paragraph 1(a): (i) worker’s compensation and employer’s liability insurance including a waiver of subrogation in favor of Licensor Parties; (ii) commercial general liability insurance written on an occurrence basis containing (A) an endorsement including Licensor Parties as “additional insureds”, (B) waiver of subrogation in favor of Licensor Parties, and (C) deletion of the contractual liability exclusion for personal injury; (iii) if applicable, dram shop or host liability insurance; and (iv) special form (or all risks) property insurance covering Licensee’s Property containing waiver of subrogation in favor of Licensor Parties. The Insurance Limits are Licensor’s minimum requirements and do not limit Licensee’s indemnities under this Agreement.
(b) Policies, Certificates. All policies must be (i) issued by carriers having ratings of Best’s Insurance Guide A/VIII, or better, and admitted to engage in the business of insurance in the state in which the Project is located, and (ii) endorsed to be primary (with the policies of all Licensor Parties being excess, secondary and noncontributing). Any deductible or self-insured retention in excess of $10,000 must be approved in advance by Licensor. Certificates evidencing Licensee’s required insurance coverage must be delivered to Manager by Licensee before entering the Premises for set-up. Such certificates must (A) specify the endorsements, waivers, and deletions required by Paragraph 8(a), (B) state the amounts of all deductibles and self-insured retentions, and (C) confirm that the applicable policy does not expire prior to the expiration of the Term. If requested in writing by Licensor or Manager, Licensee will provide to Licensor a certified copy of any or all insurance policies or endorsements required by this Agreement. The following will not constitute a waiver by Licensor of Licensee’s insurance obligations: (I) Licensee’s use of the Location without delivering the required insurance certificates or (II) acceptance by Licensor or Manager of certificates evidencing insurance coverages different from those required by this Agreement.
9. Interpretation. All obligations under this Agreement will extend to the successors-in-interest of the parties. This Agreement (a) will be governed by the laws of the state in which the Project is located, (b) contains the entire agreement between the parties, and (c) may not be modified except by a written instrument signed by both parties. Venue for any action under this Agreement will be in the county in which the Project is located. No waiver of any provision of this Agreement will be effective unless in writing signed by the waiving party. All indemnities, waivers and obligations to defend in this Agreement will survive the cancellation or expiration of this Agreement. Licensor’s approval (i) will not be effective unless granted in writing by Licensor or Manager, (ii) will apply only to the matter for which approval was sought, and (iii) may be withheld or conditioned in Licensor’s or Manager’s sole discretion.
10. Remedies; Limitations of Liability. Upon any breach of this Agreement, the non-breaching party will have the right to exercise any right or remedy available at law or in equity, including without limitation damages and injunctive relief. The exercise of any right or remedy will not preclude the concurrent or subsequent exercise of any other right or remedy. Licensor’s liability for failure to perform under this Agreement will be recoverable solely out of proceeds from judicial sale upon execution against Licensor’s interest in the Project. Except as provided in the preceding sentence, Licensee waives (a) all other rights of recovery against any Licensor Party, and (b) all Claims against any Licensor Party for consequential, special or punitive damages allegedly suffered by any Licensee Party, including without limitation lost profits and business interruption. Both Parties waive trial by jury in any legal proceeding arising out of this Agreement.
1. Condition of Premises and Surrounding Area. Licensee will keep the Premises and surrounding areas, and Licensee’s Property at the Premises, in a neat, clean and attractive manner, free of any trash or debris originating from the Premises or resulting from Licensee’s activities. No boxes, trash, back-up stock or personal items will be visible to Licensee’s customers at any time. Licensee will not permit any noise, music, odor, or other nuisance at the Premises that would annoy other occupants of the Project or members of the public.
2. Objects at or around Premises. Licensee must obtain Licensor’s prior approval of any tables, booths, or other Licensee’s Property that Licensee intends to place in the Premises. Licensee will not place (a) any of Licensee’s Property outside the Premises or on any fixture in the Project or (b) any tape on the floor or Project fixture. Unless expressly approved in writing by Licensor, Licensee will not permit any table, chair or other equipment lacking rubber or soft vinyl bases at its floor contact points to be placed on the floor except on vinyl or rubber mats or carpets.
3. Transport of Objects. Licensee will transport items to the Premises by such route and at such times as approved in advance by Licensor or Manager. Unless Licensor or Manager consents, no items will be transferred to the Premises during Project operating hours. None of Licensee’s Property will be dragged across any floor or other surface. Licensee will hand carry or use carts or dollies with 2-inch wide rubber wheels to transport Licensee’s Property to the Premises.
4. Activities at Premises. Any type of work Licensee wishes to perform at the Premises, including without limitation setting up displays or signs, construction or painting, distributing brochures or handouts, will be subject to Licensor’s prior written approval and will be performed only at such times as approved by Licensor. All signs, brochures and displays used at the Premises will be of professional design and quality. If the Event involves the display of photographs or graphics, paintings, prints or other works of art, Licensor will have the right to require the removal of any photograph or work of art which, in the sole opinion of Licensor, may be offensive to the general public. If the Premises is indoors, Licensee will cause any vehicle which Licensor approves for display at the Premises to comply with local fire codes. No solicitation or leafleting of any type is permitted at any time at the Project.
7. Alcoholic Beverages. If alcoholic beverages are permitted to be served in the Premises in connection with the Event and neither Licensee nor Licensee’s caterer is licensed to serve alcohol, Licensee must obtain a banquet permit or other applicable permit. All necessary liquor permits must be submitted to Licensor no later than 10 days before Set-Up Time, and posted during the Term, in the manner required by Applicable Law.
The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to 440 South LaSalle (“The Building”) in the condition received from The Building. The renter shall pay The Building full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CCS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your 440meetings.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CCS may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CCS liability. You must immediately notify CCS of any unauthorized uses of your blog, your account or any other breaches of security. CCS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Payment and Renewal.
• General Terms.
By selecting a product or service, you agree to pay CCS the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable unless otherwise stated in the Cancellation Policy.
• Automatic Renewal.
Unless you notify CCS before the end of any applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
• Fees; Payment. By signing up for a Services account you agree to pay CCS the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. CCS reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to CCS.
• Support. Your service includes access to standard email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by CCS to respond within two business days) concerning the use of 440meetings.com services. All support will be provided in accordance with CCS standard services practices, procedures and policies.
4. Responsibility of Website Visitors. CCS has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CCS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CCS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 440meetings.com links, and that link to 440meetings.com. CCS does not have any control over those non-CCS websites and webpages, and is not responsible for their contents or their use. By linking to a non-CCS website or webpage, CCS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CCS disclaims any responsibility for any harm resulting from your use of non-CCS websites and webpages.
6. Copyright Infringement and DMCA Policy. As CCS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 440meetings.com violates your copyright, you are encouraged to notify CCS in accordance with CCS’s Digital Millennium Copyright Act (“DMCA”) Policy. CCS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CCS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CCS or others. In the case of such termination, CCS will have no obligation to provide a refund of any amounts previously paid to CCS.
7. Intellectual Property. This Agreement does not transfer from CCS to you any CCS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CCS. CCS, 440meetings.com, the 440meetings.com logo, and all other trademarks, service marks, graphics and logos used in connection with 440meetings.com, or the Website are trademarks or registered trademarks of CCS or CCS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CCS or third-party trademarks.
8. Changes. CCS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CCS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. CCS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 440meetings.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by CCS if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CCS’s notice to you thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. CCS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CCS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will CCS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CCS under this agreement during the twelve (12) month period prior to the cause of action. CCS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Indemnification. You agree to indemnify and hold harmless CCS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between CCS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CCS, or by the posting by CCS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cook County, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CCS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.