Terms and Conditions
Effective June 10, 2016
These terms and conditions of use govern your use of this website www.chicagoluxurybeds.com and its contents and offerings to you (hereinafter, the “Site”); by using this Site, you accept these terms and conditions in full. These terms of use constitute an agreement between us (“the Agreement”) and sets forth the terms and conditions upon which we make available on this Site. Amendments to this Agreement are effective when posted. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Site.
PLEASE NOTE: This Site is intended for use by residents of the United States and Canada, excluding the province of Quebec, who are at least 18 years of age. Read carefully below before using this Site. Note also that our use of your personal information is governed at all times by our Privacy Statement which is available at www.culturestudio.net. See below for requirements relating to how disputes between you and CHICAGO LUXURY BEDS INC. are resolved.
License to use Site
Unless otherwise stated, CHICAGO LUXURY BEDS INC. and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved. Subject to your compliance with the terms of this agreement, you have a limited, non-transferrable, non-sublicensable and revocable license to access and use the Site for its intended purpose which shall be for your personal use and not, for example, reselling or outsourcing the Site’s functionality or otherwise using it as a service bureau or data center.
You may view, download for caching purposes only, and print pages from the Site as reasonably necessary for permitted use of the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You agree not to:
- republish material from this Site (including republication on another website);
- sell, rent or sub-license material from the Site;
- show any material from the Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; or
- edit or otherwise modify any material on the Site.
Acceptable Use
You agree not to use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You agree not to use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You agree not to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Site without CHICAGO LUXURY BED INC.’s express written consent.
These examples of prohibited conduct are illustrative and are not exhaustive. CHICAGO LUXURY BED reserves the right to take action, up to and including termination of your use of the Site, if user is determined in CHICAGO LUXURY BED INC.’s sole discretion, to have engaged in prohibited conduct or otherwise violates this Agreement.
Use of the Site
CHICAGO LUXURY BEDS INC. reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of, or discontinue any offering of, any product or promotion; (b) impose conditions on your use of the Site; and/or (c) bar you from making or completing any or all transaction(s).
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions.
Purchase Transactions
All descriptions, images, references, features, content specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.
No Warranties
This Site is provided “as is” without any representations or warranties, express or implied. CHICAGO LUXURY BEDS INC. makes no representations or warranties in relation to this Site or the information and materials provided on this Site.
Without prejudice to the generality of the foregoing paragraph, CHICAGO LUXURY BEDS INC. does not warrant that:
- this Site will be constantly available, or available at all; or
- the information on this Site is complete, true, accurate or non-misleading
Nothing on this Site constitutes, or is meant to constitute, advice of any kind.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHICAGO LUXURY BEDS INC., ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS AND MERCHANTS (HEREINAFTER, COLLECTIVELY, “THE CHICAGO LUXURY BEDS INC. PARTIES”), SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE SITE. ADDITIONALLY, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE CHICAGO LUXURY BEDS INC. PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, CHICAGO LUXURY BEDS INC. PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Reasonableness
By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Site.
Other parties
You accept that, as a limited liability entity, CHICAGO LUXURY BEDS INC. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CHICAGO LUXURY BEDS INC.’s
officers or employees with respect to any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect CHICAGO LUXURY BEDS INC.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CHICAGO LUXURY BEDS INC.
Unenforceable provisions
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.
Indemnity
You agree to defend, indemnify and hold harmless CHICAGO LUXURY BEDS INC. its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including without limitation, any information or content you submit to the Site, any material you download from the Site or any interference with the operations of the Site.
Breaches of these terms and conditions
Without prejudice to CHICAGO LUXURY BEDS INC.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CHICAGO LUXURY BEDS INC. may take such action as CHICAGO LUXURY BEDS INC. deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that it block your access to the Site and/or bringing court proceedings against you.
Variation
CHICAGO LUXURY BEDS INC. may revise these terms and conditions of this Agreement from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.
Assignment
CHICAGO LUXURY BEDS INC. may transfer, sub-contract or otherwise deal with CHICAGO LUXURY BEDS INC.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to CHICAGO LUXURY BEDS INC. shall be sent by email and regular mail at the addresses listed in the paragraph immediately below. In the case of notices CHICAGO LUXURY BEDS INC. sends to you, you consent to receive notices and other communications by CHICAGO LUXURY BEDS INC. posting notices on the Site or sending you an email at the email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that CHICAGO LUXURY BEDS INC. provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice
Please note the following: (a) CHICAGO LUXURY BEDS INC. is located at 440 N. Wells Street, Suite 100N, Chicago, IL 60654; (b) the fees charged for CHICAGO LUXURY BEDS INC.’s products and/or services vary depending on the services selected by you; and (c) if you have a question or complaint regarding this Site or CHICAGO LUXURY BEDS INC.’s products or services, please send an email to [email protected]. You may also contact us by writing to the address above, or by calling us at 312-527-5337.
Dispute Resolution
In the event a dispute arises between you and CHICAGO LUXURY BEDS INC. as a condition precedent to bringing any litigation, you and CHICAGO LUXURY BEDS INC. agree to first contact each other at the address provided above for CHICAGO LUXURY BEDS INC., and at the e-mail address provided by you in connection with your account, and provide a written description of the problem, how the party has been harmed, what the party is demanding, a statement of the merits of the claim, and a proposed resolution. In the event the proposed resolution is not acceptable, you and CHICAGO LUXURY BEDS INC., shall, within thirty (30) days, make good faith efforts to resolve the matter through in person or telephonic negotiation between you and a representative of CHICAGO LUXURY BEDS INC. (either side may have, in addition to the parties, a lawyer present) involving at least one session of at least one hour in duration if the matter does not settle earlier. Without limiting the effect of any disclaimer contained herein, TO THE EXTENT PERMITTED BY APPLICABLE LAW, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Force Majeure
CHICAGO LUXURY BEDS INC. shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, acts of God, earthquakes or natural disasters.
Entire Agreement
These terms and conditions constitute the entire agreement between you and CHICAGO LUXURY BEDS INC. in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Illinois law and any disputes arising under or related to these terms and conditions will be subject to the exclusive jurisdiction of the state or federal courts located in Cook County, Illinois.
