TERMS OF USE

AGREEMENT

This website, www.fulbrix.com (the “Website”), is provided by 160 North Elizabeth Holdings, LLC (“Fulbrix”, “we”, “us” or “our”) to you (“you” or “your”) subject to the following Terms of Use (“TOU”).

This page describes the terms and conditions that govern your use of the Website. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.

We reserve the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. By using the Website, you: (i) agree to be bound by this TOU as from time to time amended; (ii) represent and warrant that you are at least eighteen (18) years old; and, (iii) represent and warrant that you have the legal authority to accept the TOU. This is a legally binding agreement. If you do not agree to the TOU, you are not authorized to use the Website. IF ANY FUTURE CHANGES TO THIS TOU ARE UNACCEPTABLE TO YOU, YOU AGREE TO DISCONTINUE USING THE WEBSITE.

PURPOSE

The purpose of the Website is to provide you with access to materials and resources (collectively “Services”), including rental information, floor plans, photographs, videos and other graphic information, interactive design tools, communication forums and product information, all relating to our building at 160 North Elizabeth Street, Chicago, Illinois. The Services include any updates, enhancements or new features. We may choose to delete, add new or modify Web pages at any time.

COMPLIANCE WITH LAWS

You may not use the Website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government. You may not post any information which would violate any copyright or other law, contractual or other rights.

LICENSE

The content on the Site is owned by Fulbrix and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. We hereby grant you a non-exclusive, revocable, non-transferable and limited license, under the rights Fulbrix has in the Website’s content, to view and use the Website solely for your personal, informational, noncommercial purposes. Under this grant of license, permission is granted to temporarily download one copy of the materials (information or software) provided from the Services, but you are not permitted to:

Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on the Website;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fulbrix at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as provided in this section 4, you are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. We retain all right, title, and interest in and to the Website, including all copyright, patent, trademarks and trade secrets, designs, documents, graphics, images, information, logos, products, services software and sounds contained in the Website.

USE OF COMMUNICATION SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, or harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Fulbrix has no obligation to monitor the Communication Services. However, Fulbrix reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Fulbrix reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Fulbrix reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Fulbrix does not control or endorse the content, messages or information found in any Communication Services and, therefore, Fulbrix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKS TO THIRD PARTY SITES

The Website may provide references and links to information contained in websites owned or operated by third-parties that are not related to Fulbrix. These references and links in the Website are provided only for the convenience of the User and do not imply approval, endorsement or sponsorship of such information or websites by Fulbrix. We have no control over and are not responsible for the information found in the websites of third-parties and make no guarantees, representations or warranties as to the accuracy, adequacy, completeness or currency of such information.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or in any manner that could damage, disable, overburden, or impair any Fulbrix server, or the network(s) connected to any Fulbrix server, or interfere with any other party’s use and enjoyment of any Services. You agree not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Fulbrix server or to any of the Services, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

DISCLAIMER OF WARRANTIES

THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FULBRIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE WEBSITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FULBRIX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. FULBRIX MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE TO USE THE WEBSITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.

LIMITATION OF LIABILITY

FULBRIX IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE. FULBRIX IS NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF FULBRIX HAS BEEN EITHER ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FULBRIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS TOU. FULBRIX RESERVES THE RIGHT TO PARTICIPATE IN AND CONTROL ITS DEFENSE AND RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR THE COSTS, EXPENSES AND FEES OF ITS DEFENSE FROM YOU.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement disclosures relating to the collection and use of your information below.

LINKS TO THIRD PARTY SITES

The Website may provide references and links to information contained in websites owned or operated by third-parties that are not related to FULBRIX. These references and links in the Website are provided only for the convenience of the User and do not imply approval, endorsement or sponsorship of such information or websites by FULBRIX. We have no control over and are not responsible for the information found in the websites of third-parties and make no guarantees, representations or warranties as to the accuracy, adequacy, completeness or currency of such information.

NO UNLAWFUL OR PROHIBITED USE

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNIFICATION

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy disclosures relating to the collection and use of your information below.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Fulbrix’s designated agent for notice of alleged copyright infringement in connection with the Website is: Attention: Business Manager 160 North Elizabeth Holdings, LLC 145 South Wells Street, Ste 700, Chicago, IL 60606 Telephone: 312.423.7989 Email: info@fulbrix.com To file a notice of infringement with Fulbrix, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at www.copyright.gov.

CONTACT INFORMATION

You may contact Fulbrix as follows:

Email: info@fulbrix.com
Telephone: 312.423.7989

U.S. Mail:

160 North Elizabeth Holdings, LLC
145 South Wells Street, Ste 700
Chicago IL 60606

Attention: Business Manager

LAW AND JURISDICTION

This TOU shall be governed by and interpreted in accordance with the laws of the State of Illinois, without respect to its conflict of laws provisions, and venue with respect to any dispute arising out of or relating to the use of the Website will rest exclusively in the state or federal courts located in Chicago, Illinois. All such actions shall be submitted to mandatory nonbinding arbitration administered by either a mutually agreeable neutral arbitrator or the American Arbitration Association in accordance with its rules. In connection with all actions, the parties agree that prevailing party shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including without limitation attorneys’ fees and expert witness’ fees), through arbitration, trial and appeal. Any cause of action involving the Website must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is forever barred. Any claim by you that may arise in connection with this TOU will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

MISCELLANEOUS

This TOU constitutes the entire agreement between you and Fulbrix relating to the Website and may be modified only by Fulbrix. There is no agency, partnership, joint venture, employee-employer, or attorney-client relationship between any user and Fulbrix arising solely through the use of the Website. The TOU is binding upon your successors, assigns, heirs, and executors. If any provision of the TOU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOU. The failure of Fulbrix to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or condition. The headings used at the beginning of each paragraph or section are provided only for the convenience of the parties and are not intended to modify or supplement the terms and conditions therein. Fulbrix reserves the right to outsource some or all of the operation of the Website and such third-party may be a beneficiary of and bound by this TOU.