Terms of Service
Welcome to The 94th Floor (the "Company," "we," "us," or "our"). By accessing or using our website, www.the94thfloor.com (the "Website"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using the Website.
Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe on the rights of or restrict or inhibit anyone else's use and enjoyment of the Website. You are prohibited from attempting to gain unauthorized access to the Website, its servers or networks connected to the Website. You agree not to disrupt or interfere with the Website or its services, including but not limited to transmitting any viruses, spyware, malware, or other harmful code.
User-Generated Content
The Company may provide users with the ability to upload or submit content to the Website, including but not limited to comments, reviews, and other user-generated content. You agree that any content you upload or submit to the Website will not infringe on the rights of any third party, including but not limited to copyright, trademark, or privacy rights. The Company reserves the right to remove any user-generated content that violates these Terms or any applicable laws or regulations.
User Accounts
In order to access certain features of the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations. The Company reserves the right to suspend or terminate your account at any time, without notice and without liability, including if you violate these Terms.
Intellectual Property Infringement
The Company respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that your intellectual property rights have been infringed upon, please contact the Company at decor@the94thfloor.com or 773-999-9794. The Company will investigate any such claims and take appropriate action, including but not limited to removing the infringing content or disabling access to it.
Governing Law, Venue, and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms or your use of the Website shall be filed exclusively in the state or federal courts located in Cook County, Illinois. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
However, in the event that any dispute arises with a user located outside the state of Illinois or the United States, the Company may elect to pursue legal action in the user's jurisdiction. In such cases, the laws of the user's jurisdiction shall apply, and the user consents to the exclusive jurisdiction and venue of the courts in that jurisdiction.
Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Cook County, Illinois and shall be conducted in English. The arbitrator's decision shall be final and binding on all parties, and may be entered as a judgment in any court of competent jurisdiction.
Dispute Resolution
Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Cook County, Illinois, unless the Company elects to pursue legal action in the user's jurisdiction as described above. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding on all parties, and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, the parties may seek injunctive or other equitable relief to enforce these Terms or protect their respective intellectual property rights in any court of competent jurisdiction.
Changes to the Terms
The Company reserves the right to change these Terms at any time without notice to you. Your continued use of the Website following any such changes constitutes your acceptance of the revised Terms.
Termination
The Company may terminate or suspend your access to the Website at any time, without notice and without liability, including if you violate these Terms.
Miscellaneous
These Terms constitute the entire agreement between you and the Company with respect to the use of the Website. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision