Terms of Use
1. Introduction
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS OF USE" or “AGREEMENT”) CAREFULLY BEFORE USING ONRECORD.COM (THE "SITE") OR ANY SERVICE OFFERED BY ON RECORD LLC. ("ON RECORD," "ON RECORD: LOCAL CONNECTIONS," "ON RECORD: ON DISPLAY," "WE," “OUR," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY ON RECORD SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY ON RECORD SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.
This Agreement applies to all Site visitors and users of the Site or On Record Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any On Record Service. If you have any questions, please contact us at [On Record’s contact web page].
2. On Record Overview
On Record operates a subscription-based service on the Site and on social networking platforms such as the On Record Instagram page, Threads, the On Record Facebook page, the On Record TikTok page, and the On Record LinkedIn page (collectively, the "On Record Online Community"). Our community is a place for you to connect with and support Chicago artists, entrepreneurs, and small businesses.
3. Disclaimers and Limitations
On Record does not manufacture most of the available products; instead, we highlight products and services offered by third parties. We are not responsible for the actions or representations of these third parties. When interacting with or purchasing from these entities, you are encouraged to review their terms, conditions, and policies.
4. Privacy Policy
Your privacy is important to us. On Record is committed to protecting your personal information. We will not sell your email address to third parties. For more detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.
5. Subscription Services
On Record offers a unique subscription cycle that alternates between physical boxes and digital content. Subscribers in the Chicagoland area can receive a physical box once every six months, with digital subscriptions provided monthly in between. This cycle showcases a wide variety of content and experiences from the Chicago creative community.
6. Fundraiser and Events
On April 18th, 2024, On Record will host a fundraising event to support our mission. Tickets and pledges for future services are donations given in good faith and are subject to change or, in extreme cases, not delivered at all.
7. Delivery and Accessibility
Physical subscription boxes are exclusively available to the Chicagoland area. However, digital subscriptions and access to the On Record website are open to anyone worldwide.
8. Eligibility and Purchase Requirements
The On Record website is accessible to all ages, but independent operation and purchases require users to be at least 13 and 18 years old, respectively. Minors under 18 must be accompanied by an adult for purchases.
9. Disputes and Jurisdiction
Disputes regarding these terms will be governed by the internal laws of the State of Illinois. We aim to resolve disputes amicably and efficiently.
10. Changes to Terms of Use
On Record LLC reserves the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on the site. Your continued use constitutes agreement to the modified Terms of Use.
11. General Terms of Use for Our Site and All On Record LLC Services
Eligibility to Use the Site and On Record LLC Services
General: The Site and On Record services are accessible worldwide, welcoming users from any location to explore and engage with our offerings without any fees for site access.
Residency and Service Availability: While our digital services and website are accessible globally, physical subscription boxes and certain events are specifically tailored for the Chicagoland area due to our focus on supporting and connecting the local creative community. We strive to include a wide audience but please understand that some offerings are geographically restricted.
Fees: Accessing and browsing the On Record site is free of charge. However, subscription services, including our unique blend of physical and digital content offerings, require a subscription fee. Detailed information on subscription options and fees will be provided during the signup process.
Age Restrictions: Users of all ages are welcome to visit and explore the site. However, to operate an account independently, users must be at least 13 years old. For purchasing subscriptions or other items, the minimum age is 18. Users under 18 may use the site and its services under the supervision of a parent or legal guardian who assumes responsibility for their actions and compliance with our terms.
Compliance: All users must adhere to local laws related to online conduct and content, as well as all applicable tax obligations. The use of our site and services is void where prohibited by law. Users must agree to and comply with these Terms of Use, our Privacy Policy, and any other policies or procedures we may publish or update from time to time.
Account Integrity: On Record reserves the right to manage user accounts, including cancellation for inactivity, unpaid subscriptions, or any breach of our terms. We may, at our discretion, suspend or restrict access to our services. Should a user be banned from accessing our services, any attempts to circumvent this ban, including creating a new account, will be considered a violation of our terms, and we may take further action to enforce our policies.
12. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ON RECORD LLC HAVE AGAINST EACH OTHER ARE RESOLVED.
You and On Record LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND ON RECORD LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ON RECORD LLC AGREE OTHERWISE, WE AGREE THAT NEITHER OF US WILL JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Legal Disputes: Resolution Process.
For any disputes or claims not subject to arbitration, you and On Record LLC agree to submit to the personal jurisdiction of a state or federal court located in Illinois. You and On Record LLC agree that any and all disputes or claims that have arisen or may arise between you and On Record LLC relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to On Record LLC services shall be resolved exclusively through final and binding arbitration, except as specified.
Choice of Law:
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Illinois.
No Waiver:
No waiver by On Record LLC of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of On Record LLC to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement:
This Agreement, our Privacy Policy, and any other legal notices published by On Record LLC on the Services, shall constitute the entire agreement between you and On Record LLC concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Notice:
Any notices or other communications provided by On Record LLC under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Survival:
The provisions of this Legal Disputes section shall survive any termination or expiration of this Agreement.
Please note that without an agreement to arbitrate or a legal representation arrangement, disputes will be handled through the traditional court system, adhering to the laws and jurisdiction of Illinois as stated.
13. Force Majeure Clause
Neither you nor On Record LLC shall be held responsible for any failure or delay in the performance of our obligations under this Agreement due to events beyond our reasonable control, including but not limited to acts of God, wars, terrorism, insurrections, riots, civil disturbances, hurricanes, floods, fires, earthquakes, explosions, pandemics, governmental actions, labor conditions, or any other natural or man-made disasters or emergencies (collectively, "Force Majeure Events"). Upon the occurrence of any Force Majeure Event, the affected party shall notify the other party as soon as reasonably possible and shall make all reasonable efforts to resume performance of its obligations as soon as possible. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties' respective obligations hereunder shall resume. In the event the interruption of the excused party's obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate the affected portion of the Agreement upon written notice to the other party, without any further liability.
13. Modifications and Additional Terms
On Record may introduce new services that come with additional terms or modify existing services. Users wishing to engage with these services must agree to any supplementary terms, which become part of this agreement. We will inform users of any significant changes to our terms or services, ensuring transparency and compliance with our community standards.
For service support or assistance, please email subscriptions@onrecordchicago.com.
Updated: March 6, 2024