Terms of Use
Effective March 10th, 2022
Through its website, Urban Allure, LLC, an Illinois limited liability company (hereinafter referred to as “Company”), provides a platform through which individuals (“Users”) can access the information about Company’s products and services. In furtherance of this goal, Company has adopted these Terms of Use (referred to herein as the “Terms” or the “Agreement”) and through these Terms incorporate the Company’s Privacy Policy (“Privacy Policy”) that apply to all use by Users of the Company website located at https://www.urbanallureevents.com/, related webpages, or mobile applications (collectively, the “Site”). By, and in consideration of, accessing the Site you, on behalf of yourself and any person, business or other entity on behalf of which you are accessing the Site or using the Services (collectively referred to herein as, “you”) agree that you have read and understand and will comply with these Terms, without limitation.
1. OWNERSHIP.
The Site is owned by Company.
2. ACCEPTABLE USE.
You agree to the following conditions of use of the Site:
A. Improper Use of the Site: You shall not use the Site in any manner prohibited by any federal, state, or local laws, rules, and/or regulations. Without limiting the foregoing, you shall not use the Site for any abusive, fraudulent, or deceitful purpose, in any way that damages, access, or trespasses Company’s property.
B. Utilization of Network Resources: The abuse, misuse, disruption, degradation, and/or other compromise of Company’s network resources and services by any User is prohibited.
3. ACCESS TO SITE.
Company makes the Site available to you subject to these Terms and all applicable laws. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. These Terms shall take effect immediately on your first time accessing the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use the Site.
You warrant to Company that you will not attempt to bypass or gain unauthorized access to the Site or any computer systems or networks connected to the Site of any Company server through any means, including, but not limited to hacking and password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Company.
You agree to not interfere in any way with others’ use of or access to the Site. Company reserves its right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
4. INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION.
All content included or available on the Site, including the Site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright (© 2022 Urban Allure, LLC) with all rights reserved. As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site. You may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Site without the prior written consent of Company, which may be withheld, conditioned or delayed in its sole discretion. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by applicable law. Company, its affiliates, and our licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how and trade secrets relating to the Site. Company’s logos and name are trademarks of Company and may be registered in certain jurisdictions. All other company names, marks, logos and symbols on this Site may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license for any of Company’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
You shall not at any time, directly or indirectly, disclose or use for your own benefit or gain any of Company’s Confidential Information, as defined below, without Company’s express written consent. You also agree that you will undertake all necessary and appropriate steps to ensure that the Confidential Information will be maintained confidential. Upon termination of this Agreement, you agree that all Confidential Information and any other documents, records, notebooks, and similar repositories containing any information or other property of Company shall be destroyed immediately. “Confidential Information” includes, but is not limited to: (a) User-specific information; (b) information that is clearly marked or otherwise designated as confidential when disclosed; and (c) other information normally understood to be confidential and not fully disseminated in the public domain.
5. USER CONTENT.
You may submit questions, requests, messages, comments, ideas, or other related content (“Messages”) about the Site or Company’s products to Company through the Site. By submitting Messages or other related content, you agree that your submission of Messages is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary duty or other obligation, including obligation to response to Messages, that Messages do not contain the confidential or proprietary information of third parties, and that Messages shall be the sole property of Company which Company is free to use without any compensation to you and to disclose on a non-confidential basis or otherwise to anyone. By submitting Messages to the Company through its Site, You are granting the Company a license to, among other things, use, publish, modify the Messages. You represent and warrant that You own the Messages and otherwise control the rights to any submission or grant of a license to the Company.
6. CERTAIN DISCLAIMERS, LIMITATIONS AND EXCLUSIONS.
These Terms and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Company to store, backup, retain or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Company is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with these Terms, including but not limited to: (i) your use of or your inability to use the Site; (ii) delays or disruptions in the Site; (iii) viruses or other malicious software obtained by accessing or linking to the Site; (iv) glitches, bugs, errors or inaccuracies of products of services of any kind in the Site; (v) the content, actions or inactions of third parties’ use of the Site; and (vi) your need to modify practices or behavior as a result of changes to the Terms.
YOU USE THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE, OR NON-INFRINGEMENT. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD-PARTY OR THE ACCURACY OF ANY CONTENT POSTED ON THE SITE BY A THIRD PARTY, INCLUDING ANY USER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOUR SOLE REMEDIES HEREUNDER ARE AS EXPRESSLY SET FORTH IN THIS SECTION. IN NO EVENT WILL COMPANY OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF COMPANY OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES.
If, notwithstanding the limitations of liability, Company, our affiliates, our licensors or our suppliers are found liable for any loss or damage which arises out of or in any way connected with this Agreement or services or operation of this Site, then liability will in no event exceed the lesser of: (1) $2,500 or (2) any charges retained by Company with respect to the affected User during the three-month period preceding the date of the origination of the User’s claim.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Company, its affiliates and their respective suppliers and licensors.
Certain state laws do not allow exclusion or limitation of certain damages. 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 other rights, which vary from state to state.
7. PURCHASE POLICIES.
Company reserves the right to cancel or refuse, within its sole discretion, any order or inquiry made or placed with Company. Company reserves the right to prohibit any of its orders or services that are being sold or are appearing to be sole for resale purposes.
8. INDEMNIFICATION.
You shall indemnify, defend, and hold harmless Company from and against any and all claims, losses, costs, expenses (including attorneys’ fees), injuries, demands, damages, actions, suits, and/or proceedings whether civil, criminal, administrative, or investigative (collectively, “Claims”) related to or arising out of: (i) your negligence or willful act or omission; (ii) your misuse of the Site; (iii) your breach of any term, condition, representation, warranty, duty, and/or obligations set forth in the Terms; (iv) any libel or slander by you; and/or (v) infringement of any patent, copyright, trademark, trade name, or service mark arising out of your Messages or other use of the Site. You agree to notify Company promptly, in writing, of any Claims, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Claims.
9. TERM; TERMINATION AND SUSPENSION.
This Agreement will become effective upon your first time accessing the Site and will remain in effect until terminated pursuant to the terms hereof or for so long as the Site is in existence. Unless both you and Company agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice, except as otherwise provided below. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you from any obligations to Company incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
Without limiting Company’s other remedies, it may temporarily or indefinitely suspend or permanently revoke your access to the Site if: (a) you breach the letter or spirit of any Terms; (b) Company suspects or becomes aware that you have provided false or misleading information to Company or any User; (c) Company believes, in its sole discretion, that your actions may cause legal liability for you, any Users, or Company or its affiliates; may be contrary to the interests of the Site or the Company; or may involve illicit activity; or (d) Company otherwise reasonably determines that doing so is in the best interests of Company and/or its Users.
Without limiting Company’s other remedies, if you engage in actions or activities that damages the Site, you must pay Company for all amounts owed to Company and our affiliates and reimburse Company for all losses and costs (including any and all time incurred by employees and contractors of Company or its affiliates) and reasonable expenses (including attorneys’ fees) related to investigating such actions. In addition, violations of this Agreement may be prosecuted to the fullest extent permitted by the law and may result in additional penalties and sanctions.
10. GOVERNING LAW AND VENUE.
The domestic law of the State of Illinois shall govern the construction, interpretation, and performance of this Agreement, without regard to its conflict of law principles. Any litigation or dispute related to this Agreement shall be resolved by arbitration in Cook County, Illinois, unless another location is mutually agreed upon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator(s) shall be final, and judgment upon the award may be entered by any court located in Cook County, Illinois.
In the event that Company is deemed the prevailing party in any litigation or arbitration, Company shall be entitled to recover from you all costs and expenses incurred by Company in relation to such legal action, including reasonable attorneys’ fees.
11. MODIFICATIONS.
TO THE EXTENT PERMITTED BY LAW, THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE, AND YOU WILL BE BOUND BY SUCH CHANGES AS OF THE DATE OF SUCH CHANGES.
In the event that Company materially changes any provisions of these Terms or the Privacy Policy, Company first, post those changes on the Site before those changes are to be effective, and secondly, Company shall notify You via mobile number or email. If You disagree with any changes made to the Terms or the Privacy Policy and do not wish to be subject to the revised Terms or Privacy Policy, you may immediately cease use of the Site. Your use of the Site constitutes your consent to the present Terms and Privacy Policy.
If any part of this Agreement is held invalid or unenforceable, that portion of this Agreement shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Company, and the remaining portions shall remain in full force and effect. The failure of Company or its suppliers to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
PLEASE PRINT THESE TERMS AND RETAIN A COPY FOR YOUR RECORDS.
12. NOTICE AND COMMUNICATIONS.
A. Communications from Company to You: By visiting the Site, you are deemed to have executed this Agreement electronically, effective on the date you visit the Site, pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §§ 7001 et seq.). Visiting the Site constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement. Unless you otherwise indicate in writing to Company, Company and its affiliates are permitted to communicate with you by text message or email and/or by posting communications on the Site. You will be considered to have received a communication when Company sends it to the mobile number or email address you have provided to Company on the Site or when Company posts such communication on the Site.
B. Communications from You to Company: All notices to Company required hereunder must be in writing and delivered either (i) in person; (ii) by a means evidenced by a delivery receipt, to the following address: Urban Allure, LLC, 2142 W. Chicago Ave., Chicago, IL 60622, Attn: Nicole Fauls or (iii) in writing via email to nicole@urbanallureevents.com. In the event you want to update or change information or Messages submitted through the Site, the Company shall make a good faith effort, as soon as practicable, to update and change the desired information. Company may maintain previous versions of information or Messages as prior business records. In the event there is more than one request to change information or Messages by you, the most recent request will control. Company does not accept service of any legal process by email or mail; all such service should occur by hand delivery to Company or its registered agent for service of process.
13. NOTICE OF UNAUTHORIZED USE OR VIOLATIONS.
In the event a User becomes aware of any unauthorized use or violation(s) of these terms by any person, such User is required to promptly report the violation(s) to Company via email at nicole@urbanallureevents.com. If available, User shall be prepared to provide the following information to Company concerning the alleged violation: (a) name of persons associated with the violation; (b) the date and time of the violation; and (c) a description and circumstances of the violation.
14. MISCELLANEOUS TERMS.
A. Force Majeure: Company shall not be liable to any User for any delay, failure in performance, loss, or damage to the extent caused by force majeure conditions such as acts of God, fire, explosion, power blackout, cable cut, act of terrorism, epidemic, acts of regulatory or governmental agencies, unavailability of right-of-way, spectrum interference, electrical storms, heavy precipitation, excessive weather conditions, unavailability of services or materials upon which the Site relies, or other causes beyond the Company’s reasonable control.
B. Assignment and Transfer: You are strictly prohibited from assigning any right, obligation or duty, in whole or in part, and/or of any other interest hereunder, without the prior written consent of Company, of which consent can be withheld for any reason. Company may assign its rights and obligations hereunder to any party or entity without any party’s consent. All obligations and duties of a User under this Agreement shall be binding on all successors in interest and assigns.
C. Entire Understanding: This Agreement constitutes the entire understanding between you and Company related to the subject matter hereof, and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Site.
D. Survival: The rights and obligations of a User, that by their nature would continue beyond the expiration or termination of this Agreement, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of this Agreement.
E. No Waiver: No failure by Company to enforce any rights hereunder shall constitute a waiver of such right(s).
F. No Agency: No User is an agent, representative, or partner of Company or is able to bind Company. Users and Company are independent contractors and this Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between such parties.
G. Article Headings and Pronouns: The article headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof. The singular form denotes the plural and the masculine form denotes the feminine or neuter wherever appropriate.
Questions: If you have any questions regarding the Site, the Terms or the Privacy Policy, you may contact nicole@urbanallureevents.com.