Terms of Service
Last updated: October 11, 2018
1. General Conditions and Definitions
This Terms of Service agreement (“Agreement”) describes the terms of your use of the website www.thehatcherychicago.org (“Site”), participation in any membership service offered through the Site, or registration for events through the Site. The Hatchery Chicago Illinois is an Illinois not-for-profit corporation (referred to hereafter as “we” or “us” or “The Hatchery Chicago”). By accessing or otherwise using this Site—whether as a visitor, subscriber, registrant, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement, The Hatchery Chicago Privacy Policy, and the rules posted on the Site for any membership service or event registration (“Rules”). If you do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone signing up for membership, registering for an event, or sending an inquiry through the Site represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.
2. Updates to Agreement
The Hatchery Chicago may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
3. Site Accessibility and Security
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. The Hatchery Chicago will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of The Hatchery Chicago. The Hatchery Chicago will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from The Hatchery Chicago via the Site.
4. Links to Third-Party Websites
This Site MAY contain links to third-party websites provided by other content providers. The Hatchery Chicago expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See The Hatchery Chicago Privacy Policy for more information.
5. Privacy
The Hatchery Chicago is committed to protecting the privacy of User information. See The Hatchery Chicago Privacy Policy for more information on The Hatchery Chicago’s privacy practices.
6. Pricing and Availability
Different membership services and event registrations may be available through the Site. All prices shown are in U.S. dollars and are subject to change without notice. Due to the nature of the Internet, it is not possible for The Hatchery Chicago to restrict access to its Site to only those locations where it does business. Some or all the products and services offered on the Site may not be available to Users outside of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any service from The Hatchery Chicago in a location where such services may not be provided. If you have a question about whether a service is or may be available in your geographic location, we encourage you to contact us.
7. Errors
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing a registration, or otherwise, we reserve the right to correct such error and revise your request accordingly if necessary (including charging the correct price) or to refund any amount charged. Your sole remedy in the event of such error is to cancel your request and obtain a refund.
8. Information Entry
It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the services that you request.
9. Payment
Payment for services offered through the Site must be made through Stripe, although you will not need to establish a Stripe account. We encourage you to review the Stripe terms of service to understand how your payment is processed. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically.
10. Membership Services
The Hatchery Chicago may offer through the Site one or more membership options, which have different requirements. Memberships applications are subject to review, and membership is not guaranteed. Membership benefits are subject to changes. If you apply for these services and become a Member, you agree to review and abide by the rules for Members, which may be amended from time to time. You agree to protect your Member access information and not share it with others.
11. Trademarks and Copyrights
“The Hatchery Chicago” is a trademark of The Hatchery Chicago and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of The Hatchery Chicago or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of The Hatchery Chicago or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your evaluation of the information provided or for your participation in the services offered, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
Website Manager
The Hatchery Chicago
320 N. Damen Avenue
Chicago IL 60612
info@thehatcherychicago.org
312.283.5723
12. Disclaimer of Warranty and Limitation of Liability
You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE HATCHERY CHICAGO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither The Hatchery Chicago nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE HATCHERY CHICAGO DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM THE HATCHERY CHICAGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HATCHERY CHICAGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages, nor will the aggregate liability of The Hatchery Chicago, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase oR use of any SERVICES through the site exceed the purchase price of the SERVICE. Your sole and exclusive remedy, and The Hatchery Chicago’s sole and exclusive liability, for any breach of warranty will be your right to receive a refund for the SERVICE.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
13. Indemnification
You agree to defend, indemnify, and hold harmless The Hatchery Chicago, its affiliates, and both the The Hatchery Chicago’s and its affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.
14. Electronic Communication
You agree to receive communications from The Hatchery Chicago in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that The Hatchery Chicago provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you register for an event or become a Member, you become a customer of The Hatchery Chicago and may receive promotional emails from The Hatchery Chicago. Depending on the membership service or event you sign up for, you also may receive text messages from The Hatchery Chicago. See The Hatchery Chicago Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving The Hatchery Chicago promotional emails or text messages.
15. Program Termination
The Hatchery Chicago may terminate its membership services, other service offerings, or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, The Hatchery Chicago will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 11, 12, 13, 16, and 17 will survive termination of this Agreement.
16. Dispute Resolution
By using the Site, you agree that the laws of the State of Illinois, without reference to its conflict of laws provisions, will govern this Agreement and any dispute of any sort that might arise between you and The Hatchery Chicago. In the event of any dispute, claim, or disagreement arising from or relating to this Agreement, the parties shall use their best efforts to settle the dispute, claim, or disagreement by consulting and negotiating with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 30 days, the parties agree that either party may file a claim in the courts in Cook County, Illinois. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to trial, each party waives any right to a jury trial. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You agree that courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to this Agreement. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
17. Statute of Limitations
User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
18. Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by The Hatchery Chicago to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by The Hatchery Chicago of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
19. Contacting Us
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to info@thehatcherychicago.org.
Privacy Policy
Last updated: October 11, 2018
1. Types of Information Gathered about Users and How We Use It
The Hatchery Chicago Illinois (“we” or “The Hatchery Chicago”) appreciates that you care how information about you is used and shared. The information we gather about Users of the website located at www.thehatcherychicago.org (“Site”) enables us to provide you with useful services and information (“Services”). By using the Site, you consent to our collection, usage, and sharing of your personal information as explained in this Privacy Policy. Here are the types of information we gather:
- Information You Give Us: We receive and may store any information you enter on the Site or provide us in any way. For example, you provide us with information when you complete the forms on this Site, apply for membership, sign up for an event, submit an inquiry, apply for an internship, or interact with the Site in other ways. We may ask you to provide us with certain personally identifiable information, such as your name, email address, phone number, and mailing address. Some of the information we ask you to provide is mandatory and some may be optional. If you do not provide the mandatory information requested for a particular activity, you will not be permitted to participate in that activity.
- Automatic Information: We receive, analyze, and store certain types of information whenever you interact with the Site, whether or not you have agreed to The Hatchery Chicago Terms of Use. For example, we may collect the IP address used to connect your computer to the Internet, your email address, information about your browser and operating system, the Uniform Resource Locators (URLs) of the websites you visit before and after our Site, and information about how you move around our Site. We may place cookies on your computer that recognize your computer and enable us to collect usage information (such as information about your session, how often you visit the Site, and your cart contents), improve security, and improve our Services. A cookie is a small piece of information that a website can send to your browser and may then be stored on your computer’s hard drive. You may be able to block, delete, or disable cookies, but doing so may prevent you from taking advantage of some or all the Services.
- Information on Facebook®, Instagram®, and Social Media: If you link through, to, or otherwise interact with our Site through Facebook, Instagram, or another social media account, you may also provide us with information from your social media account(s).
- Information from Other Sources: We may combine information you provide us with information from third parties including, but not limited to, information from our Third-Party Service Providers.
2. How The Hatchery Chicago Uses the Information It Receives
We use your personal information for various purposes, including:
- To allow you to take advantage of our Services and honor our commitments to you
- To understand what Users value and improve our Services
- To personalize your experience on our Site
- To prevent fraud
- To correct our records
- To improve how the Site works
- To notify you about changes or new aspects of our Services
- To comply with the law
3. How The Hatchery Chicago Shares the Information It Receives
Information about our Users is a critical part of our business. We will not sell your personally identifiable information to others, but we may share User information with others in the following ways:
- With Other Authorized Third-Party Service Providers: We have agreements with other companies and individuals to perform functions on our behalf (“Third-Party Service Providers”), such as processing your payments (through Stripe), processing your event registrations (through TicketSpice), providing marketing assistance (through Active Campaign), operating or hosting our Site, and analyzing data (through Google Analytics). We may share your personally identifiable information with these Third-Party Service Providers so they can provide the services that we have contracted with them to provide as Data Processors. The use of your personal information by Third-Party Service Providers is subject to their privacy policies.
- With Other Websites: Our Site includes links to other websites. When you access these links, you may be directed away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. You may obtain useful information about Internet advertising companies, including how to opt out of their information collection, by contacting the Networking Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp.
- To Parent or Affiliated Companies: While we currently do not have a parent company, subsidiaries, or any other companies under a common control, we may in the future, and we may share your personally identifiable information with these companies, in which case we will require them to honor this Privacy Policy.
- In a Change of Ownership: As we continue to develop our business, we might merge with or be acquired by another entity. If this happens, the successor entity could acquire the information we maintain, but personally identifiable information would remain subject to this Privacy Policy.
- For The Hatchery Chicago’s Protection or the Protection of Others: We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary to comply with the law or a court order, enforce this Privacy Policy, or protect the rights, property, or safety of The Hatchery Chicago, our Users, or others.
4. Retention and Security of Your Information
We will retain your personal information only for as long as necessary for the legal purposes set forth in this Privacy Policy and for the time necessary to meet any applicable statute of limitations. Because we use Third-Party Service Providers to assist us with data retention, your personal information may be transferred to and maintained on computers outside Illinois and, possibly, outside the United States. The security of your personal information is important to us, and we strive to use commercially acceptable means to protect it; however, no means of data transfer or storage is 100% secure and we cannot guarantee hacking will never occur. It is also important for you to protect against unauthorized access to your computer, secure your password, and sign off when you finish using a shared computer.
5. Managing Your Information
You have options for managing your personally identifiable information shared with The Hatchery Chicago.
- We will not send you third party promotional emails without your permission. As a condition of agreeing to these Terms, however, you agree to receive from us promotional and administrative emails related to your activity on our Site or to our Services, including announcements about new features or changes to the Site or our Services.
- If you no longer want to use the Site or our Services, you may ask us to stop sending you promotional emails by contacting us through the contact form on the Site or through info@thehatcherychicago.org. Your personal information may remain in our historical records, but you will no longer receive emails from us about new features or changes to the Site or our Services unless you begin using the Site again.
- If you no longer want to participate as a Member, you may ask us to delete your information from our Member database, although your information may continue to reside in archived copies of our Site content.
- Please note that, because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
6. General Data Protection Regulation (GDPR)
If you are located in a country whose residents personal information is governed by the European Union General Data Protection Regulation (“GDPR”) and the GDPR applies to us, the following additional provisions may apply to the processing of your personal information (“Personal Data”). Personal Data includes your name, address, email address, telephone number, job title, credit card information, social security number, and geolocation, some of which we may collect and process and some of which may be collected and processed by Third-Party Service Providers. We may be considered a Data Controller. You may have options, in addition to those noted in Section 5 above, for managing your Personal Data, including the right to:
- Access, update, or delete the Personal Data we have about you; however, some Personal Data may not be deleted for legitimate legal reasons.
- Correct the Personal Data we have about you if it is inaccurate or incomplete.
- Object to our processing your Personal Data, in which case we will stop processing your Personal Data upon receipt of your notice but also may not be able to provide Services to you.
- Request that we restrict the processing of your Personal Data.
- Request that your Personal Data be transferred to a third party.
- Receive a copy of the Personal Data we have about you in a structured, machine-readable, commonly-used format.
- Withdraw your consent for The Hatchery Chicago to process your Personal Data.
If you wish to exercise any of these rights, you must send the request to our GDPR manager at info@thehatcherychicago.org. We will respond to your request as soon as possible.
7. Payments
We use Stripe as a merchant services provider to process your payment for events, membership, and other activities. You should review Stripe’s privacy policy to understand how they process and retain your payment information and other Personal Data. While we may retain access to your credit card billing address, expiration date, and last four digits of the number, we do not have access to your entire credit card number.
8. Children’s Privacy Issues
We do not knowingly collect information from anyone under the age of 18. If you are aware of any instance where we have collected information from or about someone under the age of 18, please inform us immediately.
9. Changes to This Privacy Policy
We reserve the right to modify this Privacy Policy at any time. Changes will take effect immediately upon posting, so please review this policy whenever you visit this Site. If we make material changes to the policy, we will notify you by noting a new date at the top of the policy so you know it has been updated since your last visit to the Site, and we may notify you by email.
10. Contacting Us
If you have any questions about this Privacy Policy, you may contact us at any time by email to info@thehatcherychicago.org.
