1. WHAT INFORMATION DO WE COLLECT?
(a) Information you provide to us.
Edens Vault only collects personal information about you that is necessary for the purposes of establishing, managing and maintaining our relationship with you, and in accordance with the purposes described in Section 3. We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of the Site, or your submissions to us via the Site or at one of our Locations (together, “Collected Information”), including, but not limited to, your name, e-mail address, mailing address, telephone number, and credit card information (including credit card number, expiration date, security code, billing name and billing address). In addition, we and our Contractors may collect the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made.
(b) Information collected via technology.
In addition, the Collected Information may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you access on the Site or prior to or after visiting the Site, and the length of time you spend at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site.
The technologies we use for automatic data collection may include:
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you may visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Similarly, by disabling Flash cookies, you will not have access to some of the features that enhance your user experience on our Site.
Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Edens Vault, for example, to count users who have visited those pages or opened an e-mail and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).
Do Not Track. Our systems do not recognize browser “Do Not Track” signals. “Do Not Track” is a proposed universal mechanism that enables consumers to opt-out of tracking by websites they do not visit. Once the Internet industry has settled on standards related to this issue and Edens Vault recognizes such standards, we may reevaluate this approach.
2. INTEREST-BASED ADVERTISING
Advertising agencies, advertising networks, and other companies may place advertisements on the Site, and on the Internet generally, and may use their own cookies, web beacons, and other technology to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
If you have any questions or to opt-out of interest-based advertising from third-party companies, you may contact us (as provided in Section 12) or visit http://www.networkadvertising.org/choices/.
3. HOW DO WE USE YOUR INFORMATION?
We may use Collected Information to establish and maintain our business relationship with you, to identify you as a user of the Site or as a client of our Locations, and to facilitate our provision of services, including allowing members to register and pay for classes, programs and/or events at our Locations, to reserve facilities (such as tennis courts) at our Locations, to enable non-members to sign-up and register as a member at one of our Locations, or to administer sweepstakes and contests. We may use Collected Information to communicate special offers, promotions and information about our company to you via email or the telephone. If you do not wish to receive these communications you will have the option to opt out of future mailings (see Section 4 below). If you contact us for support or assistance, we may use Collected Information to provide service and support to you, namely to respond to your comments, questions or suggestions. We may also use your information to compile usage statistics and other data regarding the use of the Site services, and to improve our service offerings, including the use of this Site.
We may also use Collected Information to prevent errors and fraud.
We may use Collected Information to provide measurement, analytics and business services in order to provide insights and measurement reports to businesses, advertisers and other Partners to help them measure the effectiveness and distribution of their or their clients’ ads, content, and services. We may also provide aggregated user analytics and insights reports that help businesses, advertisers and other Partners better understand the audiences with whom they may want to connect, as well as the types of people who use our services and how people interact with their websites, apps and services.
Finally, we may use Collected Information for any other purpose with your consent or as required or authorized by law.
4. HOW DO WE USE YOUR EMAIL INFORMATION?
In addition to the more general purposes identified in Section 3, we collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about membership or sign up, we will send you emails about exclusive offers, news at Edens Vault and new offerings and events. If you have previously opted out of receiving emails from us, providing updated information will act as an ‘opt back-in’.
If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list within a 10 business day delay, you might receive another contact before we are able to remove you.
Please note that you will continue to receive services-related communications as it pertains to your member account. Edens Vault may use any of your contact information held on file (including Email, Mailing, Phone & Fax) to communicate with you in relation to day to day administrative activities, such as billing, purchases and important service alerts.
Edens Vault does not sell or rent your name, e-mail address, or any other personally identifiable information to third-parties.
5. WE ONLY SHARE USER INFORMATION IN THE WAYS DESCRIBED BELOW
Access to the Collected Information within Edens Vault does not require your consent, but is strictly limited to the persons for whom such information is necessary for the performance of their functions and duties.
Subject to the same restrictions, we may also share the necessary Collected Information with our subsidiaries, affiliates, and our business and marketing partners in furthering our mission as an organization and delivering the content, materials, and services available on or through the Site to you. However, this information is provided in the form of aggregated statistical data that includes users’ demographic information, but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
If all or part of Edens Vault is sold, merged, or otherwise transferred to another entity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, we may transfer Collected Information to such entity as part of that transaction.
Finally, we may disclose Collected Information to other third parties at our discretion or as required or authorized by law.
6. WHAT CHOICES DO YOU HAVE?
When corresponding with Edens Vault or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection and information security practices.
You also have the right to consult and obtain communication of your Collected Information which is contained in a file by Edens Vault. You can also request that information which is inaccurate, incomplete or equivocal be rectified, and that information not justified by the purposes of the file be deleted. Edens Vault will respond to every request for access and rectification within 30 days of receiving the written request. In the event that it cannot provide access to or rectify the information, it will inform you of the reasons why and provide you with any recourse available.
To gain more information on your privacy rights generally, the Federal Trade Commission, in the United States, and the Office of the Privacy Commissioner, in Canada, provide useful information about privacy on their own web sites at http://www.consumer.ftc.gov/topics/privacy-identity and https://www.priv.gc.ca/index_e.asp.
7. HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?
10. LOCATION OF THIS SITE
This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.
Those who access or use the Site from jurisdictions outside the United States or Canada do so at their own choice and risk and are solely responsible for compliance with local law. If you are not a resident of the United States or Canada, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States, Canada or elsewhere. Please note that the level of legal protection provided in the United States, Canada or other non-European countries may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction and that local laws may otherwise allow your information to be accessed by third parties without your consent.
12. HOW CAN YOU CONTACT Edens Vault?
200 E. Randolph
Chicago, IL 60601
TERMS AND CONDITIONS
Edens Vault has private members’ vaults (our ‘Vaults’) offering an array of entertainment experiences for premium tobacco and cannabis enthusiasts throughout the world. Membership to Edens Vault is for leaders, creators, innovators, and influencers and requires its members and their guests to accept the standards of conduct and rules in our Vaults.
Edens Vault’s Membership Terms and Conditions
1. Edens Vault Members (‘Members’)
Each Member contracts with the Edens Vault company that looks after his or her local region (being the region closest to their designated address). Edens Vault reserves the right at its absolute discretion to change the Edens Vault company with whom a Member contracts from time to time.
Edens Vault will inform each Member of the name of the Edens Vault company with whom he or she contracts by email when we confirm your membership approval and/ or renewal, and also when we change your contracting Edens Vault company at any time. In these rules, we will refer to that company as ‘Edens Vault’.
Edens Vault reserves the right to charge members an annual subscription fee and for admission to our Vaults from time to time. The right to change or waive any such fees or subscriptions from time to time shall be at Edens Vault’s sole discretion.
All benefits and perks associated with Edens Vault memberships are subject to change at the discretion of Edens Vault management. Edens Vault will provide advanced notice to all members outlining any changes to membership perks or benefits.
2. Your Edens Vault membership application
By completing and submitting your application for a membership via edensvault.com, you agree to these terms.
Edens Vault will review applications and admit new members when space is available. Edens Vault has discretion as to who our members are in accordance with the Illinois Human Rights Act, Illinois Discriminatory Club Act, Title II/III of the Civil Rights Act of 1964, and all other applicable laws.
You are free to withdraw your application to Edens Vault at any time. Should you wish to do so, please contact our team at firstname.lastname@example.org. If your membership application is accepted, we will confirm by sending you a ‘Welcome to Edens Vault’ email. Your annual membership will start on the date we receive payment from you.
3. Proposing new Edens Vault members
Existing Edens Vault members are welcome to propose new applicants to Edens Vault. Visit www.edensvault.com to learn more.
4. Edens Vault membership renewal
Membership of Edens Vault is for a period of one year and renewable thereafter on an annual basis, or a period of one quarter and renewable thereafter on a quarterly basis.
Edens Vault membership renewals are not guaranteed and are reviewed by Edens Vault on a rolling basis. The decision of Edens Vault is final and without appeal. Edens Vault membership will renew on an automatic basis either annually or quarterly.
5. Edens Vault membership database
For safety and security, it is important for us to have your current details and a photograph in our membership database. By becoming a member of Edens Vault, you agree that we can hold your personal details and a photograph of you for us to use in connection with your membership. If your contact or payment details change, please let us know via your account page on the Edens Vault app, or by emailing email@example.com.
6. Edens Vault membership payment
Upon approval or renewal of your membership, your membership fees become payable immediately. By providing us with your payment details, you consent to being charged with membership fees in the form requested by Edens Vault upon being approved or renewed. Edens Vault can amend your membership fees at any time, and we will tell you in advance if there are to be any changes to the amount, date or frequency of the payment of your membership fees.
Failure to pay the annual subscription (or any installment thereof) within one month of the due date will result in the member not being admitted to our Vaults and the membership being terminated.
7. Resignation of your Edens Vault membership and renewals
If you have selected quarterly or annual payment and choose to resign your Edens Vault membership (or your membership is canceled part way through the year), you will still need to pay your full Edens Vault Membership fee for the remainder of the year. Refunds will be at the discretion of Edens Vault.
All Edens Vault Memberships will automatically renew unless either (i) you chose to resign or (ii) your Edens Vault Membership is terminated by Edens Vault (at its sole discretion).
Edens Vault will contact you at least two weeks prior to your auto-renewal.
8. Edens Vault Membership cards
Your digital membership card is in the profile section of the Edens Vault webpage. Members are able to download it as a card in their Apple Wallet on an iPhone and in the account section on an Android phone. Screen grabbing and sharing of membership cards is not allowed, and will result in membership being terminated.
9. Your personal information
All our Vaults are designed for adults age 21 or older.
11. Privacy for other Edens Vaultmembers/ guests
Edens Vault members and their guests must not approach, disturb or solicit others in all members’ spaces who they do not know. Doing so may lead to suspension or termination of your Edens Vault membership.
12. Mobile phones
To protect the relaxed atmosphere within our Vaults, members may not take or make phone calls (except in designated areas) and phones should be on silent mode. Texting is allowed. Please ensure that your guests adhere to our phone policy while visiting our Vaults.
13. Cameras/ recording devices
No cameras, video or other recording devices, whether live-streaming or otherwise, and whether on a mobile phone or other medium, may be used while in our Vaults.. Members are responsible for ensuring that their guests also abide by this rule. Edens Vault reserves the right to take possession of and confiscate any mobile phone, camera, video or other recording device and any photos, videos or other recorded images used or taken while in our members’ spaces.
14. Audio/ video sound
Movies, videos, songs, internet calls, presentations and all other audio must only be played through headphones and should not be audible to any other member or guest present.
15. Press/ social media
All our Vaults operate a strict no-press policy. Members will be held accountable if they or their guests disclose or identify any other members or guests who are in our Vaults, whether in any press or social media, including, but not limited to, Facebook, Twitter, Instagram, TikTok and on personal blogs. Similarly, members and their guests must refrain from identifying or describing any private hire or member event occurring in our Vaults.
Edens Vault management and all staff members adhere to the strictest confidentiality standards, and pledge to maintain all records and personal information concerning the members and their guests in the strictest confidence.
17. Illegal drugs/ substances/ items
No member or guest shall purchase, use, ingest, possess, sell or otherwise distribute illegal drugs or other substances, or attempt to do any of the same from any member or guest, or shall ask any Edens Vault staff for illegal drugs or other substances while in our Vaults or nearby. If any of the actions above prove true, the relevant member and/ or guest will be removed and the membership in question will be terminated. Depending on the circumstances, we may call the police or inform the relevant authorities.
The sale or exchange of cannabis in violation of the Illinois Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act is expressly prohibited while on-premises of Edens Vault.
All bills must be settled in full before leaving the Vault, either by using a credit card or through other acceptable payment methods. Members are responsible for their guests’ bills if they are not paid and may face suspension if such unpaid bills are not settled promptly.
19. Food and beverages
Please refrain from bringing any outside food or beverages to any Vault, unless medically necessary.
20. Private hire and house maintenance
We may at times close all or part of our Vaults to members and their guests for private events or for necessary maintenance, repair or redecoration work.
Where we close part of the Vault for private events, please honor and respect the privacy of all private events occurring in the Vault and refrain from communicating any information about the event to third parties.
Where all or part of a Vault is closed for maintenance, repair or redecoration work, or where we need to withdraw facilities or services because we consider that they may pose a risk to the health or safety of our members, guests or staff, or that they are detrimental to the business, we will ensure that any such area, facility or service is reinstated as soon as practicable.
21. Capturing events in our Vaults
We love to hear what our members and guests do at Edens Vault. While you are a member or a guest at our Vaults, we may ask you to give your views of, and experiences at, Edens Vault. And we may also film, video or photograph our member events and activities at our Vaults for use in our membership programs, advertising, promotions, public relations, and other commercial/ business purposes. If you take part in these interviews or events, you agree that we may use your name, image and other limited information and give us your consent to publish any materials produced by, or for us, for any purpose without your further consent, and you waive your right to receive any payment from us in connection with such publication.
22. Accidents and injuries
Members and their guests agree to observe the Edens Vault Rules and any signs published or displayed at our Vaults. Members and guests also agree to only visit designated areas and take precautions when traveling around the grounds or using our facilities.
If a member or guest has an accident or suffers any injury at, or nearby, the Vault, please report this as soon as possible to a member of staff, and in any event within 24 hours of the incident. As well as wanting to check on a member or guest’s wellbeing, this information is needed in order to help us comply with our health and safety obligations and for insurance purposes.
23. Entering/ leaving our Vaults
All members and their guests are asked to respect our nearby residents by being quiet when entering or leaving our Vaults, or while in the surrounding area.
No animals will be allowed in our Vaults unless medically necessary.
Members and their guests should be aware that for safety reasons we use CCTV across all of our Vaults.
26. Smoking policy
Edens Vault reserves the right to designate certain areas of our premises as smoking areas and to change the location of such areas at any time.
27. Edens Vault pledge
Edens Vault is a space for its diverse membership and teams to connect, grow, have fun and make an impact. Each Vault is a safe, friendly home away from home for everyone. We operate a zero-tolerance approach to any social bias and discrimination, and expect the same from our members.
28. Disciplinary procedure
Conduct by a member or guest that is prejudicial to the reputation and character of Edens Vault may result in suspension or expulsion of that member or guest. Such conduct may include inappropriate, discriminatory, violent, or abusive behavior, and anything that goes against our pledge for diversity and inclusion, or the communication of information concerning the Valt’s affairs, members, or their guests in the media. An expelled member may not return to any Vaults as a guest. A refund of the expelled member’s subscription will be at the discretion of Edens Vault. Any member or members who wilfully remove, damage or destroy any property belonging to the Edens Vault, or to members or guests on the premises of the Edens Vault, will be liable to expulsion and/ or suspension or termination of their membership.
Every member binds him/ her/ themselves to abide by the rules, bylaws and regulations of Edens Vault at all times upon acceptance as a member. If Edens Vault considers that any member’s (or their guest’s) conduct either inside or outside of the Vaults’ premises, at its absolute discretion, contrary to the interests of Edens Vault, Edens Vault may, with immediate effect, expel the member or guest from the premises and/ or suspend or terminate that member’s membership without having to give any reason to such member or guest.
Our Vaults are constituted to encourage non-political, social and recreational activities.
30. Rights and privileges of membership
A Edens Vault member shall be entitled to all the rights and privileges of the Vault granted to a person in his or her capacity as a member, and shall be bound by these rules, but shall have no proprietary rights in any of the premises or in respect of property of the Edens Vault (where applicable).
31. Edens Vault trademark rights
Members and their guests shall not use the names, logos, colors, trademarks, service marks, photographs, trade dress, or other identifying features of Edens Vault and its affiliates without obtaining the specific prior written approval of Edens Vault as to the specific use.
You hereby expressly recognize that the Edens Vault trademarks are the valid, unique and exclusive property of Edens Vault, its parent, affiliates and/ or subsidiaries. Members and their guests may not produce, use or create, or authorize others to produce, use or create the Edens Vault trademarks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations, e-mail messages, etc) that utilize the Edens Vault Marks without Edens Vault’s prior written consent.
32. Use of equipment and facilities
When using any equipment and facilities available at Edens Vault, you must take care to safeguard your own health and safety and that of other people. You will be solely responsible for any loss or injury that you cause to yourself, other persons or to the equipment or facilities to the extent that it is caused through your unsafe or improper use of the equipment or facilities (including your use of them while under the influence of alcohol or medication), or your failure to advise staff of a medical condition relevant to your use of the equipment or facilities.
Members may not send personal post or packages to any Vaults.
34. Liability of Edens Vault
All items brought into a Vault are brought and left entirely at the risk of a member or his/ her/ their guests. Edens Vault, its representatives, and/ or agents shall not be liable to any member or guest for any loss, damage or injury suffered by them or their property howsoever caused, save in respect of death or personal injury to a member or guest to the extent caused by the negligence of Edens Vault, its representatives and/ or agents. This is not intended to affect any mandatory rights a member or guest may have under local law that we cannot legally restrict or exclude.
35. Interpretation of the rules
In the event of any dispute arising as to the meaning or interpretation of these rules, the matter shall be referred to Edens Vault, whose decision with respect to your membership shall be final and without appeal.
These rules shall be governed and construed in accordance with United States law and each member agrees to submit to the exclusive jurisdiction of the courts of the United States.
36. Amendments to the Edens Vault membership terms
Edens Vault may change these Edens Vault rules from time to time by displaying notification of the change on www.edensvault.com and any other platforms used to communicate with its members.. Please be aware that the latest version of the Edens Vault membership terms is displayed on www.edensvault.com
Any dispute or difference arising out of or in connection with these terms and conditions, disagreement with management decisions, or any other dispute between a member(s) and EVLounges, LLC shall be determined by the appointment of a single arbitrator selected by EVLounges, LLC.
38. Contacting us
Should you have any questions regarding your Edens Vault membership and/ or our Edens Vault membership terms, please contact us at firstname.lastname@example.org
Edens Vault Terms and Conditions for memberships purchased through crowdfunding
1. Edens Vault Crowdfunding Members (‘Members’)
All crowdfunding memberships are subject to the terms and conditions outlined in Section I of this document. In addition, Section II provides additional Terms and Conditions for memberships purchased through Edens Vault’s crowdfunding campaign.
All perks and benefits associated with a crowdfunding member expire upon the expiration of that membership.
All prices, benefits, and perks associated with Edens Vault memberships are subject to change at the discretion of Edens Vault management. Edens Vault will provide advanced notice to all members outlining any changes to membership prices, perks, or benefits.
2. Edens Vault Crowdfunding Membership application
By completing and submitting your application for a limited-time membership via Edens Vault Crowdfunding Campaign on (www.indiegogo.com), you agree to these terms. In addition, you adhere to the terms established by Indiegogo acting as the crowdfunding broker on behalf of Edens Vault.
Edens Vault will review applications and admit new members when space is available. Edens Vault has discretion as to who our members are.
You are free to withdraw your application to Edens Vault at any time. Should you wish to do so, please contact our team at email@example.com. If your membership application is accepted, we will confirm by sending you a ‘Welcome to Edens Vault’ email. Your annual or quarterly membership will start on the date we receive payment from you.
4. Membership renewals purchased through crowdfunding
Tiers 1, 2, and 3 Membership Levels:
Membership of Edens Vault is for a period of one year and renewable thereafter on an annual basis, or a period of one quarter and renewable thereafter on a quarterly basis. Members will auto-renew as a non-crowdfunding member at the equal level to their crowdfunding membership. Members will have the ability to change membership levels or disable auto-renewal prior to the expiration of their existing membership.
Edens Vault memberships are reviewed by Edens Vault on a rolling basis. The decision of Edens Vault is discretionary, final, and without appeal. These memberships are non-transferrable. Edens Vault membership renewals are not guaranteed. The decision of Edens Vault is final and without appeal.
Membership of Edens Vault is for a period of two years and renewable thereafter on an annual basis, or a period of one quarter and renewable thereafter on a quarterly basis. Members will auto-renew as a non-crowdfunding member at the highest non-crowdfunding membership level. Members will have the ability to change membership levels or disable auto-renewal prior to the expiration of their existing membership.
Edens Vault memberships are reviewed by Edens Vault on a rolling basis. The decision of Edens Vault is discretionary, final, and without appeal. These memberships are non-transferrable.
Website Terms and Conditions:
EVLounges, LLC, an Illinois limited liability company, and its affiliates, and any subsidiaries operating under the Edens Vault brand (“Edens Vault”, “we”, “us” and “our” being interpreted accordingly). Edens Vault requires that all visitors to our web site www.edensvault.com (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations.
If you do not agree to these Terms, you are not authorized to use the Site AND WE ASK THAT YOU LEAVE THE SITE IMMEDIATELY.
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site, to these Terms, or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). We will attempt to notify you of such changes, including by sending you an email notifying of such changes, though all such changes shall be effective upon our posting them to the Site and your continued use of the Site indicates your acceptance of any such changes.
2. LICENSE TO ACCESS AND USE
(a) The Content of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the Content, provided you (i) only use these copies of the Content for your own personal, non-commercial use, (ii) do not copy or post the Content on any network computer or broadcast the Content in any media, and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.
(b) We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
(c) You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. Edens Vault reserves complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Edens Vault.
(d) You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
3. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
All of the Content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Edens Vault, one of its affiliates or by third parties who have licensed their materials to Edens Vault. All of the Content of the Site is copyrighted as a collective work under U.S. copyright laws, and Edens Vault owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any personal information or any original creative materials such as stories, product ideas, computer code or original artwork.
By sending us any Comments, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in such Comments. You are fully responsible for any Comments you make and for the legality, reliability, appropriateness, and originality thereof.
6. USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following:
(a) use the Site or Content for any unlawful purpose;
(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
(e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or
(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
Images of the Edens Vault logos can only be used upon receipt of express written permission from us.
8. USE OF TRADEMARKS
Except for the limited permission to use the Edens Vault logo as set forth in these Terms, you may not, without our express written permission, use any of Edens Vault trademarks or service marks for any other purpose.
THIS SITE AND ALL CONTENTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Edens Vault, AND ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Edens Vault AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
While we will make every effort to keep content on this Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on contact information and any other information regarding Edens Vault, its operations, programs, and offers, please contact a Edens Vault facility as provided on this Site.
10. LIMITATION OF LIABILITY
(a) IN NO EVENT WILL Edens Vault, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
(b) UNDER NO CIRCUMSTANCES WILL Edens Vault OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF Edens Vault AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW.
(c) THE TERMS OF THIS SECTION 10(c) SHALL APPLY ONLY TO USERS OF THE SITE WITHIN THE UNITED STATES. WITHOUT LIMITING ANY OF THE FOREGOING, IF Edens Vault OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
You agree to defend, indemnify and hold harmless Edens Vault, its affiliates, and its and their owners, officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) any content, data, or information that you submit or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site; (c) your violation of these Terms; and (d) your violation of any rights of any third party. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
The terms of this Section 12 shall apply only to users of the Site within the United States. These Terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving the Site must be brought exclusively in a court in Cook County, Illinois.
13. WAIVER OF JURY TRIAL
The terms of this Section 13 shall apply only to users of the Site within the United States. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
(b) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
(c) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
(d) These Terms do not confer any rights, remedies, or benefits upon any person other than you.
(e) We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
(f) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(g) If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
(h) Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
(i) Your discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
15. OTHER AGREEMENTS
If you have entered into a separate written agreement with Edens Vault or its affiliates with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at:
200 E. Randolph
Chicago, IL 60601