Terms & Conditions
All Customers agree to the following terms and conditions of service:
Guests and members will be asked to take personal responsibility to follow the guidance of the CDC and any applicable government orders in regard to masking.
Customer accounts in this plan will be suspended or terminated if unpaid invoices are over-due by 10 days.
No refunds are provided for Membership and Dedicated Desk Plans. Plans are billed and immediately due upfront upon booking.
Cancellations of meeting room bookings or hotdesks are allowed at set time periods (ranging between 24 hours – 60 minutes before the scheduled booking time) depending on the booking chosen. Any cancellation not made in time will result in the full amount being charged without refund.
Membership levels, types, amenities, services, programs and their associated dues, pricing, fees and/or charges may vary by location and are subject to change. Access to clubs, and certain services, programs, amenities, or areas within a club may be restricted, conditioned, or otherwise limited by specific terms and conditions and/or subject to a separate or supplemental fee for access or use (e.g., your access may require a separate fee and be limited to your designated club). Actual spaces may appear different from Floor Plan Layout.
Table of Contents
How this Agreement Works
Terms and Conditions. By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.
Additional Terms. To the extent Blue Mango Coworking LLC provides you notice of different or additional terms or practices, those additional terms will govern your use of the Services. For example, members of the Services agree to be bound by the terms and conditions of any Club program.
Eligibility. You may only use the Services if you are at least eighteen (18) years of age.
Updates. Blue Mango Coworking LLC may modify this Agreement at any time. Such modification will become effective immediately upon either posting of the modified agreement or Blue Mango Coworking LLC’s notification of users. You may locate the most current version of this Agreement here.
Modification and Termination. Blue Mango Coworking LLC operates the Services in its sole and complete discretion. Blue Mango Coworking LLC may modify the Services at any time for any reason, including changes to features, content, functionality, or software. Blue Mango Coworking LLC may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond Blue Mango Coworking LLC’s control. Blue Mango Coworking LLC may also terminate the Services in entirety. Blue Mango Coworking LLC is not liable for any such modification, suspension, or termination of the Services.
Use of Service
Copyright and Trademarks. All content hosted on the Services is copyrighted under the law as collective work and/or compilation. Blue Mango Coworking LLC holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without Blue Mango Coworking LLC’s express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning Blue Mango Coworking LLC services or membership from the Services solely for your personal non-commercial use, including information concerning membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts.
Electronic Communications. When you use the Services, you communicate electronically with Blue Mango Coworking LLC. You expressly consent to receipt of electronic communications from Blue Mango Coworking LLC through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Blue Mango Coworking LLC provides according to this paragraph satisfy any legal requirement for written communication.
Equipment. You are solely responsible for purchasing, maintaining, and ensuring all equipment, programs, and services necessary for, and compatible with, your access to and use of the Services, including hardware and software; electrical, telecommunications and internet access connections and links; and web browsers.
Your Content. You retain all rights, responsibility, and ownership of your content. You may only post User Content that you created or have permission to use. Blue Mango Coworking LLC is not responsible for any User Content posted on the Services, nor does it control the content made available by users. Blue Mango Coworking LLC makes no representations or warranties concerning efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. While Blue Mango Coworking LLC does not pre-approve or pre-screen User Content, Blue Mango Coworking LLC may disable, remove, or delete any User Content. Blue Mango Coworking LLC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such User Content.
License to User Content. By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting”) any messages, text, files, images, video, photos, sounds, or other materials on or through the Services (“User Content”), you grant Blue Mango Coworking LLC an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content on the Services. Blue Mango Coworking LLC does not need any further approval for its uses of your User Content.
Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Blue Mango Coworking LLC’s designated agent (“Copyright Agent”) receives notices of claimed copyright infringement. If you, or an agent authorized to act on your behalf, believe in good faith that your work is on the Services in a way that constitutes copyright infringement, please provide written notice to us by mail to Blue Mango Coworking LLC, 3115 N. Wilke Avenue, Unit R, #100, Arlington Heights, IL, 60004 Attn: Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on the copyright owner’s behalf;
A description of the copyrighted work claimed to have been infringed;
A description of where the copyrighted work is located on the Services, including if possible a URL;
Your address, telephone number, and email address;
A statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In accordance with the DMCA, Blue Mango Coworking LLC may delete, remove, or disable any infringing work, and may forward to the alleged infringer your written notice and a notice that the work has been deleted, removed, or disabled. Blue Mango Coworking LLC reserves the right to terminate members who post infringing work.
Passwords and Security. Registering for the Services may require you to create a username and a password. You agree to maintain the security, confidentiality, and integrity of your username, password, and any other security measures employed on the Services. You are responsible for all access to and use of the Services, including all financial transactions, under your username and password, including access or use by any partner, secondary, or additional member, if applicable, whether or not authorized by you. You agree to immediately notify Blue Mango Coworking LLC of any breach of security, including unauthorized use of your username or password, and to immediately take all reasonable steps to prevent its further occurrence, including changing your password. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your Blue Mango Coworking LLC password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the Blue Mango Coworking LLC account of any other user. BLUE MANGO COWORKING LLC CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Accuracy of Personal Information. You represent and warrant that all information provided to Blue Mango Coworking LLC through the Services is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or anyone on your membership. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Blue Mango Coworking LLC through the Services for payment of membership dues, or other transactions. Blue Mango Coworking LLC reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if Blue Mango Coworking LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current.
Termination of Use. Blue Mango Coworking LLC may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.
Inappropriate Use. You will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content that, in Blue Mango Coworking LLC ’s judgment:
– Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
– Violates any contract or agreement you have with Blue Mango Coworking LLC , including your Member Usage Agreement and General Terms Agreement (these agreements only apply to Blue Mango Coworking LLC Members);
– Includes personal or identifying information about another person without that person’s affirmative consent;
– Is false, fraudulent, misleading, or deceptive;
– Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
– May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
If you believe any User Content does not apply with these guidelines, please contact us.
In order to protect the premises and its facilities from any potential damage, it is hereby agreed that all rental customers shall be held responsible for any damage caused during their use of the space, including any damage or liability caused by their affiliates, authorized representatives, visitors, and any individuals or third parties that the customer grants access to the premises who do not have their own rental contract with Blue Mango Coworking. This includes, but is not limited to, damage to furniture, equipment, walls, flooring, or any other property owned or leased by Blue Mango Coworking Space. The rental customer agrees to assume full liability for any repairs or replacement costs associated with the damages. Furthermore, the rental customer shall indemnify and hold harmless Blue Mango Coworking Space from any claims, costs, or liabilities arising from such damage, including but not limited to legal fees or third-party claims. By utilizing the space, the rental customer acknowledges their responsibility for the proper care and use of the facilities, and any failure to do so may result in financial obligations and potential legal actions. For greater clarity, the rental customer shall be held solely responsible for any damages caused to the premises by themselves and by any individuals associated with their company or individuals or visitors that they grant access to the premises for any period of time. Failure to comply with this clause may result in legal action being taken against the responsible parties. Furthermore, the rental customer shall bear the responsibility of covering any attorneys’ fees, legal expenses, or collection fees incurred by Blue Mango in the pursuit of recovering damages. It is strongly advised that all rental customers exercise due care and adhere to the guidelines and policies set forth by Blue Mango and to the activities of any of the customer’s visitors on premises to prevent any potential damage.
Your Warranty and Indemnification Obligations
ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST BLUE MANGO COWORKING LLC, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON YOUR MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF BLUE MANGO COWORKING LLC’S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BLUE MANGO COWORKING LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS BLUE MANGO COWORKING LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
DISCLAIMER OF WARRANTIES. YOU ARE ACCESSING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. BLUE MANGO COWORKING LLC IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. BLU EMANGO COWORKING LLC DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. BLUE MANGO COWORKING LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. BLUE MANGO COWORKING LLC IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY. IN NO EVENT WILL BLUE MANGO COWORKING LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, YOUR INABILITY TO USE OR MALFUNCTIONS OF THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES.
ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, Blue Mango Coworking LLC and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
Small Claims. Either party may bring individual Claims in small claims court.
Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. Blue Mango Coworking LLC ’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USE AGREEMENT.
Membership Plan Terms of Service
TERMS OF SERVICE
Membership Plans: Member shall pay a monthly fee as selected at the time of execution of this Agreement through the Member Portal to include:
• Access to lounge and shared co-working space, as set out in the chosen membership signup plan.
TERM: The term of this Agreement shall be month-to-month commencing on the day of your sign up (the “Commencement Date”). There is no prorated billing for early commencement or early termination. Services as provided in the Agreement are not transferrable or assignable to another party.
CANCELLING THIS AGREEMENT: This Agreement may be cancelled at any time by visiting the member portal. Any portion of a month shall constitute an entire month of obligation and there shall be no prorations thereof.
PAYMENT: Payments in U.S. funds are due in full immediately upon invoice or booking. Payments not received within 10 days of any invoice or billing may result in a five percent (5%) late fee. Payments 10 days over-due will result in an interruption of services including suspension or termination of Membership. Should services be interrupted, a reinstatement fee must be paid prior to service restoration. Accounts delinquent by ten (10) days may result in automatic cancellation without notice. The plan monthly fee is subject to change at the discretion of Blue Mango Coworking LLC. Any cancellation of service will result in the cancellation of any discounts, promotional pricings, or other perks that were associated with the Plan, and Member will be subject to the new pricing as currently available.
AUTOMATIC ELECTRONIC PAYMENT REQUIREMENT: Automatic payment via online client payment portal is required. Member is responsible for setting up and maintaining Autopay through the online client payment portal.
SETUP FEE: A one-time Setup Fee is required upon execution of this Agreement. Additional setup/installation charges may apply if Member elects to add optional plan additions.
ANNUAL PRICING CHANGES: Provided Member is not in default of this agreement and upon the anniversary of the Commencement Date set forth herein, the monthly fee for any Plan may increase by three (3%) percent every 12 months at the sole discretion of Blue Mango Coworking.
OTHER PRICING CHANGES: Blue Mango Coworking LLC may change any of its pricing at any time at its discretion for new Plans and may discontinue old Plans. Subject to the above annual increase, Members currently on a Plan will not be affected by such other pricing changes so long as they retain their original membership without interruption of their month-to-month billing.
RULES AND REGULATIONS: Members shall abide by the Rules and Regulations as set forth by Blue Mango Coworking LLC which are hereby made a part of this Agreement by reference. Violation of Rules and Regulations may result in immediate cancellation without refunds. Abusive, intolerant, or intimidating behavior shall be grounds for immediate cancellation of Membership without refunds. Smoking or drug usage is not allowed within the Premises at any time.
Members and visitors agree that no illegal activities or items, including but not limited to drugs, unauthorized alcohol, or weapons of any kinds, will be allowed in the building or on the grounds. Blue Mango Coworking reserves the right to call in law enforcement officials when illegal activity is suspected.
NOTICES: Formal notices may be sent via online client portal notification system or mail. Notices to Blue Mango Coworking shall be sent to Blue Mango Coworking LLC, 3115 N. Wilke Rd, Unit R, #100, Arlington Heights, IL 60004. Notices to Member shall be sent to the current address provided by Member’s within the Member’s Portal. It is Member’s responsibility to provide Blue Mango Coworking LLC with an updated address of record.
KEYS AND ACCESS CARDS: Upon the execution of this Agreement, Member may be provided with an electronic key fob or key providing Member with access to the Premises, depending on the type of Plan selected.
Member further agrees that, in the event either (i) Member’s Agreement is terminated for any reason, or (ii) Member shall be in default of any of its obligations, Blue Mango Coworking LLC may immediately de-activate Member’s access card. Member hereby acknowledges that the access card is and shall remain the property of Blue Mango Coworking LLC, and Member agrees to return the same to Blue Mango Coworking LLC upon the expiration (or sooner termination) of Member’s Agreement or any earlier date on which Blue Mango Coworking LLC is entitled to de-activate said access card.
Blue Mango Coworking LLC may require a refundable deposit for such key fob/key which deposit will be refunded to Member upon the return of the key fob/key to Blue Mango Coworking LLC, upon the expiration or earlier termination of this Agreement. Blue Mango Coworking LLC may also require a fee for a replacement keys or access cards if such key or access card is stolen, misplaced or damaged.
PROMOTIONS, DISCOUNTS AND INCENTIVES: If Member benefitted from a special promotion, discount or incentive, Member is required to continue their agreement for a minimum of six (6) months. If Member cancels this Agreement without fulfilling the minimum six (6) month term, the Member will be required to pay an amount equal to the total value of the special promotion, discount or incentive. This charge will be assessed on Member’s final invoice.
The purpose and use of security cameras in and around the premises is to provide for a safe and secure environment. You acknowledge and agree that security cameras are in use at all times and may be used to monitor and/or record all actions and behavior and done with recognition of the reasonable expectation of privacy. There are no security cameras in private areas such as restrooms. Videos may be reviewed and used by Blue Mango Coworking and/or the local police department to address rule violations, behavior concerns, or illegal activity.
- The minimum reservation is as set in the Plan outline while signing up. A 24-hour notice must be given to cancel office and/or meeting room reservations or charges will apply for hours scheduled. After-hours and weekend access is permitted at Blue Mango Coworking’s discretion, and may be declined without change to the monthly rate. Day office, desk and conference room availability scheduling is on a first-come, first-served basis, subject to availability.
• Additional business services are available on an as-needed basis and are billed in addition to the plan’s monthly fee. Business services or associated fees are subject to change with a thirty (30) day advance written notice to the client. Any services beyond the above plan will be billed according to the business services sheet.
• Member acknowledges that upon cancellation of any Mailbox service, the U. S. Postal Service will not accept a “Change of Address” request for any Blue Mango Coworking LLC Business Mailing Address client. Upon the successful conclusion of this Agreement, Blue Mango Coworking will forward mail for thirty (30) days at Member’s expense. Thereafter, mail will be returned to sender. Any violation of U. S. Postal Service laws or regulations may result in immediate termination of services by Blue Mango Coworking LLC.
• Member waives their rights to trial by jury of any action at law or equity brought by either Owner against Member, or Member against Owner or Owner agents or employees, arising out of, or in any way connected to, this Agreement, or Member use of the building. This waiver applies to any claim for bodily injury; loss of or damage to property, or the enforcement of any remedy under any law, statute or regulation. This jury waiver is also made by Member on behalf of any Member agents, guests or invitees.
• If Blue Mango Coworking LLC employs an attorney to collect any rents or other charges due hereunder by Member or to enforce any of Member’s covenants herein or to protect the interest of Blue Mango Coworking LLC hereunder, then, to the extent specifically permitted by statute, Member agrees to pay a reasonable attorney’s fee and all expenses and costs incurred thereby.
- Semi-annual or Yearly Leases: Month to month terms do not apply to custom leases of 6 months or more, and members are required to fulfil the entire term of lease agreement and provide 3 months before lease expiry of notice of intent to not renew the lease.
Last Modified March 25 2022
Please review the entire Policy and feel free to contact us using the contact information below if you have any questions. By using the Sites, you consent to the collection, use, and disclosure of your information in accordance with the Policy.
I. COLLECTION OF INFORMATION
In order to enhance your user experience and improve Blue Mango Coworking LLC, Blue Mango Coworking LLC collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you visit any of the Blue Mango Coworking LLC or use any Blue Mango Coworking LLC Services. Third parties may also collect your information in connection with your use of Blue Mango Coworking LLC Services.
We may collect the following kinds of information when you use the Sites:
Information you provide directly to us. For certain activities, such as when you register, subscribe to our alerts, download our datasets, or contact us directly, we may collect some or all of the following types of information:
Contact information, such as your full name, email address, mobile phone number, and address;
Username and password;
Any check-ins and check-outs and access in and out of the building using Access Cards;
Any other information you provide to us.
We may combine such information with information we may already have about you.
Information we collect automatically. We may collect certain information automatically when you use our Sites, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Sites, the date and time of your visit, information about the links you click, the pages you view, the general manner in which you navigate the Sites, and other standard server log information. We may also collect certain location information when you use our Sites, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.
We may also collect technical data to address and fix technical problems and improve our Sites, including the memory state of your device when a system or app crash occurs while using our Sites. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Sites, you are consenting to the collection of this technical data.
We may also receive information about you from other sources, including through third-party services and organizations. For example, if you access third-party services, such as Facebook, Google, or Twitter, through the Sites to login to the Sites or to share information about your experience on the Sites with others, we may collect information from these third-party services.
II. USE OF INFORMATION
We generally use the information we collect online to:
Provide and improve the Sites;
Contact you, including for fundraising purposes;
Fulfill your requests for products, services, and information;
Send you promotional materials from us or on behalf of our affiliates and trusted third-party partners;
Analyze the use of the Sites and user data to understand and improve the Sites;
Customize the content you see when you use the Sites;
Prevent potentially prohibited or illegal activities and otherwise in accordance with our Terms and Conditions; and
For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
III. SHARING OF INFORMATION
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
Authorized third-party vendors and service providers. We may share your information with third-party vendors and service-providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing, advertising, performance monitoring, hosting, and data processing.
Corporate affiliates. We may share your information with our corporate affiliates that are subject to this policy.
Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
Legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Blue Mango Coworking LLC, our affiliates, users, or the public.
With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.
If you access third-party services, such as Facebook, Google, or Twitter, through the Sites to login to the Sites or to share information about your experience on the Sites with others, these third-party services may be able to collect information about you, including information about your activity on the Sites, and they may notify your connections on the third-party services about your use of the Sites, in accordance with their own privacy policies.
If you choose to engage in public activities on the Sites, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas. Blue Mango Coworking LLC Coworking may share as it sees fit information that you voluntarily make public, including comments on Blue Mango Coworking LLC Websites. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of Blue Mango Coworking LLC.
NON-PERSONAL INFORMATION AND AGGREGATE DATA
Blue Mango Coworking LLC may share with third parties your personal information and related aggregated data. For example, Blue Mango Coworking LLC may share IP addresses or general demographic information of its users to provide anonymous aggregated data to business partners about the volume of use on Blue Mango Coworking LLC Services and the specific Blue Mango Coworking LLC in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.
We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
V. YOUR CHOICES
You may opt out of our email newsletters by clicking the “unsubscribe” at the bottom of each newsletter and following the subsequent instructions. You may also opt out of all communications, other than essential communications , including but not limited to communications such as those regarding payments and invoices, from Blue Mango Coworking LLC by contacting us using the contact information below.
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Sites may no longer be available to you.
California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes.
VI. THIRD-PARTY ADVERTISING, LINKS, AND CONTENT
Some third parties collect information about users of our Sites to provide interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Sites to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites. You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Sites may be degraded.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. To find out more above cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
VIII. INTERNATIONAL USERS
We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.
XI. CONTACT INFORMATION
If you have any questions about this Policy or our practices, please contact us at:
Blue Mango Coworking LLC
3115 N Wilke Rd, Unit R, #100, Arlington Heights Illinois 60004
Telephone: (+1) 847-787-1212
Email: info @bluemangocoworking .com
Please note that for any conflict regarding this version of the Mailbox Service Agreement below or the Mailbox Service Agreement on the portal, the portal agreement shall prevail.
This MAILBOX Service Agreement (“AGREEMENT”) is made and entered into by you (hereinafter referred to as “CUSTOMER,” “YOU,” “YOUR,” or “RENTER”) for the use of and services related to a digital/virtual mailbox.
The site provides Software as a Service (“SAAS”) provided by various providers, including SphereMail, USMailbox, Anytime Mailbox, etc. (“SAAS PROVIDERS”) that enables us to offer remote mail management and other digital mailbox services (collectively, the “MAILBOX,” or “SERVICE”) to their CUSTOMER(s).
SAAS PROVIDERS do not take part in the handling of any mail whatsoever; SAAS PROVIDERS has no control over the delivery and distribution of the mail or the assignment to mailboxes.
By using this SERVICE, YOU are entering into an agreement (this “AGREEMENT”) with Blue Mango Coworking LLC for use of the SERVICE based on the terms and conditions set forth herein (collectively, the “CONDITIONS”). The SERVICE will be accessed through YOUR online account (and the application “SAAS PROVIDERS”). Additional Blue Mango Coworking LLC policies shall apply to this AGREEMENT and are hereby incorporated by reference or posted in the physical location(s).
If YOU do not wish to be bound by the CONDITIONS and this AGREEMENT, YOU must stop using the SERVICE immediately.
ANY PERSON OR ENTITY THAT DESIRES TO BECOME A RENTER OF THE SERVICES MUST AFFIRMATIVELY INDICATE ITS ACCEPTANCE OF THIS AGREEMENT BEFORE CONTINUING WITH THE REGISTRATION PROCESS. BY INDICATING SUCH ACCEPTANCE AND PROCEEDING TO REGISTER FOR AND USE ANY SERVICES, RENTER IS AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. BLUE MANGO COWORKING IS NOT WILLING TO PERMIT USE OF THE SERVICES BY ANY PERSON WHO IS UNWILLING OR UNABLE TO AGREE TO ALL OF THESE TERMS; ANY PROSPECTIVE RENTER WHO CANNOT OR WILL NOT AGREE TO ALL OF THESE TERMS MUST EXIT OUT OF THE AGREEMENT REVIEW AND ACCEPTANCE PROCESS IMMEDIATELY, AND THEREAFTER MAY NOT CONTINUE WITH ANY USE OF BLUE MANGO COWORKING SERVICES COVERED BY THIS AGREEMENT.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF SOMEONE ELSE, WHETHER AN EMPLOYER, A CUSTOMER, A CLIENT OR ANY OTHER THIRD PARTY, YOU MUST BE PREPARED TO DEMONSTRATE TO BLUE MANGO COWORKING THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF AND ACCEPT THIS AGREEMENT FOR THAT THIRD PARTY AS THE RENTER; PROVIDED, THAT ATMB IS NOT UNDER ANY OBLIGATION TO REQUEST SUCH PROOF, AND BLUE MANGO COWORKING WILL BE ENTITLED TO ASSUME THAT IF YOU ACCEPT THIS AGREEMENT ON A RENTER’S BEHALF YOU HAVE BEEN AUTHORIZED TO DO SO, AND TO BIND THE RENTER TO THE TERMS OF THIS AGREEMENT.
This Agreement, which sets forth the terms of Renter’s access to and use of the Services, is effective as of the date that this Agreement is accepted by Renter or on Renter’s behalf (the ” Effective Date”). Renter agrees as follows:
YOU hereby authorize Blue Mango Coworking LLC to scan the outside of YOUR Mail; provided, however, that YOU acknowledge that Blue Mango Coworking LLC may decline to scan the outside or contents of Mail that in its sole discretion, deems to be obscene, an incitement to hate, violence, terrorism, treason against the United States, or contrary to any law.
YOU hereby authorize Blue Mango Coworking LLC to discard or recycle your Standard Mail, as that term is defined by the U.S. Postal Service (“USPS”), which is commonly referred to as “junk mail,” such as flyers, circulars, advertising, and catalogs. Standard Mail will not be scanned or inserted into your Digital Mailbox. Standard Mail includes any items postmarked “Standard,” “Std,” “Std Pre-sort,” “non-profit,” or other markings used by the USPS to identify Standard Mail.
YOU may direct Blue Mango Coworking LLC by calling or using SAAS PROVIDERS to perform the following fee-based actions to YOUR Mail including but not limited to:
(a) Forward Mail to address YOU specify
(b) Forward Mail to another account
(c) Open and scan contents of Mail
(d) Shred or recycle the Mail
(e) Physically store mail and parcels
(f) Sign scanned documents electronically
(g) Unsubscribe from or opt in to mailing lists
(h) Unpack parcels for individual reshipment
(i) Consolidate parcels for shipment
(j) Any other Services offered on the Site
Note that YOU are responsible for all instructions to perform services along with their expenses. Blue Mango Coworking LLC is not responsible for items that are recycled or shredded as a result of a customer request.
Note that by requesting any of the above services YOU are giving express and legally binding authorization to Blue Mango Coworking LLC to perform such tasks.
CUSTOMER agrees that CUSTOMER will not use the SITE or SERVICE for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. CUSTOMER further agrees that any use of the MAILBOX shall be in conformity with all applicable federal, state, commonwealth, territory, and local laws.
Each individual or entity must complete a separate U.S. Postal Service Form 1583 (“Form 1583”) to be authorized to receive mail or packages at the MAILBOX. However, spouses may complete one Form 1583, as long as both spouses include their separate information on Form 1583.
ACCURATE INFORMATION & SECURITY
You certify that the information you provide to Blue Mango Coworking LLC is accurate and complete. Possession of the MAILBOX username and password shall be considered valid evidence that the possessor is duly authorized to operate the MAILBOX. In the event of death or incapacity of the CUSTOMER, Blue Mango Coworking LLC will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Blue Mango Coworking LLC immediately. Your account may also be restricted or terminated for any reason, at Blue Mango Coworking LLC’s sole discretion. Blue Mango Coworking LLC may also change, restrict access to, suspend, or discontinue your MAILBOX, or any portion of the SITE, at any time without notice.
You are prohibited from:
Violating or attempting to violate the security of SAAS PROVIDERS and Blue Mango Coworking LLC;
Using the mail and package delivery services for any illegal purposes or deliveries;
Using any device, software, or routine to interfere or attempt to interfere with the proper working of the SAAS PROVIDERS and Blue Mango Coworking LLC OFFICE SITES;
Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by SAAS PROVIDERS or Blue Mango Coworking LLC or other third party web browsers) to navigate or search Blue Mango Coworking LLC.
KEYS AND KEYLESS ENTRY
You are required to safeguard your key to your mailbox and any keyless access credentials or cards.
You are to inform us immediately if your key is lost, stolen or compromised so that we may have your mailbox door and key replaced.
A replacement fee of $35 is required before access is granted to your mailbox again with the replacement key.
You agree that possession of the key is valid evidence of the possessor’s authority to open and enter the mailbox. It is your responsibility to ensure that your key is with you at all times or with an individual authorized to enter your mailbox for mail pickup.
INITIAL FEE AND NON-REFUNDABLE SECURITY DEPOSIT
CUSTOMER agrees to pay the initial set fee for the MAILBOX service they selected. Additionally, a non-refundable security deposit may be assessed. Upon expiration, cancellation or termination of this AGREEMENT, the security deposit may be refundable if your box has maintained good standing, or with authorization from an officer of the CORPORATION. The security deposit is not refundable if you have defaulted under this AGREEMENT because of nonpayment, late payments, declined charges, violation of U.S. Postal Service or Blue Mango Coworking LLC rules and regulations under this AGREEMENT.
MAILBOX service fees are all due and payable in advance and CUSTOMER agrees that Blue Mango Coworking LLC may hold mail and packages pending payment.
There will be no pro-rations or refunds for cancellation of any service.
CUSTOMER agrees to pay a late fee of $25.00 if any payment is not received within five (5) days of when due.
Declined payments for any reason will be charged a fee of $5.00.
MAILBOX service fees and other related fees stated herein are subject to change.
In the event that CUSTOMER receives an unreasonable volume of mail or packages at the MAILBOX according to Blue Mango Coworking LLC ’s reasonable judgment, Blue Mango Coworking LLC may require CUSTOMER to upgrade to a larger size MAILBOX and/or pay any additional charges.
Blue Mango Coworking LLC reserves the right to increase the MAILBOX service fees in the event that CUSTOMER adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the MAILBOX pursuant to Form 1583.
The setup fee is non-refundable.
Any total additional administrative charges at signup are non-refundable.
The security deposit may be refunded as described above after an introductory period of six (6) months, or shorter if approved by an officer of the CORPORATION.
In lieu of a refund, Blue Mango Coworking LLC may apply the security deposit to mail or package forwarding.
Above all, Blue Mango Coworking LLC is a customer-centric company, and any problems you have should be addressed to a customer service representative, the customer service manager, and finally, an officer of the CORPORATION to resolve any customer service issues.
ABANDONED MAILBOX, NON-PAYMENT, & SUSPENSION
SUSPENSION FOR NON-PAYMENT:
YOUR MAILBOX will be placed in suspension (“SUSPENSION”) if Blue Mango Coworking LLC is unable to complete a funding transaction.
If YOUR account is placed in SUSPENSION, it will remain functional, but all service requests will be rejected for lack of funds and execution of a pending SERVICE will be suspended. YOU will continue to incur charges in respect of YOUR account. The SUSPENSION will end only upon our receipt of amounts sufficient to cause YOUR Account Balance to be greater than or equal $0.00.
Blue Mango Coworking LLC may also lock YOUR access to YOUR MAILBOX in the event Blue Mango Coworking LLC has a reasonable basis to believe YOU are using YOUR Account for illegal purposes or in violation of this AGREEMENT.
NON-PAYMENT AND MAILBOX ABANDONMENT:
Upon expiration, cancellation or termination of this AGREEMENT, Blue Mango Coworking LLC will at its sole discretion take one of the following actions:
Re-mail (i.e., forward) CUSTOMER’s mail for two (2) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $10.00 per month. It is the CUSTOMER’s responsibility to make arrangements with Blue Mango Coworking LLC OFFICE SITES to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
Store the mail or packages for up to two (2) months provided CUSTOMER pays a storage fee of $20.00 per month for the time period in which Blue Mango Coworking LLC OFFICE SITES holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits Blue Mango Coworking LLC OFFICE SITES to pick up such items. It is the CUSTOMER’s responsibility to make arrangements with Blue Mango Coworking LLC OFFICE SITES to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
Retain CUSTOMER’s mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
Discard or destroy any “Unsolicited Mail” (e.g., bulk mail; mail addressed as “occupant,” “current resident” or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at BLUE MANGO COWORKING OFFICE SITES.
Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
Return all mail to sender.
Upon cancellation or termination of this AGREEMENT, Blue Mango Coworking LLC may:
Refuse any mail or package addressed to the CUSTOMER and delivered to Blue Mango Coworking LLC .
Discard or destroy any of the CUSTOMER’s mail or packages delivered to or remaining at Blue Mango Coworking LLC at such time.
ABANDONED MAILBOX, NON-PAYMENT, AND CHARGEBACKS OF MAILBOX:
Declined payments lasting more than 15 days, abandoned mailboxes, and chargebacks are reported as internet fraud and could impact your ability to make future, online or in-person purchases.
Blue Mango Coworking LLC Chargeback
This may be reported to LifeLock®, the Internet Crime Complaint Center (a partnership between the Federal Bureau of Investigation and the National White Collar Crime Center) https://www.ic3.gov, Riskified® Merchant Protection, Fraud Labs®, Verifi®, and placed as an outstanding balance on your personal, consumer credit report with Business Debt Collection services provided by Equifax®, TransUnion®, and Experian®.
Additionally, you will be charged the standard $50.00 chargeback fee. It will be added to your balance when reported to the collection and/or recovery agencies.
Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER’s MAILBOX.
In the event of a termination notice, based upon abandonment of the MAILBOX, notice shall be deemed delivered
On the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or
Five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER’s address as set forth in Form 1583, or on the date of actual receipt, or by electronic message (e-mail), whichever is earlier.
U.S. POSTAL SERVICE FORM 1583
This AGREEMENT, all mail, and Form 1583 shall remain confidential, except that this AGREEMENT and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated.
Upon request, CUSTOMER agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.
CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
Delivery by commercial courier services must be made to Blue Mango Coworking LLC’s street address only (and not to a P.O. Box). “P.O. Box” may be used only if it is part of CUSTOMER’s “Caller Service” (arrangement for delivery of mail through Blue Mango Coworking LLC using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.
Blue Mango Coworking LLC reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
HIPPA & STATE PRIVACY LAWS WAIVER
I hereby grant authority for Blue Mango Coworking LLC to open all health and healthcare related information covered under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 USC 1320d and 45 CFR 160-164 related mail that I request be viewed, scanned and/or forwarded to me. This authorization shall also cover all State, Commonwealth, and Territory privacy laws as well as executive orders signed by a Governor or the President.
In consideration for receiving a virtual mailbox and digital mail services from Blue Mango Coworking LLC, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Blue Mango Coworking LLC , its affiliates, parent companies, subsidiaries, or partners in addition to their officers, agents, representatives, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any information disclosure, breach, loss, damage, or injury, that may be sustained by me, or any assigns or representatives using my virtual mailbox WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while being a customer of Blue Mango Coworking LLC.
I am fully aware that of the risk, including but not limited to information disclosure, breach, loss, and damage.
I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, AND DISCLOSURE from mistakes, information disclosure, or breach, that may be sustained by me, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES and DEVELOPER from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the United States of America in addition to the State, Commonwealth, or Territory the RELEASEES are located.
IN ACCEPTING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read this Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
LIABILITY & INDEMNIFICATION
The SITE is available to you “as is” without warranty of any kind. BLUE MANGO COWORKING , and their affiliates have no liability to you for content on the SITE that you find offensive, indecent, or objectionable. If you are under the age of majority in your jurisdiction, you may use Blue Mango Coworking LLC with involvement of a parent or guardian.
You agree to defend, indemnify, and hold harmless Blue Mango Coworking LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of Blue Mango Coworking LLC or any breach by you of this AGREEMENT.
CUSTOMER agrees to protect, indemnify, defend and hold harmless Blue Mango Coworking LLC SITES, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the MAILBOX, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the MAILBOX contents by any cause whatsoever, and from any violation by CUSTOMER of applicable federal, state or local laws.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT, IN NO EVENT WILL BLUE MANGO COWORKING’s DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SAAS PROVIDERS OR BLUE MANGO COWORKING LLC. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MONTHLY FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MAILBOX SUBSCRIPTION.
Blue Mango Coworking LLC shall not be responsible for any failure or delay in the performance of its obligations under this AGREEMENT and/or CONDITIONS arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, tornado, wars, civil or military disturbances, insurrection, sabotage, epidemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communication service, accidents, labor disputes, acts of civil or military authority, or governmental actions.
UNITED NATIONS LAW
The laws of Illinois shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
This AGREEMENT is be governed by and construed in accordance with the laws of Illinois without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against Blue Mango Coworking LLC. Any action or proceeding arising out of or related to this AGREEMENT or your use of the Blue Mango Coworking LLC SITES shall constitute a dispute.
If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this AGREEMENT shall remain in full force and effect. The failure of Blue Mango Coworking LLC to act with respect to a breach of this AGREEMENT by you or others does not constitute a waiver and shall not limit Blue Mango Coworking LLC’s rights with respect to such breach or any subsequent breaches.
Arbitration of Disputes. Blue Mango Coworking LLC and RENTER agree to arbitrate all disputes and claims between them, where the dispute arises out of or relates in any way to the Services or this Agreement. This agreement to arbitrate is intended to be broadly interpreted and to cover any and all disputes arising hereunder to the maximum extent permitted by law; provided, that agreement to arbitrate disputes does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in any small claims court that has jurisdiction provided, that an arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of any such small claims court.
Dispute Notice. Where a party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (a ” Dispute Notice”). If the parties are unable or unwilling to resolve the dispute within 30 days after a Dispute Notice is given, the dispute will be resolved by arbitration upon one party sending the other party or parties and JAMS a demand for arbitration. For the avoidance of doubt, no arbitration demand may be submitted until at least 30 days after all parties to the dispute have received or are deemed to have received the Dispute Notice as outlined below.
Arbitration Procedures. Any dispute that cannot be resolved within 30 days after a Dispute Notice is received will be determined by an arbitration proceeding in Cook County, Illinois before a sole arbitrator and administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the ” JAMS Rules”). After expiration of the 30-day period required above, any party to the dispute may submit a written demand for arbitration to the other party or parties to the dispute, and within ten days after the demand for arbitration is given, the parties will select a single neutral arbitrator to preside over the arbitration proceeding. If the parties fail to select an arbitrator within such ten-day period, the arbitrator will be chosen pursuant to the JAMS Rules. In addition to the powers conferred by the JAMS Rules, the arbitrator will have authority to order such other discovery as he or she deems appropriate for a full and fair hearing of the case. The arbitrator’s decision will be final and binding and the award so rendered may be filed in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator.
No Class or Representative Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Blue Mango Coworking LLC SITES. RENTER AND Blue Mango Coworking LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one Renter’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Notices. To be valid, all notices permitted or required under this Agreement must in writing and delivered by hand, by email, by overnight courier, or via certified mail; provided, that email notices from RENTER will only be valid where Blue Mango Coworking LLC expressly acknowledges and confirms receipt. In addition, and without limiting the foregoing, Blue Mango Coworking LLC will be entitled to give notice to RENTER hereunder via placement of the notice in RENTERs Mailbox, and any such notice so given will be deemed delivered upon placement in RENTER’s Mailbox; other notices (including, for the avoidance of doubt, any notice of termination based on RENTER’s abandonment of its Mailbox, which will be delivered by overnight courier or via certified mail) will be deemed given (a) on the date delivered, if delivered by hand, (b) on the next day, if delivered by overnight courier or USPS next day delivery, or (c) five days after being sent by USPS certified mail. Blue Mango Coworking LLC will send notices to RENTER’s email or postal address on file with Blue Mango Coworking LLC, and RENTER will send notices to Blue Mango Coworking LLC ’s registered agent.
Further Assurances. RENTER agrees and covenants that at any time and from time to time it will promptly execute and deliver to Blue Mango Coworking LLC such further instruments and documents and take such further action as Blue Mango Coworking LLC may reasonably require (such as, by way of example only, by providing a current Form 1583 or any acknowledgment form related to service of process) in order to carry out the full intent and purpose of this Agreement and deliver the Services to RENTER in a lawful manner hereunder.
Relationship. This Agreement does not confer any third party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between the parties. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. There are no intended third party beneficiaries of this Agreement.
Severability, Waiver, and Interpretation. If any provision, or portion of any provision, of this Agreement is found to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision, or such portion of such provision, is to be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision or portion thereof within the limits of applicable law. No waiver of any breach of this Agreement will constitute a waiver of any other breach. In construing or interpreting the terms of this Agreement: (a) the headings in this Agreement are for convenience only, and are not to be considered, and (b) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
BY TAKING ANY REQUIRED ACTION TO INDICATE ACCEPTANCE OF THIS AGREEMENT, RENTER (OR RENTER’S REPRESENTATIVE) IS ACKNOWLEDGING ITS UNDERSTANDING OF THIS AGREEMENT, AND THAT RENTER WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
This AGREEMENT represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this AGREEMENT are for reference purposes only and in no way define or limit the scope of the section.
BY TAKING ANY REQUIRED ACTION TO INDICATE ACCEPTANCE OF THIS AGREEMENT, RENTER (OR RENTER’S REPRESENTATIVE) IS ACKNOWLEDGING ITS UNDERSTANDING OF THIS AGREEMENT, AND THAT RENTER WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.