THE HOTEL AT MIDTOWN TERMS OF USE

Effective Date: November 2, 2026

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE MIDTOWN WEBSITE (THE “SITE”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 10) THAT AFFECT YOUR LEGAL RIGHTS.

These Terms of Use (“Terms”) govern your access to and use of the website operated by or on behalf of Midtown (“Midtown,” “Hotel,” “we,” “us,” or “our”) at www.midtownhotelchicago.com (the “Site”), including all content, functionality, and services offered on or through the Site. “You” and “your” refer to any individual or entity accessing or using the Site. These Terms, together with our Privacy Policy, form a binding legal agreement between you and Midtown (collectively, the “Agreement”).

1. ACCEPTANCE OF TERMS

1.1 Browse-Wrap Acceptance

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately stop using the Site.

1.2 Affirmative Acceptance at Account Creation and Booking

At the point of creating a User Account (see Section 5) or completing a reservation or booking through the Site, you will be required to affirmatively indicate your acceptance by checking a box labeled “I have read and agree to the Terms of Use and Privacy Policy” (or substantially similar language). No User Account will be created, and no reservation will be finalized, until this affirmative acceptance is provided.

1.3 Privacy Policy Cross-Reference

Your use of the Site is also governed by our Privacy Policy (the “Midtown Privacy Policy”), which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, share, and protect your personal information, including through cookies, web beacons, session-replay tools, AI-assisted communications, and similar technologies (see Privacy Policy Sections 1(a), 1(b), 2, and 3). We encourage you to review the Privacy Policy carefully before using the Site.

1.4 No Retroactive Consent to Material Changes

Nothing in these Terms shall be construed to mean that your continued use of the Site after a material change to these Terms or the Privacy Policy constitutes your consent to such change unless advance notice has been provided in accordance with Section 11 (Modifications to Terms) and Section 14 of the Privacy Policy.

2. USE OF THE WEBSITE

2.1 Permitted Uses

The Site is made available for your personal, non-commercial use for purposes such as browsing hotel information, researching accommodations, making legitimate reservations, managing your User Account, and other related activities.

2.2 Prohibited Uses

You agree not to:

Use any robot, spider, crawler, scraper, or other automated device, process, or means to access, monitor, scrape, or copy any content on the Site without Midtown’s prior express written consent (standard search-engine indexing is excepted from this prohibition)
Make speculative, false, or fraudulent reservations, or any reservation in anticipation of demand rather than genuine travel intent
Circumvent, disable, or otherwise interfere with security-related features of the Site or any system or network connected to the Site, including rate or booking restrictions
Impose an unreasonable or disproportionately large load on the Site’s infrastructure
Frame, mirror, or deep-link any portion of the Site without Midtown’s prior written consent
Use the Site for any unauthorized commercial purpose, including reselling reservations or rates
Violate or infringe upon the intellectual property rights, privacy rights, or other rights of Midtown or any third party
Upload, transmit, or introduce any malware, viruses, worms, trojan horses, or other harmful code
Engage in any activity that violates any applicable local, state, national, or international law or regulation

2.3 Right to Suspend or Terminate

Midtown reserves the right, in its sole discretion, to suspend or terminate your access to the Site, without prior notice, for any violation of these Terms or for any other reason Midtown deems appropriate, including suspected fraud or misuse.

3. RESERVATIONS AND BOOKINGS

3.1 Booking Process

Reservations made through the Site are subject to availability and confirmation by the applicable hotel property. A booking is not confirmed until you receive a written confirmation (by email or through the Site). Please review all booking details carefully before submitting your reservation.

3.2 Rate Accuracy and Pricing Errors

While Midtown strives to ensure the accuracy of all rates, descriptions, and availability information displayed on the Site, errors may occur. In the event of a pricing or descriptive error, Midtown reserves the right to correct the error and, at its option, either (a) honor the reservation at the corrected rate, or (b) cancel the reservation without penalty and issue a full refund of any amounts charged.

3.3 Cancellation and Modification Policies

Cancellation and modification policies, including applicable fees and cancellation windows, vary by rate type, hotel property, and promotional offer. Specific cancellation and modification terms will be disclosed to you at the time of booking and in your confirmation email. You are responsible for reviewing and complying with the applicable cancellation policy before completing a reservation.

3.4 No-Show Policy

If you fail to check in on the scheduled arrival date without canceling in advance in accordance with the applicable cancellation policy, you may be charged a no-show fee as disclosed at the time of booking.

3.5 Group Bookings

Reservations exceeding the applicable threshold must be arranged through Midtown’s group sales (reservations for 10 or more rooms) department. We currently permit a booking maximum of 6 rooms per one reservation. Midtown reserves the right to cancel individual online bookings that appear to be part of an undisclosed group reservation.

3.6 Third-Party Booking Platform

The Site may utilize a third-party reservations or booking-engine platform to process reservations. Our current processing engine is: (https://midtownhotelchicago.ihotelier.com/book/dates-of-stay). Your use of such platform is subject to the platform vendor’s own terms and conditions, and Midtown is not responsible for the acts or omissions of any such third-party vendor.

3.7 On-Property Terms

Your stay at any hotel property is subject to additional terms and conditions that may be presented at check-in, including requirements to present valid government-issued identification and a valid credit card, authorization for incidental charges, and any applicable resort fees or destination fees. In the event of a conflict between these Terms and any on-property terms presented at check-in, the on-property terms shall govern with respect to your on-site stay.

3.8 Currency and Payment

All rates are displayed in U.S. Dollars Payment is processed at the time of booking or at check-in/check-out, as specified. You are responsible for any international transaction fees, currency conversion charges, or similar fees imposed by your payment provider. Resort fees are charged per nightly stay and total room charges will include all applicable, federal, state and local taxes.

4. INTELLECTUAL PROPERTY

4.1 Ownership

The Site, including all content, text, graphics, images, photographs, videos, audio, software, logos, trademarks, trade dress, and the overall “look and feel” of the Site (collectively, “Site Content”), is owned by or licensed to Midtown and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved by Midtown and its licensors.

4.2 Limited License

Subject to your compliance with these Terms, Midtown grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for personal, non-commercial purposes, such as printing a reservation confirmation or reviewing hotel information. This license does not include the right to reproduce, distribute, modify, publicly display, create derivative works from, or commercially exploit any Site Content.

4.3 User-Generated Content

By submitting any reviews, testimonials, photographs, videos, or other content (“User Content”) to the Site, you grant Midtown a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media for Midtown’s business purposes, including displaying your name, likeness, and submission in connection with promotional and marketing activities. You represent and warrant that you own or have all necessary rights to the User Content you submit and that your submission does not violate any third party’s rights.

4.4 Copyright Infringement (DMCA Procedures)

Midtown respects the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, you may submit a notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) to Midtown’s designated copyright agent at: docket@nge.com, 225 West Randolph Street, Suite 2800, Chicago, Illinois 60606-1976. Your notice must include: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing, with information sufficient to locate it on the Site; (iii) your contact information; (iv) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. Counter-notices may be filed in accordance with the DMCA. Midtown maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

5. USER ACCOUNTS

5.1 Account Creation

To access certain features of the Site, including making reservations and managing bookings, you may be required to create a user account (“User Account”). When creating a User Account, you agree to provide accurate, current, and complete information and to update such information as necessary. Each individual may create only one User Account. You may not impersonate any other person or use a false identity.

5.2 Credential Security

You are solely responsible for maintaining the confidentiality of your User Account credentials (username and password) and for all activity that occurs under your User Account, whether or not authorized by you. You agree to notify Midtown immediately at: info@midtown.com of any suspected unauthorized access to or use of your User Account.

5.3 Account Suspension or Termination

Midtown reserves the right to suspend or terminate your User Account at any time, with or without notice, for any reason, including but not limited to: (a) breach of these Terms, (b) suspected fraud, misrepresentation, or misuse, (c) a request from law enforcement, or (d) discontinuation or material modification of the Site or any service. Upon termination, your right to use the Site will immediately cease.

5.4 Effect on Pending Reservations

If your User Account is suspended or terminated, any pending reservations associated with your account may, at Midtown’s discretion, be canceled. Midtown will use commercially reasonable efforts to notify you of any such cancellation and to process any applicable refunds in accordance with the cancellation policy disclosed at the time of booking.

6. PRIVACY AND DATA COLLECTION

6.1 Incorporation of Privacy Policy

The Midtown Privacy Policy is incorporated into these Terms by reference and forms part of the Agreement between you and Midtown. In the event of any conflict between these Terms and the Privacy Policy with respect to data collection, use, sharing, retention, or your rights regarding your personal information, the Privacy Policy shall govern.

6.2 Tracking Technologies

The Site uses cookies, web beacons, pixel tags, and similar tracking technologies to enhance your experience and to collect information about how you interact with the Site. Certain analytics or session-replay tools may record aspects of your on-site interactions — including mouse movements, scrolling behavior, clicks, and form entries — for purposes of site improvement, quality assurance, and user-experience optimization. Full details regarding the technologies used and the information collected are set forth in Sections 1(a), 1(b), and 2 of the Privacy Policy.

6.3 Live Chat and Automated Communications

The Site may offer live chat, chatbot, or other AI-assisted communication tools for customer service and inquiries. By initiating or participating in any chat or automated communication session, you acknowledge and consent to the collection, transmission, and recording of the contents of such communications as described in the Privacy Policy (see Section 1(b), “Live Chat and Automated Communications” subsection).

6.4 CIPA Consent

By using this Site, including any chat, form, or session-recording functionality, you consent to the collection, interception, and recording practices described in the Privacy Policy. For California and all other users from states with similar laws, this constitutes your affirmative consent under the California Invasion of Privacy Act (Cal. Penal Code §§ 631, 632) and similar state laws to the extent such practices are described in the Privacy Policy.

6.5 Your Rights

For information regarding your rights of access, correction, deletion, opt-out, and other choices available to you, please refer to Sections 7 and 8 of the Privacy Policy. Section 8 of the Privacy Policy addresses your rights under the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and other applicable state privacy laws.

6.6 Sensitive Personal Information

The Privacy Policy addresses the collection and use of sensitive personal information, including any applicable biometric data requirements (see Section 11 of the Privacy Policy). For questions about Midtown’s practices regarding sensitive personal information in the hotel/hospitality context, please contact us using the information in Section 12 of these Terms.

7. AUTOMATED DECISION-MAKING AND AI TOOLS

7.1 Use of Automated and AI-Driven Features

Midtown may use automated or AI-driven features on the Site, which may include, without limitation: (a) personalized offers, recommendations, or content based on your browsing behavior, preferences, or booking history; (b) dynamic or algorithmically assisted pricing; and/or (c) an AI-powered virtual assistant, chatbot, or concierge for customer service inquiries.

7.2 Significant Decisions and Your Rights

Where automated tools are used to make a decision that produces legal effects concerning you or similarly significantly affects you (as defined under applicable law, including the California Privacy Protection Agency’s regulations on automated decision-making technology), you may have the right to:

Receive notice that automated decision-making technology is being used
Request meaningful information about the logic involved, including the key inputs and parameters
Opt out of such automated decision-making
Request human review of a decision made by automated means
Appeal an adverse decision

For further details on the automated decision-making and profiling technologies used by Midtown, the categories of information processed, the purposes of such processing, and how to exercise your rights, please refer to Section 4 (Automated Decision-Making and Profiling) of the Privacy Policy.

7.3 AI Training and Data Use

Midtown’s use of your information for purposes of training, improving, or developing AI or machine learning models is described in Section 4 of the Privacy Policy. Where required by law, Midtown will obtain your consent before using your personal information for such purposes.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIDTOWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MIDTOWN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Accuracy of Information

MIDTOWN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RATES, AVAILABILITY, AMENITY DESCRIPTIONS, PHOTOGRAPHS, PROPERTY DESCRIPTIONS, OR OTHER INFORMATION DISPLAYED ON THE SITE. SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE AND MAY CONTAIN ERRORS OR INACCURACIES.

8.3 Third-Party Services

MIDTOWN DOES NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY HOTEL PROPERTIES, SERVICE PROVIDERS, OR PLATFORM VENDORS WHOSE SERVICES ARE REFERENCED ON OR ACCESSIBLE THROUGH THE SITE. SUCH THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS, EMPLOYEES, OR REPRESENTATIVES OF MIDTOWN.

8.4 Travel Risks

MIDTOWN DISCLAIMS ANY LIABILITY FOR LOSSES, INJURIES, OR DAMAGES ARISING FROM TRAVEL, INCLUDING WITHOUT LIMITATION THOSE RELATED TO WEATHER, NATURAL DISASTERS, POLITICAL INSTABILITY, HEALTH RISKS, GOVERNMENT TRAVEL ADVISORIES, TRANSPORTATION DISRUPTIONS, OR ACTS OF THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE RISKS ASSOCIATED WITH YOUR TRAVEL PLANS.

8.5 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIDTOWN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MIDTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.6 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. INDEMNIFICATION

Your Indemnification Obligations

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MIDTOWN AND ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY PLATFORM VENDORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OR MISUSE OF THE SITE; (C) YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT; (D) ANY USER CONTENT YOU SUBMIT; OR (E) ANY DISPUTE BETWEEN YOU AND A HOTEL PROPERTY, SERVICE PROVIDER, OR OTHER THIRD PARTY.

9.2 Cooperation and Control

Midtown reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Midtown in asserting any available defenses.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MIDTOWN EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. YOU AND MIDTOWN AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND MIDTOWN WAIVE ANY RIGHT TO A JURY TRIAL. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND CANNOT BE SEVERED FROM IT.

10.2 Governing Law

These Terms and any dispute arising out of or relating to these Terms, the Site, or your use thereof shall be governed by and construed in accordance with the laws of the State of Illinios, without regard to its conflict-of-laws principles.

10.3 Binding Arbitration

Except as set forth in Section 10.5, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (“Dispute”) shall be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and shall be heard by a single arbitrator, pursuant to rules an bylaws then in effect (the “AAA Rules”), except as modified by this Section 10. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.4 Informal Resolution Period

Before initiating arbitration, the parties agree to first attempt to resolve any Dispute informally. The party asserting the Dispute shall send a written notice to the other party describing the nature of the Dispute and the relief sought (a “Notice of Dispute”). If the Dispute is not resolved within sixty (60) days of the date the Notice of Dispute is received, either party may then initiate arbitration as set forth in Section 10.3.

10.5 Small Claims Court Exception

Notwithstanding Section 10.3, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of such court, provided the action remains on an individual (non-class, non-representative) basis.

10.6 Severability of Dispute Resolution Terms

If any provision of this Section 10 is found to be unenforceable, the remaining provisions shall continue in full force and effect. If the Class Action Waiver in Section 10.1 is found to be unenforceable in its entirety with respect to a particular claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction rather than in arbitration.

11. MODIFICATIONS TO TERMS

11.1 Right to Modify

Midtown reserves the right to modify, amend, or update these Terms at any time. The revised Terms will be posted on the Site with an updated “Effective Date” at the top of this document.

11.2 Advance Notice of Material Changes

For changes that materially affect your rights or obligations under these Terms — including but not limited to changes to the arbitration and dispute resolution provisions (Section 10), changes to fees or charges, or changes to data collection and use practices — Midtown will provide advance notice before such changes take effect. Advance notice may be provided by: (a) posting a prominent notice on the Site, (b) sending an email notification to the address associated with your User Account, or (c) other reasonable means. Such advance notice will be provided at least thirty (30) days before the effective date of the material change, unless a shorter period is required by law or exigent circumstances.

11.3 Acceptance of Modified Terms

Your continued use of the Site after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site and, if applicable, close your User Account. For the avoidance of doubt, Midtown will not rely solely on the posting of revised Terms, without providing the advance notice described in Section 11.2, as the basis for deeming that you have consented to material changes.

11.4 Privacy Policy Modifications

Changes to the Privacy Policy are governed by Section 14 of the Privacy Policy, which includes a similar commitment to providing advance notice of material changes, including changes involving AI, automated decision-making technology, or new tracking technologies.

12. CONTACT INFORMATION

12.1 General Inquiries

If you have any questions about these Terms, please contact us at: info@midtown.com.

12.2 Privacy Inquiries

For questions or requests related to your privacy or personal information, please contact Midtown as described in Section 15 of the Privacy Policy.

12.3 Copyright/DMCA Inquiries

For copyright infringement notices under Section 4.4 of these Terms, please contact Midtown’s designated copyright agent as identified in that section.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.